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13-0820_STL LANDSCAPE, INC._Construction ContractCONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this 7th day of August, 2013, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and STL Landscape, Inc., hereinafter referred to as "Contractor." City and Contractor mutually agree as follows: Section 1. General Conditions. Contractor certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon Contractor's investigation of all such matters and is in no way relying upon any opinions or representations of City. It is agreed that this Contract represents the entire agreement between the parties. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, and Contractor's Proposal are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that Contractor and its subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract. "Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to City's Engineer, without whose decision Contractor shall not adjust said discrepancy save only at Contractor's own risk and expense. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.2 (HOA AND CITY PARKS) B-1 Section 2. Materials and Labor. Contractor shall furnish, under the conditions expressed in the Plans and Specifications, at Contractor's own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be fumished by the City, to construct and complete the Project, in good workmanlike and substantial order. If Contractor fails to pay for labor or materials when due, City may settle such claims by making demand upon the surety to this Contract. In the event of the failure or refusal of the surety to satisfy said claims, City may settle them directly and deduct the amount of payments from the Contract price and any amounts due to Contractor. In the event City receives a stop notice from any laborer or material supplier alleging non-payment by Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. Section 3. Description of Project. The Project is described as: HOA and Cily Parks Recycled Water Conversions as delineated in the Plans and Specifications prepared by Dudek, dated June 21, 2013. Work to include: the construction of irrigation system modification for recycled water conversion, and all appurtenant work. Section 4. Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: CITY OF SAN JUAN CAPISTRANO RECYCLED WATER CONVERSION BID PACKAGE No. 2 (HOA and City Parks). CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO. 2 (HOA AND CITY PARKS) B-2 Said Plans and Specifications and any revisions, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. Section 5. Time of Commencement and Completion. Contractor agrees to commence the Project within ten (10) calendar days from the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to completion within thirty (30) calendar days from the date of the "Notice to Proceed" issued by the City excluding delays caused or authorized by the City as set forth in Sections 7, 8 and 9 hereof. Section 6. Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, Contractor shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of Contractor's work in conformance with an approved construction progress schedule. Contractor shall coordinate the work covered by this Contract with that of all other Contractors, subcontractors and of the City, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5 herein. City shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of Contractor on the premises. Section 7. Excusable Delays. Contractor shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather which exceeds the number of calendar days estimated by the City and set forth in Section 5 hereof; damages caused CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO. 2 (HOA AND CITY PARKS) B-3 by fire or other casualty for which Contractor is not responsible; any act, neglect or default of City; failure of City to make timely payments to Contractor; late delivery of materials required by this Contract to be furnished by City; combined action of the workers in no way caused by or resulting from default or collusion on the part of Contractor; a lockout by City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable control. City shall extend the time fixed in Section 5 for completion of the Project by the number of days Contractor has thus been delayed, provided that Contractor presents a written request to City for such time extension within fifteen (15) days of the commencement of such delay and City finds that the delay is justified. City's decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by Contractor. No claims by Contractor for additional compensation or damages for delays will be allowed unless Contractor satisfies City that such delays were unavoidable and not the result of any action or inaction of Contractor and that Contractor took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with Section C - 9(f) of the General Provisions. The City's decision will be conclusive on all parties to this Contract. Section 8. Extra Work. The Contract price includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by a designated representative of City specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof. City shall extend the time fixed in Section 5 for completion of the Project by the number of days reasonably required for Contractor to perform the extra work, as determined by City's Engineer. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO. 2 (HOA AND CITY PARKS) B-4 Section 9. Changes in Proiect. A. City may at any time, without notice to any surety, by written order designated or indicated to be a change order,. make any change in the work within the general scope of the Contract, including but not limited to changes: 1) in the Specifications (including drawings and designs); 2) in the time, method or manner of performance of the work; 3) in the City -furnished facilities, equipment, materials, services or site; or 4) directing acceleration in the performance of the work. B. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the City which causes any change, provided Contractor gives the City written notice stating the date, circumstances and source of the order and that Contractor regards the order as a change order. C. Except as provided in this Section 9, no order, statement or conduct of the City or its representatives shall be treated as a change under this Section 9 or entitle Contractor to an equitable adjustment. D. if any change under this Section 9 causes an increase or decrease in Contractor's actual, direct cost or the time required to perform any part of the work under this Contract, whether or not changed by any order, the City shall make an equitable adjustment and modify the Contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (B) above shall be allowed for any costs incurred more than twenty (20) days before the Contractor gives written notice as required in paragraph (B). In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased direct cost Contractor reasonably incurred in attempting to comply with those defective specifications. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO. 2 (HOA AND CITY PARKS) B-5 E. If Contractor intends to assert a claim for an equitable adjustment under this Section 9, it must, within thirty (30) days after receipt of a written change order under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a written statement to the City setting forth the general nature and monetary extent of such claim. The City may extend the thirty (30) day period. Contractor may include the statement of claim in the notice under paragraph (B) of this Section 9. F. No claim by Contractor for an equitable adjustment shall be allowed if made after final payment under this Agreement. G. Contractor hereby agrees to make any and all changes, furnish the materials and perform the work that City may require without nullifying this Contract. Contractor shall adhere strictly to the Pians and Specifications, unless a change therefrom is authorized in writing by the City. Under no condition shall Contractor make any changes to the Project, either in additions or deductions, without the written order of the City and the City shall not pay for any extra charges made by Contractor that have not been agreed upon in advance in writing by the City. Contractor shall submit immediately to the City written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the City and the proper cost or credit breakdowns therefore shall be submitted without delay by Contractor to City. Section 10. Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specked in Section 5 plus the allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City will sustain damage, which would be extremely difficult and impracticable to ascertain. The parties therefore agree that Contractor will pay to City the sum of Five Hundred Dollars and No Cents ($500) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO. 2 (HOA AND CITY PARKS) B-6 Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. Section 11. Contract Price and Method of Payment. City agrees to pay and Contractor agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of eighty four thousand dollars and zero cents ($84,000) as itemized on the attached Exhibit "A," described as the Bid. Within thirty (30) days from the commencement of work, there shall be paid to the Contractor a sum equal to ninety percent (90%) of the value of the actual work completed plus a like percentage of the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of the City, since the commencement of the work as determined by the City. Thereafter, on a schedule issued by the City at the commencement of the job which shows a minimum of one payment made to the Contractor per month for each successive month as the work progresses and the request for payment due dates from the Contractor to meet the payment schedule, the Contractor shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety percent (90%) of the value of the work completed since the commencement of work as determined by the City, less all previous payments, provided that the Contractor submits the request for payment prior to the end of the day required to meet the payment schedule. The City will retain ten percent (10%) of the amount of each such progress estimate and material cost until the Final Payment. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City's Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO. 2 (HOA AND CITY PARKS) B-7 Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Section 12. Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be entitled to post approved securities with the City or an approved financial institution in order to have the City release funds retained by the City to insure performance of the Contract. Contractor shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution. Section 13. Completion. Within ten (10) days after the contract completion date of the Project, Contractor shall file with the City's Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. City may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier. Section 14. Contractor's Employees' Compensation. A. General Prevailing Rate: City has ascertained from the State of California Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of the same are on file in the Office of the Engineer of City. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO. 2 (HOA AND CITY PARKS) B-8 required by Labor Code Section 1774 of the State of California. C. Forfeiture For Violation: Contractor shall, as a penalty to the City, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Travel and Subsistence Pay: Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this Contract and Contractor shall comply therewith. E. Apprentices: Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this Contract and the Contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty Contractors not bidding for work through the general or prime Contractor are Two Thousand Dollars ($2,000.00) or more or five (5) working days or more. F. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seg.) CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO. 2 (HOA AND CITY PARKS) B-9 of the Labor Code of the State of California and shall forfeit to the City as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Project. G. Record of Wages, Inspection: Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Section 15. Surety Bonds. Contractor shall, before entering upon the performance of this Contract, furnish bonds approved by the City Counsel -- one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid to CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO-2(HOA AND CITY PARKS) B-10 guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the City. Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME_RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-11 whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty(30) days' written notice to City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carving the foregoing insurance shall not derogate from the provisions for indemnification of City by Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A-Class VII or better: Workers' Compensation In accordance with the Workers' Compensation Act of the State of California -- Minimum of $1,000,000 Public Liability, in the form of either Comprehensive General $2,000,000, per occurrence, or Liability or Commercial General alternatively, Liability written on a per-occurrence $2,000,000 aggregate, separate basis for this project. Automobile liability, including $2,000,000 per occurrence non-owned and hired vehicles City or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. Contractor shall pay the premiums on the insurance hereinabove required. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO. 2(HOA AND CITY PARKS) 5-12 Section 17. Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees harmless against any and ail liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (Contractors' employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigation arising through the sole negligence or sole willful misconduct of City, and will make good to and reimburse City for any expenditures, including reasonable attorneys'fees City may incur by reason of such matters, and if requested by City, will defend any such suits at the sole cost and expense of Contractor. Section 18. Stop Notice Administration. City reserves the right to charge Contractor for City's actual administrative time (including attorney's time) to administer and process stop notices filed by Contractor's subcontractors, materialmen, or any other claimant or lienholder. Section 19. Termination. A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by the City for its convenience, provided that the Contractor is given (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-13 C. If termination for default or convenience is effected by the City, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If termination for default is effected by the Contractor, the equitable adjustment shall include a reasonable profit for services or other work performed, but no adjustment will be allowed for anticipated profits. The equitable adjustment for any termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs (A) or (B) above, the Contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether completed or in process. E. Upon termination under paragraphs (A) or (B) above, the City may take over the work and may award another party an agreement to complete the work under this Contract. Contractor agrees to perform all work under this Contract in accordance with the City's designs, drawings and specifications. The Contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The City shall promptly give notice to the Contractor of observed defects. In the event that the Contractor fails to make adjustments, repairs, corrections CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-14 or other work made necessary by such defects, the City may do so and charge the Contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. The Contractor's obligations under this clause are in addition to the Contractor's other express or implied assurances under this Contract or state law and in no way diminish any other rights that the City may have against the Contractor for faulty materials, equipment or work. Section 20. Assignment. No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the City unless such assignment has had prior written approval and consent of the City and the surety. Section 21. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against the Contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the City as a party to said action, the City shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not. Section 22. Resolution of Disputes. The City and the Contractor shall comply with the revisions of California Public Contracts Code Section 20104, et seg., regarding resolution of construction claims for any claims which arise between the Contractor and the City. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-15 Section 23. Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Keith Van Der Maaten, P.E., Director of Public Works and Utilities To Contractor: Dan Patterson STL Landscape, Inc. 8122 Compton Ave Los Angeles, CA 90001 Signature Page to Follow CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-16 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. CIT AN J N CAP TRANO By: J Taylor, ay r CONTRAC By: ATT ST By: ri rris, C' y Cler APPRO ED AS TO FORM: B : Man'sVan Ligten, City Attorne CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO. 2(HOA AND CITY PARKS) B-17 Bond No. 361 BID BOND KNOW ALL MEN BY THESE PRESENTS, That STL Landscape, Inc. as Principal, and The Grafi Insurance Company as Surety,are held and firmly bound unto the City of San Juan Capistrano,hereinafter called the"Owner"in the sum of (lOx)*** ********** TEN PERCENT OF THE AMOUNT OF THE 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 severally,f;rrnfy 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,, Recycled Water Conversion Bid Package No.2 CIP NO. 13601 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 22nd da July 20 13 STL Landtscap Inc. _(SEAL) (SEAL AND NOTARIAL BY--* ACKNOWLEDGMENT OF SURETY) Dau. Patte so - Corp. Secretary 11-11 The Gray Insurance Cozp ( yr By: y) ]Les M. Mantle Attorney in Fact FORM u-,Ia BID BOND(510 SECURITY FORM) .,tu�,oea+e..ve BID FORMS- PAGE 6 w AM THE GRAY INSURANCE COMPANY THE GRAY CASUALTY&SURETY COMPANY � P" '' '1 GENERAL POWER OF ATTORNEY 1 7 7 1�6 KNOW ALL BY THESE PRESENTS,THAT The Gray Insurance Company and The Gray Casualty&Surety Company,corporations duly organized and existing under the laws of Louisiana,and having their principal offices in Metairie,Louisiana,do hereby make,constitute,and appoint Les M.Mantle and Ryan S.Mantle of Fullerton,California jointly or severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its deed,bonds,or other writings obligatory in the nature of a bond,as surety,contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of$10,000,000. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty&Surety Company at meetings duly called and held on the 26`h day of June, 2003. "RESOLVED,that the President,Executive Vice President,any Vice President,or the Secretary be and each orany of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings,and all contracts of surety,and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney,and to attach the seal of the Company;and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond,undertaking or contract of surety to which it is attached. r IN, WITNESS WHEREOF,The Gray Insurance Company and The Gray Casualty&Surety Company have caused their official seals to be hereinto affixed,and these presents to be signed by their authorized officers this 12`h day of September,20`11. B Attest: �SeU R•A ti C Y' f ... .� ;{ SEAL hV Michael T.Gray Mark S.Manguno oti SEAL 3 President,The Gray Insurance Company Secretary, r « .•-'" and The Gray Insurance Company, ~+.. . * Vice President, The Gray Casualty&Surety Company The Gray Casualty&Surety Company State of Louisiana ss: Parish of Jefferson On this 12'h day of September,2011,before me,a Notary Public,personally appeared Michael T.Gray,President of The Gray Insurance Company and Vice President of The Gray Casualty&Surety Company,and Mark S.Manguno,Secretary of The Gray Insurance Company and The Gray Casualty&Surety Company,personall known to me,being duly sworn,acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of,and acknowledged said instrument to be the voluntary act and deed,of their companies. `. *' :+ Lisa S.Millar,Notary Public,Parish of Orleans S r�'•� piei+� `P��F State of Louisiana L to�`s�° My Commission is for Life Y.hYYM1..1.Y•� I,Mark S. Manguno,Secretary of The Gray Insurance Company and The Gray Casualty&Surety Company,do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 22nd day of July, 2013 SEAL SEAL b Mark S.Manguno,Secretary The Gray Insurance Company The Gray Casualty&Surety Company L,-C 'e ! ... I ��= - �;. �i f_ .J: ,, .I R., :1..,�r :C.._ / ;1`. , �1. r.is 4 :Fl •1' u.x, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ^carszs�tr �e r�a�c�e .� cz�erzr�rrcx ^ State of California county of Orange On efore me, Mary martignoni - Notary Public Dais Here tnwri mm ara rite of"Offer personally appeared Les M. Mantle Sl ai s;ataris who proved to me on the basis of satisfactory evidence to be the person(s)whose names) is/are subscribed to the wit hin instrument and acknowledged to me that MARY me thatRTIGNONI 1. helsheRhey executed the same in hisMedtheir authorized *• COMM.# 1947853 capacify(ies), and that by his/her/their signature(s) on the z r NOTARY PUBIC r CALIFORNIA a instrument the persort(s), or the entity upon behalf of ORANGE COUNTY tvty Comm,Expires Sept.9,2075 Which the person(s)acted,executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.. Signatur nd - Place Nat ary Seal Abort Signature Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relyfng on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: — Document Date: Number of Pages: Signer(s)Other Than Named Above: ---- Capacity(ies)Claimed by Signer(s) Signers Name:` Les M. Mantle Signer's Name: _— ❑ Individual Individual E7 Corporate Officer—Tide(s): __ ❑Corporate Officer—TPlte(s): _ ED Partner—O Limited ❑General ❑Partner--O limited ❑General * Attorney in Fact ❑Attorney in Fact To, hem ❑ Trusiee 1f r of inumb rn e ❑Trustee i✓ Guardian or Conservator k ❑Guardian or Conservator ❑ Other: 01 Other: Signer Is Representing: Signer is Representing:----- The epresenting: ___—The Gray Insurance !1 - 02007 Nations?Notary AS GWi011.9350 D8 Soto Aw.,P.0 as pa V2•Ctrat.wotlh,CA 91313-2SC2._.NatioralNatary.org @ams5907 P,-crder.Ca{IToP-R�l-800-8 ACKNOWLEDGMENT rsaarraarrrrarrarerreeearrrrrrrarraarrrrrararrrrraaarrrrrrrrr■arerrarrrr State of California County of Los Angeles)ss. On July 22, 2013 before me, Ivonne Loera-Khatib, Notary Public, personally appeared Dan Patterson, who proved to me on the basis of satisfactory evidence to be the personfe�whose nameks) is/arm subscribed to the within instrument and acknowledged to me that he/sbe4hey executed the same in his/he~ authorized capacityfies} and that by his/b&44heir signaturesW on the instrument the person(zs , or the entity upon behalf of which the perso*( 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. WITNESS my hand and official seal. ��t Ceennwsioa�2liP�M f� try Nblic-Cal�iornls Signature oaaarareerrraaareararra■teerraosrrrreararraeaaaaaara■rsaaaaaraaraasaaraa. OPTIONAL INFORMATION Date of Document _ Thumbprint of Signer Type or Title of Document ��� +^� Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) [] Check here if Capacity of Signer: no thumbprint Trustee or fingerprint Power of Attorney is available. CEO/CFO/COO — P Secretary Pref Other Other Information: BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: 5 L 2. CONTRACTOR'S Telephone Number: (;Z�) Facsimile Number: (_3 a?) 5V t 5 E-mail address '/4 h @,s4Y/c,A Cs C_!,O c.' C , c a 41 3. CONTRACTOR'S License: Primary Classification ri State License Number(s) r�7�L?_& f Supplemental License Classifications ,C 2-? G/ ' 4. Surety Company and Agent who will provide the required Bonds on this Contract- Name of Surety Address 16Is+-2 170/2_ '9%y 2-�J Surety Company Agent L y--- Telephone Numbers: Agent(?/y } -f -Z I L S�I ty O Z ' Z. 5. Type of Firm (Individual, Partnership or Corporation): C'no-po "+ 6. Corporation organized under the laws of the State of: C-A--,--/ A- 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: f��-�:S' - f=4'G..J C i.i�r.:.:: C-y£`�.4� cy��.� C L�6x-•r i"(��.; .>$-r/-2 �`�-; Cel" �IJUG � A-V f. S�<-l��+7�'t- c7!-�-' 1�!''["T..�-2SLd.s L�IZL c t:,•�,f'i'Z;ti! ¢�/�� t.+�¢ C�- �`Cl U� FORM U420 BIDDER'S GENERAL INFORMATION x13U-420infa.wpd BID FORMS-PAGE 7 Nov 2001 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. tr-,-f Address A AA,•v r�`i �l G4r� ✓rte Contact �C�n S%`;VirTr Class of work 4 Phone 72-q—251-4-t-1-4-t-1 Contract amount 1 7 4ty Project(,} Date completed tZ�t�- 2. Owner <ftr�z di"' tA-dL)Af-" 'Address Contact Do uG, f2 �-1..- c Class of work Phone( ¢�) 7 5 %-P Contract amount Z S�fid Project{�) Date completed Z! d 3 3. Owner 6c S-H *- P/5`Address Contact `� '� � -U''���-'7S1" Class of work _ 2- �r�J✓��f 4 a J Phone{71 } '?6`2-- Z�L ( Contract amount Project(^) Date completed `7f z-_. 10. List the name and title of the person who will supervise full-time the proposed work for your firm: 11. Is full-time supervisor an employee _�Contract services ? 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. FORM U-ago _ BIDDER'S GENERAL INFORMATION x13U-420infampd BID FORMS-PAGE 8 Nov 2001 aL BID This is EXHIBIT A, consisting of one page, referred to in made and a part of the ,,AGREEMENT between the OWNER and the .'CONTRACTOR BID TO: CITY OF SAN JUAN CAPISTRANO The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement)to perform the Work as specified or indicated in said Contract Documents entitled: Recycled Water Conversion Bid Package No.2 C.I.P. No.13601 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): NQmber 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.. n In conformance with the current statutory requirements of California Labor Code Section 1860,et seq.,the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code,which require every employer to be inst:red 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 Bidderfurther agrees to complete the Work requires;unda, 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 th .aforementioned Bidding Schedule(s). Dated: 7y Bidder: (Si nature) Title: 2 i~ rp., FORM U-300 BID (PROPOSAL) XOBU-300bid.wpd Nov 2001 BID FORMS-PAGE 1 - Bond No. 361 BID BOND KNOW ALL MEN BY THESE PRESENTS, That STL Landscapes, Inc. as Principal,and The Grafi Insurance Company as Surety, are,held and firmly bound unto the city of San Juan Capistrano,hereinafter called the "Ownar"in the sum of TE19 PERCH OF THE AKOIT OF THE 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,i0intly and severally,firmly by these presents. WHEREAS,said Principal has submitted a Bid to said Owner to perform the Work required tinder the Bid Schedule(s)of the Owner's Contract Documents entitled'. Recycled Water Conversion Bid Package Pio. 2 CIP NO. 13601 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 shah 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 shah pay all costs incurred by said Owner in such suit,including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEAL.,this 22nd da f JulY 120 13 STL L.andscap 9If nc. (SEAL) (SEAL AND NOTARIAL 13 ACKNOWLEDGMENT OF SURETY) Dan Patte sa — Corp. Secretary The Gray Insurance Crap By ( vr ) Les M. Mantle—Attorney in Fact voar�u�,o BID BOND(BID SECURITY FORM) v,iu�ilObtrna.wpn BID FORMS- PAGE 6 w,�zoet This is Page 1 of Exhibit B consisting of 3 pages,referred to in and made a part of the AGREEMENT between the OWNER and the CONTRACTOR. BID SCHEDULE CIP NO. 93609 Recycled Water Conversion Bid Package No. 2 (Schedule A) UNIT OF FST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST L Mobilization and Demobilization. LS I ry �V j o cs 2. City of San Juan Capistrano Public Works Encroachment 3 -3 v ,a Permit&Business License. LS I 3. Coordination and conducting final cross connection.test with Ur vim,a (C3 p u v City,Engineer and OCHCA• LS I 4. Coordinate and conduct site inspection to identify and eliminate any irrigation overspray onto benches,sidewalks,storm �( !> 6 drains and eliminate misting of sprinklers spray,Furnish all labor, materials and equipment to eliminate overspray and misting. LS 1 5. Furnish all labor,materials and equipment to excavate and remove a portion of the 4-inch a PVC pipeline with applicable appurtenances,complete and operational. LS 1 6. Furnish all labor,materials and equipment to excavate and remove a portion of the 8-inch — CDC, a PVC pipeline with applicable appurtenances,complete and operational. LF 4 7. Furnish all labor,materials and equipment for providing caps on the 8-inch PVC,and a L( o u a appurtenances,complete and operational. EA 2 FORM U-302 UNIT PRICE UNIT PRICE 610 SCHEDULE o �na.wAa Nov2001 BID FORMS-PAGE 1 N2GG7 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST & Furnish all labor,materials and equipment in order to disconnect and remove 2-inch RPPD. Provide applicable appurtenances in order to complete and keep U `' system operational after removal. EA 2 9. Furnish all labor,materials and equipment for installing recycled water identification labeling (stickers)inside and outside of field controllers. EA 35 10. Furnish all labor,materials and _ equipment for the installation of recycled water signs. EA 35 11. Furnish all labor,materials and equipment for installing recycled _ o water tags into meter boxes,main 5 ( � 9 75 line gate valves,lateral line gate valves,and quick couplers. EA 725 12. Furnish all labor,materials and equipment for installation of valve box nameplates on top of r r all recycled water"green"main line gate valve boxes,lateral line gate valve boxes,and quick couplers boxes. EA 725 13. Furnish all labor,materials and equipment for installing potable water tags into meter boxes and 11 RPPD's. EA 10 14. Furnish all labor,materials and equipment for installing non- potable water tags into meter ` �' 3 7 )� boxes,main line gate valves, lateral line gate valves,RPPD's and quick couplers. EA 25 15. Furnish all labor,materials and equipment for stamping(i.e.hot branding)all non-notable water - �3 main line gate valve boxes, lateral line gate valve boxes,and quick couplers boxes. EA 20 TOTAL BID PRICE (Schedule A) I Dollar amount in written form FORM U-302 UNIT PRICE UNIT PRICE BID SCHEDULE X09Nov 2001r . un a BID FORMS-PAGE 2 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100,et seq.,of the Public Contract Code,the Bidder shall list belowthe 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. Contractors License Work to be Performed Number Subcontractor's Name&Address z 2 3 4 5 6 7 8 FORM U-430 UST OF SUBCONTRACTORS AugDs.wpd g 2001 BID FORMS-PAGE 4 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss, County of Z05 1, being first duly sworn, deposes and says that he or she is s�c2 r� %J of5'TL �o �''SCA�_ '� 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 S, "c-2 5�1 rA- - Organization :5-/—L Address S Z Lv_ f4-rj G.j:'c r_.f" c p, �cJc:sG FORM 0400 NON-COLLUSION AFFIDAVIT AU9200i�E' a BID FORMS- PAGE 5 Bid Opening Report Bids opened: July 23, 201' at 2:00 P.m. Project Tide: Recycled WaterConversion Bid Package Not C.I.P. 1.3601 Project Engineer! Eric Batiman, Utilities Engineer Pre-Bid Estimate $89,500.00 Bidder: Bid Amount Bid Bond,'Addenda'? STL Landscape, inc, 2. Habitat Restoration Sciences, Inc. t TE Roberts, Inc. 4. 5. 6. 7. 8. Signed: Dated: cc: City Clerk Staff (3) Project Department L (3) City Manager (1) The above bid amounts have not been checked. The bid totals are sublect to correction after the bids have been completely reviewed, $2,100.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT Bond No. GSK26151 TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That STL Landscape, Inc. as Contractor, And The Gray Insurance Company 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: EIGHTY FOUR THOUSAND AND 00/100 (84,000.00)****************** dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS Said Contractor has been awarded and is about to enter into the annexed Agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: Recycled Water Conversion Bid Package No. 2 CIP NO. 13601 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 SE ED, this 23rd day of August 2013 Contractor S Lan cape, Inc. Surety a Gray,4Insuranc.,weCom any By By Title Dan erson, Corp. Sec. Title Ryan S. Mantle, Attorney—in—Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) FORM v-oto PERFORMANCE BOND x160.6100ond, pd AGREEMENT AND BONDS - PAGE 4 Nov P.M1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County jof Orange O On "2 1-2013 before me, Mary Martignoni - Notary Public Date Neve Insert Name and Title of the Officer ' personally appeared Ryan S. Mantle Namefs)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized MARY MARTIGNONI capacity(ies), and that by his/her/their signature(s) on the COMM. # 1947853 Z instrument the person(s), or the entity upon behalf of Z ' " NOTARY PUBLIC-CALIFORNIA which the person(s) acted, executed the instrument. ORANGE COUNTY My Comm.Expires Sept.9,2015 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seeaaL Signatu Place Notary Seal Above Sigridjeje Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Ryan S. Mantle Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General W191,11 _ _ ❑Partner—71 Limited ❑General ® Attorney in Fact H ❑Attorney in Fact ❑ Trustee Top of thumb here F'Trustee Top of thumb here ❑ Guardian or Conservator Ell Guardian or Conservator Other: ❑Other: Signer Is Representing: Signer Is Representing: The Gray Insurance Com m 02007 National Notary Association•9350 De Soto Ave.,PO,Box 2402•Chatsworth.CA,91313-2402•V w .NalionalNotary.org Item#5907 Reorder Call Toll-Free 1-8op-876-6827 THE CRAY INSURANCE COMPANY THE GRAY CASUALTY&SURETY COMPANY f Cf J GENERAL POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS,THAT The Gray Insurance Company .and The Gray Casualty&S,!rety Company,corporations duly organized and existing under the laws of Louisiana,and having their principal offices in Metairie,Louisiana.do hereby make,constitute,and appoint Les M.Mantle and Ryan S.Mantle of Fullerton,California jointly or severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its deed,bonds, or otter writings obligatory in the nature Fof a bond,as surety,contracts of suretyship as are or may be required or permitted by law,regulation,contract or,nherwise,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of S]0,000,00(';. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following R�solulions adopted by the Boards of ` Directors of both The Gray Insurance Company and The Gray Casualty&Surety Company at meetings duly called and held on the 26`h day of June, 2003, "RESOLVED,that the President,Executive Vice President,any Vice President,or the Secretary')e and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings,and all contracts of surety,and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney,and + to attach the seal of the Company:and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond,undertaking or contract of surety to which it is f attached. W.. IN WITNESS WHEREOF,The Gray Insurance Company and The Gray Casualty&Surety Company have caused their official seals to be hereinto Yaffixed,and these presents to be signed by their authorized officers this 12`h day of September,2011. IN r. a-N CF By: Attest: ��!� �f�►'�7 �`r�s"�.8 s�� a SEAL 3' Michael T,Gray Mark S.Manguno ok SEAL : % � President,The Gray Insurance Company Secretary, ....... and The Gray Insurance Company, *. Vice President, The Gray Casualty&Surety Company The Gray Casualty&Surety Company ' State of Louisiana , ss: { Parish of Jefferson ;-¢ On this 12`h day of September,2011,before me,a Notary Public,personally appeared Michael T, Gray,President of The Gray Insurance Company `? and Vice President of The Gray Casualty&Surety Company,and Mark S.Manguno,Secretary of The Gray Insurance Company and The Gray Casualty&Surety Company,personally known to me,being duly sworn,acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of,and acknowledged said instrument to be the voluntary act and deed,of their companies. o', °J�"'IWtiC�ycyo ?vf aO�R}•+•�sc 4 *_ }* Lisa S. Millar,Notary Public,Parish of Orleans ' State of Louisiana My Commission is for Life 1,Mark S.Manguno,Secretary of The Gray Insurance Company and The Gray Casualty&Surety Company,do hereby certify that the above and R forgoing is a true and correct copy of a Power of Attorney given by the companies,which is still in full force and effect. 1`:R IN WITNESS WHEREOF,I have set m hand and affixed the seals of the Companies this 23rd da of Au Y P Y gust, 2013 . _ d g U R q ry�` JrMt Y,8'•�U ��r���/�]t� ��%//��//++ "i r y� SEAL �k SEAL b Mark S. Manguno,Secretary '; y.• �y; -- ,� The Gray Insurance Company r`' •... f` •• The Gray Casualty&Surety Company i,. ..IM 11.411.RMIMMArNMAIRIMIMEMM. PREMIUM INCLUDED IN PERFORMANCE BOND Bond No. GS1426151 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That The Gray Insurance Company 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: EIGHTY FOUR THOUSAND AND 00/100 (84,000.00)************************ dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. WHEREAS,said Contractor has been awarded and Is about to enter into the annexed agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: Recycled Water Conversion Bid Package No.2 CiP NO. 13601 NOW THEREFORE,if said Contractor,its subcontractors,its heirs,executors,administrators,successors,or assigns shall fall to pay for any materials,provisions,provender,equipment,or other supplies used in, upon, for,or about the performance of the Work contracted to be done,or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code,or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor,all as required by the provisions of Title XV,Chapter 7, Sections 3247-3252,inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State of California referred to therein and acts amendatory thereof,and provided that the persons,companies, or corporations so furnishing said materials, provisions, equipment,or other supplies, appliances, or power used in,upon,for,or about performance of the Work contracted to be executed or performed,or any person, company,or corporation renting or hiring implements or machinery or power for,or contributing to,said work to be done,or any person who performs work or labor upon the same,or any person who supplies both work and materials therefor,shall have Complied with the provisions of said laws,then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth,and also will pay,in case suit is brought upon this bond, a reasonable 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 Wort( to be done or the materials to be furnished, or changes in the time of completion,which may be made pursuant to the terms of said Contract Documents,shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said Surety, and notice of said alterations or extensions of723rd greement is hereby aived by said Surety, SIGNED AND SEALED, t day August 2013 Contractor STL a In Surety /The Gray surance any By BY LZ-,a== /C��k2,-.e Title Dan Patterson Corporate Secretary Title Ryan S. Mantle, Attorney--In-Fact (SEAL.AND NOTARIAL ACKNOW&0GMENT OF SURETY) -- Forua 2 ftnn PHYN4ENY BOND N6,1164�lomtl.wpa AGREEMENT AND BONDS -PAGE 5 NOv�M11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On U "2710 1-3- before me, Ivry Martignoni — Notary Public Date Here Insert Name and Title of the Officer personally appeared Ryan S. Mantle Namels)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that _ MARY MgRTI he/she/they executed the same in his/her/their authorized ._ CO' GNONI capacity(ies), and that by his/her/their signature(s) on the z 1: NOTARYCO'4M- # 1947853 instrument the person(s), or the entity upon behalf of Ut3LIC-CALIFORNIA_;t which the person(s) acted, executed the instrument. ORANGE COUNTY o MY Cmm,Expires Sept.9,2015 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatu 1 Place Notary Seal Above Signa Notary Pudic OPTIONAL re Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Ryan S. Nantle Signer's Name: _ ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): D Corporate Officer—Title(s): ❑ Partner—❑ Limited C General _ _ ❑Partner——_Limited El GeneralMA X Attorney in Fact • ❑Attorney in Fact - • Top of thumb here -� Top of thumb here ❑ Trustee L.Trustee D Guardian or Conservator ❑Guardian or Conservator D Other: C'Other: Signer Is Representing: Signer Is Representing: The Gray Insurance Company ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA`91313-2402•w .NationalNctary.org Item#5907 Reorder.Call Toll-Free 1800-876-6827 51 ,THE GRAY INSURANCE COMPANY THE GRAY CASUALTY&SURETY COMPANY .i > GENERAL POWER OF ATTORNEY ` I KNOW ALL BY THESE PRESENTS,THAT The Gray Insurance Company and The Lira- Casualty& Surety Company. .apoiations duly organized and existing under the laws of Louisiana,and having their principal offices in Metairie. Louisiana,do ierehy make,constit itr.and.Ippoiut Les M.Mantle and Ryan S.Mantle of Fullerton,California jointly or severally on behalf of each ofthe Companies narncd above it,,true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and a,its decd,bonds,or oth::r writing:;cbligaton in the n:uure of a bond,as surety,contracts of suretyship as are or may be required or permitted by lav, regulation,contract or otherwise, )rm,ided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of$10,000,000. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adoptee by the Bo.rrds of Directors of both The Gray Insurance Company and The Gray Casualty&Surety Company at meetings duly called and held,on the 20 day of June. 2003. "RESOLVED,that the President,Executive Vice President,any Vice President,or the Secretary be and each or cm of their hereby ii authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Compan.v bonds, undertakings,and all contracts of surety,and that each or any of them is hereby authorized to attest to the execution ot'such Power of 1ttorncy. and to attach the seal of the Company,and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal,hall be binding upon the Company now and in the future when so affixed with regard to any bond. undertaking or contract of sure,y to which i;is attached. IN WITNESS WHEREOF,The Gray Insurance Company and The Gray Casualty&Surety Company have caused their oftic:al seals to be hercinto affixed,and these presents to be signed by their authorized officers this 12`"day of September,2011. " 5%)R q/, By: / Attest: ,T Y 8 g Q7 SP <? •�., I ;t SEAL j; Michael T.Gray Nvlark S. Mangano SEAL o)% —— �Y� President,The Gray Insurance Company Secretary, ` ••. "`f and The Gray Insurance Company, y�'w".f«•-" Vice President, The Gray Casualty& Surety Company The Gray Casualty&Surety Company State of Louisiana ss: p Parish of Jefferson On this 12`h day of September,2011,before me,a Notary Public,personally appeared Michael T. Gray,President of The Gray Insurance Company i= and Vice President of The Gray Casualty&Surety Company,and Mark S.Manguno,Secretary of The Gray Insurance Company and The Gray ' Casualty&Surety Company,personally known to me,being duly sworn,acknowledged that they signed the above Power of Attorney and affixed ?"x the seals of the companies as officers of,and acknowledged said instrument to be the voluntary act and deed,of their companies. _,fr.•ro.�r ,•gip':' =* }*= Lisa S.Millar,Notary Public,ParisL of Orleans 4. State of Louisiana My Commission is for Life '•o„�u 1,Mark S, Manguno,SeLcOre„otoa rY of The Gray Insurance Company and The Gray Casualty&Surety Company,do hereby certify that the above and o forgoing is a true and correct copy of a Power of Attorney given by the companies,which is still in full force and effect. 1N WITNESS WHEREOF,1 have set my hand and affixed the seals of the Companies this 2�3r�d/1Q day of August, 2013 aSU R».NC ..B"SGA y.• y ..•• .. ;F 5.. zl to �s of SEAL )� .t If SEAL Mark S.Manguno,Secretary a yy. — The Gray Insurance Company "•*»• ' ••.*.• ' The Gray Casualty&Surety Company t t, 47" 8/20/2013 D17 City of San Juaa Capistrano Supplementnda Report TO: Karen P. Brust, City N)X'n FROM: Keith Van Der Maaten, PPPublic qrks,and ' iti s Director Prepared by: Stephen Liao, Engineer ��, - DATE: August 20, 2013 SUBJECT: Consideration to Approve a Construction Contract for the Homeowners Associations (HOAs) and City Parks Recycled Water Conversion Component of the Citywide Recycled Water Project (CIP 13601) (STL Landscape, Inc.) RECOMMENDATION: By motion, approve a Construction Contract with STL Landscape, Inc. in the amount of $84,000. SITUATION: At the time of the posting of the August 20, 2013, City Council Agenda, the Utilities Commission had not taken action on a recommendation to the City Council. At its August 20, 2013, meeting the Utilities Commission took action to recommend that the City Council approve a Construction Contract with STL Landscape, Inc. in the amount of $84,000. 8/20/2013 W Ito D17 City of San Juan apistrano Agen "3ort TO: Karen P. Brust, City M na FROM: Keith Van Der Maaten, P. , Public Works and Utilities Directo Prepared by: Stephen Liao, Engineer 6 DATE. August 20, 2013 SUBJECT: Consideration to Approve a Construction Contract for the Homeowners Associations (HOAs) and City Parks Recycled Water Conversion Component of the Citywide Recycled Water Project (CIP 13601) (STL Landscape, Inc.) RECOMMENDATION: By motion, approve a Construction Contract with STL Landscape, Inc. in the amount of $84,000. EXECUTIVE SUMMARY: Capital Improvement Project (CIP) 13601 includes converting landscaped areas throughout the City which are currently supplied by the potable water system to non- domestic/recycled water. This project is funded entirely through Proposition 50 Grant funds and includes installing recycled water meters and recycled water service connections to the recycled water main and signage adjacent to the Homeowners Associations (HOAs) and City parks per the rules and regulations for the use of recycled water. The plans and specifications have been completed by Dudek and were approved for bid by City Council on June 18, 2013. On July 23, 2013, the City received bids for construction and has tabulated the results below. CONTRACTOR BID AMOUNT Habitat Restoration Services, Inc. $ 85,728.75 STL Landscape, Inc. $ 84,000.00 TE Roberts, Inc. $129,585.00 Staff has reviewed the bids in accordance with applicable Municipal Code sections and found all the bids to be responsive to the City's needs. Staff recommends the approval of a Construction Contract with STL Landscape, Inc., in the amount of $84,000. City Council Agenda Report August 20, 2013 Paste 2 of 3 DISCUSSION/ANALYSIS: The City's Non-Domestic/Recycled Water Master Plan from 2006 identified potential customers to be converted to non-domestic/recycled water. As per the California State Law (California Water Code), whenever non-domestic/recycled water is made available for a landscape account, the landscape customer is required to convert to the use of non-domestic/recycled water. Through the implementation of the Proposition 50 grant funded projects, the City is now able to provide non-domestic/recycled water and convert selected HOAs and city parks landscape accounts. City staff has been meeting with the HOAs and city parks staff in Public Works and Community Services to share information with them on the project and the process, answer questions, address concerns, and to coordinate work. The City's sources of non-domestic water are the Mission Street Well, the Hollywood Well, and the Rosenbaum Well. The sources of recycled water are an existing connection with the Moulton Niguel Water District and a new connection with the Santa Margarita Water District (SMWD) that will be completed before December 31, 2013. FISCAL IMPACT: The Construction Contract with STL Landscape, Inc. for the recycled water conversions at HOAs and City parks is $84,000. CIP 13601 has a budget of$1,238,696. Total Project Budget $1,238,696 Consultant Agreement (Dudek) $ 422,260 Package 1 - Marbella Contractor (STL Landscape) $ 538,000 Package 2 - HOA and Parks Contractor STL Landscape) $ 84,000 Remaining Balance $ 194,436 No additional budget appropriations are necessary at this time. ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: • On April 23, 2013, the City Council approved a Personal Services Agreement with Dudek for preparation of plans and specifications for the Recycled Water Conversion Projects (CIP 13601). • On June 18, 2013, the City Council approved plans and specifications prepared by Dudek and authorized to receive bids. City Council Agenda Report August 20, 2013 Page 3 of 3 COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: • On June 18, 2013, the Utilities Commission recommended that City Council approve plans and specifications prepared by Dudek and authorized staff to receive bids. • On August 6, 2013, the Utilities Commission reviewed this item and recommended the City Council approve a Construction Contract with STL Landscape, Inc. in the amount of $84,000. NOTIFICATION: Habitat Restoration Services, Inc. STL Landscape, Inc. TE Roberts, Inc. ATTACHMENT(S): Attachment 1 — Construction Contract CONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this 71;h day of August, 2013, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and STL Landscape, Inc., hereinafter referred to as "Contractor." City and Contractor mutually agree as follows: Section 1. General Conditions. Contractor certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon Contractor's investigation of all such matters and is in no way relying upon any opinions or representations of City. It is agreed that this Contract represents the entire agreement between the parties. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, and Contractor's Proposal are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that Contractor and its subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract. "Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to City's Engineer, without whose decision Contractor shall not adjust said discrepancy save only at Contractor's own risk and expense. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-1 ATTACHMENT 1 (26 PAGES) Section 2. Materials and Labor. Contractor shall furnish, under the conditions expressed in the Plans and Specifications, at Contractor's own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the City, to construct and complete the Project, in good workmanlike and substantial order. If Contractor fails to pay for labor or materials when due, City may settle such claims by making demand upon the surety to this Contract. In the event of the failure or refusal of the surety to satisfy said claims, City may settle them directly and deduct the amount of payments from the Contract price and any amounts due to Contractor. In the event City receives a stop notice from any laborer or material supplier alleging non-payment by Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. Section 3. Description of Proiect. The Project is described as: HOA and City Parks Recycled Water Conversions as delineated in the Plans and Specifications prepared by Dudek, dated June 21, 2013. Work to include: the construction of irrigation system modification for recycled water conversion, and all appurtenant work. Section 4. Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: CITY OF SAN JUAN CAPISTRANO RECYCLED WATER CONVERSION BID PACKAGE No. 2 (HOA and City Parks). CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-2 Said Plans and Specifications and any revisions, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. Section 5. Time of Commencement and Completion. Contractor agrees to commence the Project within ten (10) calendar days from the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to completion within thirty (30) calendar days from the date of the "Notice to Proceed" issued by the City excluding delays caused or authorized by the City as set forth in Sections 7, 8 and 9 hereof. Section 6. Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, Contractor shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of Contractor's work in conformance with an approved construction progress schedule. Contractor shall coordinate the work covered by this Contract with that of all other Contractors, subcontractors and of the City, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5 herein. City shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of Contractor on the premises. Section 7. Excusable Delays. Contractor shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather which exceeds the number of calendar days estimated by the City and set forth in Section 5 hereof; damages caused CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-3 by fire or other casualty for which Contractor is not responsible; any act, neglect or default of City; failure of City to make timely payments to Contractor; late delivery of materials required by this Contract to be furnished by City; combined action of the workers in no way caused by or resulting from default or collusion on the part of Contractor; a lockout by City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable control. City shall extend the time fixed in Section 5 for completion of the Project by the number of days Contractor has thus been delayed, provided that Contractor presents a written request to City for such time extension within fifteen (15) days of the commencement of such delay and City finds that the delay is justified. City's decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by Contractor. No claims by Contractor for additional compensation or damages for delays will be allowed unless Contractor satisfies City that such delays were unavoidable and not the result of any action or inaction of Contractor and that Contractor took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with Section C- 9(f) of the General Provisions. The City's decision will be conclusive on all parties to this Contract. Section 8. Extra Work. The Contract price includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by a designated representative of City specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof. City shall extend the time fixed in Section 5 for completion of the Project by the number of days reasonably required for Contractor to perform the extra work, as determined by City's Engineer. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-4 Section 9. Changes in Proiect. A. City may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes: 1) in the Specifications (including drawings and designs); 2) in the time, method or manner of performance of the work; 3) in the City-furnished facilities, equipment, materials, services or site; or 4) directing acceleration in the performance of the work. B. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the City which causes any change, provided Contractor gives the City written notice stating the date, circumstances and source of the order and that Contractor regards the order as a change order. C. Except as provided in this Section 9, no order, statement or conduct of the City or its representatives shall be treated as a change under this Section 9 or entitle Contractor to an equitable adjustment. D. If any change under this Section 9 causes an increase or decrease in Contractor's actual, direct cost or the time required to perform any part of the work under this Contract, whether or not changed by any order, the City shall make an equitable adjustment and modify the Contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (B) above shall be allowed for any costs incurred more than twenty (20) days before the Contractor gives written notice as required in paragraph (B). In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased direct cost Contractor reasonably incurred in attempting to comply with those defective specifications. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-5 E. If Contractor intends to assert a claim for an equitable adjustment under this Section 9, it must, within thirty (30) days after receipt of a written change order under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a written statement to the City setting forth the general nature and monetary extent of such claim. The City may extend the thirty (30) day period. Contractor may include the statement of claim in the notice under paragraph (B) of this Section 9. F. No claim by Contractor for an equitable adjustment shall be allowed if made after final payment under this Agreement. G. Contractor hereby agrees to make any and all changes, furnish the materials and perform the work that City may require without nullifying this Contract. Contractor shall adhere strictly to the Plans and Specifications, unless a change therefrom is authorized in writing by the City. Under no condition shall Contractor make any changes to the Project, either in additions or deductions, without the written order of the City and the City shall not pay for any extra charges made by Contractor that have not been agreed upon in advance in writing by the City. Contractor shall submit immediately to the City written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the City and the proper cost or credit breakdowns therefore shall be submitted without delay by Contractor to City. Section 10. Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5 plus the allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City will sustain damage, which would be extremely difficult and impracticable to ascertain. The parties therefore agree that Contractor will pay to City the sum of Five Hundred Dollars and No Cents ($500) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-6 Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. Section 11. Contract Price and Method of Payment. City agrees to pay and Contractor agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of eighty four thousand dollars and zero cents ($84,000) as itemized on the attached Exhibit "A," described as the Bid. Within thirty (30) days from the commencement of work, there shall be paid to the Contractor a sum equal to ninety percent (90%) of the value of the actual work completed plus a like percentage of the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of the City, since the commencement of the work as determined by the City. Thereafter, on a schedule issued by the City at the commencement of the job which shows a minimum of one payment made to the Contractor per month for each successive month as the work progresses and the request for payment due dates from the Contractor to meet the payment schedule, the Contractor shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety percent (90%) of the value of the work completed since the commencement of work as determined by the City, less all previous payments, provided that the Contractor submits the request for payment prior to the end of the day required to meet the payment schedule. The City will retain ten percent (10%) of the amount of each such progress estimate and material cost until the Final Payment. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City's Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-7 Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Section 12. Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be entitled to post approved securities with the City or an approved financial institution in order to have the City release funds retained by the City to insure performance of the Contract. Contractor shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution. Section 13. Completion. Within ten (10) days after the contract completion date of the Project, Contractor shall file with the City's Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. City may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier. Section 14. Contractor's Employees' Compensation. A. General Prevailing Rate: City has ascertained from the State of California Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of the same are on file in the Office of the Engineer of City. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-8 required by Labor Code Section 1774 of the State of California. C. Forfeiture For Violation: Contractor shall, as a penalty to the City, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Travel and Subsistence Pay: Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this Contract and Contractor shall comply therewith. E. Apprentices: Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this Contract and the Contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty Contractors not bidding for work through the general or prime Contractor are Two Thousand Dollars ($2,000.00) or more or five (5) working days or more. F. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seg.) CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-9 of the Labor Code of the State of California and shall forfeit to the City as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Project. G. Record of Wages, Inspection: Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Section 15. Surety Bonds. Contractor shall, before entering upon the performance of this Contract, furnish bonds approved by the City Counsel -- one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid to CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-10 guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the City. Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-11 whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty (30) days' written notice to City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of City by Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A-Class VII or better: Workers' Compensation In accordance with the Workers' Compensation Act of the State of California -- Minimum of $1,000,000 Public Liability, in the form of either Comprehensive General $2,000,000, per occurrence, or Liability or Commercial General alternatively, Liability written on a per-occurrence $2,000,000 aggregate, separate basis for this project. Automobile liability, including $2,000,000 per occurrence non-owned and hired vehicles City or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. Contractor shall pay the premiums on the insurance hereinabove required. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-12 Section 17. Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (Contractors' employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigation arising through the sole negligence or sole willful misconduct of City, and will make good to and reimburse City for any expenditures, including reasonable attorneys' fees City may incur by reason of such matters, and if requested by City, will defend any such suits at the sole cost and expense of Contractor. Section 18. Stop Notice Administration. City reserves the right to charge Contractor for City's actual administrative time (including attorney's time) to administer and process stop notices filed by Contractor's subcontractors, materialmen, or any other claimant or lienholder. Section 19. Termination. A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by the City for its convenience, provided that the Contractor is given (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO. 2(HOA AND CITY PARKS) B-13 C. If termination for default or convenience is effected by the City, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If termination for default is effected by the Contractor, the equitable adjustment shall include a reasonable profit for services or other work performed, but no adjustment will be allowed for anticipated profits. The equitable adjustment for any termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs (A) or (B) above, the Contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether completed or in process. E. Upon termination under paragraphs (A) or (B) above, the City may take over the work and may award another party an agreement to complete the work under this Contract. Contractor agrees to perform all work under this Contract in accordance with the City's designs, drawings and specifications. The Contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The City shall promptly give notice to the Contractor of observed defects. In the event that the Contractor fails to make adjustments, repairs, corrections CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-14 or other work made necessary by such defects, the City may do so and charge the Contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. The Contractor's obligations under this clause are in addition to the Contractor's other express or implied assurances under this Contract or state law and in no way diminish any other rights that the City may have against the Contractor for faulty materials, equipment or work. Section 20. Assignment. No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the City unless such assignment has had prior written approval and consent of the City and the surety. Section 21. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against the Contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the City as a party to said action, the City shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not. Section 22. Resolution of Disputes. The City and the Contractor shall comply with the revisions of California Public Contracts Code Section 20104, et seq., regarding resolution of construction claims for any claims which arise between the Contractor and the City. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-15 Section 23. Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Keith Van Der Maaten, P.E., Director of Public Works and Utilities To Contractor: Dan Patterson STL Landscape, Inc. 8122 Compton Ave Los Angeles, CA 90001 Signature Page to Follow CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-16 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. CITY OF SAN JUAN CAPISTRANO By: John Taylor, Mayor CONTf�ACTOF J. , By: ATTEST: By: Maria Morris, City Clerk APPRO AST FO Bv: Hans VaWttgten-,JZkAttorney E=xhibit: — Rist CiYY OF SAN JUAN CA�ISTRANC h ,:�- NA YF RE(-�'c. o�.vxIc� , �.. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. CITY OF SAN JUAN CAPISTRANO By: John Taylor, Mayor CONTRACTOR By: ATTEST: By: Maria Morris, City Clerk APPRO AST FO By: Hans VafrtIq orney Exhibit: A— Bid CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-17 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. CITY OF SAN JUAN CAPISTRANO By: John Taylor, Mayor CONTRACTOR By: ATTEST: By: Maria Morris, City Clerk APPROVED AS TO FORM: By: Hans Van Ligten, City Attorney CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-17 Bond No. 361 BID BOND KNOW ALL MEN BY THESE PRESENTS, That STL Landscape, Inc. as Principal,and The Gra_Insurance Company as Surety, are held and firmly bound unto the City of San Juan Capistrano,hereinafter called the"Owner"in the sum of (lOZ)************** TEN PERCENT OF THE A14OUNT OF THE 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 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: Recycled Water Conversion Bid Package No. 2 CIP NO. 13601 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,othervAse 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 22nd da f July 20 13 STL Landscap , Inc. (SEAT.) (SEAL AND NOTARIAL B ACKNOWLEDGMENT OF SURETY) Dan Patteso - Corp. Secretary The Gray Insurance Comp ( ur Y1 By: Les M. Mantle Attorney in Fact vo�Mw�o BID BOND(BID SECURITY FORM) .T2uatouone."po BID FORMS-PAGE 6 N-2001 : THE GRAY INSURANCE COMPANY THE GRAY CASUALTY&SURETY Cu,.&ANY 1 `7 7 C GENERAL POWER OF ATTORNEY .L ( C' o- KNOW ALL BY THESE PRESENTS,THAT The Gray Insurance Company and The Gray Casualty&Surety Company,corporations duly organized and existing under the laws of Louisiana,and having their principal offices in Metairie,Louisiana,do hereby make,constitute,and appoint Les M.Mantle and Ryan S.Mantle of Fullerton,California jointly or severally on behalf of each of the Companies named above its true and ' lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its deed,bonds,or other writings obligatory in the nature of a bond,as surety, contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of$10,000,000. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty&Surety Company at meetings duly called and held on the 26`h day of June, g: 2003. "RESOLVED,that the President,Executive Vice President,any Vice President,or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings,and all contracts of surety,and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney,and to attach the seal of the Company;and it is P Y� FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or r to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond,undertaking or contract of surety to which it is attached. i IN WITNESS WHEREOF,The Gray Insurance Company and The Gray Casualty&Surety Company have caused their official seals to be hereinto affixed,and these presents to be signed by their authorized officers this 12`h day of September,2011, a.'g Rqq By: /"� Attest: jT%��f�i�' eyJ►.`'.... `E �: •� b to : 10 J J % SEAL Mark S.Manguno "I: SEAL 1 � Michael T.Gray g President,The Gray Insurance Company Secretary, *yk rt and The Gray Insurance Company, �`` •*. '� Vice President, The Gray Casualty&Surety Company The Gray Casualty&Surety Company R State of Louisiana ss: Parish of Jefferson On this 12`h day of September,2011,before me,a Notary Public,personally appeared Michael T.Gray,President of The Gray Insurance Company l and Vice President of The Gray Casualty&Surety Company,and Mark S.Manguno,Secretary of The Gray Insurance Company and The Gray Casualty&Surety Company,personally known to me,being duly sworn,acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of,and acknowledged said instrument to be the voluntary act and deed,of their companies. r* j* Lisa S.Millar,Notary Public,Parish of Orleans State of Louisiana My Commission is for Life t. I,Mark S.Manguno, Secretary of The Gray Insurance Company and The Gray Casualty&Surety Company,do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 22nd day of July, 2013 `+fg U R A* J�MS Y 4 S SEAL Mark S.Manguno,Secretary odyf M1�.� ,z ,y� •_._ �? The Gray Insurance Company The Gray Casualty&Surety Company F'fs -a'�% lir �l ! (f!_k� =a`?; CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On L ` � �efore me, Mary Martignoni — Notary Public Date Here Insert Name and nue of the onicer personally appeared Les M. Mantle Naine(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the Awithin instrument and acknowledged to me that MARY MRTlGNON{ he/she/they executed the same in his/her/their authorized COMM. # 1947853 z capaci ysignature(s) les and that b his/her/their on the NOTARY PUBLIC-CALIFORNIA Z " instrument the person(s), or the entity upon behalf of ORANGE COUNTY My Comm.Expires Sept,9,2015 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. WITNESS my hand and official seal. Place Notary Seal Above Signatur Signature Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: — Document Date: _______ ___ Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Les M. Mantle Signers Name: ❑ Individual ❑Individual ❑ Corporate Officer—Title(s): O Corporate Officer—Title(s): O Partner—❑ Limited ❑General _ LD Partner—❑Limited C General X) Attorney in Fact • O Attorney in Fact ❑ Trustee Topof thumb here Top or thumb here O Trustee O Guardian or Conservator ❑Guardian or Conservator Other: D Other: Signer Is Representing: Signer Is Representing: The Gr4y Insurance Company 02007 National Notary Asso..60m 9350 De Soto A—,PO box 2402•chatsworlh,GA 91313-2402- NationatN0tary-or9 Item Y590i Reorder.Call Toll-ree l-800-876682' ACKNOWLEDGMENT State of California County of Los Angeles) ss. On July 22, 2013 before me, Ivonne Loera-Khatib, Notary Public, personally appeared Dan Patterson, who proved to me on the basis of satisfactory evidence to be the person,W whose nameks) is/a;&subscribed to the within instrument and acknowledged rto me that he/sheAbey executed the same in his/he4tkeir authorized capacity(-ies}-and that by his/badtheir signatures(&) on the instrument the persons);or the entity upon behalf of which the person4s)-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. WITNESS my hand and official seal. ,a J�Cftw!!Blon 020 O Nowy Public-California Loa AnpaMa County IN 11-Hut Signature OPTIONAL INFORMATION Date of Document Thumbprint of Signer Type or Title of Document b',6�h�� Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) E] Check here if Capacity of Signer: no thumbprint Trustee or fingerprint Power of Attorney is available. CEO/CFO/COO -- P Secretary I-Tceasuref: Other: Other Information: BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: S%L IA-X.. P/ 2 Z 2. CONTRACTOR'S Telephone Number: (7j"Z�) I -�� '� Facsimile Number: V1 S E-mail address � c , c 6M 3. CONTRACTOR'S License: Primary Classification �l State License Number(s) Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety L�5 "-) Address �Zo el-le CW-77Z,,-) Sf'- 9 2- 'L'3,S7- 7-1 ,S Surety Company Agent t � Telephone Numbers: Agent( /c� ) Z 7? Z SQety(Wo) 5. Type of Firm (Individual, Partnership or Corporation): Cc�� 6. Corporation organized under the laws of the State of: C �- 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: tin - S�2 C, .; L�,�'f- �- �'i Z Z Cc�� i'�.,,J h✓f* �D, *�'j� �. o��,:; � FORM U-420 BIDDER'S GENERAL INFORMATION x13U-420info.wpd BID FORMS -PAGE 7 Nov 2D01 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--'/ ��// O!'— //�v"��-��Address �'t�/Z .�d1 �% si Lk � fz��+��V- Contact k'1/2AL Class of work s7 Phone(2Y9 71q -251-47Z Contract amount J ? yo !- Project(!) Date completed /Z 4e 2. Owner <fi>z-i 4,4 Address /9`cw Contact Class of work A Phone( ��) �� 7 "- ��` Contract amount Z S�- s Project(_) Date completed ?J1 3 3. Owner Address h),,,Jr !`/,L Contact `J f'!kt-✓�Q�' ��Class of work A - ��4' cc ✓�� S z Phone(71,1) �1�Z� Z`f ( Contract amount l Z-S_ l� Project(_) Date completed '7// Z 10. List the name and title of the person who will supervise full-time the` �pJroposed work for your firm: 7�� i c> �—z: �� 1 C. 11. Is full-time supervisor an employee t_ 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. FORM U-420 BIDDER'S GENERAL INFORMATION x13U-420jnfo.wpd BID FORMS-PAGE 8 Nov 2001 ry BID This is EXHIBIT A, consisting of one page, referred to in made and a part of the ,AGREEMENT between the OWNER and the "CONTRACTOR BID TO: CITY OF SAN JUAN CAPISTRANO The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with the City in the form included in the Contract Documents (as defied in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: Recycled Water Conversion Bid Package No. 2 C.I.P. No. 13601 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): N4mber 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: 1 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 undar 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 th forementioned Bidding Schedule(s). Dated: --7 /Z Bidder: Si L L ✓�sCA By: Dpi.� °<t7rtSe,ti (Si nature) Title: S� c: Tlu� r FORM U-300 X08U-300btd.wpd BID(PROPOSAL) bid Nov 2001 BID FORMS -PAGE 1 Bond No. 361 BID BOND KNOW ALL MEN BY THESE PRESENTS, That STL Landscape, Inc. as Principal, and The Grap Insurance Company as Surety, are held and firmly bound unto the City of San Juan Capistrano,hereinafter called the "Owner"in the sum of (102)************** TEN PERCENT OF THE AMOUNT OF THE 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 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, Recycled Water Conversion Bid Package No. 2 CIP NO. 13601 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 shalt 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 22nd da f July 20 13 STL Landscap , Inc. (SEAL) (SEAL.AND NOTARIAL B ACKNOWLEDGMENT OF SURETY) Dan Patte so - Corp. Secretary The Gray Insurance Comp By: Les M. Mantle—Attorney in Fact FORM VA 10 BID BOND(BID SECURITY FORM) .1zua10bWd"(1 BID FORMS-PAGE 6 N 1001 This is Page 1 of Exhibit B consisting of 3 pages,referred to in and made a part of the AGREEMENT between the OWNER and the CONTRACTOR. BID SCHEDULE CIP NO. 13601 Recycled Water Conversion Bid Package No. 2 (Schedule A) UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1. Mobilization and Demobilization. LS 1 `� 1)��' f " 2. City of San Juan Capistrano Public Works Encroachment 3 J 3 v .� Permit&Business License. LS 1 3. Coordination and conducting final cross connection test with U( �, y (gip C. L City,Engineer and OCHCA. LS 1 4. Coordinate and conduct site inspection to identify and eliminate any irrigation overspray _ onto benches,sidewalks,storm drains and eliminate misting of sprinklers spray.Furnish all labor, materials and equipment to eliminate overspray and misting. LS 1 5. Furnish all labor,materials and equipment to excavate and remove a portion of the 4-inch PVC pipeline with applicable appurtenances,complete and operational. LS 1 6. Furnish all labor,materials and equipment to excavate and remove a portion of the 8-inch PVC pipeline with applicable > appurtenances,complete and operational. LF 4 7, Furnish all labor,materials and equipment for providing caps on the 8-inch PVC,and ( U Z� o d appurtenances,complete and operational. EA 2 FORM U-302 UNIT PRICE UNIT PRICE BID SCHEDULE Nov 2001 unit.wpd BID FORMS-PAGE 1 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 8. Furnish all labor,materials and equipment in order to disconnect and remove 2-inch RPPD. Provide applicable appurtenances in order to complete and keep system operational after removal. EA 2 9. Furnish all labor,materials and equipment for installing recycled water identification labeling (stickers)inside and outside of t 7 2> field controllers. EA 35 10. Furnish all labor,materials and _ equipment for the installation of (� , `> recycled water signs. EA 35 11. Furnish all labor,materials and equipment for installing recycled water tags into meter boxes,main line gate valves,lateral line gate valves,and quick couplers. EA 725 2_ Furnish all labor,materials and equipment for installation of valve box nameplates on top of all recycled water"greed'main v { line gate valve boxes,lateral line gate valve boxes,and quick couplers boxes. EA 725 13. Furnish all labor,materials and _ equipment for installingotp able water tags into meter boxes and RPPD's. EA 10 14. Furnish all labor,materials and equipment for installing non- potable water tags into meter 3 n� boxes,main line gate valves, lateral line gate valves,RPPD's and quick couplers. EA 25 15. Furnish all labor,materials and equipment for stamping(i.e. hot branding)all non-potable water main line gate valve boxes,lateral line gate valve boxes,and quick couplers boxes. EA 20 TOTAL BID PRICE (Schedule A) :$ 616 Dollar amount in written form FORM U-302 UNIT PRICE UNIT PRICE BID SCHEDULE X091.1-302unit.wpd Nov 2001 BID FORMS-PAGE 2 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100,et seq.,of the Public Contract Code,the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the 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. Contractor's License Work to be Performed Number Subcontractor's Name&Address 1 /J L 2 3 4 5 6 7 8 FORM U-430 LIST OF SUBCONTRACTORS Aos0000,ubs.wpd BID FORMS - PAGE 4 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of Gy 5 I, r.�/ , being first duly sworn, deposes and says that he or she is 5'15-C12 '�7 of S-7-Z- ���SC�f f �^-� 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 STt_ By DH--,J Title 5— /L'7-: r-m-7 Organization S TZ A ti d Sc- R P�, �•� Address S/Z L 05 S- FORM U-480 NON-COLLUSION AFFIDAVIT 11 ol.wpd Aug 2001BID FORMS-PAGE 5 Bid Opening Report Bids opened: July 23, 2013 at 2:00 p.m. Project Title: Recycled Water Conversion Bid Package No.2 C.I.P. 13601 Project Engineer: Eric Bauman, Utilities Engineer. Pre-Bid Estimate $89,500.00 Bidder: Bid Amount Bid Bond/Addenda? iF 1. STL Landscape, Inc. 2. Habitat Restoration Sciences, Inc. 3. TE Roberts, Inc. 4. / 5. I 6. / ?. / 8. _ I Signed: s #`—f Dated: cc: City Clerk Staff (3) Project Department (3) City Manager (1) The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. CONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this 7m day of August, 2013, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and STL Landscape, Inc., hereinafter referred to as "Contractor." City and Contractor mutually agree as follows: Section 1. General Conditions. Contractor certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon Contractor's investigation of all such matters and is in no way relying upon any opinions or representations of City. It is agreed that this Contract represents the entire agreement between the parties. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, and Contractor's Proposal are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that Contractor and its subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract. "Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to City's Engineer, without whose decision Contractor shall not adjust said discrepancy save only at Contractor's own risk and expense. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-1 ATTACHMENT 1 (26 PAGES) Section 2. Materials and Labor. Contractor shall furnish, under the conditions expressed in the Plans and Specifications, at Contractor's own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the City, to construct and complete the Project, in good workmanlike and substantial order. If Contractor fails to pay for labor or materials when due, City may settle such claims by making demand upon the surety to this Contract. In the event of the failure or refusal of the surety to satisfy said claims, City may settle them directly and deduct the amount of payments from the Contract price and any amounts due to Contractor. In the event City receives a stop notice from any laborer or material supplier alleging non-payment by Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. Section 3. Description of Project. The Project is described as: HOA and City Parks Recycled Water Conversions as delineated in the Plans and Specifications prepared by Dudek, dated June 21, 2013. Work to include: the construction of irrigation system modification for recycled water conversion, and all appurtenant work. Section 4. Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: CITY OF SAN JUAN CAPISTRANO RECYCLED WATER CONVERSION BID PACKAGE No. 2 (HOA and City Parks)_ CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-2 Said Plans and Specifications and any revisions, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. Section 5. Time of Commencement and Completion. Contractor agrees to commence the Project within ten (10) calendar days from the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to completion within thirty (30) calendar days from the date of the "Notice to Proceed" issued by the City excluding delays caused or authorized by the City as set forth in Sections 7, 8 and 9 hereof. Section 6. Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, Contractor shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of Contractor's work in conformance with an approved construction progress schedule. Contractor shall coordinate the work covered by this Contract with that of all other Contractors, subcontractors and of the City, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5 herein. City shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of Contractor on the premises. Section 7. Excusable Delays. Contractor shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather which exceeds the number of calendar days estimated by the City and set forth in Section 5 hereof; damages caused CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-3 by fire or other casualty for which Contractor is not responsible; any act, neglect or default of City; failure of City to make timely payments to Contractor; late delivery of materials required by this Contract to be furnished by City; combined action of the workers in no way caused by or resulting from default or collusion on the part of Contractor; a lockout by City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable control. City shall extend the time fixed in Section 5 for completion of the Project by the number of days Contractor has thus been delayed, provided that Contractor presents a written request to City for such time extension within fifteen (15) days of the commencement of such delay and City finds that the delay is justified. City's decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by Contractor. No claims by Contractor for additional compensation or damages for delays will be allowed unless Contractor satisfies City that such delays were unavoidable and not the result of any action or inaction of Contractor and that Contractor took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with Section C- 9(f) of the General Provisions. The City's decision will be conclusive on all parties to this Contract. Section 8. Extra Work. The Contract price includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by a designated representative of City specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof. City shall extend the time fixed in Section 5 for completion of the Project by the number of days reasonably required for Contractor to perform the extra work, as determined by City's Engineer. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-4 Section 9. Changes in Proiect. A. City may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes: 1) in the Specifications (including drawings and designs); 2) in the time, method or manner of performance of the work; 3) in the City-furnished facilities, equipment, materials, services or site; or 4) directing acceleration in the performance of the work. B. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the City which causes any change, provided Contractor gives the City written notice stating the date, circumstances and source of the order and that Contractor regards the order as a change order. C. Except as provided in this Section 9, no order, statement or conduct of the City or its representatives shall be treated as a change under this Section 9 or entitle Contractor to an equitable adjustment. D. If any change under this Section 9 causes an increase or decrease in Contractor's actual, direct cost or the time required to perform any part of the work under this Contract, whether or not changed by any order, the City shall make an equitable adjustment and modify the Contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (B) above shall be allowed for any costs incurred more than twenty (20) days before the Contractor gives written notice as required in paragraph (B). In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased direct cost Contractor reasonably incurred in attempting to comply with those defective specifications. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-5 E. If Contractor intends to assert a claim for an equitable adjustment under this Section 9, it must, within thirty (30) days after receipt of a written change order under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a written statement to the City setting forth the general nature and monetary extent of such claim. The City may extend the thirty (30) day period. Contractor may include the statement of claim in the notice under paragraph (B) of this Section 9. F. No claim by Contractor for an equitable adjustment shall be allowed if made after final payment under this Agreement. G. Contractor hereby agrees to make any and all changes, furnish the materials and perform the work that City may require without nullifying this Contract. Contractor shall adhere strictly to the Plans and Specifications, unless a change therefrom is authorized in writing by the City. Under no condition shall Contractor make any changes to the Project, either in additions or deductions, without the written order of the City and the City shall not pay for any extra charges made by Contractor that have not been agreed upon in advance in writing by the City. Contractor shall submit immediately to the City written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the City and the proper cost or credit breakdowns therefore shall be submitted without delay by Contractor to City. Section 10. Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5 plus the allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City will sustain damage, which would be extremely difficult and impracticable to ascertain. The parties therefore agree that Contractor will pay to City the sum of Five Hundred Dollars and No Cents ($500) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-6 Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. Section 11. Contract Price and Method of Payment. City agrees to pay and Contractor agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of eighty four thousand dollars and zero cents ($84,000) as itemized on the attached Exhibit "A," described as the Bid. Within thirty (30) days from the commencement of work, there shall be paid to the Contractor a sum equal to ninety percent (90%) of the value of the actual work completed plus a like percentage of the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of the City, since the commencement of the work as determined by the City. Thereafter, on a schedule issued by the City at the commencement of the job which shows a minimum of one payment made to the Contractor per month for each successive month as the work progresses and the request for payment due dates from the Contractor to meet the payment schedule, the Contractor shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety percent (90%) of the value of the work completed since the commencement of work as determined by the City, less all previous payments, provided that the Contractor submits the request for payment prior to the end of the day required to meet the payment schedule. The City will retain ten percent (10%) of the amount of each such progress estimate and material cost until the Final Payment. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City's Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-7 Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Section 12. Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be entitled to post approved securities with the City or an approved financial institution in order to have the City release funds retained by the City to insure performance of the Contract. Contractor shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution. Section 13. Completion. Within ten (10) days after the contract completion date of the Project, Contractor shall file with the City's Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. City may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier. Section 14. Contractor's Employees' Compensation. A. General Prevailing Rate: City has ascertained from the State of California Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of the same are on file in the Office of the Engineer of City. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-8 required by Labor Code Section 1774 of the State of California. C. Forfeiture For Violation: Contractor shall, as a penalty to the City, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Travel and Subsistence Pay: Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this Contract and Contractor shall comply therewith. E. Apprentices: Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this Contract and the Contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty Contractors not bidding for work through the general or prime Contractor are Two Thousand Dollars ($2,000.00) or more or five (5) working days or more. F. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seg.) CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-9 of the Labor Code of the State of California and shall forfeit to the City as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Project. G. Record of Wastes; Inspection: Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Section 15. Surety Bonds. Contractor shall, before entering upon the performance of this Contract, furnish bonds approved by the City Counsel -- one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid to CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-10 guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the City. Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO. 2(HOA AND CITY PARKS) B-11 whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty (30) days' written notice to City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of City by Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A-Class VII or better: Workers' Compensation In accordance with the Workers' Compensation Act of the State of California -- Minimum of $1,000,000 Public Liability, in the form of either Comprehensive General $2,000,000, per occurrence, or Liability or Commercial General alternatively, Liability written on a per-occurrence $2,000,000 aggregate, separate basis for this project. Automobile liability, including $2,000,000 per occurrence non-owned and hired vehicles City or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. Contractor shall pay the premiums on the insurance hereinabove required. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-12 Section 17. Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (Contractors' employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigation arising through the sole negligence or sole willful misconduct of City, and will make good to and reimburse City for any expenditures, including reasonable attorneys' fees City may incur by reason of such matters, and if requested by City, will defend any such suits at the sole cost and expense of Contractor. Section 18. Stop Notice Administration. City reserves the right to charge Contractor for City's actual administrative time (including attorney's time) to administer and process stop notices filed by Contractor's subcontractors, materialmen, or any other claimant or lienholder. Section 19. Termination. A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by the City for its convenience, provided that the Contractor is given (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-13 C. If termination for default or convenience is effected by the City, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If termination for default is effected by the Contractor, the equitable adjustment shall include a reasonable profit for services or other work performed, but no adjustment will be allowed for anticipated profits. The equitable adjustment for any termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs (A) or (B) above, the Contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether completed or in process. E. Upon termination under paragraphs (A) or (B) above, the City may take over the work and may award another party an agreement to complete the work under this Contract. Contractor agrees to perform all work under this Contract in accordance with the City's designs, drawings and specifications. The Contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The City shall promptly give notice to the Contractor of observed defects. In the event that the Contractor fails to make adjustments, repairs, corrections CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-14 or other work made necessary by such defects, the City may do so and charge the Contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. The Contractor's obligations under this clause are in addition to the Contractor's other express or implied assurances under this Contract or state law and in no way diminish any other rights that the City may have against the Contractor for faulty materials, equipment or work. Section 20. Assignment. No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the City unless such assignment has had prior written approval and consent of the City and the surety. Section 21. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against the Contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the City as a party to said action, the City shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not. Section 22. Resolution of Disputes. The City and the Contractor shall comply with the revisions of California Public Contracts Code Section 20104, et seg., regarding resolution of construction claims for any claims which arise between the Contractor and the City. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO. 2(HOA AND CITY PARKS) B-15 Section 23. Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Keith Van Der Maaten, P.E., Director of Public Works and Utilities To Contractor: Dan Patterson STL Landscape, Inc. 8122 Compton Ave Los Angeles, CA 90001 Signature Page to Follow CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-16 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. CITY OF SAN JUAN CAPISTRANO By: John Taylor, Mayor CONTRACTOR By: ATTEST: By: Maria Morris, City Clerk APPROVED AS TO FORM: By: Hans Van Ligten, City Attorney CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-17 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. CITY OF SAN JUAN CAPISTRANO By: John Taylor, Mayor CONTPACTOR' By: ATTEST: By: Maria Morris, City Clerk APPRO AS T FO By: ___-- 4e Hans Va a Attorney Exhibit: A- Bid Mi -�,►� w0- IoT U �,qrX ftD Vmjoy- CITY OF SAN JUAN CAPISTRANO AGREEMEN1 PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NC 2(HOA AND CITY PARKS) B-17 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. CITY OF SAN JUAN CAPISTRANO By: John Taylor, Mayor CONTRACTOR By: ATTEST: By: Maria Morris, City Clerk APPROV D AS O FO By: Hans Van Li en, City A o Exhibit: A— Bid CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-17 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. CITY OF SAN JUAN CAPISTRANO By: John Taylor, Mayor CONTRACTOR By: ATTEST: By: Maria Morris, City Clerk APPROV D AS O FO By:_Q Hans Van Li en, City A o Exhibit: A— Bid CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.2(HOA AND CITY PARKS) B-17 Bond No. 361 BID BOND KNOW ALL MEN BY THESE PRESENTS, That STL Landscape, Inc. as Principal, and The Gray Insurance Company as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called the "Owner"in the sum of (l0I)************** TEN PERCENT OF THE AMOUNT OF THE 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 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-. Recycled Water Conversion Bid Package No. 2 CIP NO. 13601 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 22nd daf July 20 13 STL Landscap �Inc . (SEAL) (SEAL AND NOTARIAL B ; ACKNOWLEDGMENT OF SURETY) Dan Patte so — Corp, Secretary The Gray Insurance Comp By: Les M. Mantle—Attorney in Fact FORM V-410 BID BOND(BID SECIJRITY FORM) .12Va10Dona.wpn BID FORMS - PAGE 6 Nov pool THE GRAY INSURANCE COMPANY GG THE GRAY CASUALTY&SURETY C—iPANY 17 7 3 C` GENERAL POWER OF ATTORNEY E" KNOW ALL BY THESE PRESENTS,THAT The Gray Insurance Company and The Gray Casualty& Surety Company,corporations duly organized and existing under the laws of Louisiana,and having their principal offices in Metairie,Louisiana,do hereby make,constitute,and appoint !' Les M.Mantle and Ryan S.Mantle of Fullerton,California jointly or severally on behalf of each of the Companies named above its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its deed,bonds,or other writings obligatory in the nature :E of a bond,as surety, contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of$10,000,000. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of 7 Directors of both The Gray Insurance Company and The Gray Casualty&Surety Company at meetings duly called and held on the 26h day of June, 2003. c; "RESOLVED,that the President,Executive Vice President,any Vice President,or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, g undertakings, and all contracts of surety,and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney,and 1 to attach the seal of the Company;and it is �i FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond,undertaking or contract of surety to which it is attached. tIN WITNESS WHEREOF,The Gray Insurance Company and The Gray Casualty&Surety Company have caused their official seals to be hereinto 3 affixed,and these presents to be signed by their authorized officers this I2a'day of September,2011. 4 � l gU..... By: Attest: Y"8 \*. • .q a f �.� C, 6f' �.� •yam , S EAL f; Michael T. Gray Mark S.Manguno o� SEAL :2 President,The Gray Insurance Company Secretary, `. .••••F and The Gray Insurance Company, * Vice President, The Gray Casualty&Surety Company The Gray Casualty&Surety Company f State of Louisiana ss: Parish of Jefferson f On this 12`h day of September,2011,before me,a Notary Public,personally appeared Michael T. Gray,President of The Gray Insurance Company { and Vice President of The Gray Casualty& Surety Company,and Mark S.Manguno,Secretary of The Gray Insurance Company and The Gray f Casualty&Surety Company,personally known to me,being duly sworn,acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of,and acknowledged said instrument to be the voluntary act and deed,of their companies. PS`4►s.......» *s j* Lisa S.Millar,Notary Public,Parish of Orleans t State of Louisiana oN I-`.. My Commission is for Life I,Mark S.Manguno,Secret 'of The Gray Insurance Company and The Gray Casualty&Surety Company,do hereby certify that the above and (' forgoing is a true and correct copy of a Power of Attorney given by the companies,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this ! 2�2nd/j/)(,/ day of July, 2013 y tF a a • ` pR '.,\�• ':n orf �-t S.c, o: S EAL r; N S EAL Mark S.Manguno,Secretary The Gray Insurance Company The Gray Casualty&Surety Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On �efore me, Mary Martignoui — Notary Public Date Here Insert Name and'nVe of the Officer personally appeared Les M. Mantle Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the MARY MARTIGNONI within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized .- `- COMM. # 1947$53 ca act les and that his/her/their signature(s) on the s P ryC ), by =z NOTARY PUBLIC o CALIFORNIA" instrument the person(s), or the entity upon behalf of ORANGE COUNTY My Comm.Expires Sept 9,2015 which the person(s)acted, executed the instrument. ' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. Signatur Place Notary Seal Above Signore dTor Public OPTIONAL Though the information below is not required by law,it may prove valuabie to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: _ Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Les M. Mantle Signer's Name: ❑ Individual ❑Individual U Corporate Officer—Title(s): a Corporate Officer—Title(s): E-, Partner—O Limited Q General _ Cl Partner—Q Limited El General K� Attorney in Fact • ❑Attorney in Fact • ❑ Trustee Top of thumb here Top of thumb here ❑Trustee El Guardian or Conservator ❑Guardian or Conservator D Other: ❑Other: Signer Is Representing; Signer Is Representing: The Gray Insurance CMgny C2007Nationai Notary Assoaalior-9350 De Sol,Ave,P.O.Box 2402-Chatsvorlh,CA 91313-2402•www-NaticnatNotary.org ffem45907 Reorder Call Toll-Gree 1-80&676-6827 ACKNOWLEDGMENT ■.........................o1■r......®.•s.e.■.............................I State of California County of Los Angeles) ss. On July 22, 2013 before me, Ivonne Loera-Khatib, Notary Public, personally appeared Dan Patterson, who proved to me on the basis of satisfactory evidence to be the person,() whose name,($) War&subscribed to the within instrument and acknowledged to me that he/sbeAlzpay executed the same in his/beMheir authorized capacity(tes , nd that by hislber44eir signaturesW on the instrument the person]W, or the entity upon behalf of which the personjs}-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. WITNESS my hand and official seal. !� OWN"kvion*Mom LID NOWY Public-California Loa Anplee County 171 Signature / OPTIONAL INFORMATION Date of Document Thumbprint of Signer Type or Title of Document '.1A h�c Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) �] Check here if Capacity of Signer: no thumbprint Trustee or fingerprint Power of Attorney is available. CEO/CFO/ COO P Secretary/Zwasufef- Other: Other Information: BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: 2_ 2. CONTRACTOR'S Telephone Number: (�2?,} ► -� v Facsimile Number: (3-?) E-mail address n�Q54-114'1d( c!,pc't4c , (z6M 3. CONTRACTOR'S License: Primary Classification �t State License Number(s) Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety C g!i�/--zO") Address / �� l��o - llf+�z��o2 y/t-) Surety Company Agent � r� q � 1 L// Telephone Numbers: Agent(%/� ) f Z 7 Z Z SNrety('164 O Z T Z Z 5. Type of Firm (Individual, Partnership or Corporation): ��-)-� 6. Corporation organized under the laws of the State of: A- 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: --T Z Z i7— L� FORM U-420 BIDDER'S GENERAL INFORMATION 033-420 fowpd BID FORMS -PAGE 7 Nov 2001 ,1 BIDDER'S GENERAL INFORMATION (Continued) J 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 C�/ �� �� �'L��Address Ji AlLi^.J �,- 1.� Contact Class of work 4 Phone( 72-q—25-3-q Contract amount ,k 2 YO lC Project(_) Date completed /Z 2. Owner 'Address Contact VC,06. (LC Class of work Phone (9��) 7 "' �� Contract amount 2- SZ'��- Project(_) Date completed V13 3. Owner Address /t��,�Jr` /�o Contact 3 ` �' t�'` ��Class of work �z- C.D�,.i✓zip-f L,� Phone(?� ) �(�Z Z`fL 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 t_ 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. FORM U-G20 BIDDER'S GENERAL INFORMATION x13U-420nfo.wpd BID FORMS- PAGE 8 Nov 2001 rZ E BID This is EXHIBIT A, consisting of one page, referred to in made and a part of the ,,AGREEMENT between the OWNER and the CONTRACTOR BID TO: CITY OF SAN JUAN CAPISTRANO The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: Recycled Water Conversion Bid Package No. 2 C.I.P. No. 13601 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: I am aware of the provisions of Section 3700 of the Labor Code,which require every employer to be in,-,.,red 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 and 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 th forementioned Bidding Schedule(s). Dated: 13 Bidder: �! � L ✓�SL Lf ��✓<- By: �(Si nature) Title: FORM U-300 XDBU-30W0bid.wptl (PROPOSAL) PROPOSAL) Nov 2001 BID FORMS -PAGE 1 Bond No. 361 BID BOND KNOW ALL MEN BY THESE PRESENTS, That STL Landscape. Inc. as Principal, and The Gray Insurance Company as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called the"Owner"in the sum of (107.)************** TEN PERCENT OF THE AMOUNT OF THE 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 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 Recycled Water Conversion Bid Package No. 2 CIP NO. 13601 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. SIGNER AND SEALED,this 22nd da f July 20 13 STL Landscap Inc. (SEAL) (SEAL AND NOTARIAL B : ACKNOWLEDGMENT OF SURETY) Dan Patte s — Corp. Secretary The Gray Insurance Comp ( ur A By: ..I Les M. Mantle Attorney in Fact Foeµv��o BID BOND(BID SECURITY FORM) *+�uwtttconavye BID FORMS -PAGE 6 N-Pool This is Page 1 of Exhibit B consisting of 3 pages,referred to in and made a part of the AGREEMENT between the OWNER and the CONTRACTOR. BID SCHEDULE CIP NO. 13601 Recycled Water Conversion Bid Package No. 2 (Schedule A) UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1. Mobilization and Demobilization. LS 1 2. City of San Juan Capistrano Public Works Encroachment Permit&Business License. LS 1 3. Coordination and conducting final cross connection test with 0 �;�, o c C3 City,Engineer and OCHCA. LS 1 4. Coordinate and conduct site inspection to identify and eliminate any irrigation overspray _ onto benches,sidewalks,storm `�r {� CJ u drains and eliminate misting of sprinklers spray.Furnish all labor, materials and equipment to eliminate overspray and misting. LS 1 5. Furnish all labor,materials and equipment to excavate and remove a portion of the 4-inch 3:� PVC pipeline with applicable appurtenances,complete and operational. LS 1 6. Furnish all labor,materials and equipment to excavate and remove a portion of the 8-inch _ 3 d c PVC pipeline with applicable ` appurtenances,complete and operational. LF 4 7. Furnish all labor,materials and equipment for providing caps on the 8-inch PVC,and U v L� ® c .m� appurtenances,complete and operational. EA 2 FORM U302 UNIT PRICE UNIT PRICE BID SCHEDULE X09U-302unit.wpd Nov 2001 BID FORMS-PAGE 1 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 8, Furnish all labor,materials and equipment in order to disconnect and remove 2-inch RPPD. Provide applicable appurtenances Z c=u in order to complete and keep < <' system operational after removal. EA 2 9. Furnish all labor,materials and equipment for installing recycled water identification labeling (stickers)inside and outside of 2 field controllers. EA 35 10. Furnish all labor,materials and equipment for the installation of �, recycled water signs. EA 35 11. Furnish all labor,materials and equipment for installing recycled o water tags into meter boxes,main line gate valves,lateral line gate r valves,and quick couplers. EA 725 12. Furnish all labor,materials and equipment for installation of valve box nameplates on top of s all recycled water"green"main , line gate valve boxes,lateral line 2 5 gate valve boxes,and quick couplers boxes. EA 725 13. Furnish all labor,materials and equipment for installingop table water tags into meter boxes and RPPD's. EA 10 14. Furnish all labor,materials and equipment for installing non- potable water tags into meter 7 )� boxes,main line gate valves, lateral line gate valves,RPPD's and quick couplers. EA 25 15, Furnish all labor,materials and equipment for stamping(i.e. hot branding)all non-potable water � �� main line gate valve boxes,lateral line gate valve boxes, and quick couplers boxes. EA 20 TOTAL BID PRICE (Schedule A) Dollar amount in written form FORM U-302 UNIT PRICE UNIT PRICE BID SCHEDULE X09U-302unit.wpd Nov 2001 BID FORMS - PAGE 2 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100,et seq.,of the Public Contract Code,the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the 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. Contractor's License Work to be Performed Number Subcontractor's Name&Address 1 Nva L 2 3 4 5 6 7 8 FORM U-430 LIST OF SUBCONTRACTORS ^OU-430subs.wp4 Aug 2001 BID FORMS -PAGE 4 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. Countyof LUS llr�GLS ) being first duly sworn, deposes and says that he or she is of5'i L C /f�'r�SCf�' �'� 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,anyfee to anycorporation,partnership,company, association, organization,bid depository,or to any member or agent thereof,to effectuate a collusive or sham Bid. Bidder i L <L : By 0- Title S 2 Organization S TZ e_-AX15 5c H t' Address S/ C)j Aj c c FORM U-480 NON-COLLUSION AFFIDAVIT 11U-480c01.wpd n'9zoo1 BID FORMS - PAGE 5 6/18/2013 D12 City of San Juan Capistrano Agen ort TO: Karen P. Brust, City Man r FROM: Keith Van Der Maaten, Ut ities Directa011/ Prepared by: Stephen Liao, Engineer DATE: June 18, 2013 SUBJECT: Consideration of Approval of Plans and Specifications for the Home Owners Associations and City Parks Recycled Water Conversion Project and Authorization to Receive Bids (CIP 13601) RECOMMENDATION: By motion, recommend the City Council approve the plans and specifications prepared by Dudek for the recycled water conversions at selected Home Owners Associations (HOAS) and City Parks, and direct staff to advertise for competitive bids. EXECUTIVE SUMMARY: Capital Improvement Project (CIP) 13601 includes converting landscaped areas throughout the City which are currently supplied by the potable water system to non- domestic/recycled water. This project is funded entirely through Proposition 50 grant funds and includes installing recycled water meters and recycled water service connections to the 8-inch recycled water main along Rancho Viejo Road and signage per the rules and regulations for the use of recycled water. The plans and specifications have been completed by Dudek and are ready to be circulated for bid. Staff therefore recommends the Utilities Commission recommends that the City Council approve the plans and specifications prepared by Dudek for the onsite recycled water conversions for HOAS and City parks, and direct staff to advertise for competitive bids. DISCUSSION/ANALYSIS: The City's Non-Domestic/Recycled Water Master Plan from 2006 identified potential customers to be converted to non-domestic/recycled water. The sites included in this project will convert up to 92 acres of landscaping and 137 acre feet annually from potable water to non-domestic/recycled water (Attachment 1). As per the California State Law (California Water Code), whenever non-domestic/recycled water is made available for a landscape account, the landscape customer is required to convert to the use of non-domestic/recycled water. Through the implementation of the Proposition 50 grant funded projects, the City is now able to provide non-domestic/recycled water to convert selected HOAS and City parks landscape accounts to non-domestic/recycled water. Staff has been meeting with staff at the HOAS to share information with them on the project and the process, answer questions, address concerns, and to coordinate work. Agenda Report June 18, 2013 Page 2 of 2 The City's sources of non-domestic water are the Mission Street Well, the Hollywood Well, and the Rosenbaum Well, and the sources of recycled water will be an existing connection with the Moulton Niguel Water District and a future connection with the Santa Margarita Water District (CIP 13603 San Juan Creek Road Recycled Connection to SMWD, to be completed before December 31, 2013). FISCAL IMPACT: This project is funded entirely through Proposition 50 grant funds. The engineer's estimate for these recycled water conversions is approximately $200,000. CIP 13601 has a total of $1,238,696 in the Fiscal Year 2012-2013 Capital Improvement Budget to cover all the recycled water conversions City-Wide, including these selected HOAS and City parks. No additional budget appropriation is necessary at this time. ENVIRONMENTAL IMPACT: This project has been reviewed in accordance with the California Environmental Quality Act (CEQA) Guidelines. The City's Environmental Administrator has determined that the project is categorically exempt from further review per Section 15301 (b) Existing Facilities. PRIOR CITY COUNCIL REVIEW: • On April 23, 2013, the City Council approved a Personal Services Agreement with Dudek for preparation of plans and specifications for the Recycled Water Conversion Projects (CIP 13601). COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: • The Utilities Commission at its May 21, 2013, regular meeting recommended that the City Council approve the plans and specifications prepared by Dudek and direct staff to advertise for competitive bids. NOTIFICATION: Not applicable. ATTACHMENT: Attachment 1 - List of Homeowner Associations and City Parks included in this phase of CIP 13601 ENCLOSURE: Plans and Specifications prepared by Dudek — A copy was provided to the City Council and is available for review at the City Clerk's office. Areas included in this phase of Capital Improvement Project 13601 include: Home Owners Associations: • Rancho Madrina • Estates at San Juan Capistrano • San Juan Hills Estates Parks: • Cook Park • La Novia Park Attachment 1 Specifications and Bid Documents for CITY OF SAN JUAN CAPISTRANO RECYCLED WATER CONVERSION BID PACKAGE No. 2 CIP No. 13601 Submitted to City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Submitted by Dudek & Associates, Inc. 605 Third Street Encinitas, California 92024 (760) 450-1818 JULY 2013 CIP NO. 13601 The Specifications contained herein have been prepared by, or under the direct supervision of, the following Registered Civil Engineer: oQppFESS/p W m M'1616ei Metts, .E. Principal Manager * 3 Dudek&Associates, Inc. Cm �P Civil Engineer C-42586 exp.03/2014 IF OF CA\.\ � Approved by: Eric P. Baum .E. Utilities Engineer Utilities Department San Juan Capistrano,CA FORM e x02Usp1.wptl nSIGNATURE PAGE l.w Nov 2001 CITY OF SAN JUAN CAPISTRANO BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS Recycled Water Conversion Bid Package No. 2 CIP No. 13601 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 xoau-partl wpd CONTENTS Nov 2001 PAGE 1 NOTICE INVITING BIDS For Recycled Water Bid Package No. 2 C.I.P. No. 13601 N-1. NOTICE IS HEREBY GIVEN that sealed bids for the recycled water conversion of Marbella Golf Course will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until 2 pm on July 23. 2013 at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK: The Work comprises of furnishing and installing identification (labels, tags, and signs) and miscellaneous buried/above ground modifications at existing non-potable water sites to be converted to recycled water in order to obtain Orange County Health Care Agency approval for the facility to utilize recycled water on landscaping within the sites. Additionally the Work will consist of mobilization of equipment and material on (and off the site including procurement of a staging area, furnishing and installing appurtenances with the above mentioned irrigation system for the irrigation system; coordinate the construction schedule with the OCHCA inspector for the final cross connection testing, conform to all permit requirements, complete site cleanup and repair of damaged facilities as necessary, record drawings (as-builts). N-3 LOCATION OF THE WORK: The location of the project is within the City of San Juan Capistrano, California at sites indicated on the Plans. N-4 COMPLETION OF THE WORK: Time is of the essence. All work must be completed within 30 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 reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder and reject all other bids, as it may best serve the interest of the City. (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 not less than 10 percent of the total bid price, payable to the City of San Juan Capistrano. FORM U-030 x05U-030std.wpd NOTICE INVITING BIDS Nov 2001 PAGE 1 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, C-34 or C-37 Contractor license at the time of submitting bids. N-9 CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is on file at the office of the City. The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. N-10 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. N-11 PRE-BID VISIT TO WORK SITE: (a) 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 10 July 2013. (b) Failure to participate in the pre-bid walk will not disqualify a bidder as being non- responsive. (c) The pre-bid visit will be completed at the City Hall Council Chambers. N-12 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be inspected without charge at the Public Works Department or the Utilities Department of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. (b) Complete sets of said Contract Documents may be purchased from the Coastal Blue web site, on-line plan room at http://www.coastalblue.com/ A charge in the amount approximately $45.00, non-refundable, is required for obtaining each set of plans and specifications. No refund will be made of any charges for sets of Contract Documents. (c) Additional fees apply for mailing or local delivery of sets of documents by Coastal Blue. N-13 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed and addressed to the City of San Juan Capistrano, and shall be delivered or mailed to the FORM U-030 x05U-0305td.wpd NOTICE INVITING BIDS Nov 2001 PAGE 2 City Clerk at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. The envelope shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words "Bid For..."followed by the Project title, date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. BY ORDER OF THE CITY OF SAN JUAN CAPISTRANO Date CITY OF SAN JUAN CAPISTRANO By Maria Morris, CMC City Clerk FORM U-030 x05U-030std.wpd NOTICE INVITING BIDS Nov 2001 PAGE 3 CITY OF SAN JUAN CAPISTRANO INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS-Terms used in these Instructions to Bidders and the Notice Inviting Bids and not defined herein shall have the meanings assigned to them in the General Conditions. The term"Bidder"shall mean one who submits a Bid directly to the City,as distinct from a sub-bidder,who submits a Bid to a Bidder. The term"Engineer"shall be as defined in the General Conditions or Supplementary General Conditions. 2. COMPETENCY OF BIDDERS-Except as otherwise provided under Public Contract Code§20103.5, no Bid for the Work will be accepted from a contractor who does not hold a valid contractor's license in the State of California for the classifications named in the Notice Inviting Bids at the time of opening Bids. 3. DISQUALIFICATION OF BIDDERS - More than one Bid from an individual, firm, partnership, corporation,or association under the same or different names will not be considered. If the City believes that any Bidder is interested in more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If the City believes that collusion exists among the Bidders,all Bids will be rejected. 4. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND THE SITE-(a)It is the responsibility of each Bidder before submitting a Bid to examine the Contract Documents thoroughly; visit the site to become familiar with local conditions that may affect cost, progress, or performance of the Work, consider federal, state, and local laws and regulations that may affect cost, progress, or performance of the Work; study and carefully correlate the Bidder's observations with the Contract Documents;and notify the Engineer of all conflicts, errors, or discrepancies noted in the Contract Documents. (b)Reference is made to the Supplementary General Conditions for identification of those reports of explorations and tests of subsurface conditions at the site which may have been utilized by the Engineer in the preparation of the Contract Documents. However, such reports are NOT a part of the Contract Documents. The interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations, and opinions contained therein or the completeness thereof is the responsibility of the Bidder. (c)Copies of such reports and drawings will be made available for inspection by the City to any Bidder upon request. Those reports and drawings are NOT part of the Contract Documents, but any technical data contained therein upon which the Bidder is entitled to rely is limited to that set forth in the Supplementary General Conditions. (d)Subject to the provisions of Section 4215 of the California Government Code,information and data reflected in the Contract Documents with respect to underground utilities at or contiguous to the site is based upon information and data furnished to the City and the Engineer by the owners of such underground utilities or others, and the City does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary General Conditions. (e)Provisions concerning responsibilities forthe 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 General 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. FORM U-101 INSTRUCTIONS TO xO6U-101 inst.wpd Nov 2001 BIDDERS - PAGE 1 (g)Where feasible, upon request in advance, the City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall repair damage,clean up, and restore the site to its former condition upon completion of such exploration. (h)The lands upon which the Work is to be performed,the rights-of-way and easements for access thereto, and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easement for permanent structures or permanent changes in existing structures will be obtained and paid for by the City unless otherwise provided in the Contract Documents. (i)The submittal of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article;that without exception the Bid is premised upon performing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents; and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all the terms and conditions for performance of the Work. 5. INTERPRETATIONS-All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be resolved by the issuance of Addenda mailed, Faxed,or delivered to all parties recorded by the Engineer or the City as having received the Contract Documents. Questions received less than 7 days prior to the date of opening Bids may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. 6. BID SECURITY, BONDS, AND INSURANCE - Each Bid shall be accompanied by a certified or cashier's check or approved Bid Bond in the amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the City and shall be given as a guarantee that the Bidder, if awarded the Work,will enter into an Agreement with the City and will furnish the necessary insurance certificates, Payment Bond,and Performance Bond. Each of said bonds and insurance certificates shall be in the amounts stated in the General and Supplementary Conditions of the Contract. In case of refusal orfailure 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 pa9e6 6hall net be Femoved ften;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. INSTRUCTIONS TO FORMAT x06U-101 instwpd BIDDERS- PAGE 2 Nov 2001 10. DISCREPANCIES IN BIDS-In the event that there is more than one Bid Item in the Bid Schedule,the Bidder shall furnish a price for all Bid Items in the schedule, and failure to do so will render the Bid as non-responsive and may cause its rejection. In the event that there are unit price Bid Items in a Bid Schedule and the"amount"indicated for a unit price Bid Item does not equal the product of the unit price and quantity listed, the unit price shall govern and the amount will be corrected accordingly, and the Contractor shall be bound by such correction, subject to the provisions of Section 5100 et seq. of the California Public Contract Code. In the event that there is more than one Bid Item in a Bid Schedule and the total indicated for the schedule does not agree with the sum of prices Bid on the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly, and the Contractor shall be bound by said correction, subject to the provisions of Section 5100 et seq. of the California Public Contract Code. 11. QUANTITIES OF WORK-(a)The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of the Work; the City does not expressly or by implication agree that the actual amount of work or material will correspond therewith. (b) In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit prices established for such work under the Contract Documents;provided,that on unit price contracts, increases of more than 25 percent,decreases of more than 25 percent,and eliminated items shall be adjusted as provided in the General and Supplementary General Conditions of the Contract. 12. WITHDRAWAL OF BID -The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or it's properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of Bids. 13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS - Unauthorized conditions, limitations, or provisos attached to the Bid will render it informal and will cause its rejection as being non-responsive. The completed Bid forms shall be without interlineation,alterations,or erasures. Alternative Bids will not be considered unless expressly called for in the Notice Inviting Bids. Oral, FAX,telegraphic, or telephone Bids or modifications will not be considered. 14. LIQUIDATED DAMAGES - Provisions for liquidated damages, if any, shall be as set forth in the Agreement and the provisions of the General and Supplementary General Conditions. 15. SUBSTITUTE OR"OR-EQUAL"ITEMS-The Work, if awarded,will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or"or-equal"items. Whenever it is indicated in the Drawings or specified in the Special Provisions that a substitute or"or-equal" item of material or equipment may be furnished or used by the Contractor if acceptable to the Engineer, application for such acceptance may be considered by the Engineer pursuant to the provisions of Public Contract Code Section 3400 (Fev 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 FORM U-101 INSTRUCTIONS TO x06U-1011nst.wpd Nov 2001 BIDDERS-PAGE 3 the Contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such bidder's Bid Securities shall be likewise forfeited to the City. 18. WORKER'S COMPENSATION REQUIREMENT-The Bidder should be aware that in accordance with laws of the State of California,the Bidder will,if awarded the Contract,be required to secure the payment of compensation to its employees and execute the Worker's Compensation Certification. - END OF INSTRUCTIONS TO BIDDERS - INSTRUCTIONS TO FORMAT U x06U-101inst.wpd BIDDERS- PAGE 4 Nov 2001 BID This is EXHIBIT A, consisting of one page, referred to in made and a part of the AGREEMENT between the OWNER and the CONTRACTOR BID TO: CITY OF SAN JUAN CAPISTRANO The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreementwith 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: Recycled Water Conversion Bid Package No. 2 C.I.P. No. 13601 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: 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,orto 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: FORM U300 BID (PROPOSAL) X08U-300bid.wpd Nov 2001 BID FORMS -PAGE 1 This is Page 1 of Exhibit B consisting of 3 pages,referred to in and made a part of the AGREEMENT between the OWNER and the CONTRACTOR. BID SCHEDULE CIP NO. 13601 Recycled Water Conversion Bid Package No. 2 (Schedule A) UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1. Mobilization and Demobilization. LS 1 2. City of San Juan Capistrano Public Works Encroachment Permit&Business License. LS 1 3. Coordination and conducting final cross connection test with City,Engineer and OCHCA. LS 1 4. Furnish all labor,materials and equipment to excavate and remove a portion of the 10-inch DIP pipeline with applicable appurtenances,Complete and Operational. LF 12 5. Furnish all labor,materials and equipment for providing blind flanges on the 10-inch DIP,and Appurtenances,Complete and Operational. EA 2 6. Furnish all labor,materials and equipment to excavate and remove a portion of the 8-inch PVC pipeline with applicable appurtenances,Complete and Operational. LF 12 7. Furnish all labor,materials and equipment for providing blind flanges on the 8-inch PVC,and Appurtenances,Complete and Operational. EA 2 8. Furnish all labor,materials and equipment in order to disconnect and remove 2-inch RPPD. Provide applicable appurtenances in order to complete and keep system operational after removal. EA 2 FORM U-302 UNIT PRICE UNIT PRICE BID SCHEDULE X09U-302unit.wpd Nov 2001 BID FORMS-PAGE 1 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 9. Furnish all labor,materials and equipment for recycled water identification labeling(stickers) inside and outside of field controllers. EA 50 10. Furnish all labor,materials and equipment for the installation of recycled water signs. EA 10 11. Furnish all labor,materials and equipment for the installation of "custom"recycled water signs for Homeowners Association sites EA 30 12. Furnish all labor,materials and equipment for recycled water tags into meter boxes,main line gate valves,lateral line gate valves, and quick couplers. EA 250 13. Furnish all labor,materials and equipment for stamping all recycled water main line gate valve boxes,lateral line gate valve boxes,and quick couplers boxes. EA 560 TOTAL BID PRICE (Schedule A) :$ Dollar amount in written form FORM U-302 UNIT PRICE UNIT PRICE BID SCHEDULE Nov 2001 unit.wpd BID FORMS-PAGE 2 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100,et seq.,of the Public Contract Code,the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the 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. Contractor's License Work to be Performed Number Subcontractor's Name&Address 1 2 3 4 5 6 7 8 FORM U-430 LIST OF SUBCONTRACTORS 10U1330subs_wpd Aug 2001 BID FORMS-PAGE 4 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ) I, being first duly sworn, deposes and says that he or she is of , the party making the foregoing Bid,that the Bid is not made in the interest of,or on behalf of,any undisclosed person,partnership, company,association,organization,or corporation;that the Bid is genuine and not collusive or sham;that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid,and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid,or that anyone shall refrain from bidding;that the Bidder has not in any manner,directly or indirectly, sought by agreement,communication,or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her Bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto,or paid,and will not pay,any fee to any corporation,partnership,company, association,organization,bid depository,or to any member or agent thereof,to effectuate a collusive or sham Bid. Bidder By Title Organization Address FORM U480 NON-COLLUSION AFFIDAVIT A�g2001 `WPa BID FORMS-PAGE 5 BID BOND KNOW ALL MEN BY THESE PRESENTS, That as Principal, and as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called the"Owner' in the sum of dollars (not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said Owner to perform the Work required under the Bid Schedule(s) of the Owner's Contract Documents entitled: Recycled Water Conversion Bid Package No. 2 CIP NO. 13601 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 120 (SEAL) (SEAL AND NOTARIAL (SEAL) ACKNOWLEDGMENT OF SURETY) (SEAL) (SEAL) (Principal) (Surety) (Signature) (Signature) FORMU-410BID BOND(BID SECURITY FORM) x12U-010bond.wpd BID FORMS- PAGE 6 Nov 2001 BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: 2. CONTRACTOR'S Telephone Number: ( ) Facsimile Number: ( ) E-mail address 3. CONTRACTOR'S License: Primary Classification State License Number(s) Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety Address Surety Company Agent Telephone Numbers: Agent ( ) Surety( ) 5. Type of Firm (Individual, Partnership or Corporation): 6. Corporation organized under the laws of the State of: 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: FORM U420 BIDDER'S GENERAL INFORMATION x13U420info.wpd BID FORMS- PAGE 7 Nov 2001 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 U Date completed 10. List the name and title of the person who will supervise full-time the proposed work for your firm: 11. Is full-time supervisor an employee contract services ? 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. FORM U-420 BIDDER'S GENERAL INFORMATION x13U-420info.wpd BID FORMS-PAGE 8 Nov 2001 CONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this day of 2013, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and , hereinafter referred to as "Contractor." City and Contractor mutually agree as follows: Section 1. General Conditions. Contractor certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon Contractor's investigation of all such matters and is in no way relying upon any opinions or representations of City. It is agreed that this Contract represents the entire agreement between the parties. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, and Contractor's Proposal are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that Contractor and its subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract. "Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to City's Engineer, without whose decision Contractor shall not adjust said discrepancy save only at Contractor's own risk and expense. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-1 Section 2. Materials and Labor. Contractor shall furnish, under the conditions expressed in the Plans and Specifications, at Contractor's own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the City, to construct and complete the Project, in good workmanlike and substantial order. If Contractor fails to pay for labor or materials when due, City may settle such claims by making demand upon the surety to this Contract. In the event of the failure or refusal of the surety to satisfy said claims, City may settle them directly and deduct the amount of payments from the Contract price and any amounts due to Contractor. In the event City receives a stop notice from any laborer or material supplier alleging non-payment by Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. Section 3. Description of Project. The Project is described as: as delineated in the Plans and Specifications prepared by dated 20_. Work to include: the construction of and all appurtenant work. Section 4. Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: Said Plans and Specifications and any revisions, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-2 Section 5. Time of Commencement and Completion. Contractor agrees to commence the Project within ten (10) calendar days from the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to completion within ( ) calendar days from the date of the "Notice to Proceed" issued by the City excluding delays caused or authorized by the City as set forth in Sections 7, 8 and 9 hereof. Section 6. Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, Contractor shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of Contractor's work in conformance with an approved construction progress schedule. Contractor shall coordinate the work covered by this Contract with that of all other Contractors, subcontractors and of the City, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5 herein. City shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of Contractor on the premises. Section 7. Excusable Delays. Contractor shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather which exceeds the number of calendar days estimated by the City and set forth in Section 5 hereof; damages caused by fire or other casualty for which Contractor is not responsible; any act, neglect or default of City; failure of City to make timely payments to Contractor; late delivery of materials required by this Contract to be furnished by City; combined action of the workers in no way caused by or resulting from default or collusion on the part of CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-3 Contractor; a lockout by City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable control. City shall extend the time fixed in Section 5 for completion of the Project by the number of days Contractor has thus been delayed, provided that Contractor presents a written request to City for such time extension within fifteen (15) days of the commencement of such delay and City finds that the delay is justified. City's decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by Contractor. No claims by Contractor for additional compensation or damages for delays will be allowed unless Contractor satisfies City that such delays were unavoidable and not the result of any action or inaction of Contractor and that Contractor took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with Section C- 9(f) of the General Provisions. The City's decision will be conclusive on all parties to this Contract. Section 8. Extra Work. The Contract price includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by a designated representative of City specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof. City shall extend the time fixed in Section 5 for completion of the Project by the number of days reasonably required for Contractor to perform the extra work, as determined by City's Engineer. The decision of the Engineer shall be final. Section 9. Changes in Proiect. A. City may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes: CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME;RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-4 1) in the Specifications (including drawings and designs); 2) in the time, method or manner of performance of the work; 3) in the City-furnished facilities, equipment, materials, services or site; or 4) directing acceleration in the performance of the work. B. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the City which causes any change, provided Contractor gives the City written notice stating the date, circumstances and source of the order and that Contractor regards the order as a change order. C. Except as provided in this Section 9, no order, statement or conduct of the City or its representatives shall be treated as a change under this Section 9 or entitle Contractor to an equitable adjustment. D. If any change under this Section 9 causes an increase or decrease in Contractor's actual, direct cost or the time required to perform any part of the work under this Contract, whether or not changed by any order, the City shall make an equitable adjustment and modify the Contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (B) above shall be allowed for any costs incurred more than twenty (20) days before the Contractor gives written notice as required in paragraph (B). In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased direct cost Contractor reasonably incurred in attempting to comply with those defective specifications. E. If Contractor intends to assert a claim for an equitable adjustment under this Section 9, it must, within thirty (30) days after receipt of a written change order under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a written statement to the City setting forth the general nature and monetary extent of CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-5 such claim. The City may extend the thirty (30) day period. Contractor may include the statement of claim in the notice under paragraph (13) of this Section 9. F. No claim by Contractor for an equitable adjustment shall be allowed if made after final payment under this Agreement. G. Contractor hereby agrees to make any and all changes, furnish the materials and perform the work that City may require without nullifying this Contract. Contractor shall adhere strictly to the Plans and Specifications, unless a change therefrom is authorized in writing by the City. Under no condition shall Contractor make any changes to the Project, either in additions or deductions, without the written order of the City and the City shall not pay for any extra charges made by Contractor that have not been agreed upon in advance in writing by the City. Contractor shall submit immediately to the City written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the City and the proper cost or credit breakdowns therefore shall be submitted without delay by Contractor to City. Section 10. Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5 plus the allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City will sustain damage, which would be extremely difficult and impracticable to ascertain. The parties therefore agree that Contractor will pay to City the sum of Five Hundred Dollars and No Cents ($500) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-6 Section 11. Contract Price and Method of Payment. City agrees to pay and Contractor agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of dollars and cents ($ ) as itemized on the attached Exhibit "A," described as the Bid; and, Exhibit "B," described as the Bid Schedule_ Within thirty (30) days from the commencement of work, there shall be paid to the Contractor a sum equal to ninety percent (90%) of the value of the actual work completed plus a like percentage of the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of the City, since the commencement of the work as determined by the City. Thereafter, on a schedule issued by the City at the commencement of the job which shows a minimum of one payment made to the Contractor per month for each successive month as the work progresses and the request for payment due dates from the Contractor to meet the payment schedule, the Contractor shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety percent (90%) of the value of the work completed since the commencement of work as determined by the City, less all previous payments, provided that the Contractor submits the request for payment prior to the end of the day required to meet the payment schedule. The City will retain ten percent (10%) of the amount of each such progress estimate and material cost until the Final Payment. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City's Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-7 Section 12. Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be entitled to post approved securities with the City or an approved financial institution in order to have the City release funds retained by the City to insure performance of the Contract. Contractor shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution. Section 13. Completion. Within ten (10) days after the contract completion date of the Project, Contractor shall file with the City's Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. City may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier. Section 14. Contractor's Employees' Compensation. A. Davis-Bacon Act: Contractor will pay and will require all subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) or when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-8 met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailinq Rate: City has ascertained from the State of California Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of the same are on file in the Office of the Engineer of City. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774 of the State of California. C. Forfeiture For Violation: Contractor shall, as a penalty to the City, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Travel and Subsistence Pay: Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this Contract and Contractor shall comply therewith. E. Apprentices: Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this Contract and the Contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-9 ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty Contractors not bidding for work through the general or prime Contractor are Two Thousand Dollars ($2,000.00) or more or five (5) working days or more. F. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seg.) of the Labor Code of the State of California and shall forfeit to the City as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Project. G. Record of Wages; Inspection: Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-10 and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Section 15. Surety Bonds. Contractor shall, before entering upon the performance of this Contract, furnish bonds approved by the City Counsel -- one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the City. Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-11 be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty (30) days' written notice to City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of City by Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A-Class VII or better: Worker's Compensation In accordance with the Workers' Compensation Act of the State of California -- Minimum of $1,000,000 CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-12 Public Liability, in the form of either Comprehensive General $2,000,000, per occurrence, or Liability or Commercial General alternatively, Liability written on a per-occurrence $2,000,000 aggregate, separate basis for this project. Automobile liability, including $2,000,000 per occurrence non-owned and hired vehicles City or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. Contractor shall pay the premiums on the insurance hereinabove required. Section 17. Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (Contractors' employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigation arising through the sole negligence or sole willful misconduct of City, and will make good to and reimburse City for any expenditures, including reasonable attorneys' fees City may incur by reason of such matters, and if requested by City, will defend any such suits at the sole cost and expense of Contractor. Section 18. Stop Notice Administration. City reserves the right to charge Contractor for City's actual administrative time (including attorney's time) to administer and process stop notices filed by Contractor's subcontractors, materialmen, or any other claimant or lienholder. Section 19. Termination. A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-13 this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by the City for its convenience, provided that the Contractor is given (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. C. If termination for default or convenience is effected by the City, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If termination for default is effected by the Contractor, the equitable adjustment shall include a reasonable profit for services or other work performed, but no adjustment will be allowed for anticipated profits. The equitable adjustment for any termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs (A) or (B) above, the Contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether completed or in process. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-14 E. Upon termination under paragraphs (A) or (B) above, the City may take over the work and may award another party an agreement to complete the work under this Contract. Contractor agrees to perform all work under this Contract in accordance with the City's designs, drawings and specifications. The Contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The City shall promptly give notice to the Contractor of observed defects. In the event that the Contractor fails to make adjustments, repairs, corrections or other work made necessary by such defects, the City may do so and charge the Contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. The Contractor's obligations under this clause are in addition to the Contractor's other express or implied assurances under this Contract or state law and in no way diminish any other rights that the City may have against the Contractor for faulty materials, equipment or work. Section 20. Assignment. No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the City unless such assignment has had prior written approval and consent of the City and the surety. Section 21. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-15 and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against the Contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the City as a party to said action, the City shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not. Section 22. Resolution of Disputes. The City and the Contractor shall comply with the revisions of California Public Contracts Code Section 20104, et seq., regarding resolution of construction claims for any claims which arise between the Contractor and the City. Section 23. Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Public Works To Contractor: contact Company name. address city, state, zip CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-16 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. CITY OF SAN JUAN CAPISTRANO By: John Taylor, Mayor CONTRACTOR By: ATTEST: By: Maria Morris, City Clerk APPROVED AS TO FORM: By: Hans Van Ligten, City Attorney Exhibits: A — Bid B — Bid Schedule CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-17 WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. Contractor By Title FORM u-660 WORKER'S COMPENSATION CERTIFICATE Aug omPwPG 001AGREEMENT AND BONDS-PAGE 3 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That as Contractor, And as Surety, are held firmly bound unto the City of San Juan Capistrano, a legal entity, organized and existing in the County of Orange, California, hereinafter called the"Owner,"in the sum of: dollars, for the payment of which sum well and truly to be made, we bind ourselves. our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: Recycled Water Conversion Bid Package No. 2 CIP NO. 13601 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) FORM U-610 PERFORMANCE BOND x16U-610bond.wpd AGREEMENT AND BONDS-PAGE 4 Nov 2001 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 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 BODILY INJURY $ $ Including: OEXPLOSION AND COLLAPSE PROPERTY DAMAGE $ $ UNDERGROUND DAMAGE or PROOUCTS/COMPLETED OPERATIONS ❑ BODILY INJURY CONTRACTUAL INSURANCE DAND PROPERTY AMAGE COMBINED OBROAD FORM PROPERTY DAMAGE $ $ DINDEPENDENT CONTRACTORS PERSONAL INJURY $ ElPERSONAL INJURY COMPREHENSIVE AUTOMOBILE BODILY INJURY LIABILITY EACH PERSON $ Including. 0 OWNED EACH ACCIDENT $ DHIRED PROPERTY DAMAGE $ NON-OWNED MOTOR CARRIER ACT or BODILY INJURY AND PROPERTY DAMAGE COMBINED $ EXCESS LIABILITY BODILY INJURY Including: D ANAGE COMBINED ERTY I1EMPLOYER'S LIABILITY $ WORKER'S COMPENSATION STATUTORY and EMPLOYER'S LIABILITY Including. EL $ (EACH ACCIDENT) LONG SHOREMEN'S AND HARBOR WORKERS OTHER ADDITIONAL INSURED ENDORSEMENT--CAPISTRANO VALLEY WATER DISTRICT The undersigned certifies that he or she is the representative of the above-named insurance companies,that he or she has the authority to execute and issue this certificate to Certificate Halder,and accordingly,does hereby certify on behalf of said insurance companies that policies of insurance listed above have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,tens,or condition of any contractor other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to at the terms,exclusions,and conditions of such policies.Copies of the policies shown will be furnished to the Certificate Holder upon request. This Certificate does not amend,extend,or alter the coverage afforded by the policies listed. Cancellation Should any of the above described policies be cancelled before the expiration date thereof,the issuing company will mail 30 days written notice to the below-named certificate holder: NAME AND ADDRESS OF ADDITIONAL INSURED DATE ISSUED BY 1UTNOR¢ED R—FIE 1—OF iN6111a1—coMRnrviEs aFPOR.'iiNG COVERAGE FORM U-650 CERTIFICATE OF INSURANCE Nov 2000ins.wpd AGREEMENT AND BONDS- PAGE 6 POLICY NUMBER: BUSINESS AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM It is agreed that the"Who Is An Insured"provision is amended to include as an insured the person or organization designated below as an additional insured, subject to the following provisions: (1) This insurance applies only with respect to any Liability arising out of the operation of covered autos on the additional insured 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, CMC City Clerk FORM U-651 INSURANCE ENDORSEMENT-AUTO U finsauto.wpd Nov001AGREEMENT AND BONDS -PAGE 7 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, CMC City Clerk (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. FORM U-652 INSURANCE ENDORSEMENT-LIABILITY Nov 2002 meueb.wpa AGREEMENT AND BONDS- PAGE 8 Section 00700 GENERAL CONDITIONS TABLE OF CONTENTS Paqe ARTICLE I - DEFANVTIONS �==` Addenda .---.'—.--.—'.'..'..'--'—.—'''—..'----'..—.'''...''.—'.—'.1 Application for PaVmenL--------------------'---------1 Asbestos..................................................................................................................1 Beneficial (]cCUpaOCV ----------'----------'----------1 Bidder ---------------------.----------'-------.1 Bid............................................................................................................................1 BiddingDocuments..................................................................................................1 Bonds.......................................................................................................................1 Change [)rder----------'----------..----------'---j CSjC ----------'----------'----------'-------'i Claim........................................................................................................................1 Contract ----------'----------'----------'------.1 Contract Documents----------'----------'----------'2 ContractMilestone................................................................. .................................2 Contract price ----------'----------'----------'---.2 Contract Time -----.-----.----------'----------'---.2 Contractor................................................................................................................2 Council....... .............................................................................................................2 [) ------------------''_--------'--------'2 Defective \8/Drk ----------'----------'----------'--'2 Design Engineer ----------'----------'----------'--2 Demobilization ----------'----------'----------'---2 Drawings -------'----------'----------'------2 D .............................._.........................................................................2 Engineer ---------'----------'----------'------2 FieldOrder...............................................................................................................3 Final P [e5sPat------------------------------.3 General Requirements----------'--------------------.3 Hazardous Waste ----------'----------'----------'—.3 Holidays ----.----------..----------'------.3 Interfacing --------'----------'----------'--3 Laws and Regulations----------'----------'----------3 LumpSum Work......................................................................................................3 Milestone ----------'---------------------.-----'3 Mobilization..............................................................................................................3 Notice of Award ----------'----------'-------'-----.3 Notice of Completion ------.----.----------'----------.3 Notice to Proceed ----------'----------'------------3 Owner---------------------------------------.3 Owner's Representative...........................................................................................3 Partial Utilization ----------'----------'------------'4 PCB's.......................................................................................................................4 Petroleum ----------'--------------------------'4 P ------------------------'-------.-------.4 Radioactive Material ----------'----------'----------'4 Retainageor Retention............................................................................................4 Recycled Water Conversion Bid Package No. c GENERAL CONDITIONS Table of Contents Page i TABLE OF CONTENTS(Continued) Page Request for Information (RFI) ..................................................................................4 Request for Proposal (RFP).....................................................................................4 Samples...................................................................................................................4 Safety.......................................................................................................................4 ShopDrawings.........................................................................................................4 Specialist .................................................................................................................4 Specifications...........................................................................................................5 Standard Specifications ...........................................................................................5 Submittals................................................................................................................5 Subcontractor ..........................................................................................................5 SubstantialCompletion............................................................................................5 Supplementary General Conditions.........................................................................5 Supplier....................................................................................................................5 TechnicalSpecifications ..........................................................................................5 UndergroundFacilities.............................................................................................5 UnitPrice Work........................................................................................................5 Work ........................................................................................................................5 WorkChange Directive............................................................................................6 ARTICLE 2 - PRELIMINARY MATTERS 2.1 DELIVERY OF BONDS/INSURANCE CERTIFICATIONS .........................7 2.2 COPIES OF DOCUMENTS...................................................... .. 7 2.3 COMMENCEMENT OF CONTACT TIME; NOTICE TO PROCEED..........7 2.4 STARTING THE WORK.............................................................................7 2.5 CONTRACTOR MUST STUDY CONTRACT DOCUMENTS.....................7 2.6 PRELIMINARY SCHEDULES AND INITIAL ACCEPTANCE OF SCHEDULES .............................................................................................7 2.6.1 Preliminary Schedules................................................................................7 2.6.2 Initial Acceptance of Schedules .................................................................8 2.7 PRE-CONSTRUCTION CONFERENCE....................................................8 2.8 SUBCONTRACTOR MOBILIZATION MEETING .......................................8 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING,REUSE 3.1 INTENT ......................................................................................................9 3.2 INTENT OF WORK TO BE FUNCTIONALLY COMPLETE .......................9 3.2.1 Work to be Complete .................................................................................9 3.2.2 Necessary Utilities......................................................................................9 3.3 CLARIFICATIONS AND INTERPRETATIONS OF THE CONTRACT DOCUMENTS .......................................................................9 3.3.1 Reference to Standards .............................................................................9 3.3.2 Discovery of Problem .................................................................................9 3.3.3 Order of Precedence of the Drawings ........................................................9 3.3.4 Order of Precedence of Contract Documents ..........................................10 3.4 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS.........10 3.4.1 Amending Contract Documents................................................................10 3.4.2 Supplementing Contract Documents........................................................10 3.5 REUSE OF DOCUMENTS.......................................................................10 ARTICLE 4 -AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 AVAILABILITY OF LANDS.......................................................................11 4.2 PHYSICAL SITE CONDITIONS ...............................................................11 Recycled Water Conversion Bid Package No. 1 (Marbella) GENERAL CONDITIONS Table of Contents Page ii TABLE OF CONTENTS(Continued) Page 4.2.1 Reports and Drawings..............................................................................11 4.2.2 Limited Reliance by the Contractor on the Technical Data ......................11 4.3 DIFFERING SITE CONDITIONS..............................................................12 4.3.1 Inaccurate Owner Documents..................................................................12 4.3.2 Requires Change......................................................................................12 4.3.3 Materially Different From Contract............................................................12 4.3.4 Materially Different From Conditions Originally Encountered ...................12 4.3.5 Owner Responsibility................................................................................12 4.3.6 Disallowance of Entitlement .....................................................................12 4.4 UNDERGROUND UTILITIES...................................................................13 4.4.1 Utilities Indicated ......................................................................................13 4.4.2 Utilities Not Indicated................................................................................13 4.4.3 Action Prior to Starting Work....................................................................13 4.4.4 Locate Utilities..........................................................................................13 4.4.5 Protection of Utilities.................................................................................13 4.4.6 Notification Requirements If Utility Disturbed ...........................................13 4.4.7 Removal of Abandoned Utilities ...............................................................13 4.4.8 Relocation of Utilities................................................................................14 4.4.9 Delays ......................................................................................................14 4.4.10 Access to the Work ..................................................................................14 4.5 REFERENCE POINTS.............................................................................14 4.5.1 Bench Mark ..............................................................................................14 4.5.2 Protection of Bench Marks .......................................................................14 4.6 ASBESTOS, PCB's, PETROLEUM, HAZARDOUS WASTE OR RADIOACTIVE MATERIAL................................................................15 4.6.1 Owner Responsibility................................................................................15 4.6.2 Contractor's Responsibility.......................................................................15 4.6.3 Dispute .....................................................................................................15 ARTICLE 5 - BONDS AND INSURANCE 5.1 PERFORMANCE, PAYMENT AND OTHER BONDS ..............................16 5.2 LICENSED SURETIES AND INSURERS.................................................16 5.3 CERTIFICATES OF INSURANCE ...........................................................16 5.4 CONTRACTOR'S LIABILITY INSURANCE..............................................17 5.5 OWNER'S LIABILITY INSURANCE.........................................................18 5.6 ACCEPTANCE OF BONDS AND INSURANCE; OPTION TOREPLACE...........................................................................................19 5.7 PARTIAL UTILIZATION, ACKNOWLEDGMENT OF PROPERTY USER .......................................................................................................19 ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6.1 RESPONSIBILITY OF CONTRACTOR TO PERFORM...........................20 6.2 MATERIAL AND EQUIPMENT.................................................................20 6.3 SUPERVISION, SUPERINTENDENCE AND QUALITY ..........................20 6.4 SUPERINTENDENT.................................................................................20 6.4.1 Written Designation of Superintendent.....................................................20 6.4.2 Superintendent's Presence at Site ...........................................................20 6.4.3 Removal of Superintendent......................................................................21 6.5 LABOR .....................................................................................................21 6.5.1 No Additional Compensation for Overtime ...............................................21 6.5.2 Approval Required to Work Outside Normal Work Hours ........................21 6.6 PROGRESS SCHEDULE.........................................................................21 Recycled Water Conversion Bid Package No. 1 (Marbella) GENERAL CONDITIONS Table of Contents Page iii TABLE OF CONTENTS(Continued) Page 6.6.1 Non-Impacting Adjustments .....................................................................21 6.6.2 Revisions to Milestones............................................................................22 6.7 SUBSTITUTES OR "OR APPROVED EQUAL" ITEMS............................22 6.8 PROJECT SITE COORDINATION...........................................................24 6.8.1 Work by Others .........................................................................................24 6.8.2 Coordination of Work ...............................................................................24 6.8.3 Cost of Coordination.................................................................................24 6.8.4 Origination to Provide Access ..................................................................24 6.8.5 Obligation to Fit ........................................................................................24 6.8.6 Obligation to Protect Property ..................................................................24 6.9 COORDINATION WITH SUBCONTRACTORS AND SUPPLIERS..........24 6.9.1 Obligation to Supervise and Manage Contractor Organization ................24 6.9.2 No Contractual Relationship With Owner.................................................25 6.9.3 Subcontract Limitations............................................................................25 6.10 PATENT FEES AND ROYALTIES ...........................................................25 6.11 PERMITS .................................................................................................25 6.11.1 NPDES PERMITS ....................................................................................26 6.12 LAWS AND REGULATIONS....................................................................26 6.13 TAXES......................................................................................................26 6.14 USE OF PREMISES.................................................................................26 6.15 PROJECT SITE MAINTENANCE AND INTERFERENCE WITH ADJACENT PROPERTY ...............................................................27 6.15.1 Cost of General Requirements in Contract Price .............. ......................27 6.15.2 Vehicle Load Limits ..................................................................................27 6.15.3 Work Outside the Work Site Area ............................................................27 6.15.4 Responsibilities for Damage.....................................................................27 6.16 CONTRACTOR'S DAILY REPORTS .......................................................27 6.17 SAFETY ...................................................................................................28 6.17.1 Safety Plan ...............................................................................................28 6.17.2 Safety Laws and Regulations...................................................................28 6.17.3 Safety Representative ..............................................................................28 6.17.4 Safety Orders ...........................................................................................28 6.17.5 Trench Shoring Plan.................................................................................28 6.17.6 Use of Explosives.....................................................................................28 6.17.7 Hazardous Communication Program .......................................................28 6.17.8 Safety Reporting.......................................................................................29 6.17.9 Engineer Safety Deficiency Report...........................................................29 6.18 EMERGENCY ..........................................................................................29 6.19 SHOP DRAWINGS AND SAMPLES . . . . 29 6.19.1 Shop Drawings .............................. .... . .. ............ .................................29 6.19.2 Samples ...................................................................................................29 6.19.3 Verify Field Measurements.......................................................................29 6.20 SUBMITTAL ACCEPTANCE....................................................................30 6.20.1 Design Engineer Review Scope and Limitation........................................30 6.20.2 Contractor's Responsibility Not Relieved by Approval..............................30 6.21 COMPLIANCE WITH ENGINEER ADMINISTRATIVE PROCEDURES ..30 6.22 CONTINUING THE WORK DURING DISPUTES ....................................30 6.22.1 Continue Work ..........:..............................................................................30 6.22.2 Direction To Proceed With Work..............................................................31 6.23 GENERAL WARRANTY AND GUARANTEE...........................................31 Recycled Water Conversion Bid Package No. 1 (Marbella) GENERAL CONDITIONS Table of Contents Page iv TABLE OF CONTENTS(Continued) Page ARTICLE 7 -WORK BY OTHERS AT THE SITE 7.1 OWNER'S RIGHT TO WORK AT SITE ...................................................32 7.2 CONTRACTORS REPORT ON DELAYS CAUSED BY OTHERS...........32 7.3 DAMAGE TO OTHERS CAUSED BY CONTRACTOR............................32 7.4 COORDINATION......................................................................................32 7.4.1 Coordination Responsibilities ...................................................................32 7.4.2 Coordination Delays .................................................................................32 7.5 REMEDY FOR DELAYS BY OTHERS.....................................................32 7.6 OUT OF SEQUENCE OR ACCELERATED WORK.................................33 ARTICLE 8 — NOT USED ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.1 PRESENCE ON SITE ..............................................................................34 9.2 CONTRACT DOCUMENT CLARIFICATIONS AND INTERPRETATIONS ................................. .....................................34 9.3 AUTHORIZED VARIATIONS IN WORK................ .. . .. .. . ............... ......34 9.4 DECISIONS ON DISPUTES ....................................................................34 9.5 ENGINEER LIABILITY FOR INTERPRETATION ....................................34 9.6 LIMITATION ON ENGINEER'S RESPONSIBILITIES ..............................35 9.6.1 No Duty Arising Out of Act or Decision.....................................................35 9.6.2 No Supervision Role.................................................................................35 9.6.3 Contractor Acts or Omissions...................................................................35 ARTICLE 10 - CHANGES IN THE WORK 10.1 CHANGES REQUESTED BY THE CONTRACTOR ................................36 10.1.1 Engineer Approval....................................................................................36 10.1.2 Specified Methods....................................................................................36 10.1.3 No Right to Change..................................................................................36 10.1.4 Request for Change Made in Good Faith.................................................36 10.2 OWNER'S RIGHT TO MODIFY WORK...................................................36 10.2.1 Requirements to Implement Directed Change .........................................36 10.2.2 Request For Proposal...............................................................................36 10.3 REQUIREMENT TO PROCEED WITH WORK........................................36 10.4 WORK NOT IN CONTRACT....................................................................37 10.5 CHANGE ORDER PROCESS..................................................................37 10.5.1 Owner-Ordered Changes .........................................................................37 10.5.2 Changes Due to Defective Work..............................................................37 10.5.3 Mutually Agreed Price/Time Changes......................................................37 10.6 NOTICE TO SURETY ..............................................................................37 10.7 ALLOWABLE QUANTITY VARIATIONS..................................................37 ARTICLE 11 - CHANGE OF CONTRACT PRICE 11.1 CONTRACT PRICE CHANGE .................................................................38 11.2 METHODS FOR DETERMINING ADJUSTMENTS IN CONTRACT PRICE.............................................................................38 11.2.1 Methods....................................................................................................38 11.2.2 Contractor's Overhead and Profit Limitation.............................................38 11.2.3 Subcontractor Mark Up.............................................................................38 11.2.4 Equipment Rental Rates ..........................................................................38 11.3 COST OF WORK (BASED ON TIME AND MATERIALS)........................39 11.3.1 General.....................................................................................................39 Recycled Water Conversion Bid Package No. 1 (Marbella) GENERAL CONDITIONS Table of Contents Page v TABLE OF CONTENTS(Continued) Page 11.3.2 Labor........................................................................................................39 11.3.3 Materials...................................................................................................39 11.3.4 Equipment................................................................................................40 11.3.5 Rental Equipment.....................................................................................40 11.3.6 Owned-Equipment....................................................................................41 11.3.7 Special Services.......................................................................................41 11.3.8 Excluded Costs ........................................................................................41 11.3.9 Contractors Extra Work Report ................................................................42 11.4 COSTS RELATING TO WEATHER DAMAGE ........................................42 11.5 WRITTEN JUSTIFICATION SUBSTANTIATING ADJUSTMENT............43 11.5.1 Contractor Initiated Change......................................................................43 11.5.2 Cost and Time Notice Requirements........................................................43 11.5.3 Proposal Form..........................................................................................43 11.5.4 Proposal Content......................................................................................43 11.5.5 Additions and Deletions............................................................................43 11.5.6 Requirements for Valid Proposal..............................................................43 11.5.7 Obligation of Surety..................................................................................43 11.5.8 Documentation .........................................................................................43 11.6 OWNER RIGHT TO DIRECT USE OF COMPETITIVE BID ....................44 ARTICLE 12 - CHANGE OF CONTRACT TIME 12.1 GENERAL ................................................................................................45 12.1.1 Contractor Request for Time Extension ...................................................45 12.1.2 Contractor Required Analysis...................................................................45 12.1.3 Owner's Right to Grant Time Extension ...................................................45 12.2 TIME IS OF THE ESSENCE ....................................................................45 12.3.1 Use of Float and Critical Path...................................................................45 12.3.2 Types of Delays Beyond the Contractor's and Owner's Control................................................................................45 12.3.3 Subcontractor Delays Within Contractor Control......................................45 12.4 TIME ONLY ENTITLEMENT....................................................................46 12.4.1 Entitlement ...............................................................................................46 12.4.2 No Damages ............................................................................................46 12.5 EXTENSIONS OF TIME FOR DELAY DUE TO WEATHER....................46 ARTICLE 13 -WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 13.1 TESTS AND INSPECTIONS....................................................................47 13.1.1 Access to Work for Testing and Inspection..............................................47 13.1.2 Cost of Inspection/Notice .........................................................................47 13.1.3 Right to Stop Work ...................................................................................47 13.2 CONTRACTOR INSPECTION AND TESTING RESPONSIBILITY..........47 13.2.1 Contractor Responsible............................................................................47 13.2.2 Contractor Pay for Inspections Required by Laws or Regulations ...........47 13.2.3 Contractor Pay for Testing of"Or Approved Equal"..................................47 13.2.4 Testing/Inspection Time In Schedule .......................................................48 13.3 COVERING WORK TO BE INSPECTED.................................................48 13.3.1 Covered Work Prior to Inspection or Testing............................................48 13.3.2 Covered Work Contrary to Written Request.............................................48 13.3.3 Engineer Right to Direct That Work Be Uncovered for Inspection or Testing...........................................................................48 13.4 OWNER MAY STOP THE WORK............................................................48 Recycled Water Conversion Bid Package No. 1 (Marbella) GENERAL CONDITIONS Table of Contents Page vi TABLE OF CONTENTS(Continued) Page 13.5 CORRECTION OR REMOVAL OF DEFECTIVE WORK.........................49 13.6 CORRECTION PERIOD...........................................................................49 13.7 WARRANTY AND GUARANTEE.............................................................50 13.7.1 General.....................................................................................................50 13.7.2 One Year Warranty Period .......................................................................50 13.7.3 Correction of Defective Work ...................................................................50 13.7.4 Early Completion ......................................................................................51 13.8 EXTENDED WARRANTIES AND GUARANTEES...................................51 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 BASIS FOR PAYMENT............................................................................52 14.2 PAYMENT................................................................................................52 14.2.1 Wasted or Rejected Material....................................................................52 14.2.2 Contractor Retains Ownership .................................................................52 14.2.3 Payment Does Not Affect Warranty .........................................................52 14.2.4 Stop Notice...............................................................................................52 14.3 APPLICATION FOR PROGRESS PAYMENT..........................................52 14.3.1 Payment Due Date...................................................................................52 14.3.2 Payment Application Content...................................................................52 14.3.3 Net Payment.............................................................................................52 14.3.4 Retention..................................................................................................53 14.3.5 Retainage From Payments.......................................................................53 14.3.6 Products Stored On and Off Site..............................................................53 14.4 CONTRACTOR'S WARRANTY OF TITLE...............................................53 14.5 REVIEW OF APPLICATIONS FOR PROGRESS PAYMENT..................53 14.5.1 Review of Application for Payment...........................................................53 14.5.2 Dispute Process .......................................................................................54 14.5.3 Payment Due............................................................................................54 14.5.4 Reduction in Payment ..............................................................................55 14.6 REJECT PAYMENT FOR DEFECTIVE WORK .......................................55 14.7 REJECTION OF PAYMENT BY OWNER ................................................55 14.8 SUBSTANTIAL COMPLETION ................................................................55 14.8.1 Contractor Notification.............................................. ...............................55 14.8.2 Inspection.................................................................................................56 14.8.3 Notice of No Substantial Completion........................................................56 14.8.4 Notice of Substantial Completion .............................................................56 14.8.5 Right to Exclude Contractor......................................................................56 14.9 PARTIAL UTILIZATION AND BENEFICIAL OCCUPANCY .....................56 14.9.1 Partial Utilization.......................................................................................56 14.9.2 Beneficial Occupancy...............................................................................56 14.9.3 Responsibility for Care and Maintenance.................................................56 14.9.4 Contractor Responsible for Completion....................................................56 14.10 FINAL INSPECTION ................................................................................56 14.11 FINAL APPLICATION FOR PAYMENT....................................................57 14.12 FINAL PAYMENT AND ACCEPTANCE...................................................57 14.12.1 Acceptance...............................................................................................57 14.12.2 Final Payment ..........................................................................................57 14.13 PARTIAL RELEASE OF RETENTION AT SUBSTANTIAL COMPLETION...........................................................57 14.14 WAIVER OF CLAIMS...............................................................................57 14.15 RELEASE OF RETAINAGE AND OTHER DEDUCTIONS ......................58 14.16 CONTRACTOR'S CONTINUING OBLIGATION ......................................58 Recycled Water Conversion Bid Package No. 1 (Marbella) GENERAL CONDITIONS Table of Contents Page vii TABLE OF CONTENTS(Continued) Page 14.17 TERMINATION OF LIABILITY OF OWNER.............................................58 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.1 SUSPENSION OF WORK BY OWNER...................................................59 15.2 ARCHAEOLOGICAL AND PALEONTOLOGICAL DISCOVERIES ..........59 15.2.1 Suspension of Work.................................................................................59 15.2.2 Types of Discoveries................................................................................59 15.2.3 Time Extension.........................................................................................59 15.3 TERMINATION OF AGREEMENT BY OWNER FOR CAUSE.................59 15.3.1 Notice of Intent to Terminate....................................................................59 15.3.2 Contractor Default....................................................................................59 15.3.3 Failure to Remedy....................................................................................60 15.3.4 Owner's Rights.........................................................................................60 15.4 RIGHTS OF OWNER PRESERVED........................................................60 15.5 TERMINATION OF AGREEMENT BY CONTRACTOR...........................60 15.5.1 Work Suspended for More Than 90 Days................................................60 15.5.2 Failure to Pay ...........................................................................................60 15.5.3 Claims ................................................................. .....................................60 ARTICLE 16 - DISPUTES 16.1 GENERAL ................................................................................................61 16.2 REQUESTS FOR CHANGE.....................................................................61 16.2.1 Contractor's Right to Request a Change..................................................61 16.2.2 Initial Determination..................................................................................61 16.2.3 Contractor Appeal ....................................................................................61 16.2.4 Final Determination ..................................................................................61 16.2.5 Claim ........................................................................................................61 16.2.6 Waiver of Rights.......................................................................................61 16.3 CLAIMS....................................................................................................61 16.3.1 Definition of Claim ....................................................................................61 16.3.2 Claim Arising Under the Contract.............................................................61 16.3.3 Period of Claim.........................................................................................62 16.3.4 Claim Certification Requirements.............................................................62 16.3.5 Progress Schedule Analysis.....................................................................62 16.4 CLAIM RESOLUTION PROCESS............................................................62 16.4.1 Owner Written Determination...................................................................62 16.4.2 Contractor Obligation to Proceed .............................................................62 16.5 VENUE.....................................................................................................62 16.5.1 State of California.....................................................................................62 16.5.2 County Where Owner's Headquarters Located........................................63 ARTICLE 17 - MISCELLANEOUS 17.1 CUMULATIVE REMEDIES.......................................................................64 17.2 TITLE TO MATERIALS FOUND ON SITE ...............................................64 17.3 RIGHT TO AUDIT ....................................................................................64 17.3.1 Owner's Right...........................................................................................64 17.3.2 Right Includes...........................................................................................64 17.3.3 Right to Inspect Plans ..............................................................................64 17.3.4 Extends to Subcontracts ..........................................................................64 17.3.5 Accounting Records ................................. ................................................64 17.4 NOT A LIMIT ON RIGHTS OR REMEDIES .............................................65 17.5 LIQUIDATED DAMAGES.........................................................................65 Recycled Water Conversion Bid Package No. 1 (Marbella) GENERAL CONDITIONS Table of Contents Page viii Section 00700 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS Notwithstanding any definition in the Standard Specifications, wherever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof. Where a word is capitalized in the definitions and is found uncapitalized in the Contract Documents it has the ordinary dictionary definition. Addenda - Written or graphic instruments issued prior to the opening of Bids which make additions, deletions, or revisions to the Contract Documents. Application for Payment - The form furnished by the ENGINEER which shall be used by the CONTRACTOR to request progress or final payments and which shall be accompanied by such supporting documentation as is required by the Contract Documents. 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. Beneficial Occupancy- Use by the OWNER of the entire Work prior to final acceptance. Bidder - Any individual, firm, partnership, Limited Liability Company (LLC), corporation, or combination thereof, submitting a Bid for the WORK, acting directly or through a duly authorized representative. Bid - The offer of the Bidder submitted on the prescribed form setting forth the price or prices for the Work. Bidding Documents - The advertisement, the Notice Inviting Bids, Instructions to Bidders, the Bid form, and the Contract Documents (including all Addenda issued prior to receipt of Bids). Bonds - Bid, Performance, and Payment Bonds and other instructions which protect against loss due to inability or refusal of the CONTRACTOR to perform its Contract. Change Order - A document recommended by the ENGINEER which is signed by the CONTRACTOR and the OWNER and authorizes an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Contract. City or CSJC - The City of San Juan Capistrano Claim - A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. Contract - The written contract between the OWNER and the CONTRACTOR covering the Work to be performed, including all other documents that are attached to the Contract and made a part thereof as provided therein. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700- 1 Contract Documents - The Notice Inviting Bids, Instructions to Bidders, Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all required certificates and affidavits), Contract, Performance Bond, Payment Bond, General Conditions, Supplementary General Conditions, Technical Specifications, Drawings, and all Addenda and Change Orders executed pursuant to the provisions of the Contract Documents. Contract Milestone - A principal event specified in the Contract Documents relating to an intermediate completion date of a portion of the Work or a period of time within which the portion of the Work should be performed prior to Substantial Completion of all the Work. Contract Price - The total monies payable by the OWNER to the CONTRACTOR under the terms and conditions of the Contract Documents. The total monies payable to the CONTRACTOR maybe increased or decreased by Change Orders during the performance of the Contract. Contract Time - The number of successive calendar days stated in the Contract Documents for the completion of the Work. CONTRACTOR - The individual, partnership, Limited Liability Company (LLC), corporation, joint-venture or other legal entity with whom the OWNER has entered the Contract. Council - The City Council for the City of San Juan Capistrano. Day - A calendar day of 24 hours measured from 12:00 a.m. to the next 11:59 p.m.. Defective Work - Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents; or that has been damaged by anyone other than OWNER prior to the ENGINEER's recommendation of final payment. Design Engineer(s) - The individual, partnership, corporation, joint-venture or other legal entity named as such in the Contract Documents or succeeding entity. Demobilization - The complete dismantling and removal by the CONTRACTOR of all of the CONTRACTOR's temporary facilities, equipment and personnel at the Work site. Drawings - The drawings, plans, maps, profiles, diagrams, and other graphic representations which indicate the character, location, nature, extent, and scope of the Work and which are referred to in the Contract Documents. Shop Drawings are not Drawings as so defined. Disputed Work - A dispute exists from the time the CONTRACTOR disagrees with a decision or determination made by the ENGINEER until the ENGINEER renders a final determination. If the issue is unresolved, it becomes a claim. ENGINEER - The term ENGINEER shall mean the person or firm appointed by the OWNER to undertake the duties and powers assigned to the ENGINEER by these Specifications acting directly or through authorized representatives. The term ENGINEER is referred to throughout the Contract Documents as if singular in number and masculine in gender, and means the ENGINEER or its authorized representative, including the ENGINEER's employees, agents, and consultants. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-2 Field Order- A written order issued by the ENGINEER which does not involve a change in the Contract Price or Contract Time or the intent of the Contract. Final Progress Payment- The last progress payment made to the CONTRACTOR for earned funds, less retainage as applicable, less deductions listed in Article 14. The CONTRACTOR is entitled to this payment when the Notice of Completion is issued. General Requirements - Division 1 of the Technical Specifications. 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. Holidays - The day upon which the OWNER is closed during normal business hours in observance of the following: New Year's Eve New Year's Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day Interfacing Work - Work which connects to, abuts, or meets with Work of another CONTRACTOR. Laws and Regulations (Laws or Regulations) -Any and all applicable laws, rules, regulations, ordinances, codes, and orders of all governmental bodies, agencies, authorities and courts having jurisdiction over the Work and the Work site. Lump Sum Work - Work paid on the basis of lump sum prices. Milestone- See Contract Milestone. Mobilization - The establishment by the CONTRACTOR of the temporary facilities, equipment and personnel at the Work site thereby enabling the Work to commence. Notice of Award - The written notice by the OWNER to the lowest responsible bidder stating that upon compliance with the conditions precedent enumerated therein within the time specified, the OWNER will enter a Contract. Notice of Completion - A form signed by the ENGINEER recommending to the OWNER that the Work is complete and fixing the date of completion. Notice to Proceed - The written notice issued by the OWNER to the CONTRACTOR authorizing the CONTRACTOR to proceed with the Work. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-3 OWNER—The City of San Juan Capistrano OWNER's Representative - The ENGINEER will be the OWNER's Representative during the construction period. Partial Utilization - Use by the OWNER of a substantially completed part of the Work for the purpose for which it is intended prior to Substantial Completion of all the Work. (See Beneficial Occupancy) PCB's - Polychlorinated biphenyls. Petroleum - Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60° 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 Wastes and crude oils. Project - The total construction of which the Work to be provided under the Contract Documents may be the whole or a part as indicated elsewhere in the Contract Documents. 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. Retainage or Retention - The amount stipulated in the Contract Documents to be withheld from each Progress Payment or a certified security of equivalent value deposited with the OWNER. Request for Information (RFI) - The standardized form furnished by the OWNER for the CONTRACTOR's use when making written requests for information to the ENGINEER, and upon which the response will be answered and returned. Request for Proposal (RFP) - The standardized form used by the ENGINEER to request a proposal from the CONTRACTOR for proposed changes in the Work. 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. Safety - Safety includes health and security. Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for the CONTRACTOR and submitted by the CONTRACTOR to illustrate some portion of Work and all illustrations, brochures, standard schedules, performance charts, instructions, and diagrams to illustrate material or equipment for some portion of the Work. Specialist- A Specialist is defined as: A. A person, partnership, Limited Liability Company (LLC), firm, or corporation of established reputation (or if newly organized, whose personnel have previously established a reputation in the same field), which is regularly engaged in, and which maintains a regular force of workers skilled in either (as applicable) CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-4 manufacturing or fabricating items required by the Contract Documents, or otherwise performing Work required by the Contract Documents. B. Where the Specifications require the installation by a Specialist, that term shall also be deemed to mean either the manufacturer of the item, a person, partnership, LLC, firm, or corporation licensed by the manufacturer, or a person, partnership, firm, or corporation who will perform the Work under the manufacturer's direct supervision. Specifications - The Specifications include the Bidding Requirements (Notice Inviting Bids, Instruction to Bidders, Bid Forms) , the Contract Forms, the Conditions of the Contract (General, Supplementary, and other Conditions), and the Divisions and Sections of the Technical Specifications. Standard Specifications — Standard Specifications for Public Works Construction (Greenbook), latest edition. Submittals - The information which is specified for submission to the ENGINEER in accordance with Article 6 of the General Conditions. Subcontractor - An individual, partnership, LLC corporation, joint-venture or other legal entity having a direct contract with the CONTRACTOR or with any other Subcontractor for the performance of a part of the Work. Substantial Completion - When the Work has progressed to the point where, in the opinion of the ENGINEER as evidenced by Notice of Substantial Completion as applicable, it is sufficiently complete, in accordance with the Contract Documents, so that the Work can be utilized for the purposes for which it is intended, after demonstration of the Work's operation, completion of CONTRACTOR-provided training (where applicable) and completion and submittal of manuals (where applicable). Supplementary General Conditions - The part of the Contract Documents which make additions, deletions, or revisions to these General Conditions. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor of goods, supplies, fixtures, and equipment used in the work or project. Technical Specifications - The Contract Documents divided into Divisions consisting of the General Requirements and written technical descriptions of products and execution of the Work. Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. Unit Price Work - Work paid on the basis of unit prices. Work - The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing, or furnishing labor and furnishing and incorporating materials and equipment into the CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-5 construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. Work Change Directive - A written directive to CONTRACTOR, issued on or after the Effective Date of the Contract and recommended by ENGINEER and signed by OWNER ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen 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 directed 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 Time. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-6 ARTICLE 2 - PRELIMINARY MATTERS 2.1 DELIVERY OF BONDS/INSURANCE CERTIFICATES When the CONTRACTOR delivers the signed Contract to the OWNER, the CONTRACTOR shall simultaneously deliver to the OWNER such Bonds, insurance policies, certificates and endorsements as the CONTRACTOR may be required to furnish in accordance with the Contract Documents. 2.2 COPIES OF DOCUMENTS The OWNER shall furnish to the CONTRACTOR one copy of the signed Contract, along with three sets of Specifications and full scale Drawings. Upon written request by the CONTRACTOR, OWNER will furnish additional quantities of the Contract Documents at its cost to reproduce them. 2.3 COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED The Contract Times will commence on the date stated in the Notice to Proceed except in the case where the Notice inviting Bids indicates that the Contract Time is from the Notice of Award. In the latter case, the contract time begins on the date of the Notice of Award. 2.4 STARTING THE WORK CONTRACTOR shall begin to perform the Work within 10 days after the commencement date stated in the Notice to Proceed, but no Work shall be done at the Work site prior to said commencement date. In addition, CONTRACTOR shall satisfy any requirements in the Supplemental General Conditions prior to actually beginning the Work. 2.5 CONTRACTOR MUST STUDY CONTRACT DOCUMENTS Before undertaking each part of the Work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The CONTRACTOR shall promptly report in writing to the ENGINEER any conflict or error, or seek clarification from the ENGINEER before proceeding with any Work affected thereby. 2.6 PRELIMINARY SCHEDULES AND INITIAL ACCEPTANCE OF SCHEDULES 2.6.1 Preliminary Schedules - Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for 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 Submittals; 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 CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-7 payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.6.2 Initial Acceptance of Schedules - At least 10 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 the schedules submitted in accordance with Paragraph 2.6.1. CONTRACTOR shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. 1. The Progress Schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to completion within 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 responsibility therefor. 2. CONTRACTOR's Schedule of 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. 2.7 PRE-CONSTRUCTION CONFERENCE The CONTRACTOR is required to attend a pre-construction conference. This conference will be attended by the ENGINEER and others as appropriate in order to discuss the Work in accordance with the applicable procedures specified in the General Requirements. 2.8 SUBCONTRACTOR MOBILIZATION MEETING Prior to the start of each major Subcontractor's Work, the CONTRACTOR, that Subcontractor and the ENGINEER shall attend a pre-start meeting to discuss schedule, coordination, procedures, and other administrative issues. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-8 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.1 INTENT The Contract Documents comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. 3.2 INTENT OF WORK TO BE FUNCTIONALLY COMPLETE 3.2.1 Work to be Complete - It is the intent of the Contract Documents to describe the Work which is to be constructed in accordance with the provisions of the Contract. Any work, 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 shall be supplied whether or not specifically called for or identified in the Contract Documents. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe work, materials, or equipment such words or phrases shall be interpreted in accordance with that meaning unless a definition has been provided in Article 1 of the General Conditions. 3.2.2 Necessary Utilities - If utilities for equipment or fixtures are not shown but are necessary to operate the equipment or fixtures, the installation of those utilities shall be deemed part of the Work. 3.3 CLARIFICATIONS AND INTERPRETATIONS OF THE CONTRACT DOCUMENTS 3.3.1 Reference to Standards - Reference to standards, manuals, or codes of any technical society, organization, or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest edition of standards, manual, code, or Laws or Regulations in effect at the time of opening of Bids, except as may be otherwise specifically stated. 3.3.2 Discovery of Problem - If, during the performance of the Work, the CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any such standard specification, manual or code or of any instruction of any supplier, the CONTRACTOR shall report it to the ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby, except in an emergency, unless otherwise directed by the ENGINEER in writing. Any work performed by the CONTRACTOR that is not directed by the ENGINEER shall be at CONTRACTOR's own risk and cost. 3.3.3 Order of Precedence of the Drawings - With reference to the Drawings, the order of precedence is as follows: 1. Addenda and change order drawings govern over Contract Drawings 2. Contract Drawings govern over standard drawings 3. Figures govern over scaled dimensions 4. Detail drawings govern over general drawings CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-9 3.3.4 Order of Precedence of Contract Documents - In resolving conflicts resulting from errors, discrepancies, ambiguities, or inconsistencies in any of the Contract Documents, the order of precedence shall be as follows: 1. Permits from other agencies as may be required by law. 2. Change orders 3. Contract 4. Addenda 5. The Bid 6. Supplementary General Conditions 7. General Conditions 8. Technical Specifications 9. Drawings 10. Standard Drawings of the City of San Juan Capistrano 11. Standard Specifications (Greenbook) 12. Notice Inviting Bids 13. Instructions to Bidders 3.4 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS 3.4.1 Amending Contract Documents - The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order pursuant to Article 10. 3.4.2 Supplementing Contract Documents - The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized by: 1. A Field Order issued by the ENGINEER or, 2. ENGINEER's approval of a shop drawing or sample pursuant to Article 6 or, 3. ENGINEER's written interpretation or clarification. 3.5 REUSE OF DOCUMENTS Neither the CONTRACTOR, nor any Subcontractor or Supplier, nor any other person or organization performing any of the Work under the Contract with the OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Technical Specifications, or other documents used on the Work, and they shall not reuse any of them on the extensions of the Project or any other project without written consent of the OWNER. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-10 ARTICLE 4 -AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 AVAILABILITY OF LANDS The OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, if necessary, and such other lands which are designated for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the OWNER, unless otherwise provided in the Contract Documents. Nothing contained in the Contract Documents shall be interpreted as giving the CONTRACTOR exclusive occupancy of the lands, rights-of-way, or easements provided. The CONTRACTOR shall provide, at no additional cost, for all additional lands and access thereto that may be required for temporary construction facilities, borrow areas, or storage of materials and equipment, provided that the CONTRACTOR shall not enter or use any property not under the control of the OWNER until a written temporary construction easement has been executed by the CONTRACTOR and the property OWNER, and a copy of said easement furnished to the ENGINEER prior to said use; and, the OWNER shall not be liable for any claims or damages resulting from the CONTRACTOR's unauthorized trespass or authorized use of any such properties. 4.2 RELIANCE ON REPORTS AND DRAWINGS OF PHYSICAL SITE CONDITIONS 4.2.1 Reports and Drawings - Reference is made to the Supplementary General Conditions for identification of: a. Subsurface Condition Reports. No reports of explorations and tests of subsurface conditions at or contiguous to the Work site that have been utilized by the ENGINEER in preparing the Contract Documents; and b. Drawings of Existing Structures. Reference is made to the Supplementary General Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Utilities referred to in Article 4 herein) which are at or contiguous to the Work site that have been utilized in the preparation of the Contract Documents. 4.2.2 Limited Reliance by the CONTRACTOR on the Technical Data - The CONTRACTOR may rely on the accuracy of the technical data contained in such drawings or reports; however, non-technical data, interpretations, and opinions contained in such drawings or reports shall not be relied on by the CONTRACTOR. The CONTRACTOR may not rely on or make any claims against OWNER with respect to: a. The completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or b. Other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings, or CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700- 11 C. CONTRACTOR's interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.3 DIFFERING SITE CONDITIONS If the CONTRACTOR believes that there is any subsurface or physical condition at or contiguous to the Work site that is uncovered or revealed and such condition: 4.3.1 Inaccurate OWNER Documents - is of such a nature that any "technical data" on which the CONTRACTOR is entitled to rely as provided in Paragraph 4.2.1 above is materially inaccurate, or 4.3.2 Requires Change - is of such a nature requires a change in the Contract Documents, or 4.3.3 Materially Different From Contract- differs materially from that shown or indicated in the Contract Documents, or 4.3.4 Materially Different From Conditions Originally Encountered - is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character described in the Contract Documents, CONTRACTOR shall promptly notify ENGINEER in writing of such opinion or belief; then 4.3.6 OWNER Responsibility — Upon receipt of such written notice, OWNER shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, and cause a decrease or increase in the CONTRACTOR's cost of, or the time required for, performance of any part of the Work, shall issue a Change Order under the procedures described in Article 10. If the OWNER determines that there is no change or it is a minor change which does not impact time or cost, the OWNER shall notify the CONTRACTOR in writing of this finding within 30 days after receipt of the CONTRACTOR's Request for Change. 4.3.6 Disallowance of Entitlement - The CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Time if: a. the CONTRACTOR knew of the existence of such conditions at the time the CONTRACTOR made a final commitment to the OWNER in respect of Contract Price and Contract Time by the submission of a bid or the signing of the 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 Work site and contiguous areas suggested or required by the Bidding Documents; or C. the CONTRACTOR failed to give the written notice within the time specified by Article 3. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700- 12 4.4 UNDERGROUND UTILITIES 4.4.1 Utilities Indicated - The information and data indicated in the Contract Documents with respect to existing underground utilities at or contiguous to the Work site are based on information and data furnished to the OWNER or by the owners of such underground utilities or by others. Unless it is expressly provided in the Supplementary General Conditions or the General Requirements, OWNER shall not be responsible for the accuracy or completeness of any such information or data, and the CONTRACTOR shall have full responsibility for reviewing and investigating all such information, conditions and data; for locating all underground utilities indicated in the Contract Documents; for coordination of the Work with the owners of such underground utilities during construction; for the safety and protection thereof and repairing any damage thereto resulting from the Work; the cost of which will be considered as having been included in the Contract Price. 4.4.2 Utilities Not Indicated - If an underground utility is uncovered or revealed at or contiguous to the Work site which was not indicated in the Contract Documents and which the CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall identify the owner of such underground utility and give written notice thereof to that owner and notify the ENGINEER in accordance with the requirements of the General Conditions and General Requirements hereof. 4.4.3 Action Prior to Starting Work - At least 2 full working days prior to commencing any excavation, CONTRACTOR shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. 4.4.4 Locate Utilities — CONTRACTOR shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. Full compensation for such work shall be considered as included in the CONTRACTOR's bid price. 4.4.5 Protection of Utilities — CONTRACTOR shall not interrupt the service function or disturb the support of any utility, without authority from the OWNER or order from the utility owner. CONTRACTOR shall maintain all valves, switches, vaults, and meters readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans, unless otherwise provided, CONTRACTOR shall furnish and place the necessary protection at CONTRACTOR's sole expense. 4.4.6 Notification Requirements If Utility Disturbed — CONTRACTOR shall immediately notify the ENGINEER and utility owner if any utility is disturbed or damaged and pay the costs of repair or replacement of any utility damaged by the CONTRACTOR. No additional payment for those costs will be made by OWNER. 4.4.7 Removal of Abandoned Utilities - Unless otherwise specified, CONTRACTOR shall remove all interfering portions of utilities shown on the Plans or indicated in the Contract Documents as "abandoned". Before starting removal operations, CONTRACTOR shall ascertain from the utility owner whether the abandonment is complete. The costs involved in the removal and disposal shall be included in the price for the item of work necessitating such removals. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700- 13 4.4.8 Relocation of Utilities a. When the Plans or Specifications provide for the CONTRACTOR to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the bid. b. Temporary or permanent relocation or alteration of utilities requested by the CONTRACTOR for its convenience shall be its responsibility, and the CONTRACTOR shall make all arrangements and bear all costs in connection therewith. C. If, after award of the Contract, portions of utilities not indicated in the Contract Documents are found to interfere with the Work may be relocated, altered or reconstructed by the utility owner, or the ENGINEER may order changes in the Work to avoid such interference. Such changes will be paid for in accordance with Article 10. 4.4.9 Delays a. CONTRACTOR shall promptly notify in writing the utility owner and the ENGINEER, no later than three (3) calendar days after discovery, of CONTRACTOR's construction schedule and any subsequent changes in the construction schedule which will affect the time available for protection, removal or relocation of utilities. b. CONTRACTOR is not entitled to damages or additional payment from OWNER for delays attributable to utility relocations or alterations if correctly located, as noted in the Contract Documents. C. At no cost to the OWNER, the CONTRACTOR may be given a "no cost" extension of time for unforeseen delays attributable to unreasonably protracted interferences by others in the relocations of utilities. 4.4.10 Access to the Work - When necessary, CONTRACTOR shall conduct operations to permit access to the Work site and provide time for utility work to be accomplished during normal work hours during the progress of the Work. 4.5 REFERENCE POINTS 4.5.1 Bench Mark - The ENGINEER will provide one bench mark near or on the site of the Work, and will provide two points near or on the site to establish a base line for use by the CONTRACTOR for alignment control. Unless otherwise specified in the General Requirements, the CONTRACTOR shall furnish all other lines, grades, and bench marks required for proper execution of the Work. 4.5.2 Protection of Bench Marks — CONTRACTOR shall preserve all bench marks, stakes, and other survey marks and, in case of their removal or destruction by any one, accurately replace such reference points by personnel qualified under Division 3, Chapter 15 of the California Business and Professions Code. Notify the ENGINEER whenever a reference point is lost, destroyed, or requires relocation. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700- 14 4.6 ASBESTOS, PCB'S, PETROLEUM, HAZARDOUS WASTE OR RADIOACTIVE MATERIAL 4.6.1 OWNER Responsibility - The OWNER shall be responsible for any hazardous material which includes Hazardous Substances and Hazardous Waste uncovered or revealed at the site which was not identified in the Contract Documents to be within the scope of the work. The OWNER shall not be responsible for any such materials brought to the site by the CONTRACTOR, Subcontractors, Suppliers or anyone else for whom the CONTRACTOR is responsible. 4.6.2 CONTRACTOR's Responsibility - When such hazardous materials are encountered, CONTRACTOR shall immediately stop all Work in connection with such hazardous materials in any area affected thereby (except in an emergency as required by Article 6), and notify the OWNER in writing, The OWNER shall promptly evaluate such hazardous materials and take corrective action. The CONTRACTOR shall not be required to resume Work in any such affected area until after the OWNER has delivered to the CONTRACTOR written notice specifying that such condition and any affected area has been rendered safe for the resumption of Work, or specifying any special conditions under which such Work may be resumed safely. 4.6.3 Dispute - If after receipt of such written notice CONTRACTOR does not agree to resume work based on a reasonable belief it is unsafe, or does not agree to resume work under such special conditions, then OWNER may order such portion of the Work that is in connection with such hazardous materials or in such affected area to be deleted from the Work. The OWNER may have such deleted portion of the Work performed by the OWNER's own forces or others in accordance with Article 7. If the OWNER and the CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Time as a result or work stoppage or of deleting such portion of the Work, then either party may make a claim as provided in Article 16. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700- 15 ARTICLE 5 - BONDS AND INSURANCE 5.1 PERFORMANCE, PAYMENT AND OTHER BONDS 5.1.1 CONTRACTOR shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of CONTRACTOR's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Article 13, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other bonds as are required by the Contract Documents. 5.1.2 All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. 5.1.3 If the surety on any bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Article 5.1.2, CONTRACTOR shall promptly notify OWNER and ENGINEER and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Article 5.1 and 5.2. 5.2 LICENSED SURETIES AND INSURERS 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. 5.3 CERTIFICATES OF INSURANCE 5.3.1 CONTRACTOR shall deliver to OWNER, with copies to each additional insured identi- fied 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. 5.3.2 OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary 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. 5.3.3 CONTRACTOR shall provide evidence of its insurance coverage on the ACORD certificate of insurance form and shall include the following statement in its entirety in the section of the form entitled "Description of Operations/LocationsNehicles/Special Items". The City of San Juan Capistrano and its Design Engineer, and their officers, directors, partners, employees and other consultants and subcontractors are named as additional insureds with CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-16 respect to the insured's Commercial General Liability and Automobile Liability Insurance Policies. All insurers waive all rights of subrogation against The City of San Juan Capistrano and its Design ENGINEER, their officers, directors, partners, employees and other consultants and subcontractors. All insurance is primary for all claims covered thereby. Commercial General Liability Insurance includes contractual liability coverage. 5.4 CONTRACTOR'S LIABILITY INSURANCE 5.4.1 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 per- formed 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, which include but are not limited to: A. claims under workers' compensation, disability benefits, and other similar employee benefit acts; B. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; C. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; D. claims for damages insured by reasonably available personal injury liability coverage which are sustained: 1. by any person as a result of an offense directly or indirectly related to the em- ployment of such person by CONTRACTOR, or 2. by any other person for any other reason; E. 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 F. 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. 5.4.2 The policies of insurance required by this Article 5.4 shall: A. with respect to the insurance required by Article 5.4.1.0 through 5.4.1.F inclusive provide primary coverage for all claims covered thereby. With respect to insurance required by Article 5.4.1.F include as additional insured OWNER and ENGINEER, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds; B. 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; CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700- 17 C. include completed operations insurance; D. include contractual liability insurance covering CONTRACTOR's indemnity obligations under Article 6; E. contain a provision or endorsement that the coverage afforded will not be canceled, 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 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 Article 5.3 will so provide); F. remain in effect at least until final payment hereunder and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective Work in accordance with Article 13; and G. 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. a. 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. H. CONTRACTOR may purchase and maintain excess liability insurance in the umbrella form in order to satisfy the minimum amounts required for the insurance to be purchased and maintained in accordance with Article 5.4. Evidence of such excess liability insurance shall be delivered to OWNER in accordance with the form of a certificate indicating the policy numbers and minimum coverage amounts of all underlying insurance. The umbrella liability insurance shall have a combined single limit of not less than $2,000,000. I. All polices required by this Article 5.4 shall contain provisions to the effect that the insurer(s) waive all right of subrogation against the OWNER, ENGINEER and their officers, directors, partners, employees and other consultants and subcontractors of each and any of them. J. Deductibles or self-insured retentions shall not exceed $1,000,000 for any of the policies required under Article 5.4. The risk of loss within such deductible or self-insured retention shall by the responsibility of the CONTRACTOR. 5.5 OWNER'S LIABILITY INSURANCE 5.5.1 CONTRACTOR shall purchase and maintain a separate OWNER's Protective Liability policy, issued to OWNER at the expense of CONTRACTOR, including OWNER and ENGINEER as named insureds. This insurance shall provide coverage for not less than the following amounts: a. Obtain and maintain a commercial general liability policy in an amount of not less than $2,000,000, naming the Rancho Madrina, Estates at San Juan Capistrano, and San Juan Hills Estates as an additional insured. For all purposes pertaining to this agreement, CONTRACTOR'S commercial general liability policy shall be the primary policy and OWNER'S liability policy shall be secondary. Such policy shall CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-18 be provided by CONTRACTOR to OWNER prior to CONTRACTOR commencement of work and services pursuant to this agreement. 5.5.2 All polices required by this Article 5.5 shall contain provisions to the effect that the insurer(s)waive all rights of subrogation against the OWNER, ENGINEER and their officers, directors, partners, employees and other consultants and subcontractors of each and any of them. 5.6 ACCEPTANCE OF BONDS AND INSURANCE; OPTION TO REPLACE If OWNER has any objection to the coverage afforded by or other provisions of the insurance policies required to be purchased and maintained by CONTRACTOR in accordance with this Article 5 on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with Article 2. CONTRACTOR shall provide such additional information in respect of insurance provided by CONTRACTOR as OWNER may reasonably request. 5.7 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 Article 14, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Article 5 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorse- ment 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. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700- 19 ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6.1 RESPONSIBILITY OF CONTRACTOR TO PERFORM Unless otherwise specified in the Contract Documents, CONTRACTOR shall furnish and assume full responsibility for providing all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up, and completion of the Work. Such support that may need to be provided after normal working hours shall be provided by the CONTRACTOR at its sole expense. 6.2 MATERIAL AND EQUIPMENT All materials and equipment to be incorporated into the Work 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 the OWNER. If required by the ENGINEER, furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer and/or supplier except as otherwise provided in the Contract Documents; but no provisions of any such instructions will be effective to assign to the ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work. 6.3 SUPERVISION, SUPERINTENDENCE AND QUALITY CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention 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 and safety precautions and programs incidental thereto. Be responsible to see that the completed Work complies accurately with the Contract Documents. It shall also be solely responsible for the quality of the Work. 6.4 SUPERINTENDENT 6.4.1 Written Designation of Superintendent — CONTRACTOR shall designate in writing and keep on the work site at all times during the Work a technically qualified, English- speaking superintendent and an alternate who are employees of the CONTRACTOR and who will not be replaced without immediate written notice to the ENGINEER. The superintendent shall be the CONTRACTOR' representative at the site and shall have authority to act on behalf of the CONTRACTOR. All communications given to the superintendent shall be as binding as if given to the CONTRACTOR. CONTRACTOR shall issue all its communications to the ENGINEER, 6.4.2 Superintendent's Presence at Site - The CONTRACTOR's superintendent or alternate shall be present at the site of the Work at all times while Work is being performed, and shall be available by phone for emergencies 24 hours per day, 7 days per week. Failure to observe this requirement shall be considered suspension of the CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-20 Work by the CONTRACTOR until such time as the superintendent is again present at the site. 6.4.3 Removal of Superintendent - Upon written notice the OWNER may require replacement of the CONTRACTOR's superintendent for cause or if deemed detrimental to the project, in which case the CONTRACTOR shall submit a replacement superintendent subject to approval by the OWNER, at no increase in Contract Price or Contract Time. 6.5 LABOR CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. It shall immediately remove from the Work any person employed, who is found to be incompetent, intemperate, troublesome, disorderly or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, and do not re-employ that person on the Work. CONTRACTOR shall furnish, erect, maintain, and remove the construction plant and any temporary works as may be required. It shall also at all times maintain good discipline and order at the site, and do not permit the use or consumption of controlled substances or alcoholic beverages at the site. 6.5.1 No Additional Compensation for Overtime - Except. as otherwise provided in this Article, the CONTRACTOR shall receive no additional compensation for overtime Work (i.e., work in excess of 8 hours in any one calendar day or 40 hours in any one calendar week), even though such overtime Work may be required under emergency conditions and may be ordered by the ENGINEER in writing. OWNER will pay additional compensation to the CONTRACTOR for overtime Work only in the event extra Work is ordered by the ENGINEER, and the Change Order specifically authorizes the use of overtime Work and then only to such extent as overtime wages are regularly being paid by the CONTRACTOR for overtime Work of a similar nature in the same locality. 6.5.2 Approval Required to Work Outside Normal Work Hours - Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, CONTRACTOR shall perform all Work at the site during regular working hours, and do not permit overtime work or the performance of work on Saturday, Sunday, or any holiday observed by the OWNER, without the OWNER's written consent. It shall apply for this consent through the ENGINEER. The ENGINEER shall approve working on holidays, weekends, or overtime, at no additional cost to the OWNER if such work was requested by the CONTRACTOR. CONTRACTOR shall reimburse the OWNER for all costs to provide inspection services required to monitor the holiday, weekend or overtime work. The OWNER shall charge its direct hourly cost plus the OWNER's overhead cost to CONTRACTOR, and a deductive change order will be written and CONTRACTOR shall sign it to cover this cost. 6.6 PROGRESS SCHEDULE CONTRACTOR shall adhere to the progress schedule established in accordance with the General Requirements as it may be adjusted from time to time as provided below: 6.6.1 Non-Impacting Adjustments — CONTRACTOR shall submit to the ENGINEER for acceptance proposed adjustments in the progress schedule that will not change the CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-21 Contract Times (or Milestones). Such adjustments shall conform generally to the progress schedule then in effect and additionally shall comply with any provisions of the General Requirements applicable thereto. 6.6.2 Revisions to Milestones — CONTRACTOR shall submit proposed revisions in the progress schedule that will change the Contract Times (or Milestones) 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 of the General Conditions. 6.7 SUBSTITUTES OR "OR APPROVED EQUAL" ITEMS CONTRACTOR shall submit proposed substitutes of"or approved equal" items in accordance with the General Conditions or Supplementary General Conditions. 6.7.1 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, such Specification or description is intended to establish the type, function and quality required. Whenever one or more manufacturers of an item of material or equipment is mentioned in the technical specifications, add the words "or approved equal' after the listed manufacturers or suppliers will permit CONTRACTOR to furnish an equal substitute item. If the manufacturer's name is followed by words reading "no approved equal or substitute products will be accepted" or similar wording, no equal or substitute product may be used. Unless the Specification or description contains or is followed by words reading that no like, equivalent or "approved equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by the OWNER under the following circumstances: A. "Approved Equal": If in the OWNER's sole discretion an item of material or equipment proposed by CONTRACTOR is equivalent to or better than the product named in the specifications and form, function, performance, reliability, quality, features, materials of the construction, operation and maintenance cost, static and dynamic loads, general dimensional configuration, size, weight, and appearance to that named and sufficiently similar so that no change in related work will be required, it may be considered by OWNER as an "approved equal" item In such case the review and approval of the proposed item may, in OWNER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. B. Substitute Items: If in OWNER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "approved equal" item prior to award of the Contract, then the OWNER may, at its sole option, consider the item as a proposed substitute item. The parties acknowledge that the substitute is not "an equal" and, as a result, if the OWNER accepts a substitute, then a deductive Change Order may be necessary. CONTRACTOR shall submit sufficient information as provided below to allow OWNER to determine that the item of material or equipment is essentially equivalent to that named and an acceptable substitute. The procedure for review by OWNER shall include the following as OWNER may determine is appropriate under the circumstances. A request for review of proposed substitute items of material or equipment will not be accepted by CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-22 OWNER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to the OWNER for acceptance thereof, certifying that the substitute 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 shall state; 1) the extent, if any, to which the evaluation and acceptance of the substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time; 2) whether or not acceptance of the substitute for use in the work will require change in any of the Contract Documents to adapt the design to the substitute and; 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. All variations of the substitute from that specified shall be identified in the application together with available maintenance, repair and replacement service indicated. The application shall also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign as well as the claims of other CONTRACTORs affected by the resulting change, all of which will be considered by OWNER in evaluating the substitute. OWNER may require CONTRACTOR to furnish such additional data about the substitute as it deems necessary and appropriate. C. CONTRACTOR's expense: All data to be provided by CONTRACTOR in support of any proposed "approved equal" or substitute item shall be at CONTRACTOR's sole expense. 6.7.2 OWNER shall be allowed a reasonable time within which to evaluate each submittal made pursuant to Paragraphs 6.7.1A, 6.7.1B, and 6.7.1C. The OWNER shall be the sole judge of acceptability. No "approved equal" shall be ordered, installed or utilized without OWNER's prior written acceptance which will be evidenced by a Change Order or a reviewed and approved Shop Drawing. No substitute shall be ordered, installed, or utilized without OWNER's prior written acceptance, which will be evidenced by a Change Order. OWNER may require CONTRACTOR to furnish at CONTRACTOR's sole expense a special performance guarantee or other surety with respect to any "approved equal" or substitute. ENGINEER will record the time required by ENGINEER and/or other consultants in evaluating substitutes submitted by CONTRACTOR in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project). Whether or not OWNER accepts a substitute item submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for charges of ENGINEER and/or consultants for evaluating each proposed substitute item. 6.7.3 Submittal by CONTRACTOR to provide an "approved equal" shall be made to OWNER ten (10) days prior to Contract award. Submittal by CONTRACTOR to provide a substitute shall be made to OWNER within fifteen (15) days after the date of bid opening. Further, CONTRACTOR agrees that these submittals create a risk that the materials or equipment may not meet the specified functional and performance requirements and create a risk associated with potentially unproven products. Risk arises due to unknown evaluation results relating to reliability and durability, and responsiveness and support capability of supplier. Limited time is available to review and accept an "approved equal" or substitute during construction as compared to time available during design. CONTRACTOR agrees, therefore, that acceptance of an "approved equal" or substitute does not relieve CONTRACTOR from the responsibility CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-23 for meeting specified functional and performance requirements. CONTRACTOR shall pay all costs necessary to ensure the "approved equal" or substitute meets specified functional and performance requirements and will operate trouble free. 6.8 PROJECT SITE COORDINATION 6.8.1 Work by Others — CONTRACTOR shall be responsible for ascertaining the nature and extent of any simultaneous, collateral and essential work by others as described in the General Requirements. 6.8.2 Coordination of Work - The OWNER, the CONTRACTOR, their respective workers, CONTRACTORs, and others shall cooperate to minimize interference. 6.8.3 Cost of Coordination — CONTRACTOR shall include in its Bid all costs involved as a result of coordinating its Work with others. The CONTRACTOR shall not be entitled to additional compensation from the OWNER for damages resulting from such simultaneous, collateral and essential Work. The CONTRACTOR's sole and exclusive remedy for damages caused by another CONTRACTOR shall be a direct action against such CONTRACTOR. If necessary to avoid or minimize such damage, or delay, CONTRACTOR shall re-deploy its work force to other parts of the Work. 6.8.4 Origination to Provide Access — CONTRACTOR shall give to each other CONTRACTOR and each utility owner (or the OWNER, if the OWNER is performing the additional work with the OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the performance of such Work. CONTRACTOR shall properly connect and coordinate the others'work with CONTRACTOR's work. 6.8.5 Obligation to Fit — CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be required to make its several parts come together properly and integrate with such other Work performed by others. 6.8.6 Obligation to Protect Property — CONTRACTOR shall not interfere with or endanger any work of others by butting, excavating, or otherwise altering their work and shall only cut or alter the work of others with the written consent of the ENGINEER and the others whose work will be affected. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-24 6.9 COORDINATION WITH SUBCONTRACTORS AND SUPPLIERS 6.9.1 Obligation to Supervise and Manage CONTRACTOR Organization — CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of subcontractors, suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all subcontractors, suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through the CONTRACTOR. All Work performed by a subcontractor or supplier shall be pursuant to an appropriate written 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. 6.9.2 No Contractual Relationship With Owner - Subcontractors and Suppliers have no contractual relationship with OWNER. Nothing contained in this Article shall create any contractual relationship between any subcontractor or supplier and the OWNER. Nor shall it relieve the CONTRACTOR of any liability or obligation under the Contract Documents. The CONTRACTOR shall include these General Conditions and the Supplementary General Conditions as a part of all agreements with its Subcontractors and Suppliers. 6.9.3 Subcontract Limitations - In addition to the provisions of Paragraph 6.9 of the General Conditions, the CONTRACTOR shall perform not less than 20 percent of the Work with its own forces (i.e., without subcontracting). The 20 percent requirement shall be understood to refer to Work, the value of which totals not less than 20 percent of the Contract Price. 6.10 PATENT FEES AND ROYALTIES 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 the OWNER, 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 the OWNER in the Contract Documents. 6.11 PERMITS Unless otherwise provided in the Supplementary General Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses from the agencies having jurisdiction, including the furnishing of insurance and bonds if required by such agencies. The enforcement of such requirements shall not be made the basis for claims for additional compensation. The OWNER shall assist the CONTRACTOR, only when necessary, in obtaining such permits and licenses. The CONTRACTOR shall pay all governmental charges and inspection fees necessary for the Work. The CONTRACTOR shall pay all charges of utility owners for connections to the Work. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-25 6.11.1 NPDES PERMITS - CONTRACTOR and its subcontractors shall comply with all Laws and Regulations and obtain such permits, licenses, and certificates required by all federal, state and local governmental authorities including but not limited to the national pollutant discharge elimination system (NPDES) permit issued to the City of San Juan Capistrano and any other NPDES permit to which CONTRACTOR's operations are subject. CONTRACTOR shall conduct all aspects of its operation so as to prevent all non-storm water discharges from entering the storm drain system and watercourses and to utilize applicable Best Management Practices to reduce the discharge of pollutants into the storm water to the maximum extent practicable. Discharges into the sanitary sewer system are prohibited unless CONTRACTOR first obtains a permit from the appropriate governmental agency for such discharge. CONTRACTOR shall include all costs related to compliance in its bid and no additional payment will be made for it. The CONTRACTOR shall implement the Best Management Practices (BMP) for water pollution control in conjunction with all its activities and construction practices related to this Work as outline in OWNER'S standard BMP's in Appendix A. 6.12 LAWS AND REGULATIONS CONTRACTOR shall observe and comply with all Laws and Regulations, which in any manner affect those engaged or employed on the Work, the materials used in the Work, or the conduct of the Work. If any discrepancy or inconsistency should be discovered in the Contract Documents in relation to any Law or Regulation immediately report the same in writing to the ENGINEER. All work required hereunder shall be done in full compliance with all applicable Laws and Regulations. Unless otherwise noted, the CONTRACTOR shall obtain all permits required by federal, state, county, or local governmental entities and shall pay all required fees therefor. Bidders shall possess the appropriate licenses at the time the bid is submitted. Each bidder shall record, on the bid, the number and termination dates of all necessary licenses. A valid state license, sufficient to qualify as the prime CONTRACTOR, is a pre-requisite for award of the Contract. Necessary City licenses may be secured after the bids are opened, but must be obtained prior to execution of the Contract. 6.13 TAXES CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. The City of San Juan Capistrano is not exempt from sales tax. Also, CONTRACTOR shall cooperate with the City of San Juan Capistrano in all matters relating to taxation and collection of taxes, particularly with respect to the self-accrual of use tax. Additional information regarding self-accrual is available from the City of San Juan Capistrano on request. 6.14 USE OF PREMISES CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the site, the land and areas identified in and permitted by the CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-26 Contract Documents, and the other land and areas permitted by Laws and Regulations, rights- of-way, permits, and easements as approved by the ENGINEER. Also, it shall assume the full financial responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. If any claim made against the OWNER by any such other owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim through arbitration or litigation. CONTRACTOR shall indemnify and hold harmless the City of San Juan Capistrano from any such claims by third parties. 6.15 PROJECT SITE MAINTENANCE AND INTERFERENCE WITH ADJACENT PROPERTY 6.15.1 Cost of General Requirements in Contract Price—CONTRACTOR shall comply with the General Requirements. All costs associated with this compliance shall be included in the bid price. 6.15.2 Vehicle Load Limits - When materials are transported in doing the Work, CONTRACTOR shall not load vehicles beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by Law or Regulation. When it is necessary to cross curbs, sidewalks, or drainage facilities, it shall protect them from damage. 6.15.3 Work Outside the Work Site Area- Despite the designation of a work site area or the indication of temporary fences or barricades, the provisions of the Contract Documents governing certain portions of the Work may require that certain operations be carried out beyond the work area. In those cases, trenching, utility work, site development, landscaping, shall be scheduled so as to create a minimum of inconvenience or disturbance to or interference with the normal operation of the abutting property owners and the public. CONTRACTOR shall obtain the ENGINEER's prior approval and all necessary approvals from other agencies, public entities, and abutting property owners for such operations. It shall perform such operations expeditiously and restore all premises affected to their original condition immediately upon completion of such operations, unless otherwise specified in the Contract Documents. All existing walks, roadways, paved or landscaped areas on which temporary driveways or walks are rerouted shall be restored to their original condition, immediately upon completion of those phases of the Work, unless otherwise specified in the Contract Documents. 6.15.4 Responsibilities for Damage - All damage, injury or loss to any person(s) or property caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable shall be restored by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the negligent acts or omissions of OWNER) at its sole cost. CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and the OWNER has issued a notice to the CONTRACTOR in accordance with Article 14 that the Work is complete. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-27 6.16 CONTRACTOR'S DAILY REPORTS CONTRACTOR shall complete a daily report indicating total manpower for each construction trade, major equipment on site, each Subcontractor's manpower, weather conditions, and any other items required by the ENGINEER; complete the daily report on forms provided by the ENGINEER, and submit them to the ENGINEER by 9:00 AM the following workday. The report must comment on the daily progress and status of the Work within each major component of the Work. These components will be determined by the ENGINEER. Submitting acceptable daily reports as required is a precondition to approval of the monthly progress payment. However, these reports shall under no circumstances be used to meet the notice requirements contained elsewhere in the General Conditions. 6.17 SAFETY 6.17.1 Safety Plan — CONTRACTOR shall comply with General Requirements provided by the ENGINEER. It shall submit a written safety plan to the ENGINEER prior to commencement of any work on site. Also, CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. 6.17.2 Safety Laws and Regulations — CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss and shall erect and maintain all necessary safeguards for such safety and protection. It shall notify owners of adjacent property and of underground facilities and utilities when performance of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. 6.17.3 Safety Representative — 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. 6.17.4 Safety Orders — CONTRACTOR shall have at the Work site, as applicable, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders, and General Industry Safety Orders issued by the State Division of Industrial Safety. 6.17.5 Trench Shoring Plan - Before excavating any trench 5 feet or more in depth, CONTRACTOR shall submit to the OWNER a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared and signed�by a California registered civil ENGINEER. No excavation shall start until the ENGINEER has accepted the plan and the CONTRACTOR has obtained a permit from the State Division of Industrial Safety. CONTRACTOR shall submit a copy of the permit to the ENGINEER and post it at the site. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-28 6.17.6 Use of Explosives - Explosives may be used only when authorized in writing by the ENGINEER, or as otherwise stated in the Specifications. CONTRACTOR, its employees, agents, and subcontractors shall handle, use, and store explosive in accordance with all Laws and Regulations. The ENGINEER's approval of the use of explosives shall not relieve the CONTRACTOR from liability for claims caused by blasting operations. 6.17.7 Hazardous Materials Communication Program a. CONTRACTOR shall notify employees when materials that contain Hazardous Substances or mixtures are used on the Work. It shall request a Materials Safety Data Sheet as described in Section 5194 of Title 8 of the California Code of Regulations from the manufacturer of any hazardous product used. b. Use of hazardous materials shall be accomplished with strict adherence to California Division of Industrial Safety requirements and compliance with all manufacturer's warnings and instructions listed on the Material Safety Data Sheet and on the product container label. C. 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, with copies to the ENGINEER. d. Unsafe Products. CONTRACTOR shall notify the ENGINEER if it considers a specified or required product or its intended usage to be unsafe prior to the product being ordered, or if provided by some other party, prior to the product being used or incorporated in the Work. 6.17.8 Safety Reporting a. CONTRACTOR shall prepare Weekly First Aid Logs and deliver this log to the ENGINEER within 3 days after the weekly reporting period. b. CONTRACTOR shall prepare Accident and Injury Reports and deliver this report to the ENGINEER within 24 hours after the injury or accident. 6.17.9 ENGINEER Safety Deficiency Report— CONTRACTOR shall respond to this report within two working days after notification explaining its corrective action and proposed schedule for this action. 6.18 EMERGENCY In emergencies affecting the safety or protection of persons of the Work or property at or adjacent to the site, CONTRACTOR, without special instruction or authorization from the ENGINEER, shall do what is within its power to prevent threatened damage, injury or loss. It shall give the ENGINEER prompt written notice if the CONTRACTOR believes that any significant changes in the Work have resulted because of the action taken in response to an emergency. If it is determined by the OWNER that a change is required, a change shall be authorized by Change Order. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-29 6.19 SHOP DRAWINGS AND SAMPLES 6.19.1 Shop Drawings - After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to the ENGINEER for review all shop drawings in accordance with the accepted schedule of Shop Drawings submittals specified in the General Requirements. 6.19.2 Samples — CONTRACTOR shall submit to the ENGINEER for review all samples in accordance with the accepted schedule of sample submittals specified in the General Requirements. 6.19.3 Verify Field Measurements - Before submittal of each shop drawing or sample, CONTRACTOR shall determine and verify all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar data and review or coordinate each shop drawing or sample with other shop drawings and samples and with the requirements of the Work and the Contract Documents. 6.20 SUBMITTAL ACCEPTANCE 6.20.1 ENGINEER Review Scope and Limitation - The ENGINEER will review and approve acceptable Shop Drawings and Samples. The 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. The 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. Make corrections required by the ENGINEER and return the required number of corrected copies of shop drawings and submit as required new samples for review and approval. Direct specific attention in writing to revisions other than the corrections called for by the ENGINEER on previous submittals. 6.20.2 CONTRACTOR's Responsibility Not Relieved by Approval - The ENGINEER's review and approval of shop drawings or samples shall not relieve the CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless the CONTRACTOR has in writing called the ENGINEER's attention to each such variation at the time of submission and the 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 the ENGINEER relieve the CONTRACTOR from responsibility for complying with the requirements of Article 6. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-30 6.21 COMPLIANCE WITH ENGINEER ADMINISTRATIVE PROCEDURES CONTRACTOR shall comply with all administrative procedures required by the OWNER including but not limited to daily reports, Requests for Proposal, safety reporting, notice requirements, payment procedures, submittal processing, attendance at weekly and special meetings, and others designated by the ENGINEER. 6.22 CONTINUING THE WORK DURING DISPUTES 6.22.1 Continue Work — CONTRACTOR shall perform the Work and adhere to the progress schedule during all disputes or disagreements with the OWNER. CONTRACTOR shall not delay or postpone Work pending resolution of any disputes or disagreements, except as the CONTRACTOR and the OWNER may otherwise agree in writing. 6.22.2 Direction To Proceed With Work - If the CONTRACTOR and the OWNER are unable to reach agreement on disputed work, the OWNER may direct the CONTRACTOR to proceed with the Work. Payment therefore shall be as later determined by Article 16. 6.23 GENERAL WARRANTY AND GUARANTEE Provide warranties and guarantees in accordance with Article 13. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-31 ARTICLE 7 -WORK BY OTHERS AT THE SITE 7.1 OWNER'S RIGHT TO WORK AT SITE The OWNER may perform other work related to the Project at the site with the OWNER's own forces, have other work performed by utility owners, or award direct contracts which may contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to the CONTRACTOR prior to starting any such other work. 7.2 CONTRACTOR REPORT ON DELAYS CAUSED BY OTHERS If the proper performance or results of any part of the CONTRACTOR's Work depends upon the work of any such other CONTRACTOR or utility owner, CONTRACTOR shall promptly inspect and report to the ENGINEER in writing any apparent delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for such proper performance and results. The CONTRACTOR's failure to report such delays, defects, or deficiencies in writing before commencement of the affected work shall constitute its acceptance of the other work as "fit and proper" for integration with the CONTRACTOR's Work except for latent defects and deficiencies in the other work. 7.3 DAMAGE TO OTHERS CAUSED BY CONTRACTOR If the CONTRACTOR causes damage to the work, property, or person of any other CONTRACTOR utilized by the OWNER, or if any claim arising out of the CONTRACTOR's performance of the Work is made against the CONTRACTOR by any other CONTRACTOR, the OWNER, or any other person, CONTRACTOR shall promptly attempt to settle and resolve the dispute. 7.4 COORDINATION 7.4.1 Coordination Responsibilities - The CONTRACTOR's responsibilities to coordinate construction activities are in accordance with those found in Article 6 and in the described Supplementary General Conditions if applicable. 7.4.2 Coordination Delays - If CONTRACTOR is delayed by the OWNER and such delay could not reasonably have been foreseen and prevented by the CONTRACTOR, the ENGINEER will determine the extent of the delay, the effect of the delay on the Work as a whole, and any commensurate extension of time. The ENGINEER shall arrange meetings with other CONTRACTORs performing work on behalf of the OWNER to plan coordination of construction activities. Any difference or conflict arising between the CONTRACTOR and any other CONTRACTOR employed by the OWNER shall be submitted to the ENGINEER for a decision in the matter. CONTRACTOR shall comply with all reasonable directions from the ENGINEER whose decision on coordination matters shall be final. 7.5 REMEDY FOR DELAYS BY OTHERS By executing a contract with the OWNER, the CONTRACTOR acknowledges that there may be other contractors on the site whose work must be coordinated with that of CONTRACTOR's own Work. The CONTRACTOR expressly warrants and agrees that it will cooperate with other CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-32 contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors or the OWNER. The CONTRACTOR also expressly agrees that, in the event CONTRACTOR's Work is hindered, delayed, interfered with or otherwise affected by a separate contractor, CONTRACTOR's sole remedy will be a direct action against the separate contractor. The CONTRACTOR shall have no remedy, and hereby expressly waives any claim or remedy, against the OWNER on account of delay, hindrance, interference or other event caused by a separate contractor. 7.6 OUT OF SEQUENCE OR ACCELERATED WORK When work is performed out of sequence and ahead of interfacing work, CONTRACTOR shall make reasonable attempts to minimize damage or loss to the Work which may be caused by others during the performance of their work, including but not limited to furnishing prompt written notice to the ENGINEER and to the other contractors that work has been performed out of sequence and ahead of interfacing work. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-33 ARTICLE 9 -ENGINEER'S STATUS DURING CONSTRUCTION 9.1 PRESENCE ON SITE The ENGINEER will be on-site periodically during construction to observe the progress, quantity, and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The ENGINEER will make periodic on-site inspections to check the quality or quantity of the Work. The ENGINEER will not supervise, direct, or have control over the CONTRACTOR's work. 9.2 CONTRACT DOCUMENT CLARIFICATIONS AND INTERPRETATIONS The ENGINEER shall issue, with reasonable promptness, such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as the ENGINEER may determine necessary and which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. Such written clarifications and interpretations will be binding on the CONTRACTOR. If the CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Time and the parties are unable to agree to the amount or extent, the CONTRACTOR may request an adjustment in the Contract Price or an extension of the Contract Time as provided in Article 11 and Article 12 hereof. 9.3 AUTHORIZED VARIATIONS IN WORK The ENGINEER may authorize minor variations in the Work (not resulting in changes to the Contract Price or Contract Time), which are consistent with the intent of the Contract Documents. These may be accomplished by a Field Order. If the CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time, the CONTRACTOR may request an adjustment in the Contract Price or an extension of the Contract Time as provided in Article 11 or Article 12. If the CONTRACTOR proceeds with the Work without making such a request or providing notice it shall be presumed that CONTRACTOR agrees with the ENGINEER's determination that no changes in price or time are involved, and shall be deemed to have waived any right to request an adjustment in Contract Time or Contract Price. 9.4 DECISIONS ON DISPUTES The 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 interpretation of the provisions of the Contract Documents pertaining to the performance of the Work, and those claims with respect to changes in the Contract Price or Contract Time will be referred initially to the ENGINEER. The process to be followed is described in Article 16, 9.5 ENGINEER LIABILITY FOR INTERPRETATION The rendering of a decision by the ENGINEER pursuant to Article 9 will be a condition precedent to any exercise by the CONTRACTOR of such rights or remedies as it may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant to Article 16. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-34 9.6 LIMITATION ON ENGINEER'S RESPONSIBILITIES 9.6.1 No Duty Arising Out of Act or Decision - Neither the ENGINEER' authority to act under this Article 9 or other provisions of the Contract Documents, nor any decision made by the ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of the OWNER or ENGINEER to the CONTRACTOR, any subcontractor, any supplier, any surety for any of them, or any other person or organization performing any of the Work. 9.6.2 No Supervision Role - The ENGINEER shall not supervise, direct, control, or have authority over, or be responsible for the CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of the CONTRACTOR to comply with Laws and Regulations, applicable to the performance of the Work. The ENGINEER shall not be responsible for the CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 9.6.3 Contractor Acts or Omissions - The ENGINEER is not responsible for the acts or omissions of the CONTRACTOR nor of any subcontractor, supplier, or any other person or organization performing any of the Work. CITY OF SAN JUAN CAPISTRANO . GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-35 ARTICLE 10 -CHANGES IN THE WORK 10.1 CHANGES REQUESTED BY THE CONTRACTOR 10.1.1 Engineer Approval - Changes in the Plans and Specifications, requested in writing by the CONTRACTOR, which do not materially affect the Work and which are not detrimental to the Work or to the interests of OWNER, may be granted without additional compensation to facilitate the Work, when approved in writing by the ENGINEER. If the method will result in a cost saving, a deductive Change Order shall be executed. 10.1.2 Specified Methods - Changes in specified methods of construction may be made at the CONTRACTOR's request when approved in writing by the ENGINEER. If the method will result in a cost saving, a deductive Change Order shall be executed. 10.1.3 No Right to Change - Nothing herein shall be construed as granting a right to the CONTRACTOR to demand OWNER's acceptance of such changes. 10.1.4 Request for Change Made in Good Faith - The request for a Change Order shall be made in good faith, and the amount requested shall accurately reflect appropriate adjustments in Contract Price or Contract Time which the CONTRACTOR believes is due, and which cover all direct, supplemental, indirect, consequential, serial and cumulative costs and delays to which the CONTRACTOR is entitled as a result of the change. 10.2 OWNER'S RIGHT TO MODIFY WORK 10.2.1 Requirement to Implement Directed Change - Without invalidating the Contract and without notice to any surety, the OWNER may at any time or from time to time, order additions, deletions, or revisions in the Work by a written Change Order issued by the OWNER. On receipt of the Change Order, the CONTRACTOR shall promptly proceed with the work involved. 10.2.2 Request for Proposal - When the OWNER desires a change in the Work, it shall issue a Request for Proposal to the CONTRACTOR. The CONTRACTOR shall respond accordingly within the time indicated in the Request. 10.3 REQUIREMENT TO PROCEED WITH WORK If the OWNER and CONTRACTOR agree on the value of any work and the amount of Contract Time to be allowed for that work, the CONTRACTOR shall proceed as directed by the OWNER so as to minimize the impact on and delays to the Work pending the issuance of a Change Order. If however, the OWNER and the CONTRACTOR are unable to agree as to the extent of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, then OWNER can direct the CONTRACTOR to proceed on the basis of a price for the Work as determined by the ENGINEER or on a Time and Materials basis, so as to minimize the impact on and delays to the Work, in accordance with Article 11. The CONTRACTOR shall then proceed with the Work. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-36 10.4 WORK NOT IN CONTRACT The CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented by Change Order, except in the case of an emergency and except in the case of uncovering work as provided in Article 13. 10.5 CHANGE ORDER PROCESS The OWNER and the CONTRACTOR shall execute appropriate Change Orders covering: 10.5.1 Owner-Ordered Changes - Changes in the Work which are ordered by the OWNER pursuant to Article 10; 10.5.2 Changes Due to Defective Work - Changes required because of acceptance of defective work under Article 13; 10.5.3 Mutually Agreed Price/Time Changes - Changes in the Contract Price or Contract Time which are agreed to by the parties. 10.6 NOTICE TO SURETY If notice of any change is required by the provisions of any Bond to be given to a surety, the giving of any such notice shall be the CONTRACTOR's responsibility, and the amount of each applicable Bond shall be adjusted accordingly. 10.7 ALLOWABLE QUANTITY VARIATIONS In the event of an increase or decrease in the quantity of a unit price item in the 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 in the Contract Documents,. Adjustments to the unit price may be made for quantity changes which result in an increase or decrease in excess of ten (10) percent variation. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-37 ARTICLE 11 - CHANGE OF CONTRACT PRICE 11.1 CONTRACT PRICE CHANGE The Contract Price may only be changed by a written Change Order. 11.2 METHODS FOR DETERMINING ADJUSTMENTS IN CONTRACT PRICE 11.2.1 Methods - The methods to be used to determine an adjustment in Contract Price necessitated by changes ordered or negotiated pursuant to these General Conditions or Work covered by a Request for Proposal are limited to the following: 1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved; or 2. By mutual acceptance of a lump sum, which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.2.2; or 3. On the basis of the cost of work (determined as provided in Paragraphs 11.3) plus overhead and profit (determined as provided in Paragraph 11.2.2). 11.2.2 Contractor's Overhead and Profit Limitation - For all negotiated Change Orders the allowance for overhead and profit shall include full compensation for superintendence, insurance premiums, taxes, field office expense, extended overhead, home office overhead, and all other items of expense or cost not included in the cost of labor, materials, or equipment provided for in this Article. The allowance for overhead and profit shall not exceed the following schedule: Overhead Profit Labor = 10 percent 10 percent Materials = 10 percent 5 percent Equipment = 10 percent 5 percent 11.2.3 Subcontractor Mark Up - It is understood that labor, materials, and equipment may be furnished by the CONTRACTOR or by a 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 performing subcontractor's total cost which includes the allowances for overhead and profit may be applied one time only. 11.2.4 Equipment Rental Rates — Rental equipment required specifically for the Additional Work. Whenever possible, changed work will be accomplished using equipment available on-site or owned by the CONTRACTOR. If no on-site equipment can be used and a specific piece of equipment must be rented to be used exclusively for the CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-38 changed work, the rental rate that will apply will be the rate shown on the supplier's invoice. 11.3 COST OF WORK (BASED ON TIME AND MATERIALS) 11.3.1 General - The term "cost of work" means the sum of all costs necessarily incurred and paid by the CONTRACTOR for labor, materials, and equipment in the proper performance of extra 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 work and shall include only the following items and shall not include any of the excluded costs itemized in this Article. 11.3.2 Labor - The costs of labor shall be the actual cost substantiated by certified payroll for prevailing wages for each craft or type of workers performing the extra work at the time the extra work is done, plus employer's payments of payroll taxes, workers' compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Laws and Regulations, as well as assessments or benefits required by lawful collective bargaining agreements. Labor costs for equipment operators and helpers shall be paid only when such costs are not included in the invoice for equipment rental. The labor costs for foremen shall be proportioned to all of their assigned work and only that applicable to extra work shall be paid. Non-direct labor costs including the superintendent, project manager, and other labor identified in Section 11.3.8.a shall be considered part of the overhead mark up identified in this Article. 11.3.3 Materials - The cost of materials shall be itemized at invoice or lowest current price at which materials are locally available and delivered to the Work site in the quantities involved, plus the cost of sales tax, freight, delivery and storage. a. 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. b. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to the price paid to the actual supplier as determined by the ENGINEER. C. 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. d. If, in the opinion of the ENGINEER, the cost of materials 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 total quantity delivered to the Work site less trade discount. e. The OWNER reserves the right to furnish materials for the extra work and no claim shall be allowed to the CONTRACTOR for costs and profit on such materials. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-39 11.3.4 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 item 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 publication specified in the Supplementary General Conditions, an equitable rental rate for the equipment shall be established by the ENGINEER. The CONTRACTOR may furnish cost data which might assist the ENGINEER in the establishment of the rental rate. a. 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. b. 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 and the scheduled work activities planned. C. 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. 11.3.5 Rental Equipment a. The rental time to be paid for equipment on the Work site 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. b. Rental time is not allowed while equipment is inoperative due to breakdowns. C. Computation Method — Use the following method in computing the rental time of equipment on the Work site: 1. When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be considered to be 112-hour of operation, and any part of an hour in excess of 30 minutes will be considered one hour of operation. 2. When daily rates are listed, any operation for less than 4 hours shall be considered to be 1/2-day of operation. 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 below. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-40 3. If the required equipment can only be rented for a minimum time period and the equipment is used for less than such minimum period, the minimum rental period shall be used. 11.3.6 Owned-Equipment - For equipment owned by the CONTRACTOR, the CONTRACTOR shall be entitled to costs based on CONTRACTOR's normal accounting practices, but in no event shall those costs exceed the rates listed in the cost guide titled, "Construction Equipment ownership and Operating Expense Schedule - Region VII" published by the U.S. Army Corps of Engineers, in effect on the date for commencement of the Contract Time. The owned-equipment hourly rate plus the estimated operation cost per hour from the cost guide will be the basis for determining owned-equipment costs. For shift work, the equipment rate shall not exceed the hourly costs for second or third shifts in the cost guide. 11.3.7 Special Services - 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. a. When the ENGINEER and the CONTRACTOR determine that a special service is required which cannot be performed by the forces of the CONTRACTOR or those of any of its Subcontractors, the special service may be performed by an entity especially skilled in such Work. Invoices for special services based upon the current fair market value thereof may be accepted without complete itemization of labor, material, and equipment rental costs, after validation of market values by the ENGINEER. b. All invoices for special services shall 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 this Article, an allowance of 15 percent may be added to invoices for special services. 11.3.8 Excluded Costs - The term "cost of the work" shall not include any of the following costs: a. Overhead Costs - Payroll costs and other compensation of CONTRACTOR's officers, executives, principals, general manager, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal office, a branch office or .material yard and ship for general administration of the Work or not specifically covered by this Article all of which are to be considered administrative costs covered by the CONTRACTOR's allowance for overhead and profit. b. Office Expense - Expenses of CONTRACTOR's principal and branch offices. C. Capital Expenses - Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. d. Premiums - Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-41 e. Negligence - Costs due to 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, including but not limited to the correction of defective work, disposal of materials or equipment wrongly supplied, and making good any damage to property. f. Other - Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in this Article. g. Small Tools - Cost of small tools valued at less than $500 and that remain the property of the CONTRACTOR. h. Administrative Costs - Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of claims. i. Anticipated Lost Profits - Expenses of the CONTRACTOR associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings or unpaid retainage. j. Home Office Overhead Costs derived from the computation of a "home office overhead" rate by application of the Eichleay, Allegheny, Burden Fluctuation, or other similar methods. k. Special Consultants and Attorneys - Costs of special consultants or attorneys, whether or not in the direct employ of the CONTRACTOR, employed for services specifically related to the resolution of a claim, dispute, or other matter relating to the acceptability of the Work. 11.3.9 Contractor's Extra Work Report - In order to be paid for extra work based on time and materials, the CONTRACTOR must submit a daily Extra Work Report on a form provided by the ENGINEER. The form must be completely filled out based on the provisions of this Article and signed by the CONTRACTOR and OWNER at the end of each work day. Failure to complete the form and obtain appropriate signatures by the next working day after the Work was completed will result in CONTRACTOR's costs for extra work being disallowed until such form is completed and agreed to by the ENGINEER. Delay in submitting the form beyond seven (7) days will result in the OWNER's records becoming the official record for payment purposes. 11.4 COSTS RELATING TO WEATHER DAMAGE The CONTRACTOR shall have no claims against the OWNER for damages for any injury to work, materials, or equipment resulting from the weather. If, however, in the opinion of the ENGINEER, the CONTRACTOR has made all reasonable efforts to protect the materials, equipment, and work, then the CONTRACTOR may be granted a reasonable extension of Contract Time to make proper repairs, renewals, and replacements of the Work, materials, or equipment in accordance with Article 12. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-42 11.5 WRITTEN JUSTIFICATION SUBSTANTIATING ADJUSTMENT 11.5.1 Contractor Initiated Change - Any request by the CONTRACTOR for a change in the Contract Price shall be based on written notice delivered by the CONTRACTOR to the ENGINEER promptly (but in no event later than 7 days) after the start of the occurrence or the event giving rise to the request for adjustment, and stating the general nature of the request. 11.5.2 Cost and Time Notice Requirements - Notice of the amount of the request for adjustment in cost and/or time with supporting data shall be delivered within 14 days after such start of occurrence (unless the ENGINEER allows an additional period of time to ascertain more accurate data in support of the request). 11.5.3 Proposal Form - The CONTRACTOR's proposal shall be on forms acceptable to the ENGINEER. The CONTRACTOR's proposal shall certify in writing that the amounts cover all direct, supplemental, indirect, consequential and cumulative costs and delays, as applicable, and that those costs and delays would be or were necessarily incurred, despite the CONTRACTOR's reasonable and diligent efforts to mitigate them. Mitigation efforts undertaken by the CONTRACTOR should be described. 11.5.4 Proposal Content - Where the change in Contract Price is to be determined on the basis of the "cost of the work involved", the CONTRACTOR's itemized estimates shall detail all applicable elements of cost, including but not limited to, labor man-hours and payroll costs, quantities, crew mixes, production rates, material costs, Subcontractor and Supplier costs, equipment costs, and supplemental costs. Where the change in Contract Price arises from changes in the schedule of all or part of the Work, or where a change in Contract Time is sought, the submittal shall include the analysis required by Article 12. With respect to work during other than normal hours, the labor charges associated with such work shall consist of straight time wages and burden plus the appropriate overtime or shift premium with no additional burden (i.e., fringe benefits) on the premium portion. 11.5.5 Additions and Deletions - The submittal shall cover all aspects of the Work involved, whether relating to deleted, added, revised, or impacted items of work. Amounts for Subcontractors or Suppliers at any tier shall be similarly supported. 11.5.6 Requirements for Valid Proposal - No submittal for an adjustment in Contract Price or Contract Time shall be valid unless submitted in accordance with this Article. 11.5.7 Obligation of Surety - 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 when requested. 11.5.8 Documentation - The CONTRACTOR shall comply with the ENGINEER's documentation requirements regarding format and level of detail for the Change Order process. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-43 11.6 OWNER RIGHT TO DIRECT USE OF COMPETITIVE BID The OWNER reserves the right to direct the CONTRACTOR to solicit competitive bids for additional work. If required by OWNER, the CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of the ENGINEER, which bids will be accepted. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-44 ARTICLE 12 - CHANGE OF CONTRACT TIME 12.1 GENERAL 12.1.1 Contractor Request for Time Extension - The Contract Time may only be changed by a Change Order. Any request by the CONTRACTOR for an extension of the Contract Time (or Milestones) shall be based on written notice delivered by the CONTRACTOR to the ENGINEER promptly (but in no event later than 7 days) after the occurrence of the event giving rise to the request and stating the general nature of the request, unless otherwise noted. Notice of the extent of the request with supporting data shall be delivered within 14 days after such occurrence (unless the ENGINEER allows an additional period of time to ascertain more accurate data in support of the request) and shall be accompanied by the CONTRACTOR's written statement that the adjustment requested is the entire time adjustment to which the CONTRACTOR has reason to believe it is entitled as a result of the occurrence of said event. An extension in Contract Time does not mean that the CONTRACTOR is due an increase in Contract Price. 12.1.2 Contractor Required Analysis - An extension in Contract Time will not be granted unless the CONTRACTOR can demonstrate through an analysis of the Critical Path Method Progress Schedule that the increases in the time to perform or complete the Work, or specified part of the Work, beyond the corresponding Contract Time(s) arise from unforeseeable causes beyond the control and without the fault or negligence of both the CONTRACTOR and the Subcontractors, Suppliers or other third parties, and that such causes in fact lead to performance or completion of the Work, or specified part in question, beyond the corresponding Contract Time, despite the CONTRACTOR's reasonable and diligent actions to guard against those effects. 12.1.3 Owner's Right to Grant Time Extension - The OWNER may elect, at its sole discretion, to grant an extension in Contract Time, without the CONTRACTOR's request, because of delays or other factors. 12.2 TIME IS OF THE ESSENCE With regard to all Contract Milestones and all time limits stated in the Contract Documents, "time is of the essence." 12.3.1 Use of Float and Critical Path - Use of float is in accordance with the General Requirements. 12.3.2 Types of Delays Beyond the Contractor 's and Owner's Control - Delays beyond the control of CONTRACTOR shall include, but not be limited to acts or neglect by OWNER, acts or neglect of utility owners, fires, floods, epidemics, inclement weather conditions, labor slowdowns and strikes, or acts of God. The CONTRACTOR must provide to the ENGINEER written notice of the potential delay within 24 hours after the occurrence. 12.3.3 Subcontractor Delays Within Contractor Control - Delays attributable to and within the control of Subcontractors or Suppliers shall be deemed to be delays within the control of CONTRACTOR. No time extension will be allowed for such delays. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-45 12.4 TIME ONLY ENTITLEMENT 12.4.1 Entitlement - Where CONTRACTOR is prevented from completing any part of the Work within the Contract Time (or Milestones) due to delay to a "critical path" activity beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Time (or Milestones) in an amount equal to the time lost on the critical path of the Project due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. 12.4.2 No Damages - In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any third party, or to any surety, or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR, or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, inclement weather conditions, acts of God or acts or neglect by utility owners or other CONTRACTORs performing other work as contemplated by Article 7. CONTRACTOR must provide to the ENGINEER written notice of the potential delay within 24 hours after the occurrence. 12.5 EXTENSIONS OF TIME FOR DELAY DUE TO WEATHER An inclement weather delay is defined as a delay caused by inclement weather which prevents the CONTRACTOR from working on the critical path item in the CONTRACTOR's construction schedule. Should the CONTRACTOR experience inclement weather delays over the course of Contract duration, the CONTRACTOR shall be granted a time extension in accordance with the provisions outlined in this Article. There will be no additional compensation for rain or any other weather delays. In such situations, the CONTRACTOR may be entitled to time extension and relief from liquidated damages, but no delay costs such as extended overhead, dewatering etc. The CONTRACTOR shall assume the risk for all such costs to be included in the Bid. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-46 ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 13.1 TESTS AND INSPECTIONS 13.1.1 Access to Work for Testing and Inspection - The OWNER, its consultants, sub- consultants, representatives and employees of the OWNER, independent testing laboratories and governmental agencies with jurisdictional interests shall have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access and advise them of CONTRACTOR's safety procedures and programs so that they may comply. 13.1.2 Cost of Inspection/Notice - The ENGINEER will make, or have made, such inspections and tests as the ENGINEER deems necessary to see that the Work is being accomplished in accordance with the requirements of the Contract Documents. Unless otherwise specified, the cost of such inspection and testing will be borne by the OWNER. In the event such inspections or tests reveal non-compliance with the requirements of the Contract Documents, the CONTRACTOR shall pay the cost of corrective measures deemed necessary by the ENGINEER, as well as the cost of subsequent re-inspection and re-testing. Neither observations by the ENGINEER nor inspections, tests, or approvals by others shall relieve the CONTRACTOR from the CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents. The CONTRACTOR shall give the ENGINEER timely notice as specified in the Technical Specification for all required on and off-site inspections, tests, or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. All inspections, tests, or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by entities acceptable to the ENGINEER. The ENGINEER shall provide for the services of an independent testing entity to perform inspections, tests, or approvals required by the Contract Documents unless otherwise specifically provided in the Contract Documents. 13.1.3 Right to Stop Work - The ENGINEER has the right to stop or suspend Work which is to be inspected or tested, or which will interfere with the inspection or testing activities, for a reasonable time and the CONTRACTOR shall have no right to additional money or time as a result of the work stoppage. 13.2 CONTRACTOR INSPECTION AND TESTING RESPONSIBILITY 13.2.1 Contractor Responsible — CONTRACTOR shall be responsible for performance of tests and inspections in accordance with the Technical Specifications. 13.2.2 Contractor Pay for Inspections Required by Laws or Regulations - If Laws or Regulations of any public body having jurisdiction require any work to specifically be inspected, tested, or approved, CONTRACTOR shall pay all such costs. 13.2.3 Contractor Pay for Testing Of "Or Approved Equal" — CONTRACTOR shall be responsible for and pay all costs in connection with any inspection or testing required in CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-47 connection with the OWNER's acceptance of a Supplier of materials or equipment proposed as a substitution or "or approved equal" to be incorporated in the Work, or of materials or equipment submitted for review prior to the CONTRACTOR's purchase thereof for incorporation in the Work. 13.2.4 Testing/Inspection Time In Schedule — CONTRACTOR shall pay all related costs; schedule related activities at appropriate times; and secure and furnish for the ENGINEER the required certificates of inspection, testing or approval. Any associated cost and time required by the CONTRACTOR for inspections required under Section 13.2 shall be considered as having been included in the Contract Price and in the CONTRACTOR's schedule for the performance of the Work within the Contract Time. 13.3 COVERING WORK TO BE INSPECTED 13.3.1 Covered Work Prior to Inspection Or Testing - If any Work (including the work of others) that is to be inspected, tested, or approved is covered without written concurrence of the ENGINEER, CONTRACTOR shall uncover it when requested by the ENGINEER; pay all direct, indirect, and consequential costs and damages of such uncovering, unless the CONTRACTOR has given to the ENGINEER and governmental agencies timely notice of the CONTRACTOR's intention to cover the same and the ENGINEER has not acted with reasonable promptness in response to such notice. 13.3.2 Covered Work Contrary To Written Request - If any Work is covered contrary to the written request of the ENGINEER, CONTRACTOR shall uncover when requested by the ENGINEER, for the ENGINEER's observation and recovered and pay all direct, indirect, and consequential costs and damages of such uncovering. 13.3.3 Engineer Right to Direct That Work Be Uncovered for Inspection Or Testing a. If the ENGINEER considers it necessary or advisable that covered work be observed by the ENGINEER or inspected or tested by others, at the ENGINEER's request, CONTRACTOR shall uncover, expose, or otherwise make available for observation, inspection, or testing as the ENGINEER may require, that portion of the Work in question. CONTRACTOR shall furnish all necessary labor, material, and equipment necessary to do so. b. if it is found that such Work is defective, CONTRACTOR shall pay all direct, indirect, and consequential costs and damages of such uncovering, exposure, observation, inspection, testing, and of satisfactory reconstruction, including but not limited to fees and charges of ENGINEERs, architects, attorneys, and other professionals. However, if such Work is not found to be defective, the CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction based on the time and materials provisions as outlined in Article 11. 13.4 OWNER MAY STOP THE WORK If the ENGINEER determines that 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 CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-48 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. 13.5 CORRECTION OR REMOVAL OF DEFECTIVE WORK 13.5.1 Promptly after receipt of notice from the ENGINEER, 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). 13.5.2 When correcting defective Work under the terms of this Paragraph 13.5 or Paragraph 13.6, CONTRACTOR shall take no action that would void or otherwise impair OWNER's special warranty and guarantee, if any, on said Work. 13.6 CORRECTION PERIOD 13.6.1 If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed 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 Article 6 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 2. correct such defective Work; or 3. if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and 4. 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. 13.6.2 If CONTRACTOR does not promptly comply with the terms of OWNER's written instructions, or in an emergency where delay would cause serious risk of injury, loss or damage, OWNER may have the defective Work corrected of repaired or may have the rejected Work removed and replaced. 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) shall be paid by CONTRACTOR. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-49 13.6.3 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. 13.6.4 Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.6, 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 replacement has been satisfactorily complet- ed. 13.6.5 CONTRACTOR's obligations under this Paragraph 13.6 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.6 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.7 WARRANTY AND GUARANTEE 13.7.1 General - The CONTRACTOR warrants and guarantees to the OWNER that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of defects known to the OWNER shall be given to the CONTRACTOR. All defective work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article 13. Defective Work may be rejected even if approved by prior inspection. 13.7.2 One Year Warranty Period - The Warranty Period shall commence when the Notice of Completion or Certificate of Substantial Completion is issued, and, when Notice of Beneficial Occupancy, or Notice of Partial Utilization of the Work has been issued, and, Project start-up and operation has been established, whichever is later, or on a later date if so specified in the Contract, or mutually agreed to, and shall end one (1) year after that date or whatever longer period may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee or specific provision of the Contract Documents. 13.7.3 Correction of Defective Work - If, within the Warranty Period or such longer period as may be required by Laws or Regulations, the Work, or any part of the Work, is determined to be defective, CONTRACTOR shall promptly, without an adjustment in Contract Price and without any further payment by OWNER for the repair or replacement of the defective work, and in accordance with the OWNER's written instructions, either correct that defective work, or if it has been rejected by the OWNER, remove it from the site and replace it with non-defective work. If circumstances warrant it, including but not limited to in an emergency, the OWNER may have the defective work corrected or the rejected work removed and replaced. In that event, the CONTRACTOR shall not be allowed to recover any associated costs, and CONTRACTOR shall reimburse the OWNER for all direct, indirect and consequential costs of the OWNER, and the OWNER shall be entitled to a deductive Change Order, to withhold a set-off against amount recommended for payment, or make a claim on the CONTRACTOR's Performance Bond if the CONTRACTOR has been paid in full. Where defective work (and damage to other work resulting from it) has been corrected, removed or replaced during the warranty period, the one year warranty period with respect to such work shall be extended for an additional period of CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-50 one year after such correction or removal and replacement has been satisfactorily completed. 13.7.4 Early Completion - The one year warranty period shall not begin until all items under Section 13.7.2 have been established. If the CONTRACTOR completes the Work or portions thereof prior to this time, CONTRACTOR shall preserve the equipment by developing and implementing a preventive maintenance program in compliance with manufacturer's recommendations to maintain the equipment. At start-up, CONTRACTOR shall get early completed equipment ready to be put into service. The preventive maintenance program shall be performed by CONTRACTOR at no additional cost to the OWNER. 13.8 EXTENDED WARRANTIES AND GUARANTEES The OWNER may in its sole discretion extend the one year warranty period, in which case the CONTRACTOR shall maintain the warranties and guarantees. If such extension of the one year warranty period causes an increase in the cost of the warranties and guarantees provided by the CONTRACTOR, an adjustment in Contract Price shall be made as provided in Article 11. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-51 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 BASIS FOR PAYMENT The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.2 PAYMENT 14.2.1 Wasted Or Rejected Material - Payment shall not be made for materials wasted or disposed of in a manner not called for in the Contract Documents. This includes rejected material not unloaded from vehicles, material rejected after it has been placed and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess materials. 14.2.2 Contractor Retains Ownership - Payment shall not relieve the CONTRACTOR from its obligations under the Contract and such payment shall not be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the OWNER. Responsibility of ownership shall remain with the CONTRACTOR who shall be obligated to store, protect, repair, replace, rebuild or otherwise restore any fully or partially completed work or structure for which payment has been made or replace any materials or equipment required to be provided under the Contract Documents which may be damaged lost, stolen or otherwise degraded in any way prior to final acceptance of the Work. 14.2.3 Payment Does Not Affect Warranty - Guarantee and warranty periods shall not be affected by any payment but shall commence as described in Section 13.6. 14.2.4 Stop Notice - If, within the time fixed by law, a properly executed stop notice is filed with the OWNER, due to the CONTRACTOR's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the CONTRACTOR in accordance with Laws and Regulations. 14.3 APPLICATION FOR PROGRESS PAYMENT 14.3.1 Payment Due Date - Within seven days prior to the payment application date designated by the ENGINEER, CONTRACTOR shall submit to the ENGINEER for review an Application for Payment filled out and signed by the CONTRACTOR covering the Work completed as of the date of the application and accompanied by such supporting documentation as is required by the General Requirements. 14.3.2 Payment Application Content - The Application for Progress Payment shall identify, as a sub-total, the amount of the CONTRACTOR's Total Earnings to Date, plus the Value of Materials Stored at the Site which have not yet been incorporated in the Work, less a deductive adjustment for materials previously paid for by the OWNER. Payment for such material shall not be construed as acceptance of the material. 14.3.3 Net Payment - The net payment due to the CONTRACTOR shall be the above- mentioned subtotal from which shall be deducted retainage, the total amount of all CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-52 previous payments made to the CONTRACTOR, and amounts subject to stop notices or liquidated damages. 14.3.4 Retention - The amount of retainage with respect to progress payments will be 10%. 14.3.5 Retainage From Payments - The CONTRACTOR may elect to receive 100% of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the OWNER, by depositing securities of equivalent value with the OWNER in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the CONTRACTOR, shall be valued by the OWNER, whose decision on valuation of the securities shall be final. Securities eligible under this provision shall be limited to those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the CONTRACTOR and the OWNER. To receive full payment without retentions, CONTRACTOR shall fully comply with all of the provisions of the above referred Code sections. 14.3.6 Products Stored On and Off Site - Storage and payment for material supplies and equipment which will be incorporated into the Work shall be in accordance with the provisions of the General Requirements. 14.4 CONTRACTOR'S WARRANTY OF TITLE The CONTRACTOR warrants and guarantees that title to all work, materials, and equipment covered by an Application for Payment, whether incorporated in the Work or not, will pass to the OWNER at the time of final payment free and clear of all liens and encumbrances. 14.5 REVIEW OF APPLICATIONS FOR PROGRESS PAYMENT 14.5.1 Review of Application For Payment 14.5.1.1 The ENGINEER will, within 20 days after receipt of each Application for Payment, either approve payment of the Application, or return the Application to the CONTRACTOR indicating in writing reasons for refusing to approve payment. 14.5.1.2 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 classifica- CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-53 tions for Unit Price Work, 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. 14.5.1.3 By recommending any such payment ENGINEER will not thereby be deemed to have represented that: a. 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 detailed inspections of the Work beyond the responsi- bilities specifically assigned to ENGINEER in the Contract Documents; or b. 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. 14.5.1.4 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.- a. NGINEER:a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for CONTRACTOR's failure to comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work, or d. to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any liens and encumbrances. 14.5.2 Dispute Process - In the case that the ENGINEER returns the Application for Payment to the CONTRACTOR indicating in writing reasons for refusing to approve payment, the CONTRACTOR may make the necessary corrections and resubmit the Application. If the OWNER still disagrees with a portion of the application, the undisputed portion of the Application will be paid to the CONTRACTOR and reasons provided for non- payment of the disputed amount. 14.5.3 Payment Due - Thirty (30) days after receipt of the Application for Payment the amount approved will become due and when due will be paid by the OWNER to the CONTRACTOR. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-54 14.6.4 Reduction in Payment — 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. there are other items entitling OWNER to a set-off against the amount recommended; or c. OWNER has actual knowledge of the occurrence of any of the events enumerated in Paragraph 14.6 or Paragraph 15.3. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER shall 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. 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 14.5.3. 14.6 REJECT PAYMENT FOR DEFECTIVE WORK The ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in the 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 Order, C. The OWNER has been required to correct defective work or complete work in accordance with Article 13. d. The OWNER has actual knowledge of the occurrence of any of the events enumerated in Article 15. 14.7 REJECTION OF PAYMENT BY OWNER The OWNER may refuse to make payment of the full amount because claims have been made against the OWNER because of the CONTRACTOR's performance of the Work or stop notices have been filed in connection with the Work or there are other items entitling the OWNER to a credit against the amount recommended. 14.8 SUBSTANTIAL COMPLETION 14.8.1 Contractor Notification - When the CONTRACTOR considers the Work ready for its intended use, it shall notify the ENGINEER in writing that the Work is substantially CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-55 complete. CONTRACTOR shall attach to such notice a list of all work items that remain to be completed. 14.8.2 Inspection - Within a reasonable time thereafter, the ENGINEER and the CONTRACTOR shall make an inspection of the Work to determine the status of completion. 14.8.3 Notice of No Substantial Completion - If the ENGINEER does not consider the Work substantially complete, or the list of remaining Work items to be comprehensive, the ENGINEER will so notify the CONTRACTOR in writing giving the reasons therefor. 14.8.4 Notice of Substantial Completion - If the ENGINEER considers the Work substantially complete, the ENGINEER will prepare a Notice of Substantial Completion. 14.8.5 Right to Exclude Contractor - The OWNER shall have the right to exclude the CONTRACTOR from the Work after the date of Substantial Completion, but the OWNER shall allow the CONTRACTOR reasonable access to complete or correct items on the list of remaining Work items, or for warranty Work. 14.9 PARTIAL UTILIZATION AND BENEFICIAL OCCUPANCY 14.9.1 Partial Utilization - The OWNER shall have the right to utilize or place into service any item of equipment or other usable portion of the Work which is substantially complete prior to completion of all of the Work. Whenever the OWNER plans to exercise said right, the CONTRACTOR will be notified in writing with a Notice of Partial Utilization signed by the OWNER identifying the specific portions of the Work to be so utilized or otherwise placed into service. 14.9.2 Beneficial Occupancy - The OWNER shall have the right to take control of the entire Work if it is substantially completed. Whenever the OWNER plans to exercise said right, it will notify the CONTRACTOR in writing with a Notice of Beneficial Occupancy. 14.9.3 Responsibility For Care and Maintenance - Until Notice of Beneficial Occupancy or Notice of Partial Utilization is issued or Project start-up begins, all responsibility for care and maintenance of all of the Work shall be the responsibility of the CONTRACTOR. Upon issuance of said written Notice of Beneficial Occupancy or Notice of Partial Utilization the OWNER will accept responsibility for the protection and maintenance of all such items or portions of the Work described in the written notice. 14.9.4 Contractor Responsible for Completion - The CONTRACTOR shall remain fully responsible to satisfactorily complete the Work, regardless of whether a portion thereof has been partially utilized by the OWNER. 14.10 FINAL INSPECTION Upon written notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete, the ENGINEER will make a final inspection with the CONTRACTOR and will notify the CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-56 14.11 FINAL APPLICATION FOR PAYMENT After the CONTRACTOR has completed all of the remaining Work items referred to in Article 14, removed all temporary structures and utilities, cleared the site, delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked-up record documents and other documents, all as required by the Contract Documents, the CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers satisfactory to the OWNER of all stop notices arising out of or filed in connection with the Work. If the CONTRACTOR has specific claims outstanding, restate these claims by stating the nature of the claim, the basis for entitlement and the estimated value of the claim. Specifically release the OWNER from any other claims not renewed. 14.12 FINAL PAYMENT AND ACCEPTANCE 14.12.1 Acceptance - If, on the basis of the ENGINEER's observation of the Work during construction and final inspection, and the ENGINEER's review of the final Application for Payment and accompanying documentation, all as required by the Contract Documents, the ENGINEER is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, the ENGINEER will, within 14 days after receipt of the final Application for Payment, authorize payment. 14.12.2 Final Payment - After acceptance of the Work by the OWNER, 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. 14.13 PARTIAL RELEASE OF RETENTION AT SUBSTANTIAL COMPLETION If, through no fault of the CONTRACTOR, final completion of the Work is significantly delayed, the OWNER shall, upon receipt of the CONTRACTOR's final Application for Payment and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by the OWNER for Work not fully completed or corrected is less that the retainage, the written 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 the CONTRACTOR to the 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. 14.14 WAIVER OF CLAIMS The making and acceptance of final payment constitutes a waiver of all claims by the OWNER against the CONTRACTOR, except claims arising from unreleased stop notices, from defective work appearing after final inspection pursuant to Article 14, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from any warranties or guarantees or from the CONTRACTOR's continuing obligations under the Contract Documents. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-57 14.16 RELEASE OF RETAINAGE AND OTHER DEDUCTIONS The OWNER will release to the CONTRACTOR in accordance with Laws and Regulations, the retainage funds withheld pursuant to the Contract, less any deductions to cover pending third party claims against the OWNER. 14.16 CONTRACTOR'S CONTINUING OBLIGATION The CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by the ENGINEER, nor the issuance of a Notice of Completion, nor any payment by the OWNER to the CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part it by the OWNER, nor any act of acceptance by the OWNER nor any failure to do so, nor any review of a Shop Drawing or sample submittal, constitutes an acceptance of work not in accordance with the Contract Documents or a release of the CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents. 14.17 TERMINATION OF LIABILITY OF OWNER The acceptance by the CONTRACTOR of the final payment referred to in Section 14.12 shall constitute a release of the OWNER, its officials, employees and agents from all claims of liability to the CONTRACTOR for anything done or furnished for, or relating to, the Work or for any act or neglect of the OWNER or of any person relating to or affecting the Work, except demands against the OWNER for the remainder, if any, of the amounts kept or retained under the provisions of Article 14 and excepting pending claims with the final Application for Payment. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-58 ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION 15.1 SUSPENSION OF WORK BY OWNER The OWNER may, at any time and without cause, suspend the Work or any portion of it for a period of not more than 90 days by notice in writing to the CONTRACTOR. The CONTRACTOR shall resume the Work on receipt from the ENGINEER of a Notice of Resumption of Work. The CONTRACTOR may submit a request for a change in the Contract Price or of the Contract Time, or both, directly attributable to the suspension as provided in Articles 11 and 12. 15.2 ARCHAEOLOGICAL AND PALEONTOLOGICAL DISCOVERIES 15.2.1 Suspension of Work - If a discovery is made of archaeological or paleontological interest, CONTRACTOR shall immediately cease operations in the area of the discovery and shall not continue until so ordered by the ENGINEER. This suspension of work may exceed the 90 day limit without creating a right of CONTRACTOR to terminate the Contract. When resumed, operations within the area of the discovery shall be as directed by the ENGINEER. 15.2.2 Types of Discoveries - Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, fossils or any item with cultural significance. 15.2.3 Time Extension - The CONTRACTOR shall be entitled to an extension of time and compensation in accordance with the provisions of the Contract Documents. 15.3 TERMINATION OF AGREEMENT BY OWNER FOR CAUSE 15.3.1 Notice of Intent To Terminate - In the event of default by the CONTRACTOR, the OWNER shall give 14 days written notice to the CONTRACTOR of OWNER's intent to terminate the Contract and provide to the CONTRACTOR an opportunity to remedy the conditions constituting the default within the time specified in the written notice. 15.3.2 Contractor Default - It shall be considered a default by the CONTRACTOR when CONTRACTOR: a. files a petition for bankruptcy, becomes insolvent, assigns its assets for the benefit of its creditors, or is unable to pay debts as they become due; b. fails to provide materials or workmanship meeting the requirements of the Contract Documents, and fails to correct the defective work as required by Article 13; C. disregards or violates provisions of the Contract Documents or OWNER's supplemental instructions; d. fails to perform the Work according to the approved progress schedule; e. fails to provide a qualified superintendent, competent workmen, or materials or equipment meeting the requirements of the Contract Documents; CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-59 f. fails to meet Contract Milestones; g. disregards Laws or Regulations of any public agency having jurisdiction; or h. commits continuous or repeated serious violations of approved or legislated safety plan requirements. 15.3.3 Failure to Remedy - If the CONTRACTOR fails to remedy the conditions constituting default within the time specified in OWNER's written notice, the OWNER may then issue the Notice of Termination. 15.3.4 Owner's Rights - In the event the Contract is terminated in accordance with Article 15, the OWNER may take possession of the Work and may complete the Work by whatever method or means the OWNER may select. The cost of completing the Work shall be deducted from the balance which would have been due the CONTRACTOR had the Contract not been terminated and the Work completed in accordance with the Contract Documents. If such cost exceeds the balance which would have been due, the CONTRACTOR shall pay the excess amount to the OWNER. If such cost is less than the balance which would have been due, the CONTRACTOR shall not have claim to the difference. 15.4 RIGHTS OF OWNER PRESERVED Where the CONTRACTOR's services have been so terminated by the OWNER, the termination will not affect any rights or remedies of the OWNER against the CONTRACTOR then existing or which may thereafter accrue. Any retention of payment of moneys due to CONTRACTOR by the OWNER will not release the CONTRACTOR from liability. 15.5 TERMINATION OF AGREEMENT BY CONTRACTOR The CONTRACTOR may terminate the Contract by giving ten (10) days written notice to the OWNER whenever: 15.5.1 Work Suspended for More than 90 Days - The Work has been suspended under the provisions of Article 15 for more than 90 consecutive days through no fault or negligence of the CONTRACTOR, and notice to resume work or to terminate the Contract has not been received from the OWNER within this time period; or, 15.5.2 Failure To Pay - If OWNER fails to pay the CONTRACTOR any monies due to the CONTRACTOR in accordance with the terms of the Contract Documents within 40 days after presentation to the ENGINEER by the CONTRACTOR of a request therefor, unless within said 10-day period the OWNER shall have remedied the condition upon which the payment delay was based. 15.5.3 Claims - In the event of such termination, the CONTRACTOR shall have no claims against the OWNER except for those claims specifically enumerated in Article 15. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-60 ARTICLE 16 - DISPUTES 16.1 GENERAL All claims, counterclaims, disputes, and other matters in questions arising under, or relating to, the Contract Documents or the breach thereof shall be processed in accordance with the provisions of this Article and are subject to audit by the OWNER in accordance with Article 17. 16.2 REQUESTS FOR CHANGE 16.2.1 Contractor's Right To Request a Change - In accordance with Article 11 and Article 12, the CONTRACTOR may request a change in the Contract Price or an extension of the Contract Time. Such a request shall be in writing, and shall be delivered to the ENGINEER within the time periods specified in Article 11 and Article 12. 16.2.2 Initial Determination - The ENGINEER shall make an initial determination on the CONTRACTOR's request, in writing, within 30 days after receipt of the requested supporting data. 16.2.3 Contractor Appeal - If the CONTRACTOR disagrees with the ENGINEER's initial determination, the CONTRACTOR may request a final determination from the ENGINEER. Such a request shall be in writing, and shall be delivered within 30 days after receipt of the ENGINEER's initial determination. 16.2.4 Final Determination - The ENGINEER shall make a final written determination within 30 days after receipt of the CONTRACTOR's written request for a final determination. 16.2.5 Claim - If the CONTRACTOR disagrees with the ENGINEER's final determination, the CONTRACTOR may file a claim with the OWNER in accordance with the procedures outlined below. 16.2.6 Waiver of Rights - Failure of the CONTRACTOR to notify the ENGINEER and deliver supporting data in accordance with the time periods outlined in Article 11 and Article 12, or failure to respond to the ENGINEER's initial determination within the time period outlined in this Paragraph shall be deemed to be a waiver of objection or right to further claim of that matter. 16.3 CLAIMS 16.3.1 Definition of Claim - A claim means a written demand by the CONTRACTOR seeking an adjustment in Contract Price and payment of monies due; an extension or shortening in Contract Time; or relief arising under or relating to the Contract following denial of a request for change under Section 16.2. A written demand by the CONTRACTOR seeking the payment of money or an extension of time is not a claim under this Article until certified as required below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under this Article. 16.3.2 Claim Arising Under The Contract - Any claim that can be resolved under a provision in the Contract Documents that provides for or excludes the relief sought by the CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-61 claimant. Such claims shall be resolved under the applicable provisions of the Contract Documents. 16.3.3 Period of Claim - For any claim under this Article to be valid, it shall be based upon written notice delivered by the CONTRACTOR to the OWNER promptly, but in no event later than 30 days after receipt of the ENGINEER's final determination as outlined in Section 16.2. The responsibility to substantiate claims shall rest with the party making the claim. 16.3.4 Claim Certification Requirements - For CONTRACTOR's claims seeking an increase in Contract Price or Contract Time, the CONTRACTOR shall submit with the claim a declaration under penalty of perjury certifying that: a. Claim Made in Good Faith - The claim is made in good faith, and the amount claimed accurately reflects the adjustments in Contract Price or Contract Time which the CONTRACTOR believes is due, and covers all direct, supplemental, indirect, consequential, serial and cumulative costs and delays to which the CONTRACTOR is entitled as a result of the occurrence of the claimed event; b. Cost and Pricing Data - Supporting cost and pricing data are current, accurate, complete and represent the best of the CONTRACTOR's knowledge and belief; and, C. CONTRACTOR's Agent - If the CONTRACTOR is an individual, the declaration shall be executed by that individual; if the CONTRACTOR is not an individual, the declaration shall be executed by an authorized officer or general partner of the CONTRACTOR. 16.3.5 Progress Schedule Analysis - All claims for time shall be supported by an analysis of the CPM progress schedule detailing the impact of the claimed work on specific impacted schedule activities. 16.4 CLAIM RESOLUTION PROCESS 16.4.1 OWNER Written Determination - The ENGINEER shall make a written determination within 30 days after receipt of the CONTRACTOR's claim and supporting data. The ENGINEER's determination shall be final and binding on the CONTRACTOR unless within 30 days of the ENGINEER's written determination, CONTRACTOR gives a written request to the OWNER to have the claim submitted for binding arbitration or gives written notice to the OWNER of CONTRACTOR's intent to submit the Claim to a court of competent jurisdiction. 16.4.2 CONTRACTOR Obligation to Proceed - Pending final resolution of any claim, including litigation, the CONTRACTOR shall proceed diligently with performance of the Work, and comply with any direction of the OWNER. 16.5 VENUE 16.5.1 State of California - The CONTRACTOR, any Subcontractor, Supplier and any other person or organization performing any part of Work, by performing Work or supplying materials to the Project, shall submit to the jurisdiction of the courts of the State of CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-62 California, San Bernardino County, regardless of residence or domicile, with respect to any actions or suits at law or in equity arising under or related to the bidding, award or performance of the Work. 16.5.2 County Where OWNER's Headquarters Located - The CONTRACTOR, any Subcontractor, Supplier or any other person or entity shall not commence any action, other than in the County of Orange, State of California, against the OWNER, or any of its consultants, and any of their respective directors, officers, employees, representatives or agents, with regard to any matter whatsoever arising out of or relating to the validity, construction, or interpretation of the Contract. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-63 ARTICLE 17 - MISCELLANEOUS 17.1 CUMULATIVE REMEDIES The duties and obligations imposed by these General Conditions and the rights and remedies available to the parties, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon the CONTRACTOR by the General Conditions and all of the rights and remedies available to OWNER 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 Section shall 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. 17.2 TITLE TO MATERIALS FOUND ON SITE The OWNER reserves the right to retain title to all soils, stone, sand, gravel, and other materials developed and obtained from excavations and other operations connected with the Work. Unless otherwise specified in the Contract Documents, neither the CONTRACTOR nor any Subcontractor shall have any right, title, or interest in or to any such materials. The CONTRACTOR will be permitted to use in the Work without charge any such materials which meet the requirements of the Contract Documents. 17.3 RIGHT TO AUDIT 17.3.1 OWNER's Right - If the CONTRACTOR submits a claim or Change Order to the OWNER for additional compensation, the OWNER shall have the right, as a condition to considering the claim and as a basis for evaluation of the claim and until the claim has been settled, to audit the CONTRACTOR's books to the extent they are relevant. 17.3.2 Right Includes - The right to audit shall include the right to examine and photocopy books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which the claim has been submitted. 17.3.3 Right to Inspect Plans - The right to audit shall include the right to inspect the CONTRACTOR's plans as may be or have been utilized in the performance of the Work. 17.3.4 Extends to Subcontracts - The right to audit encompasses all subcontracts and is binding upon Subcontractors. The rights to examine and inspect shall be exercisable through such representatives as the OWNER deems desirable during normal business hours. 17.3.5 Accounting Records — The CONTRACTOR shall make available to the OWNER for auditing all relevant accounting records an documents and other financial data and, upon request, submit copies of requested records to the OWNER. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-64 17.4 NOT A LIMIT ON RIGHTS OR REMEDIES The duties, obligations, criteria or procedures imposed by these General Conditions and the rights and remedies made available 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. 17.5 LIQUIDATED DAMAGES OWNER and CONTRACTOR recognize that time is of the essence for this Work and that damage will be sustained by the OWNER if the Work is not completed within the time limit or extended time limit set forth in the Contract Documents. They also recognize the delays, expense, and difficulties involved in proving in a legal preceding the actual loss suffered by the OWNER if the Work is not completed on time. Accordingly, instead of requiring such proof, the OWNER and CONTRACTOR agree that, in the event the CONTRACTOR fails to complete the Work within the time limit set forth in the Contract Documents, the CONTRACTOR shall pay the OWNER liquidated damages as specified in the Construction Agreement (Saturdays, Sundays, and holidays included) until the Work is satisfactorily completed as provided by the Contract Documents, notwithstanding anything to the contrary in the Standard Specifications. END OF SECTION CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-65 SECTION 00800 SUPPLEMENTARY CONDITIONS AMENDMENTS TO STANDARD GENERAL CONDITIONS These Supplementary Conditions amend or supplement the "General Conditions" of the Contract (Section 00700) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES Add the following sub-sections to Article 6 of the General Conditions, Paragraph numbers as shown: 6.11.1(a) NPDES Permit. The City's Best Management Practices which the Contractor is to follow are included in Appendix A. END OF SECTION RECYCLED WATER CONVERSION BID PACKAGE NO. 1(MARBELLA) SUPPLEMENTARY CONDITIONS PAGE 00800- 1 APPENDIX A for CITY OF SAN JUAN CAPISTRANO RECYCLED WATER CONVERSION BID PACKAGE No. 2 CIP No. 13601 CITY OF SAN JUAN CAPISTRANO GENERAL NOTES FOR EROSION AND SEDIMENT CONTROL - BEST MANAGEMENT PRACTICES PER NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) IN CASE OF EMERGENCY, CALL: (RESPONSIBLE PERSON) AT (24-HOUR PHONE NUMBER). THE UNDERSIGNED CIVIL ENGINEER WILL SUPERVISE EROSION CONTROL WORK AND CERTIFY THAT THE SYSTEM FUNCTIONS PROPERLY AND IS IN ACCORDANCE WITH THE APPROVED PLANS. (SIGNATURE AND REGISTRATION NUMBER) (DATE) 1. THE DIRECTOR OF ENGINEERING & BUILDING, OR DESIGNEE, RESERVES THE RIGHT TO MAKE CHANGES OR MODIFICATIONS TO THIS PLAN AS DEEMED NECESSARY. 2. A STANDBY CREW FOR EMERGENCY WORK SHALL BE AVAILABLE AT ALL TIMES DURING THE RAINY SEASON. NECESSARY MATERIALS SHALL BE AVAILABLE ON SITE AND STOCKPILED AT CONVENIENT LOCATIONS TO FACILITATE RAPID INSTALLATION OF TEMPORARY DEVICES OR TO REPAIR ANY DAMAGED EROSION CONTROL MEASURES WHEN RAIN IS IMMINENT. 3. DEVICES SHALL NOT BE MOVED OR MODIFIED WITHOUT THE APPROVAL OF THE CITY ENGINEER/CITY ENGINEER OR, IN AN EMERGENCY, BY THE DESIGN CIVIL ENGINEER OR DESIGNEE. 4. ALL REMOVABLE PROTECTIVE DEVICES SHOWN SHALL BE IN PLACE AT THE END OF EACH WORKING DAY WHEN THE FIVE-DAY RAIN PROBABILITY FORECAST EXCEEDS 40 PERCENT. FORECASTS SHALL BE RECEIVED FROM BROADCASTS PROVIDED BY THE UNITED STATES WEATHER SERVICE. 5. AFTER A RAINSTORM, ALL SILT AND DEBRIS SHALL BE REMOVED FROM CHECK BERMS AND DESILTING BASINS AND THE BASINS PUMPED DRY. ANY GRADED SLOPE SURFACE PROTECTION MEASURES DAMAGED DURING A RAINSTORM SHALL ALSO BE IMMEDIATELY REPAIRED. FAILURE TO PROVIDE EFFECTIVE MAINTENANCE MAY RESULT IN PENALTIES. 6. GRADED AREAS AROUND THE TRACT PERIMETER, IF APPLICABLE, MUST DRAIN AWAY FROM THE FACE OF SLOPE AT THE CONCLUSION OF EACH WORKING DAY. 7. THE CONTRACTOR SHALL BE RESPONSIBLE AND SHALL TAKE NECESSARY PRECAUTIONS TO PREVENT PUBLIC TRESPASS ONTO AREAS . WHERE IMPOUNDED WATER CREATES A HAZARDOUS CONDITION. RECYCLED WATER CONVERSION BID PACKAGE NO.2 APPENDIX A PAGE 1 OF 7 CITY OF SAN JUAN CAPISTRANO GENERAL NOTES FOR EROSION AND SEDIMENT CONTROL- BEST MANAGEMENT PRACTICES PER NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 8. AREAS SHALL BE MAINTAINED IN SUCH STATE THAT FIRE ACCESS SHALL BE MAINTAINED AT ALL TIMES (INCLUDING ACCESS TO NEIGHBORING PROPERTIES). 9. FAILURE TO HAVE EROSION CONTROL MEASURES INSTALLED AT THE REQUIRED TIMES WILL RESULT IN FORFEITURE OF THE CLEAN-UP AND COMPLETION DEPOSIT. WORK SHALL NOT CONTINUE UNTIL THE DEPOSIT IS REPLENISHED. 10. PLANTING FOR SLOPE PROTECTION SHALL BE ACCOMPLISHED PRIOR TO ROUGH GRADE RELEASE UNLESS A WAIVER OF THIS REQUIREMENT HAS BEEN OBTAINED FROM THE CITY ENGINEER/CITY ENGINEER. 11. ALL LOT PADS SHALL BE DESIGNED TO DRAIN TO AN ACCEPTABLE LOCATION AT A MINIMUM OF 1 PERCENT. 12. DEVICES SHALL BE PROPERLY MAINTAINED IN PLACE UNTIL PROJECT COMPLETION; TORN GRAVEL BAGS SHALL BE REPLACED. 13. BUILD-UP OF SILT AROUND ANY DESILTERS SHALL BE PERIODICALLY REMOVED TO THE SATISFACTION OF THE CITY INSPECTOR AND THE FIELD SUPERINTENDENT. THE CONTRACTOR SHALL ALSO BE RESPONSIBLE FOR TEMPORARY STORAGE OF EXISTING MANHOLE COVERS, IF APPLICABLE, UNTIL DESILTER USE OF MANHOLE IS COMPLETE. 14. A GUARD SHALL BE POSTED ON THE SITE WHENEVER THE DEPTH OF WATER IN ANY DEVICE EXCEEDS 18 INCHES. 15. AFTER A RAINSTORM, ALL SILT AND DEBRIS SHALL BE REMOVED FROM PUBLIC DRAINS OR PIPES, FROM DRAINS OR PIPES OF ADJACENT PROPERTIES, AND FROM ALL PUBLIC AND PRIVATE STREETS. 16. SUBSEQUENT RAINY SEASONS. FOR PROJECTS EXTENDING INTO SUBSEQUENT RAINY SEASONS, NEW TEMPORARY DRAINAGE AND EROSION CONTROL PLANS SHALL BE SUBMITTED. THESE PLANS SHALL COMPLY WITH ALL THE ABOVE MENTIONED REQUIREMENTS. 17. EROSION AND SEDIMENT CONTROL SHALL BE IN PLACE AND MAINTAINED DURING THE ENTIRE CONSTRUCTION PERIOD. 18. PROVIDE AT DOWNSTREAM CATCH BASINS A WAY TO CATCH DEBRIS FROM ENTERING CATCH BASIN AND PROVIDE PROTECTION AROUND IT DURING THE ENTIRE CONSTRUCTION PHASE (GRAVEL BAGS OR OTHER CITY APPROVED METHOD.) PROTECTION MUST BE IN PLACE AND MAINTAINED DURING THE ENTIRE CONSTRUCTION PROCESS. RECYCLED WATER CONVERSION BID PACKAGE NO.2 APPENDIX A PAGE 2 OF 7 CITY OF SAN JUAN CAPISTRANO GENERAL NOTES FOR EROSION AND SEDIMENT CONTROL- BEST MANAGEMENT PRACTICES PER NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM WDES) 19. PROVIDE PROTECTION DURING ENTIRE CONSTRUCTION PHASE AROUND ALL INLETS WHERE SOIL IS NOT STABILIZED YET WITH VEGETATION (GRAVEL BAGS OR OTHER CITY APPROVED METHOD.) 20. PROVIDE SEDIMENT TRAP AT OUTLET OF ALL PIPES, PRIOR TO ENTERING V-GUTTERS DURING ENTIRE CONSTRUCTION PHASE. RIP RAP MAY BE USED IF APPROPRIATE. 21. IF DEEMED NECESSARY BY CITY INSPECTOR, PROVIDE ADDITIONAL GRAVEL BAGS OR STRAW BALES ON-SITE, ESPECIALLY IN AREAS WITH STEEP SLOPES, TO SLOW WATER AND PROVIDE ADDITIONAL SEDIMENT CONTROL DURING ENTIRE CONSTRUCTION PHASE. 22. IF DEEMED NECESSARY BY CITY INSPECTOR, PROVIDE TWO ROW HIGH GRAVEL BAGS OR STRAW BALES ON THE SLOPE DOWNSIDE NEXT TO ANY PROPOSED SILT FENCES. 23. ALL DISTURBED SLOPES SHOULD BE STABILIZED IMMEDIATELY AFTER CONSTRUCTION (SUCH AS HYDRO SEEDING, OR OTHER APPROVED MEASURES). ALL INLETS SHOULD BE PROTECTED UNTIL VEGETATION IS AT LEAST 80% ESTABLISHED. 24. STABILIZED CONSTRUCTION ENTRANCES MUST BE SET UP PRIOR TO ANY GRADING OR EARTHWORK OPERATION. CONTRACTOR TO MAINTAIN ENTRANCE DURING CONSTRUCTION. 25. SAW CUTTING WATER RUNOFF: SAW CUTTING WATER RUNOFF CONTAINS POLLUTANTS THAT MUST BE CONTAINED AND DISPOSED OF PROPERLY. THE CONTRACTOR SHALL: PREVENT SAW CUT WATER RUNOFF FROM ENTERING CATCH BASINS, MANHOLES, AND STORM DRAINS. DIRECT WATER INTO A TEMPORARY PIT, AND DISPOSE OF THE WATER BY VACUUMING THE WATER INTO A TRUCK AND REMOVING THE WATER FROM THE SITE. PLACE DRIP PANS OR ABSORBENT MATERIALS UNDER SAW CUTTING EQUIPMENT WHEN NOT IN USE. CLEAN UP SPILLS WITH ABSORBENT MATERIALS RATHER THAN BURYING. DISPOSE OF ABSORBENT MATERIAL PROPERLY. RECYCLED WATER CONVERSION BID PACKAGE NO.2 APPENDIX A PAGE 3 OF 7 CITY OF SAN JUAN CAPISTRANO GENERAL NOTES FOR EROSION AND SEDIMENT CONTROL - BEST MANAGEMENT PRACTICES PER NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM WDES) 26. CONCRETE AND MORTAR PRODUCTS: THE CONTRACTOR SHALL PREVENT OR REDUCE THE DISCHARGE OF POLLUTANTS INTO STORM WATER OR STORM WATER SYSTEMS FROM CONCRETE WASTE BY CONDUCTING WASHOUTS AT APPROPRIATE OFF-SITE LOCATIONS, PERFORMING ON-SITE WASHOUTS IN A DESIGNATED AREA, AND PROVIDING APPROPRIATE TRAINING FOR EMPLOYEES AND SUBCONTRACTORS. THE CONTRACTOR SHALL STORE AND MIX DRY AND WET MATERIALS EITHER OFF-SITE OR UNDER COVER, AWAY FROM DRAINAGE AREAS. FOR WASHOUT OF CONCRETE TRUCKS, THE CONTRACTOR SHALL PROVIDE APPROPRIATE OFF-SITE LOCATIONS OR DESIGNATED CONTAINED AREAS AT LEAST 50 FEET AWAY FROM STORM DRAINS, OPEN DITCHES, STREETS, OR STREAMS. THE CONTRACTOR SHALL PREVENT RUN-OFF FROM DESIGNATED WASHOUT AREAS BY CONSTRUCTING A TEMPORARY PIT OR BERMED AREA LARGE ENOUGH TO HANDLE ALL PRODUCED LIQUID AND SOLID WASTE. WHEN CONCRETE SETS, BREAK UP AND DISPOSE OF CONCRETE IN CONSTRUCTION FILLS PER DIRECTION OF THE SOILS ENGINEER OR DISPOSE OF IT AS SOLID WASTE AND/OR RECYCLE. THE CONTRACTOR SHALL INFORM CONCRETE SUPPLIERS AND SUBCONTRACTORS OF THE DESIGNATED WASHOUT LOCATIONS AND DISPOSAL SITES FOR CONCRETE AND MORTAR PRODUCTS AND SHALL BE RESPONSIBLE FOR ENSURING THAT ALL WORKERS USE IT APPROPRIATELY. 27. DURING CONSTRUCTION, CONTRACTOR MUST PROVIDE DAILY STREET SWEEPING. (SWEEP AT END OF EVERY DAY TO PICK-UP DIRT AND/OR DEBRIS.) 28. CONSTRUCTION WATER: THE CONTRACTOR SHALL REDUCE OR ELIMINATE EXCESSIVE CONSTRUCTION WATER THAT MAY CAUSE EROSION AND CARRY POLLUTANTS FROM THE SITE. IN ADDITION, THE CONTRACTOR SHALL: STORE CONSTRUCTION WATER IN LEAK-PROOF TANKS LOCATED AWAY FROM DRAINAGE SYSTEMS. USE CONSTRUCTION WATER CONSERVATIVELY. WHENEVER POSSIBLE, DISPOSE OF EXCESS WATER ON-SITE, BY RECYCLED WATER CONVERSION BID PACKAGE NO.2 APPENDIX A PAGE 4 OF 7 CITY OF SAN JUAN CAPISTRANO GENERAL NOTES FOR EROSION AND SEDIMENT CONTROL - BEST MANAGEMENT PRACTICES PER NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) ALLOWING IT TO SOAK INTO THE GROUND. 29. ASPHALT AND BITUMINOUS PRODUCTS: THE CONTRACTOR SHALL PREVENT OR REDUCE THE DISCHARGE OF POLLUTANTS FROM ASPHALT AND BITUMINOUS OPERATIONS BY PREVENTING RUN-ON AND RUN-OFF OF WATER DURING PAVING OPERATIONS AND PROVIDING APPROPRIATE TRAINING FOR EMPLOYEES AND SUBCONTRACTORS. IN ADDITION, THE CONTRACTOR SHALL: AVOID PRIME OR TACK COATING DURING WET WEATHER. STORE MATERIALS AWAY FROM DRAINAGE COURSES. COVER CATCH BASINS AND MANHOLES WHEN APPLYING SEAL COAT, TACK COAT, SLURRY SEAL, FOG SEAL, ETC. MAKE SURE SAND OR GRAVEL PLACED OVER NEW ASPHALT DOES NOT WASH INTO STORM DRAINS, STREETS, OR CREEKS. DISPOSE OF OLD ASPHALT PROPERLY AND COLLECT, AND REMOVE ALL BROKEN ASPHALT FROM THE SITE, AND RECYCLE WHENEVER POSSIBLE. DO NOT DISPOSE OF ASPHALT PRODUCTS INTO WATERWAYS. FOLLOW THE STORM WATER PERMITTING REQUIREMENTS FOR INDUSTRIAL ACTIVITIES IF PAVING INVOLVES AN ON-SITE MIXING PLANT. 30. HOUSEKEEPING/CLEANUP: THE CONTRACTOR SHALL PREVENT POLLUTION OF STORM WATER FROM CLEAN-UP AND DISPOSAL OPERATIONS BY USING GOOD HOUSEKEEPING METHODS. WHEN FLUIDS OR DRY MATERIALS SPILL, CLEAN-UP SHOULD BE IMMEDIATE, THOROUGH, AND ROUTINE. THE CONTRACTOR SHALL NEVER ATTEMPT TO "WASH THEM AWAY" WITH WATER OR BURY THEM. THE CONTRACTOR SHALL REPORT SIGNIFICANT SPILLS TO THE APPROPRIATE SPILL RESPONSE AGENCIES IMMEDIATELY. THE CONTRACTOR SHALL RECOGNIZE THAT DIFFERENT TYPES OF MATERIALS HAVE DIFFERENT DISPOSAL REQUIREMENTS AND FOLLOW APPROPRIATE PRACTICES. THE CONTRACTOR SHALL CONFINE NOW HAZARDOUS DEBRIS TO DUMPSTERS, COVERED AT NIGHT OR DURING WET WEATHER, AND TAKE THE DEBRIS TO A LANDFILL FOR RECYCLING OR DISPOSAL. THE CONTRACTOR SHALL HANDLE HAZARDOUS DEBRIS IN ACCORDANCE WITH SPECIFIC LAWS AND REGULATIONS AND DISPOSE OF THEM PROPERLY. A SEPARATE PERMIT MAY BE REQUIRED. COMMON HAZARDOUS DEBRIS FOUND ON CONSTRUCTION RECYCLED WATER CONVERSION BID PACKAGE NO.2 APPENDIX A PAGE 5 OF 7 CITY OF SAN JUAN CAPISTRANO GENERAL NOTES FOR EROSION AND SEDIMENT CONTROL- BEST MANAGEMENT PRACTICES PER NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) SITES ARE: LIQUID RESIDUES FROM PAINTS, THINNERS, SOLVENTS, GLUES, AND CLEANING FLUIDS; LEACHING AGENTS FROM LUMBER SUCH AS FORMALDEHYDE, ARSENIC, COPPER, CREOSOTE AND CHROMIUM; MOTOR OIL; GEAR OIL; ANTIFREEZE FLUIDS; BRAKE FLUIDS; ETC.; AND UNUSED PESTICIDES. 31. NPDES AND CLEAN WATER ACT OF 1990 COMPLIANCE. (ALL DEVELOPMENTS) THE APPLICANT SHALL SUBMIT TO THE CITY ENGINEER FOR REVIEW AND OBTAIN APPROVAL FOR A WATER QUALITY MANAGEMENT PLAN (WQMP)/EROSION CONTROL PLAN SPECIFICALLY IDENTIFYING STRUCTURAL AND NON-STRUCTURAL BEST MANAGEMENT PRACTICES (BMP'S) THAT WILL BE USED ON-SITE TO CONTROL PREDICTABLE POLLUTANT RUNOFF. 32. NPDES INDUSTRIAL PERMIT FOR GRADING IN EXCESS OF 1 ACRE. THE APPLICANT SHALL SUBMIT A NOTICE OF INTENT (NOI) TO THE CALIFORNIA STATE WATER RESOURCE CONTROL BOARD FOR COVERAGE UNDER THE STATE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM (NPDES) GENERAL PERMIT FOR STORM WATER DISCHARGES ASSOCIATED WITH DEVELOPMENT/CONSTRUCTION ACTIVITY IN EXCESS OF 1 ACRE OF LAND. EVIDENCE THAT THIS REQUIREMENT HAS BEEN MET SHALL BE SUBMITTED TO THE CITY ENGINEER. 33. THE CITY OF SAN JUAN CAPISTRANO, IN CONFORMANCE WITH THE CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT, IS DEDICATED TO THE ELIMINATION/REDUCTION OF WATER POLLUTION AS A RESULT OF CONSTRUCTION PROJECTS. THE CONTRACTOR SHALL COMPLY WITH THE ITEMS DESCRIBED IN THIS SECTION NECESSARY TO ELIMINATE/REDUCE WATER POLLUTION. SAID ITEMS ARE INTENDED TO PROVIDE PREVENTION, CONTROL, AND ABATEMENT OF WATER POLLUTION INTO STORM DRAIN SYSTEMS, STREAMS, AND ANY OTHER BODIES OF WATER AS A RESULT OF THE CONTRACTOR'S OPERATIONS. THESE ITEMS ARE SUPPLEMENTAL TO THOSE REQUIRED OF THE CONTRACTOR IN SECTION 7-8 "PROJECT SITE MAINTENANCE" OF THE "GREENBOOK". THE PERMITTEE SHALL PLACE EROSION CONTROL DEVICES IN ACCORDANCE WITH THE CITY'S APPROVED STANDARDS REGARDING EROSION CONTROL AND THE CITY OF SAN JUAN CAPISTRANO GRADING ORDINANCE, AND TO THE SATISFACTION OF THE BUILDING AND ENGINEERING DIRECTOR AND/OR DESIGNATED STAFF. PERMITTEE SHALL BE RESPONSIBLE FOR PROVIDING THE FREE FLOW OF STORM RUNOFF AND FLOOD CONTROL CHANNELS, STORM DRAINS, AND TRIBUTARIES DURING THE CONSTRUCTION PERIOD; AND PERMITTEE AGREES TO ASSUME ALL LIABILITY FOR ANY AND ALL RECYCLED WATER CONVERSION BID PACKAGE NO.2 APPENDIX A PAGE 6 OF 7 CITY OF SAN JUAN CAPISTRANO GENERAL NOTES FOR EROSION AND SEDIMENT CONTROL - BEST MANAGEMENT PRACTICES PER NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) DAMAGES THAT MAY RESULT FROM SUCH. PERMITTEE SHALL DESIGN AND IMPLEMENT SEDIMENT BASINS OR USE ANY OTHER APPROVED METHOD TO MINIMIZE DOWNSTREAM SEDIMENT TRANSPORTATION DURING STREAM FLOW. ALL SURPLUS EXCAVATED MATERIAL SHALL BE DISPOSED OF IN ACCORDANCE WITH THE CITY'S GRADING ORDINANCE AND WATER QUALITY ORDINANCE. DISPOSAL AREAS WILL BE UTILIZED IN A MANNER THAT ENSURES ADEQUATE EROSION CONTROL PROTECTION AND THE PREVENTION OF PONDING, AS APPROVED BY THE CITY BUILDING AND ENGINEERING DIRECTOR AND/OR DESIGNATED STAFF. ALL DISPOSAL (STOCKPILING) SITES WITHIN THE CITY MUST BE PERMITTED WITH A GRADING PERMIT. REV. 5/02/05 CONTACT ENGINEERING DIVISION FOR LATEST NOTES RECYCLED WATER CONVERSION BID PACKAGE NO.2 APPENDIX A PAGE 7 OF 7 CITY OF SAN JUAN CAPISTRANO RECYCLED WATER CONVERSION BID PACKAGE NO. 2 Part 2 TECHNICAL SPECIFICATIONS PROJECT NO. 13601 TABLE OF CONTENTS PART 2 - TECHNICAL SPECIFICATIONS 01010 Summary of Work.............................................................................................01010-1 01400 Quality Control..................................................................................................01400-1 0701 Irrigation System ..............................................................................................01510-1 15151 Domestic and Recycled Water Facilities Identification.....................................01520-1 TABLE OF CONTENTS PAGE -1 SECTION 01010 SUMMARY OF WORK PART1 -GENERAL 1.01 RESPONSIBLE AGENCIES AND CONTACTS City of San Juan Capistrano distributes non-potable and recycled water on a wholesale and retail basis. The customer conversions are to remove these City customers from either utilizing potable water or non-potable water for irrigation purposes. After the conversion construction these customers will be utilizing recycled water for irrigation purpose. The Work comprises of furnishing and installing identification (labels, tags, and signs) and miscellaneous buried/above ground modifications at existing non-potable water sites to be converted to recycled water in order to obtain Orange County Health Care Agency approval for the facility to utilize recycled water on landscaping within the sites. Additionally the Work will consist of mobilization of equipment and material on (and off the site including procurement of a staging area, furnishing and installing appurtenances with the above mentioned irrigation system for the irrigation system; coordinate the construction schedule with the OCHCA inspector for the final cross connection testing, conform to all permit requirements, complete site cleanup and repair of damaged facilities as necessary, record drawings (as-builts). The following is a summary of these agencies and their responsible contact information: Rancho Madrina HOA: Ms. Gina Catalano (949) 833-0919 Estates at San Juan Capistrano HOA: Mr. George Gustava (949)481-0556 San Juan Hills Estate HOA: Mr. Gavin Kuehn (949)465-2421 Cook La Novia Park: Mr. David Hubler (949)443-6365 City of San Juan Capistrano: Mr. Stephen Liao (949)443-6326 Ms. Francie Kennedy (949) 487-4304 Orange County Health Care Agency: Mr. John Bamoczi (714)433-6285 Dudek &Associates, Inc.: Mr. Mike Metts (760)479-4111 John Robinson Consulting, Inc. Mr. John Robinson (626) 375-9389 SUMMARY OF WORK 01010- 1 1.02 CROSS-CONNECTION TESTING Prior to the beginning of construction, an initial cross-connection inspection/test will be coordinated by City, each Customer Site, OCHCA and ENGINEER. The test will follow the general guidelines outlined in Section F of the WateReuse Recycled Water Irrigation User's Manual. The purpose of the test is to determine if there are any connections between the existing irrigation system and the potable water system prior to construction. After the construction work has been completed a final cross-connection test will be performed. This final cross-connection test will use non-potable water supplying the irrigation system. This on-site test is to ensure the absolute separation of the non-potable (future recycled water) and potable water systems. The Contractor will contact the City when a final cross-connection test is ready to be performed and the City will coordinate the scheduling of the cross-connection test. The shutdown test procedure is detailed in Section F of the WateReuse Recycled Water Irrigation User's Manual. Upon the successful completion of the shutdown test and approval from OCHCA, the CITY will be allowed introducing recycled water into the non-potable system which will supply recycled water to the irrigation system at each Customer site. 1.03 PERMITS The Contractor shall obtain and pay for a City of San Juan Capistrano Business License. The Contractor shall obtain the required permit from County of Orange Department of Public Works Building and Safety and City of San Juan Capistrano Public works Building and Safety. It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required for the completion of the project. No extra compensation shall be made therefore. 1.04 CONSTRUCTION SCHEDULE The Contractor shall complete the work within the 30 Calendar days from the issuance of the Notice to Proceed. One (1) working day shall be allocated for the final cross-connection test for each site. Any remaining punch list items from the final cross-connection test at each Customer site shall be completed within two (2)working days after the Contractor has been notified that a successful final cross-connection test has occurred at each Customer site. 1.05 SCHEDULE CONSTRAINTS The Contractor shall notify the CITY in writing and provide a construction schedule 7 calendar days prior to beginning the construction activities at each site. The Contractor shall assume at least a one week time period (seven calendar days) will be required from the date of the written notification to the CITY that the site is ready for final cross- connection testing to the completion of the final cross-connection test. SUMMARY OF WORK 01010- 2 The Contractor shall be responsible to coordinate with the City, each Customer site, OCHCA and ENGINEER for the final cross connection testing. The Contractor shall keep the existing irrigation system operational during construction to facilitate maintenance at each Customer site. When it is necessary to de-activate the existing system or portions thereof,the Contractor shall coordinate with the each Customer Superintendent so as not to unduly hamper their maintenance work.. 1.06 CONSTRUCTION SEQUENCING A pre-construction meeting with the City, each Customer site, OCHCA, and ENGINEER will be held with the Contractor at each Customer site prior to any construction activities at the Customer sits to discuss the overall project, define the specific work requirements and cover any questions. All buried piping shall be inspected by City, OCHCA and ENGINEER field representatives prior to being backfilled. If any recycled water, potable water, or non- potable water piping is buried before field inspection,all or any portion of the piping system may be required to be exposed and corrected as necessary with no additional days allowed on the construction schedule. During the final cross-connection test, a punch list may be generated which the Contractor will be required to complete prior to receiving final approval from the City. The City will notify the Contractor in writing of the successful completion of the final cross-connection testing. At that time, the Contractor can complete the punch list construction work. This construction sequencing is further explained within Section G of the WateReuse Recycled Water Irrigation User's Manual. 1.07 WORKING HOURS Normal working hours will be limited to 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays. Weekend work will not be permitted unless otherwise approved by the City and each Customer site. 1.08 PRECONSTRUCTION VIDEO No preconstruction video will be required by the City; however, the Contractor can prepare a preconstruction video at any of the Customer sites at their own costs. 1.09 DETAILED SPECIFICATIONS The material specifications for all products and the execution requirements for these products shall be per these Specifications the Contract Drawings, City Standard Specifications for Pipeline Construction, and the WateReuse Recycled Water Irrigation User's Manual. If the material is not covered within the above Specifications, then the Standard Specifications for Public Works Construction("Greenbook")shall govern. SUMMARY OF WORK 01010- 3 1.10 ORDER OF PRECEDENCE In resolving conflicts resulting from errors, discrepancies, ambiguities, or inconsistencies in any of the Contract Documents, the order of precedence shall be as follows: 1. Change Orders 2. Addenda 3. The Bid 4. Technical Specifications 5. Drawings 6. City Standard Specifications for Pipeline Construction 7. WateReuse Recycled Water Urban Irrigation User's Manual 8. Standard Specifications for Public Works Construction 9. Advertisement for Bid 10. Instruction to Bidders With reference to Drawings, the order of precedence is as follows: 1. Contract Drawings govern over standard drawings 2. Addenda and change order drawings govern over Contract Drawings 3. Detail drawings govern over general drawings 4. Figures govern over scaled dimensions 1.11 RESTORATION OF IMPROVEMENTS The Contractor shall be responsible for the protection of all the trees, shrubs, irrigation systems,fences, hardscape and other landscape items adjacent to or within the work area, unless they are directed to do 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 and each Customer site representative or pay damages to the City. All curbs,gutters, driveways, sidewalks, buildings, equipment, roadways, utilities, grounds, landscaping, irrigation and similar improvements that are broken or damaged by the Contractor's operations shall be reconstructed by the Contractor. Reconstruction shall be of the same kind of materials with the same finish and in no less than the same dimensions as the original work. Repairs shall be made by removing and replacing the entire portion between joints or scores and not merely refinishing any damaged part. All work shall match the appearance of the existing improvements as nearly as possible. Parking lots and roads in which the surface is removed, broken, or damaged, or in which the ground has caved or settled during the work under this Contract, shall be resurfaced and brought to the original grade and section. Parking lots and roadways used by the Contractor shall be cleaned and repaired. Before resurfacing material is placed, edges of pavements shall be trimmed back far enough to provide clean, solid, vertical faces, and shall be free of loose material. SUMMARY OF WORK 01010-4 Planted areas(including grass) and hardscape areas which are damaged by actions of the Contractor shall be restored as nearly as possible to their original condition. All trees, bushes or shrubbery that are removed or cut must be replaced with similar kind and quality. All irrigation lines that are cut or damaged during the construction activities shall be repaired by approved methods to good working order at the end of each day. The Contractor shall be responsible for maintaining and cleaning up of all areas within all construction staging areas etc., occurring from his construction activity. The Contractor shall resod all grass areas damaged during the construction activities. This restoration shall include placement of five(5) inches of good topsoil, along with resoding and/or replacement of the landscape items. 1.12 SEPARATION REQUIREMENTS All potable water, recycled water,fire water and sewer lines shall be installed to maintain a 4-foot minimum horizontal separation between utilities. Construction of utilities with less than 4-feet of horizontal separation shall be pre-approved by the ENGINEER. Normally, water, sewer and recycled water shall be located vertically from the finish surface in order of the higher quality, i.e., water shall be above recycled water and recycled water shall be above sewer. A minimum of 1-foot clearance vertically between the utilities should be maintained at all times. Whenever a crossing must occur where there is no alternative but to install the main with less than the required horizontal separation or not in the higher quality, special construction will be required as directed by the City and ENGINEER. 1.13 TRAFFIC REQUIREMENTS Pedestrian, vehicle traffic flow through the Customer site will be maintained at all times. If it is necessary to impact any vehicle traffic on a site, the Contractor shall obtain approval from the City two days prior to disturbing the normal traffic flow. The Contractor shall maintain the access roads through the project site and shall keep all public roads around the Customer site open to public traffic. The Contractor shall conduct his operations to cause the least possible obstruction to traffic and inconvenience to the public. 1.14 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS The stamped set of approved plans and specifications shall be on the jobsite at all times and in addition the Contractor shall maintain "As-Built" drawings of all work, continuously as the job progresses. A separate set of prints for this purpose shall be required and these drawings shall be up-to-date. Upon completion of the project, the Contractor shall provide the "As-Built"corrections on a copy of the plans. 1.15 ADDITIONAL INSURED The certificates of insurance shall list City of San Juan Capistrano, Rancho Madrina HOA, Estates at San Juan Capistrano HOA, San Juan Hills Estate HOA, Dudek & Associates, and John Robinson Consulting, Inc., as additional insureds. For purposes of indemnification, Dudek & Associates, and John Robinson Consulting, Inc. shall be considered agents of the City. SUMMARY OF WORK 01010- 5 1.16 INDEMNIFICATION Contractor hereby releases and agrees to indemnify, defend, hold harmless the City, Rancho Madrina HOA, Estates at San Juan Capistrano HOA, San Juan Hills Estate HOA, ENGINEER (hereinafter Dudek & Associates), John Robinson Consulting, Inc., their parent and subsidiary companies, agents, employees, consultants and representatives for any and all damage to persons or property or 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 the City, Rancho Madrina HOA, Estates at San Juan Capistrano HOA, San Juan Hills Estate HOA, ENGINEER, their parent and subsidiary companies, as well as their agents and employees, excepting only the sole negligence of the City, American Golf, Engineer, their parent or subsidiary companies and their agents and employees to the fullest extent permitted by law. Such indemnification shall extend to all claims, demands,actions,or liability for injuries,death or damages occurring after completion of the project, as well as during the work's progress. Contractor further agrees that it shall accomplish the above at its own cost, expense and risk exclusive of and regardless of any applicable insurance policy or position taken by any insurance company regarding coverage. 1.17 JOB SITE SAFETY Contractor acknowledges responsibility for jobsite safety and acknowledges that the City, Rancho Madrina HOA, Estates at San Juan Capistrano HOA, San Juan Hills Estate HOA, Engineer (hereinafter Dudek & Associates), John Robinson Consulting, Inc., will not have any such responsibility. 1.18 CONTRACTOR'S LICENSE The Contractor shall possess a valid Class A, C-34 or C-37 Contractor's license or better at the time of submitting bids. 1.19 STAKING Contractor will be responsible for staking all sprinklers and controllers will be staked on site in advance of any construction. The Contractor is responsible for maintain the location of all staked equipment. 1.20 GUARANTEE The Contractor shall be responsible for furnishing a completed, fully operational recycled water irrigation system, free from defects in material and workmanship. It shall be the Contractor's responsibility to repair all leaks, and repair or replace all deficient materials prior to the CITY's acceptance of the completed irrigation system. The work included in the contract shall be guaranteed by the Contractor to be free from all defects in material and workmanship for a period of one (1) year after the City's final acceptance of the recycled water irrigation system and non-potable irrigation system. During the warranty period,the Contractor shall make all necessary repairs or replacements of defective materials due to component failure or improper installation without additional cost to the City. The Contractor shall repair and restore any settling of backfilled trenches, including all planting, paving or other conditions damaged by such setting. SUMMARY OF WORK 01010- 6 Should the Contractor fail to respond to the Owner's request for repair work within forty- eight (48) hours, the City may make necessary repairs at the Contractor's expense. The City in coordination with the Customer site personnel may make emergency repairs as necessary without relieving the Contractor's warranty obligation. During the warranty period, the Contractor shall perform other work or services to the system at the City's request and shall be paid on a time and materials basis for such work as negotiated with the City. 1.21 DRAWINGS AND VERIFICATION OF DIMENSIONS All plot plan dimensions are approximate, and shall be checked and verified by the Contractor before proceeding with work. The Contractor shall report all variations from those indicated in the plot plan to the City or the Engineer. For clarity and legibility, pipelines and electrical lines are diagrammatic. The sizes and location of equipment are drawn to scale wherever possible. PART2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) -END OF SECTION- SUMMARY OF WORK 01010- 7 SECTION 01400 QUALITY CONTROL PART 1 -- GENERAL 1.1 DEFINITION A. Specific quality control requirements for the WORK are indicated throughout the Contract Documents. The requirements of this Section are primarily related to performance of the WORK beyond furnishing of manufactured products. The term "Quality Control" includes inspection, sampling and testing, and associated requirements. 1.2 INSPECTION AT PLACE OF MANUFACTURE A. Unless otherwise indicated, all products, materials, and equipment shall be subject to inspection by the ENGINEER at the place of manufacture. At the discretion of the ENGINEER inspection at the place of manufacture may be waived, but this does not relieve the Contractor of the responsibility to meet the product requirements as described or implied within the contract documents. B. The presence of the ENGINEER at the place of manufacturer, however, shall not relieve the CONTRACTOR of the responsibility for providing products, materials, and equipment which comply with all requirements of the Contract Documents. Compliance is a duty of the CONTRACTOR, and said duty shall not be avoided by any act or omission on the part of the ENGINEER. 1.3 SAMPLING AND TESTING A. Unless otherwise indicated, all sampling and testing will be in accordance with the methods prescribed in the current standards of the ASTM, as applicable to the class and nature of the article or materials considered; however, the CITY reserves the right to use any generally-accepted system of sampling and testing which, in the opinion of the ENGINEER will assure the CITY that the quality of the workmanship is in full accord with the Contract Documents. B. Any waiver by the CITY of any specific testing or other quality assurance measures, whether or not such waiver is accompanied by a guarantee of substantial performance as a relief from the testing or other quality assurance requirements originally indicated, and whether or not such guarantee is accompanied by a performance bond to assure execution of any necessary corrective or remedial WORK, shall not be construed as a waiver of any requirements of the Contract Documents. C. Notwithstanding the existence of such waiver, the ENGINEER reserves the right to make independent investigations and tests, and failure of any portion of the WORK to meet any of the requirements of the Contract Documents, shall be reasonable cause for the ENGINEER to require the removal or correction and reconstruction of any such WORK in accordance with the General Conditions. 1.4 INSPECTION AND TESTING SERVICE A. Inspection and testing laboratory service shall comply with the following: QUALITY CONTROL 01400-1 1. Unless indicated otherwise by the Technical Specifications, the CITY will appoint, employ, and pay for services of an independent firm to perform inspection and testing or will perform inspection and testing itself. 2. The CITY or independent firm will perform inspections, testing's, and other services as required by the ENGINEER under Paragraph 1.3C above. 3. Reports of testing, regardless of whether the testing was the CITY'S or the CONTRACTOR'S responsibility, will be submitted to the ENGINEER, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. 4. The CONTRACTOR shall cooperate with the CITY or independent firm and furnish samples of materials, design mix, equipment, tools, storage, and assistance as requested. 5. The CONTRACTOR shall notify ENGINEER 24 hours prior to the expected time for operations requiring inspection and laboratory testing services. 6. Retesting required because of non-conformance to requirements shall be performed by the same independent firm on instructions by the ENGINEER. The CONTRACTOR shall bear all costs from such retesting. 7. For samples and tests required for CONTRACTOR'S use, the CONTRACTOR shall make arrangements with an independent firm for payment and scheduling of testing. The cost of sampling and testing for the CONTRACTOR'S use shall be the CONTRACTOR'S responsibility. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 INSTALLATION A. Inspection: The CONTRACTOR shall inspect materials or equipment upon the arrival on the job site and immediately prior to installation, and reject damaged and defective items. B. Measurements: The CONTRACTOR shall verify measurements and dimensions of the WORK, as an integral step of starting each installation. C. Manufacturer's Instructions: Where installations include manufactured products, the CONTRACTOR shall comply with manufacturer's applicable instructions and recommendations for installation, to whatever extent these are more explicit or more stringent than applicable requirements indicated in Contract Documents. - END OF SECTION- QUALITY CONTROL 01400-2 SECTION 0701 IRRIGATION SYSTEMS 3.0 MATERIAL AND INSTALLATION 3.1 MATERIAL -APPROVAL A. Bids are to be based upon the materials as specified. If the Contractor wishes to submit an alternative to a listed item, the Contractor shall include descriptive literature for the alternative item and a cover letter indicating the cost difference to be applied to the bid price. The decision to accept or reject any alternative items submitted will be made by the CITY and ENGINEER during consideration of the bids. B. The successful bidder will be required to furnish three (3) copies of a list of the materials, complete with manufacturer's name and model numbers, which are not named by brand or model number in the Plans and Specifications and upon which the Contractor's bid is based. Award of the Contract will not be made until such list is received and approved by the CITY. 3.2 STANDARDS, SOURCE, AND DIMENSIONAL REQUIREMENTS A. Specifications for materials to be used in the installation of the irrigation system are based on United States of America sourced materials. B. All references to testing and approval agencies are as follows: (1) ANSI: American National Standards Institute (2) ASAE: American Society of Agricultural Engineers (3) ASME: American Society of Mechanical Engineers (4) ASTM: American Society for Testing and Materials (5) AWWA: American Water Works Association (6) MSS: Manufacturers Standardization Society MATERIAL AND INSTALLATION 0701-1 (7) NEMA: National Electrical Manufacturers Association (8) NSF: National Sanitation Foundation (9) UL: Underwriters Laboratories, Inc. C. All dimensional sizes included in these specifications and the accompanying plans and drawings are based on the English System of measurement. Metric equivalents of nominal sizes are provided for reference. 3.3 EXPLANATION AND PRECEDENCE OF DRAWINGS A. For purposes of clarity and legibility, sprinkler lines are essentially diagrammatic. Size and location of equipment is drawn to scale wherever possible. The Contractor shall make use of data in the Contract documents and verify this information at the construction site. The Contractor shall furnish and install work called for on the drawings, whether or not specifically mentioned in the specifications. 3.4 EXISTING UTILITY LINES A. The Contractor s h a I I be responsible for contacting all utility companies to verify and mark the location of all utilities on the property prior to commencing work. The Contractor shall be responsible for locating any such lines during the course of work, and is responsible for repairing any damages to these utilities caused by the Contractor or his subcontractors. 3.5 EXISTING IRRIGATION SYSTEM (RENOVATION WORK) A. The Contractor shall keep the existing irrigation system operational during construction to facilitate maintenance of each Customer site. When it is necessary to de-activate the existing system or portions thereof, the Contractor shall coordinate with the ENGINEER and Customer site Superintendent so as not to unduly hamper his/her maintenance work. MATERIAL AND INSTALLATION 0701-2 3.6 PUBLIC ACCESS (RENOVATION WORK) A. The Customer sites shall remain open to the HOA membership or the public during the construction period unless otherwise stated in the bid proposal form. Work shall be carried out in such a manner as to cause the minimum amount of interference to the HOA and the public. The Contractor shall arrange with the ENGINEER and the Customer site Superintendent to close all of or portions of Customer site facilitate this work. B. Open trenches shall be confined to a single area at the Customer site where possible. Contractor shall place barricades on holes and trenches left open during the week. C. The Contractor shall backfill holes and trenches in landscape areas on Friday to facilitate holiday and/or weekend use of the HOA or park. No work shall be permitted on weekends or holidays unless specifically approved in advance by the CITY and the Customer site Superintendent. 3.7 CARE OF SOD (RENOVATION WORK) A. For phases of the work requiring trenching or excavating, sod shall be cut with a sod cutting machine, rolled and placed beside the trench, out of the way of the work, watered while out, and replaced within two (2) days. 3.8 SPRINKLER HEAD AND CONTROLLER LOCATING ON SITE A. Contractor will be responsible for staking all sprinklers and controllers will be staked on site in advance of any construction. The Contractor shall be responsible for maintaining the integrity of the marked sprinkler locations. Any loss of marks causing added work will be at the expense of Contractor. Added costs will be charged to CITY and deducted from moneys owed to Contractor. MATERIAL AND INSTALLATION 0701-3 B. Controllers shall be located by the Contractor according to the Plan after sprinklers are staked. Controller locations should then be inspected by the ENGINEER and the Customer site Superintendent. 3.9 PIPE AND FITTINGS A. Pipe 3" (75 mm) and smaller shall be polyvinyl chloride (PVC), solvent weld or gasket joint, or high density polyethylene (HDPE) as called for on the Plan. Pipe shall be of the Schedule, Class or Dimension Ratio (DR) specified on the Plan. The terms Dimension Ratio (DR) and Standard Dimension Ratio (SDR) are used interchangeably and define the same relationship between minimum wall thickness and outside diameter (OD) for the purpose of defining pressurerating. All pipes shall be supplied by the same manufacturer unless specific prior approval is obtained from the Designer. Pipe shall conform to the following specifications and requirements: (1) PVC pipe and fittings shall be used below grade. PVC pipe and fittings used above grade shall be of UV resistant material. HDPE pipe and fittings may be used below and above grade. When HDPE materials are used above grade in conditions where temperatures exceed 73° F (230C), a thermal service factor must be used to determine the maximum operating pressure allowable. (2) PVC pipe shall be extruded from 100 percent virgin polyvinyl chloride (PVC) Type I, Grade I resin conforming to the requirements of ASTM D2241 with SDR 13.5. Schedule 40 and Schedule 80 PVC pipe shall conform to the requirements of ASTM D1785 and ASTM D2672 for Bell-End PVC. SDR- PR pressure rated PVC pipe shall conform to the requirements of ASTM D2241. Manufacturer's certification of testing and compliance shall be furnished if requested. (3) HDPE pipe shall be made from polyethylene resin compound with a minimum cell classification of PE 345464C for PE MATERIAL AND INSTALLATION 0701-4 3408 materials in accordance with ASTM D 3350. This material shall have a Long Term Hydrostatic Strength of 1600 psi (110 bars). Pipe shall be manufactured in accordance with ASTM D 714. (4) Pipe shall be homogeneous throughout, free from cracks, holes or foreign material. Pipe shall be free from blisters, dents, ripples, die and heat marks. (5) Pipe shall be continuously and permanently marked with size and class or schedule of pipe, material code, manufacturer's name or trademark, and manufacturer's lot number. B. Pipe fittings 3" (75 mm) and smaller shall be PVC solvent weld connection for pipe specified as PVC solvent weld joint and shall be ductile iron or PVC gasket connection for pipe specified as PVC gasket joint on the Plan. Pipe fitting connections for HDPE pipe shall be by thermal butt fusion, flanged, compression, or mechanical joint. Pipe stiffeners shall be used for mechanical joint connections. Pipe fittings shall conform to the following specifications and requirements: (1) Solvent weld PVC fittings shall conform to ASTM D1784 for rigid PVC compounds. Schedule 40 and Schedule 80 solvent weld PVC fittings shall conform to ASTM D2466 and D2467 respectively for socket-type PVC fittings. Schedule 80 threaded PVC fittings shall conform to ASTM D2464 for threaded-type PVC fittings. Fittings shall be produced from PVC Type I material, Cell Classification 12454-B as manufactured by Lasco. (2) Gasket joint fittings for 3" (75 mm) and smaller pipe shall be ductile iron or PVC. Gasket joint ductile iron fittings shall be IPS dimension as manufactured by Harco or Leemco. Gasket joint PVC fittings shall be Class 315 as manufactured by Lasco and shall conform to ASTM D1784, D3139, and F1970. Gaskets shall conform to ASTM F477. PVC Class 315 fittings shall be designed to withstand a minimum of 992 PSI (68,4 bars) short-term pressure at 73° F (23° C). Maximum joint deflection shall not exceed manufacturer's recommendation. (3) PVC threaded fittings and nipples shall be Class 315 SDR 13.5 unless otherwise noted on the plan or MATERIAL AND INSTALLATION 0701-5 construction detail. Minimum length of PVC nipples shall be 3" (8 cm). (4) All changes in depth of pipe shall be made with 45 degree fittings. PVC couplings shall be the same material and wall thickness as pipe used. (5) All swing joints assemblies shall be PVC, unitized construction, with a minimum pressure rating of 315 PSI (21,7 bars). Swing joints shall be of manufacturer and model number as called for on the Plan. C. Plastic pipe and fittings 3" (75 mm) and smaller shall be assembled as follows: (1) Use care in handling, loading and storing to avoid damage. Store pipe and fittings under cover and protect from sunlight prior to use. Transport pipe in a vehicle with a bed long enough to allow the length of pipe to lay flat, so as not to be subject to undue bending or concentrated external loading at any point. Any pipe that has been dented or damaged will not be accepted. (2) Pipe shall be cut square and connecting surfaces shall be clean and dry. Burrs shall be removed inside and outside of pipe end. Pipe ends shall be chamfered on outside before assembly. (3) For assembly of PVC solvent weld pipe, use primer/cleaner and solvent cement as supplied by IPS Weld-On or Christy's. (a) Use primer/cleaner to clean the outside end of pipe and the inside of the fitting socket. Use a non- synthetic bristle brush to spread solvent on the inside diameter of the socket and the outside end of pipe as recommended by the solvent manufacturer. Avoid excess solvent, making sure that coated area on the pipe is equal to the depth of the fitting socket. Apply solvent from no larger than pint size containers with air tight covers. Clean and refill the containers each day. (b) Make joint immediately after applying the solvent. Give a half-turn to dispel air and spread the solvent. Check all tees and ells for correct position. Hold joint MATERIAL AND INSTALLATION 0701-6 in place for sufficient time to ensure that pipe does not push out from fittings. Use clean rag to wipe off excess solvent. (4) For assembly of PVC gasket joint pipe, use a gasket lubricant as supplied by or recommended by the pipe manufacturer. (a) Use lubricant for assembling pipe and fittings. Lubricant shall be water soluble, non-toxic, non- objectionable in taste and odor imparted to the fluid, non- supporting of bacteria growth, and shall have no deteriorating effect on the PVC or rubber gasket. (b) Pipe, couplings, rubber rings, and lubricant shall be furnished by the same pipe manufacturer or as expressly recommended by them for use with their product. (5) On PVC to metallic connections, assemble the metallic connection first. Use a non-hardening Teflon pipe dope or Teflon tape on all threaded PVC to metallic joints. Use only light wrench pressure to avoid damage to PVC fittings. (6) For assembly of HDPE pipe, follow manufacturer's guidelines for assembly and installation. (a) For continuous runs of pipe, use thermal butt fusion method of assembly. (b) For connection to fitting or valves, use thermal butt fusion to connect pipe to flange adaptors or transition fittings. D. PVC solvent weld pipe and HDPE thermal fusion joint pipe up to and including 2-1/2" (65 mm) shall be installed by a suitable trenchless technique (pulled in) where soil and project conditions permit. Open trench installation shall be used where soil conditions are unsuitable for pulling or where terrain dictates. Installation and backfill requirements listed in paragraph E shall be followed for open trench installation. No loss of warrantee due to installation technique will be allowed. Provide minimum depth of cover as indicated on the Plan. Locate existing utilities and pot-hole ahead MATERIAL AND INSTALLATION 0701-7 of trenching or pulling operation. The general procedure for trenchless installation shall be as follows: (1) Assemble PVC pipe to be "pulled in" no less than sixteen (16) hours before "pulling". Assemble PVC pipe by solvent welding with couplings (solvent weld bell end pipe is acceptable). Assemble HDPE pipe by thermal butt fusion. Fittings for sprinkler and valve connections, etc. are to be installed after pipe is in the ground. (2) Dig potholes for sprinklers at staked locations. Contractor shall ensure that sprinklers are installed within six (6) inches of original staked locations. Pull pipe into ground approximately 6" (15 cm) off-set from actual staked sprinkler locations. Sections of installed pipe are to be moved through the ground to allow for proper installation of fittings. Potholes for sprinklers shall be only deep enough under the riser fitting so that it will be resting on undisturbed earth once the sprinkler is set to grade. (3) Flush lines thoroughly. Cap and test at a minimum 125 PSI (8,6 bars), not to exceed 150 PSI (10,3 bars) at any point, for one (1) hour prior to installation of sprinkler heads and backfill of holes. Testing shall be done with swing joints in place. (4) Holes shall be backfilled and all loose dirt and debris cleaned up immediately following completion of pressure tests. Raised slits from pipe installation shall be compacted to original grade with vibrating roller or other suitable compacting machine. E. PVC gasket joint pipe indicated on the Plan as 3" (75 mm) and smaller, 3" (75 mm) PVC solvent weld pipe, and 3" (75 mm) HDPE pipe shall be installed by trenching, laying pipe, back-filling and compacting. Locate existing utilities and pot-hole ahead of trenching operation. Pipe installed by trenching shall be installed as follows: (1) Trench depth shall provide a minimum depth of cover as indicated on the Plan. The bottom of the trench shall be free of rocks, clods and other sharp edged objects. MATERIAL AND INSTALLATION 0701-8 (2) Lower pipe into open trench after being assembled on the surface. Provide a firm, uniform bearing for the entire length of each pipe line to prevent uneven settlement. (3) Snake PVC solvent weld pipe and HDPE fusion joint pipe from side to side of trench bottom to allow for expansion and contraction. One (1) additional foot of pipe is the minimum allowance for snaking. Never lay pipe when there is water in trench or when the temperature is 32° F (0° C) or below. (4) Concrete thrust blocking or joint restraints shall be installed at all tees, elbows, gate valves and reducers for PVC gasket joint pipe. Size, location and installation of thrust blocks or joint restraints shall be in accordance with the manufacturer's installation manual and the Construction Details. The Contractor shall be responsible for ensuring the stabilization of all fittings and valves in the piping system. (5) Backfill trench with material free of rocks, clods and other sharp edged objects. Embedment material around the pipe and 6" (15 cm) over the pipe shall be 1/2" (13 mm) or less in size. Balance of backfill material shall be 1'h" (38 mm) or less in size. Provide 90% compaction on all backfilled material. (6) Use the same pipe pressure test procedure as described above under general procedure for trenchless installation. F. Pipe 4" (100 mm) and larger shall be PVC gasket joint or HDPE thermal fusion joint as called for on the Plan. Pipe shall be of the Pressure Class and DR Rating indicated on the Plan. All pipes shall be supplied by the same manufacturer unless specific prior approval is obtained from the Designer. Pipe shall conform to the following specifications and requirements: (1) PVC pipe shall be extruded from 100 percent virgin polyvinyl chloride (PVC) Type I, Grade I resin conforming to the requirements of ASTM D1784. SDR-PR and DR-PR pressure rated PVC shall conform to the requirements of ASTM D2241 and AWWA C900 and C905 respectively. Rubber ring gaskets shall conform to ASTM F477. Joint design testing shall conform to ASTM D3139. Manufacturer's certification of testing and compliance shall be furnished if requested. MATERIAL AND INSTALLATION 0701-9 (2) HDPE pipe shall be made from polyethylene resin compound with a minimum cell classification of PE 345464C for PE 3408 materials in accordance with ASTM D 3350. This material shall have a Long Term Hydrostatic Strength of 1600 psi (110 bar). Pipe shall be manufactured in accordance with ASTM D 714. (3) Pipe shall be homogeneous throughout, free from cracks, holes or foreign material. Pipe shall be free from blisters, dents, ripples, die and heat marks. (4) Pipe shall be continuously and permanently marked with size and class of pipe, material code, manufacturer's name or trademark and manufacturer's lot number. (5) PVC pipe shall be gasket joint connection. Bell and gasket shall be an integral part at one end of each pipe joint. The opposite end of each pipe joint shall be tapered to insert into the gasketed bell end. (6) PVC pipe shall be furnished in standard 20' lengths (6,1 m). Wall thickness and outside diameter shall be in accordance with ASTM D2241 for SDR-PR pipe and AWWA C900 and C905 for DR- PR pipe. (7) Lubricant for assembling PVC pipe and fittings shall be water soluble, non-toxic, non-objectionable in taste and odor imparted to the fluid, non-supporting of bacteria growth, and shall have no deteriorating effect on the PVC or rubber gasket. (8) PVC pipe, couplings, rubber rings, and lubricant shall be furnished by the same pipe manufacturer or as expressly recommended by them for use with their product. G. Pipe fittings and connections for 4" (100 mm) and larger pipe shall conform to the following specifications and requirements: (1) For IPS dimension PVC pipe, fittings shall be IPS dimension push-on, deep bell, gasket sealed and made of Grade 65-45- 12 ductile iron in accordance with ASTM A536. Fitting gaskets shall be in accordance with ASTM F477. MATERIAL AND INSTALLATION 0701-10 (2) For C900 and C905 PVC pipe, fittings shall be push-on or mechanical joint ductile iron in accordance with ASTM A536. Gaskets shall be in accordance with AWWA C111. (3) Connection of lateral lines to a mainline shall be made with service saddles or ductile iron service tees as called out in the Plans and Construction Details. Service saddles shall be of ductile iron or stainless steel material as called out on the Plan Notes and Construction Details. When using service saddles, drill no larger than a 1-1/2" (38 mm) hole in pipe. Check with pipe manufacturer for maximum size hole recommended in each size of pipe. H. Pipe 4" (100 mm) and larger shall be installed by trenching, laying pipe, back-filling and compacting. Locate existing utilities and pot- hole ahead of trenching operation. Pipe shall be installed as follows according to the pipe manufacturer's installation guidelines. (1) Mark mainline route with gypsum or white marking paint. Use templates or models made from 2" (50 mm) pipe and fittings (minimum 6' (1,8 m) long legs) to layout changes in direction of mainline for tees, 45 and 90 degree bends. (2) Excavation and backfill of all trenches, including the material, equipment and labor necessary for the completion of work, shall be considered as included in the Contract price for installation of the irrigation system. No additional payment beyond the Contract will be due from the CITY. (3) Trench width shall allow for 4" (10 cm) of clearance on each side of pipe. Mainline trench depth shall provide a minimum depth of cover as indicated on the Plan. The trench bottom shall be free of rocks, clods and other sharp objects. (4) Concrete thrust blocking or joint restraints shall be installed at all tees, elbows, gate valves and reducers on PVC piping systems. Size, location and installation of thrust blocks or joint restraints shall be in accordance with the manufacturer's installation manual and the Construction Details. The Contractor shall be responsible for ensuring the stabilization of all fittings and valves in the piping system. (5) Backfill of trenches shall be accomplished in no less than three (3) layers of material and shall provide a minimum of MATERIAL AND INSTALLATION 0701-11 90% compaction. Each layer shall be compacted prior to the next layer of backfill. Backfill material shall be free of rocks, large clumps of dirt, and abrasive materials. The initial embedment layer particle size shall not exceed 1/2" (13 mm) diameter. (6) Leakage tests on mainline pipe shall be conducted in accordance with the following parameters. Tests shall be performed on each section of mainline between gate valves as soon as the section is completed. The purpose of a leakage test is to establish that the section of line to be tested, including all joints, fittings and other appurtenances, will not leak or that leakage is within the limits of the applicable leakage allowance. Normal operating pressure is usually applied for tests. This should be maintained as constant as possible throughout the period of test. Measurement of the amount of additional water pumped in during test provides a measurement of the amount of leakage, if any. In setting up a section of line for test, an air relief valve should be provided. Air trapped in the line during test will affect test results. A two hour test is recommended and the leakage allowable shall be determined by the formula: L _ AD-�P- 7400 L is the allowable leakage, in gallons per hour; N is the number of joints in the length of pipeline tested; D is the nominal diameter of the pipe in inches; and P is the average test pressure during the test in pounds per square inch gauge. Leakage values determined by the above formula are shown in the table below. MATERIAL AND INSTALLATION 0701-12 Leakage Allowable - Gallons (Liters) per 1000 Ft. (50 Joints)/Hr. Pipe Size Test Pressure (psi) (inches) 1 50 100 150 200 250 4 .19 (.72)---.27 (l.02) -----.33(l.25) ---.38(l.44)- - .4-3(l.63) 6 .29(1.10) 41 (1.55) .50(1.89) .57(2.16) .64(2.42) 8 .38(1.44) .54(2.04) .66(2.50) .76(2.88) .85(3.22) 10 .48(l.82) .68(2.57) .83(3.14) 96(3.63) 1.07(4.05) 12 .57(2.16) .81 (3.07) .99(3.75) 1.15(4.35) 1.28(4.85) 14 .67 (2.54) .95(3.60) 1.16(4.39) 1.34(5.07) 1.50(5.68) 16 .76(2.88) 1.08(4.09) 1.32(5.00) 1.53(5.79) 1.71 (6.47) 18 .86(3.26) 1.22(4.62) 1.49(5.64) 1.72(6.51) 1.92(7.27) 20 .96(3.63) 1.35(5.11) 1.66(6.28) 1.91 (7.23) 2.14(8.10) 24 1.15(4.35) 1.62(6.13) 1.99(7.53) 2.29(8.67) 2.56(9.69) If leakage exceeds the value listed in the table, the leak must be found and repaired and a new test performed. Consideration should be given to any valves isolating the test section. Many water works valves are not designed for leak proof operation. Leakage through these valves can distort actual leakage figures. 1. Pipe installed under public or private roads shall be Ductile Iron unless otherwise noted on the Plan or approved by City and ENGINEER. Pipe shall be installed in accordance with local codes and regulations governing road crossings. J. Pipe installed at bridge or stream crossings shall be Schedule 40 steel or Ductile Iron with joint restraints unless otherwise noted on the Plan or approved by City and ENGINEER. Pipe on bridge crossings shall be installed with pipe supports at 5' (1,5 m) intervals along the bridge crossing. Pipe shall be installed underneath the bridge wherever possible. Black or galvanized steel pipe and fittings shall be painted or otherwise coated with corrosion resistant material. K. Pipe and fittings installed above ground or in valve boxes or vaults shall be Ductile Iron or Schedule 40 black or galvanized steel as called out in the construction details unless otherwise noted on the Plan or approved by ENGINEER. Piping shall be painted with corrosion resistant paint; light gray in color, or as otherwise required by local code or the CITY. MATERIAL AND INSTALLATION 0701-13 3.10 CONTROLLER POWER WIRE A. All controller power wire shall be of the type and size as indicated on the Plan, or as otherwise required by local code. B. All controller power wire shall be installed as indicated on the Plan, or as otherwise required by local code. 3.11 24 VOLT WIRING A. All 24 volt control wires from controllers or decoders to valve-in- head (VIH) sprinklers or remote control valves (RCV) shall be single conductor size 14 AWG type OF or PE (1,6 mm, 4110 circular mils) copper wire for direct burial. B. All 24 volt common wires from controllers to VIH sprinklers or RCV shall be single conductor size 12 AWG type OF or PE (2,1 mm, 6530 circular mils) copper wire for direct burial. C. Splices shall be made moisture proof with for direct burial service with splice kits as called out in the Plan notes and details. D. All 24 volt wire shall be installed from 2,500' (760 m) reels and shall be spliced only as follows: (1) Where connected to valves or sprinklers. (2) Where lateral line trench joins mainline in lateral isolation valve boxes. MATERIAL AND INSTALLATION 0701-14 (3) At junction box locations adjacent to satellite controllers. (4) All splices other than those at valve-in-head sprinklers shall be accessible in a junction box. E. Minimum depth of cover for all 24-volt wire shall be as indicated on the Plan. Wiring may be installed by a suitable trenchless installation, but wire must not be pulled through the ground. A machine with a rack for wire reels and a blade with a wire chute should be used to lay wire into ground. This method should be used only where soil conditions permit installation without damaging wire. This method may not be used if trenching is specifically called for on the Plan. F. All 24-volt wire shall be run with or be in a common trench with piping (lateral or main). The only exception is to get from the controller to the pipe line location. G. A 2 foot (60 cm) expansion loop shall be provided at each sprinkler. Expansion loop and splice shall be buried immediately below the pilot/solenoid side of the sprinkler. 3.12 COMMUNICATIONS WIRE A. Communications wire between the central controller and the satellite controllers shall be of size and type indicated on the Plan, and shall conform to the controller manufacturer's specifications and installation guidelines. B. Communications wire from the weather station to the central computer location shall be of size and type indicated on the plans, and shall conform to the controller manufacturer's specifications and installation guidelines. C. All splices in communications wire shall conform to the irrigation controller manufacturer's specifications and installation guidelines. 3.13 LATERAL ISOLATION VALVES A. Lateral isolation valves shall be of the size and type called out on the Plan. Connection of valves to mainline and lateral pipe shall be MATERIAL AND INSTALLATION 0701-15 as called for in the Construction Details. Valves shall conform to the following. (1) Gate valves shall be bronze, stainless steel, cast iron, or ductile iron body with a minimum non-shock cold working pressure of 150 PSI (10,3 bar). Bronze and stainless steel gate valves shall be equipped with a bronze or stainless steel cross handle operator unless otherwise specified on the Plans and shall conform to specification MSS-SP80. Cast and ductile iron gate valves shall be equipped with a 2" (50 mm) square operating nut unless otherwise specified on the Plan. Cast and ductile iron gate valves shall be epoxy coated and manufactured with a resilient wedge. Cast and ductile iron gate valves shall conform to specification AWWA C509 and AWWA C515 respectively. Valve stem shall be stainless steel or low zinc bronze. (2) Angle and globe valves shall be brass or ductile iron body resilient seated valves. Valve stem shall be stainless steel or low zinc bronze. Valve shall rate for a minimum non-shock cold working pressure of 150 PSI (10,3 bar). 3.14 MAINLINE GATE VALVES A. Mainline gate valves shall be line size cast iron or ductile iron body with a minimum non-shock cold working pressure of 200 PSI (13,8 bar). Valves shall be equipped with a 2" (50 mm) square operating nut unless otherwise specified on the Plan. Valves shall be epoxy coated and manufactured with a resilient wedge. Wedge shall be ductile iron material vulcanized with an EPDM rubber compound. Cast iron and ductile iron gate valves shall conform to specification AWWA C509 and AWWA C515 respectively. B. Contractor shall furnish three (3) Operating keys with "T handles to the CITY after the installation of the valves. MATERIAL AND INSTALLATION 0701-16 3.15 UNIVERSAL AIR RELEASE VALVES A. Air release valves shall have a 2" (50 mm) NPT inlet, and a 1" (25 mm) air & vacuum outlet with a 3/32" (2,4 mm) pressure air release orifice for operating pressures of 0-150 PSI (0-10,3 bars). Valve body shall be cast iron with stainless steel internal parts. Universal air release valves shall permit large quantities of air to automatically escape from the pipeline while it is being filled, and to permit air to enter the pipeline when the line is being emptied. The valve shall also allow accumulating air to escape while the pipeline is in operation and under pressure. 3.16 FLUSHING AND DRAIN VALVES A. Flushing and Drain Valves shall be of the size, type, configuration, and model called out in the Plans and Details. B. Flushing and Drain Valves shall be installed as indicated in the Plans and Construction Details. 3.17 PRESSURE REGULATING VALVES A. Pressure regulating/relief valves shall be of the size and type called out on the Plan. Connection of valves to mainline shall be as called for on the Plan. Valves shall conform to the following: (1) Pressure regulating/relief valves shall be globe pattern and normally open. A combination pressure regulatory and manual by-pass screw shall bleed internally, permitting pressure regulations during manual operations. The valve shall be set to the pressure indicated on the drawing at flow rates between 100 and 400 gpm when actuated manually. The valve size shall be per plans. The valve body, bonnet and regulator module shall be constructed from cast brass. All functional internal parts, springs, flow control stem, manual by-pass, bolts and solenoid tubes shall be stainless steel material. The flow control stem handle shall be brass. The diaphragm shall be sheet nylon reinforced Duna-N rubber with a burst test rating of 600 psi. The valve shall be totally serviceable from the top for routine servicing and repair, if necessary, without removal from the line. The pressure regulating valve shall be a Buckner Model (VBPRA) Series, Cla-Val (#90G-01 and#50G-01) or approved equal. MATERIAL AND INSTALLATION 0701-17 3.18 VALVE BOXES A. Lateral isolation gate valves shall be accessible through a valve box and sleeve extension as indicated on the Plan and Construction Details. Valve box shall be installed at grade unless otherwise noted on the Plan. B. Gate valves 4" (100 mm) and larger shall be accessible through a valve box and sleeve extension as indicated on the Plan and Construction Details. Valve box shall be installed at grade unless otherwise noted on the Plan. C. Air relief, drain and flushing, and remote control valves shall be accessible through a valve box as indicated on the Plan and Construction Details. Valve box shall be installed at grade unless otherwise noted on the Plan. D. Pressure regulating valves shall be accessible through a pre-cast concrete vault with bolt down steel cover. The vault shall be of sufficient size to permit access for servicing of the unit. Concrete extensions shall be furnished as necessary to adjust the vault to grade unless otherwise noted on the Plan. 3.19 IRRIGATION EQUIPMENT A. All sprinklers, remote control valves, quick coupling valves, and control equipment shall be of manufacturer and model as indicated on the Plan. B. Valve-in-head sprinklers shall be set for pressure regulation as indicated by model number of the sprinkler or as indicated on the Plan. C. Equipment called for shall indicate a standard of performance and quality. Equivalent material will be considered. Acceptance will be at the discretion of the ENGINEER. Substitutions of manufacturer or model will not be permitted without specific prior approval. 3.20 INSTALLATION - MISCELLANEOUS A. Lateral pipe and wire shall be installed under asphalt or concrete by boring under the surface, and not by cutting. B. Communications wire installed on bridge crossings or in sleeves shall be installed in a separate conduit. Conduit installed above ground shall be LIL listed galvanized steel. MATERIAL AND INSTALLATION 0701-18 3.21 INSPECTIONS A. The Contractor's work is subject to the following inspections during construction by the CITY and ENGINEER. (1) Leakage test for piping system. (2) Inspection for trench settlement or raising and for proper grade of sprinkler heads and valve boxes upon completion of installation. (3) Inspection for proper repair of installation damage to existing or newly laid sod, blacktop, concrete, grades, landscaping, etc. upon completion of installation. (4) Test of automatic operation of all equipment. All equipment must operate satisfactorily after completion of installation before final acceptance. (5) Contractor shall be responsible for scheduling and coordinating all inspections of the installation as required by local codes. (6) Contractor shall complete an operational test of the irrigation system with the ENGINEER present, prior to any planting. B. All tests and inspections must be passed satisfactorily before final acceptance of the system by the CITY. C. Certain tests and inspections may be waived by the ENGINEER. The Contractor still assumes responsibility for the quality of installation in accordance with the Plans and Specifications, regardless of whether or not that work is tested or inspected. 3.22 RECORDING OF AS-BUILT INFORMATION FOR RECORD DRAWINGS A. The Contractor shall be responsible for installing the irrigation system as indicated on the Plan. The Contractor shall report all anticipated changes from the Plan to the ENGINEER. All changes or modifications to pipe or wire routing, controller or valve locations, and any additions or deletions of sprinklers shall be noted on an "As-Built" set of Plans. B. The Contractor shall be responsible for recording and maintaining "As- Built" information during the installation of the irrigation system. This information shall be used in the preparation of Record Drawings of the irrigation system as installed. C. This information shall be kept clean, dry and safe from damage, and shall be accessible on site to the CITY, the Customer site Superintendent, and ENGINEER at all times. The drawing shall be updated weekly prior to MATERIAL AND INSTALLATION 0701-19 the beginning of the next week's work. D. This information shall be recorded as called for on the Plan on sheet C-2 special notes "As-Builts". E. For As-Built information acquired by aerial photography, the marked aerial photograph shall be taken in accordance with specifications available from the ENGINEER. Any aerial photograph produced in any other manner may be rejected at the discretion of the ENGINEER. 3.23 FINAL ADJUSTMENTS A. The Contractor shall make all necessary settings and adjustments of system components to comply with these Specifications and the operational requirements of the irrigation system. This will include but not be limited to pressure settings of all valves and regulators, rotational adjustments of part circle sprinklers, and adjustment of all part circle sprinklers to within 6" (15 cm) of demarcation lines of native planting areas, buildings, curbs, or other adjacent borders. B. The Contractor shall make final adjustments to grade of all sprinklers, quick coupling valves, junction boxes, and valve boxes unless otherwise provided for by the Plan or Installation Contract. Sprinklers set to final grade shall be level with surrounding terrain so as not to obstruct nozzle performance. END OF SECTION 1 MATERIAL AND INSTALLATION 0701-20 SECTION 15151 DOMESTIC AND RECYCLED WATER FACILITIES IDENTIFICATION PART 1 -GENERAL A. Description This section describes materials and installation of domestic and recycled water facilities identification for pipe, valves, valve boxes, quick couplers, sprinklers and other pipeline appurtenances. All domestic water systems and appurtenances shall be identified as herein described. All recycled water systems shall be identified as herein described. All non-potable water systems shall be identified as herein described. B. Related Work Specified Elsewhere Summaryof Work: Section 01010. C. Submittals 1. Submit shop drawings on the following materials: warning tape, tags, labels and signs. 2. Submit shop drawing on identification sign including size, materials, verbiage, letter sizing, and colors. 3. Submit shop drawings on recycled water quick couplers, and irrigation valve covers. Both non-potable and recycled water quick couplers shall be ACME threaded connection but 1-inch and 3/4-inch, respectively. D. Warning Labels and Signs In all cases, the warning tape, tags, labels and signs must be approved prior to installation. Failure to receive prior approval may result in the Contractor removing such sign(s) and providing approved replacements. All costs shall be borne by the Contractor for the replacements. PART 2 - MATERIALS A. Recycled Water Pipe Identification For PVC pipe carrying recycled water: 1. Purple colored pipe marked with the wording "CAUTION: RECYCLED WATER, DO NOT DRINK" on opposite sides of the pipe. 2. The use of continuous lettering (message repeats a minimum of every three feet) on 3-inch minimum width purple tape with 1-inch black contrasting lettering bearing the continuous wording "CAUTION RECYCLED WATER— DO NOT DRINK" fastened DOMESTIC AND RECYCLED WATER FACILITIES IDENTIFICATION 15151 - 1 to the pipe with plastic adhesive tape banded around the pipe at no more than 5- foot intervals is an acceptable alternative to purple pipe. Identification tape must extend to all valve boxes and/or vaults and exposed piping. 3. Existing below-grade recycled water piping need not be marked unless the piping becomes exposed, such as during installation of new pipe or maintenance of existing pipe. The exposed section should be appropriately marked as recycled to the extent feasible. 4. All above-grade recycled water pipelines must be appropriately labeled and color- coded purple to differentiate recycled water pipelines from potable and non-potable water pipelines. If purple pipe is not used, recycled water pipelines may be wrapped with purple warning tape having the words "CAUTION RECYCLED WATER—DO NOT DRINK" visible in contrasting black letters. B. Potable Water Pipe Identification All potable water piping shall be installed with potable water identification. 1. Extruded blue-colored PVC pipe with continuous wording "CAUTION POTABLE WATER LINE BURIED BELOW" printed in contrasting lettering on opposite sides of the pipe. 2. As an alternative to blue-colored pipe, new potable water lines may be identified by continuous lettering (message repeats a minimum of every three feet) on 3-inch minimum width blue tape with 1-inch black or white lettering bearing the continuous wording "CAUTION POTABLE WATER LINE BURIED BELOW" fastened to the pipe with plastic adhesive tape banded around the pipe at no more than 5- foot intervals. Identification tape must extend to all valve boxes and/or vaults and exposed piping. 3. Existing below-grade potable water piping need not be marked unless the piping becomes exposed, such as during installation of new pipe or maintenance of existing pipe. The exposed section should be appropriately marked as potable to the extent feasible. 4. All above-grade potable water pipelines must be appropriately labeled and color- coded blue to differentiate potable water pipelines from recycled and non-potable water pipelines. Potable water pipelines may be wrapped with blue identification tape having the words "CAUTION POTABLE WATER LINE BURIED BELOW" visible in contrasting black or white letters. DOMESTIC AND RECYCLED WATER FACILITIES IDENTIFICATION 15151 - 2 C. Non-Potable Water Pipe Identification All non-potable water piping shall be installed with non-potable water identification. 1. New buried non-potable water lines must be identified by continuous lettering (message repeats a minimum of every three feet) on 3-inch minimum width yellow tape with 1-inch black or white contrasting lettering bearing the continuous wording "CAUTION NON-POTABLE WATER - DO NOT DRINK" fastened to the pipe with plastic adhesive tape banded around the pipe at no more than 5-foot intervals. Identification tape must extend to all valve boxes and/or vaults and exposed piping. 2. Existing below-grade non-potable water piping need not be marked unless the piping becomes exposed, such as during installation of new pipe or maintenance of existing pipe. The exposed section should be appropriately marked as non-potable to the extent feasible. 3. All above-grade non-potable water pipelines must be appropriately labeled and color-coded yellow to differentiate non-potable water pipelines from potable and recycled water pipelines. Non-potable water pipelines may be wrapped with yellow identification tape having the words "NON-POTABLE WATER - DO NOT DRINK" visible in contrasting black or white letters. D. Warning Tape Plastic warning tape shall be a linear low-density polyethylene or an inert plastic film specifically formulated for prolonged underground use. The minimum thickness shall be 4 mils and the overall width of the tape shall be 3-inches. Warning tape shall be as supplied by T. Christy Enterprises, Thor Enterprises, Inc., Griffolyn Co., Inc., Terra Tape, Division of Reef Industries, or approved equal. The color and wording of the warning tape shall be in accordance with the above requirements and the WateReuse Recycled Water Urban Irrigation User's Manual. The following are Christy's Part Number for each system: Recycled Water Identification — TA-ND-3-PRW; Potable Water Identification — TA-ND- 3BW; Non-Potable Identification—TA-ND-3-YNPW;or approved equal. E. Warning Tape (Detectable) All PVC pipelines shall have a detectable warning tape placed in the trench 12-inches above the pipe. Plastic warning tape (detectable) shall be five-ply composition of ultra-high molecular weight, 100 percent virgin polyethylene or an inert plastic film specifically formulated for prolonged underground use and shall include a metallic substance that can be registered by a magnetic field location device. The minimum thickness shall be 4 mils and the overall width of the tape shall be 3-inches. Warning tape (detectable) shall be as supplied by T. Christy Enterprises, Thor Enterprises, Inc., Griffolyn Co., Inc., Terra Tape, Division of Reef Industries, or approved equal. The color of the tape shall be in accordance with the above requirements and the WateReuse Recycled Water Urban Irrigation User's Manual. DOMESTIC AND RECYCLED WATER FACILITIES IDENTIFICATION 15151 - 3 Potable Water Pipelines: Blue warning tape (detectable) with white or black lettering identifying the potable water pipeline. Lettering shall be a minimum of 1-inch high letters with the wording: "CAUTION POTABLE WATER LINE BURIED BELOW". Christy's Part Number TA-DT-3BPW or approved equal. Recycled Water Pipelines: Purple warning tape (detectable) with black lettering identifying the recycled water pipeline. Lettering shall be a minimum of 1-inch high letters with the wording: CAUTION: RECYCLED WATER, DO NOT DRINK. Christy's Part Number TA-DT-3PRW or approved equal. Non-Potable Water Pipelines: Yellow warning tape (detectable) with white or black lettering identifying the non-potable water pipeline. Lettering shall be a minimum of 1-inch high letters with the wording: "NON-POTABLE WATER - DO NOT DRINK". Christy's Part Number TA-DT-3YNPW or approved equal. F. Warning Tags Warning tags shall be an inert plastic film or polyurethane specifically formulated for prolonged exposure. The warning tag shall incorporate an integral attachment neck and reinforced attachment hole. The size of the tag shall be 3" by 4" with a minimum thickness of 10 mils. Warning tags shall be attached with heavy-duty nylon fasteners. Warning tags shall be as supplied by T. Christy Enterprises or approved equal. Potable Water Identification: Warning tags shall be prepared on a blue field, and shall have the words: "POTABLE WATER" on one side and "AGUA PARA TOMAR" on the back side printed on the field in black letters. Minimum letter height shall be 1-inch. Christy's Part Number ID-MAX-B2-PW015 or approved equal. Recycled Water Identification: Warning tags shall be prepared on a purple field, and shall have the words: "WARNING RECYCLED WATER DO NOT DRINK" and "AVISO AGUA IMPURA NO TOMAR" on one side printed on the field in black letters and a the "Do Not Drink" logo on the back side. Minimum letter height shall be 1-inch. Christy's Part Number ID-MAX-P2-RC009 or approved equal. Non-Potable Water Identification: Warning tags shall be prepared on a yellow field, and shall have the words: "NON-POTABLE WATER for Irrigation Use Only Do Not Drink" on one side and "AGUA IMPURA Para Riego Solamente No Tomar" on the back side printed on the field in black letters. Minimum letter height shall be 1-inch. Christy's Part Number ID-MAX-Y2-NP012 or approved equal. G. Warning Labels Warning labels shall be a minimum 3.5 mil flexible vinyl base with a permanent acrylic adhesive backing on a 90# stayflat liner. Both the background and legend are printed with a UV cured vinyl ink. The entire decal shall be clear flood over-printed for superior weathering and UV protection. The size of the labels (decals) shall be 3.5" by 4.375" for controllers, 2.5" by 8.25" for pumping equipment, and 1.25" by 5.75" for potable water decals. Warning labels shall be as supplied by T. Christy Enterprises or approved equal. Domestic Water Identification: Warning labels shall be prepared on a blue field, and shall DOMESTIC AND RECYCLED WATER FACILITIES IDENTIFICATION 15151 - 4 have the words: "POTABLE WATER" printed on the field in black letters. Christy's Part Number ID-4300 or approved equal. Recycled Water Identification: Warning labels for pumping equipment shall be on purple field, and shall have the words: "Recycled Water Do No Drink No Tome EI Agua" printed on the field in black letters. Christy's Part Number ID-4200 or approved equal. Warning labels for controllers shall be prepared on a purple field, and shall have the words: "Attention Controller Unit for Recycled Water Attencion Unidad Controladora del Agua Recuperada" printed on the field in black letters. Christy's Part Number ID- 4100 or approved equal. Non-Potable Water Identification: Warning labels for the existing lake pump shall be on yellow field, and shall have the words: "Non-Potable Water" printed on the field in black letters. Warning labels for controllers shall be prepared on a yellow field, and shall have the words, "Attention Controller Unit for Non-Potable Water," "Attencion Unidad Controladora del Agua Impura" printed on the field in black letters. Christy's specialty application marking labels or approved equal. H. Identification Signs Contractor shall install identification signs at the approximate locations shown on the plans. The signs shall be made of 1/16" thick (minimum) aluminum and its size shall be 18" wide by 24" high. The signs shall have a purple background and white lettering and artwork with rounded corners. The verbiage shall be: "RECYCLED WATER — DO NOT DRINK" and "AGUA RECICLADA NO BEBA EL AGUA" along with the "Do Not Drink" symbol as specified on Page 25 of the WateReuse Recycled Water Urban Irrigation User's Manual. Contractor shall submit the final verbiage including colors to the County for review and approval prior to ordering of the signs. The location of the sign will be determined in the field by the County or its representative. Christy's Part Number ID-Sign 4 (with modified verbiage) is an example. The Identification Signs may be mounted on poles, attached to fences, buildings or existing pole mounted signs with the location approved by the ENGINEER and the Customer site Superintendent. I. Sprinkler Labeling/Tags For sprinklers identified by the ENGINEER sprinkler risers shall be installed with either sprinkler warning labels/warning tags or riser markers as is appropriate for each situation. The riser markers shall be Christy's Model #5100 or approved equal. J. Valve/Irrigation Boxes All new valve or irrigation boxes shall be identified by these Specifications. This includes all manual valve boxes, electrical control valve boxes, and pressure reducing valve boxes. All valve or irrigation box covers on the Non Potable Water System shall be different than the covers on the Recycled Water Irrigation System. Existing valve boxes shall be identified and branded as shown on pians on sheet C-1; however warning tags are still required to be installed on each appurtenance. DOMESTIC AND RECYCLED WATER FACILITIES IDENTIFICATION 15151 - 5 Potable Water System: All existing valve boxes (gate valves, manual control valves or electrical control valves) found on the potable water system shall have a green cover or a concrete cover. If the existing cover is purple, the cover shall be removed and replaced with a green cover. In lieu of the above warning label, the Contractor may heat brand the plastic valve box cover with the words: "Potable Water". Existing concrete valve boxes will not require any additional exterior identification. Recycled Water System: All existing valve boxes (gate valves, manual control valves, electrical control valves or meter vaults) found on the recycled water irrigation system shall have a green cover. In lieu of removing the existing green cover and replacing with a purple cover, the Contractor will heat brand the cover with the words: "Recycled Water". Non-Potable Water System: All existing valve boxes (gate valves, manual control valves or electrical control valves) found on the non-potable water system shall have a green cover or a concrete cover. If the existing cover is purple, the cover shall be removed and replaced with a green cover. The Contractor shall heat brand the plastic valve box cover with the words: "Non-Potable Water". Existing concrete valve boxes will not require any additional exterior identification. PART 3 - EXECUTION A. Installation of Pipe Warning Tape Warning tapes shall be wrapped around the pipe continuously. The warning tape shall be installed continuously for the entire 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. B. Installation of Warning Tags All potable water and recycled water meters, pressure reducing valves, backflow devices, sprinkler control valves, gate valves, manual control valves, quick coupling valves, electrical control valves, strainers and hose bibs shall be tagged as described below. 1. Method of Attachment: Warning labels shall be firmly attached using heavy-duty nylon fasteners. 2. One warning tag shall be attached to each appurtenance as follows: attach to valve stem directly or with plastic tie wrap; attach to solenoid wire directly or with plastic tie wrap; attach to valve cover with existing valve cover bolt; or attach to the body of the relative appurtenance with a plastic tie-wrap. C. Installation of Warning Labels Warning labels (decals) shall be placed on all controllers and pumping equipment. -END OF SECTION- DOMESTIC AND RECYCLED WATER FACILITIES IDENTIFICATION 15151 - 6 ''S CONSTRUCTION NOTEEXISTING IRRIGATION EQUIPMENT #: _ ' r. .Y • 1. INSTALL RECYCLED WATER IDENTIFICATION LABELS ON ALL O QUICK COUPLING VALVE 3/4' IRRIGATION CONTROLLERS AS REQUIRED HEREON. 2. INSTALL RECYCLED WA70 IDENTIFICATION TAGS ON ALL EXISTING REMOTE CONTROL VALVE RECYCLED WATER APPURTENANCES INCLUDING IRRIGATION GATE VALVES, MANUAL DONTROL VALVES, AIR/VACUUM RELEASE Q DRIP VALVE VALVES. FLUSHNNG/DRAINNG VALVES. PRESSURE REDUCING/RELIEF VALVES. AND QUICK COUPLING VALVES, AS ® ANGLE VALVE W/AUTOMATIC ACTUATOR REQUIRED HEREON. INSTALL RECYCLED WATER IDENTIFICATION 3 IRRIGATION CONTROLLER AND ZONE NUMBER d TAGS ON ALL EXISTING RECYCLED WATER METERS, VALVES AND O #� CONTROLLERS AS REQUIRED HEREON. • 3 RECYCLED WATER SIGNS SHALL BE INSTALLED AT LOCATIONS LATERAL ISOLATION VALVE (MANUAL) 54+F�TFihrr2] , AGREEABLE TO THE OCHCA AND CDPH. SIGNS MAY BE MOUNTED -� 'R ON POLES, ATTACHED 70 EXISTNNG FENCES. BUILDINGS OR MAINLINE GATE VALVE - RESILIENT HEDGE I` t je -,� � � ��H' � it EXIS71NO POLE MOUNTED SIGNS 3RMT F"l ® PRESSURE REGULATING RELIEF VALVE - ,f - 4y i f•a. 4. INSTALL RECYCLED WATER IDENTIFICATION ON THE EbSTING LAKE WATER PUMPING EQUIPMENT AAPPURTENANCES Q UNIVERSAL AIR/VACUUM RELEASE VALVE NO NCLUDING IDEN71FICATFON TAGS ON ALL VALES AND PIPING AS REQUIRED HEREON. ® BACKFLOW PREVENTER S INSTALL POTABLE WATER IDENTIFICATION TICS ON ALL EXISTINGnm , POTABLE WATER METERS AND RPPD BACKFLOW PREVENTERS WATER METER AND HOSE BIBS AS REQUIRED HEREON. © TRANSFER PUMP b. WARNING TAPES SHALL BE USED ON ALL PIPELINE INSTALLED ORyI1E - f : EXPOSED CARRYING WATER. ® -r STRAINER 7. WARNING TAPES SHALL BE A MINIMUM OF 3-INCHES WIDE AND ® FLOW SENSOR ASSEMBLY _ p SHALL RUN CONTINUOUSLY FOR THE ENTIRE LENGTH OF ALL S CONSTANT PRESSURE MAIN UNE PIPING. THE TAPE SHALL BE ATTACHED TO THE TOP OF THE PIPE WITH PLASTIC TAPE MASTER VALVE aY " 5 BANDED AROUND THE WARNING TAPE AND THE PIPE EVERY S � Ir _ �f 2�r FEET ON CENTER. � _ i., -,..� *''` # 4 ■ Ad B. WARNING TAPE FOR RECYCLED WATER SHALL BE PURPLE IN COLOR WITH 7HE WORDS 'RECYCLED WA70 DO NOT OIIIIN(' IMPRINTED IN MINIMUM! 1-INCH HIGH LETTERS BLACK IN COLOR. -N ■ }i IMPRINTING SHALL BE CONTINUOUS AND PERMANENT. NEW IRRIGATION EQUIPMENT � 9. WARNING TAPE FOR POTABLE WATER SHALL BE BLUE IN COLOR o WITH THE WORDS 'CAUTION POTABLE WATER' IN MINIMUM � { q•*+. ' T aD 1-INCH HIGH LETTERS BLACK IN COLOR. IMPRINTING SHALL BE p/.'J RECYCLED WATER SIGN CONTINUOUS AND PERMANENT. T 10. WARNING TAPE FOR NON-POTABLE WATER SHALL BE GREEN IN i Y COLOR WITH THE WORDS'NON-POTABLE WATER DO NOT DRINK' u IN MINIMUM 1-INCH HIGH LETTERS BLACK IN COLOR. IMPRINTING B �- SHALL BE CONTINUOUS AND PERMANENT. ► 11. ALL VALVES. AIR/VACUUM RELEASE VALVES, nMSH NG/DRAMI VALVES, QUACK COUPLE" AND HOSE NOS SHALL BE 1 GAGGED LEGEW WITH PLASTIC TAGS. THE TAGS SHALL BE THE COLOR AND m CONTAIN THE WORDS SPECIFIED IN NOTES 3 AND 4 ABOVE IN W 3-'�-`^ EXISTING DOMESTIC WATER UNE y- r- f 80TH ENGLISH AND SPANISH. FW EXISTING FIRE PROTECTION SERVICE MAN LIE I4' a` LL ,3 I 12.IT IS THE RESPONSIBIUTY OF THE CONTRACTOR TO PROVIDE THE EXISTING 5 -- IRRIGATION MAN LINE SCHEDULE OF WORN(. THE SCHEDULE OF WORT( SHALL INDICATE ------------ d THE ORDER IN WHICH THE GREENS SHALL BE CONVERTED BYr GREEN NUMBER ——— RW —— EXISTING RECYCLED WATER MAIN LINE ■IL f I 4 SET 1 i�: SPECIAL NOTES:AS-BUILTS MAMA EOBIONMAMTAGc MGUMmM SPECIAL REQUIREMENTS FOR AS INFORMATION: RECYCLED WATER WIRING SIGNS r �• '•` o THE AS-BUILT BASE PLANS FRONDED AFTER EACH STAKING VISIT IRRIGATION CONTROLLERS * SHALL BE USED FOR RECORDING THE AS-BUILT INFORMATION. QUICK COUPLERS _ 4 r 8 ° THIS INFORMATION SHALL BE MAINTAINED DAILY DURINGMETERS POTABLE WATER +• i► : o CONSTRUCTION AND SHALL BE AVAILABLE ON SITE AT ALL TIMES. F + , g THE AS-BUILT PLAN SHALL BE SUBMITTED MONTHLY FOR THE ISOLATION VALVESD WATER ;*I % '■ 1 k 5` i ` AREA COMPLETED ALONG WITH THE PROGRESS PAYMENT REQUEST. AIN VACUUM VALVES i' �� � ` -� 1<r► ° CONTACT THE 04GNM WITH ANY QUESTIONS REGARDING THE RECORDING OF THE AS-BUILT INFORMATION. � CONTRACTOR SHALL PROVIDE FLAGGING CIF ALL SPRINKLER HEADSeY AND VALVES PRIOR TO CONSTRUCTION AND SHALL RECORD THESE . i VALVES ON THE AS-BUILTS. U O rCITY OF SAN JUAN CAPISTRANO u � UNTILTTIEs I]BPAFRI�NT KEY MAP ( RECYCLED WATER CONVERSION e SOLE 1,� I BID PACKAGE 2 LEGENDS,NOTES AND KEY MAP DUDEK .L 1LN� Ni 7W f■aa HYi■Mq G YJrQI 1-9II7-NEO 7a140tIf71r■7alaHlAIM �� �.KK.NH JNL BHT u�a.ow�a rs w■n MAATB % (t�>r-MWAR 1'J EC MM d1Y � 0.O.a.Mato @.aAMJo11 G'2 CITY OF SAN JUAN CAPISTRANO RECYCLED WATER CONVERSION - DID PACKAGE 2 SAN JUAN CAPISTRANO, CA 92675 �f DRAWING INDEX GENERAL NOTES u BAEA SHED 140. DM 140. DESCRIPTM 1. ALL WORK SHALL BE DONE IN ACCORDANCE NTH THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION LATEST EDITION. ORANGE COUNTY STANDARD PLANS, ORANGE COUNTY WATERWORKS STANDARD 1 0-1 TITLE SHEET, VICINITY MAP. GENERAL NOTES AND DRAWING INDEX PLANS, CITY OF SAN JUAN CAPISTRANO STANDARD PLANS, THE RECYCLED WATER URBAN IRRIGATION USER'S 1GW 2 G-2 ABSRENATKINS. NOTES AND KEY MAP 3 0-3 KEY MAP MANUAL. AND COPH CODE REQUIREMENTS, ♦ CE-1 CAPISTRANO ESTATES CONVERSION PLAN - 1 2. NOTE: THERE ARE NO DRINKING WATER FOUNTAINS LOCATED IN THE RECYCLED WATER USE AREAS. S CE-2 CAPISTRANO ESTATES CONVERSION PLAN - 2 6 CE-3 CAPISTRANO ESTATES CONVERSION PLAN - 3 3. QUICK COUPLERS AND ELECTRICAL CONTROLLERS SHALL BE IDENTIFIED NTH THE PROPER TAGS AND LABELS. OU NGE 7 RM-1 RANCHO MAORINO CONVERSION PLAN - 1 ORANGE 8 RM-2 RANCHO MADRINO CONVERSION PLAN - : 4. EXISTING UNDERGROUND UTIJTES ARE SHOWN PER AVAILABLE RECORDS. THE CONTRACTOR IS REQUIRED TO RM-3 RANCHO MAORINO CONVERSION PLAN - 3 VERIFY AND DOCUMENT ON AS-BUILT DRAWINGS THE ACTUAL LOCATION AND ELEVATIONS IN THE FIELD OF ALL 10 RM-4 RANCHO MADRINO CONVERSION PLAN - ♦ UTILITIES AND ALL POINTS OF CONNECTION. THE FIELD VERIFICATION (POT HOLING)SHALL BE COMPLETED PRIOR 11 SJ-1 SAN JUAN HILLS CONVERSION PLAN - 1 TO THE COMMENCEMENT OF ANY MODIFICATIONS TO THE IRRIGATION SYSTEM. SEAL SAN ANA IUSIMY + nppNn 12 SJ-2 SAN JUAN HILLS CONVERSION PLAN - 2 5. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO LOCATE. VERIFY DEPTH AND PROTECT ALL BEACH 13 SJ-3 SAN JUAN HILLS CONVERSION PLAN - 3 STRUCTURES, INCLUDING SUBSTRUCTURM 940M ON THE PLANS. THE CONTRACTOR SHALL BEAR THE ENTIRE a 14 CP-1 COOK PARK CONVERSION PLAN - 1 COST OF REPAIRING OR REPLACING ANY OF SND STRUCTURES DAMAGED BY HIM/HER DURING PROSECUTION f 15 CP-2 COOK PARK CONVERSION PLAN - 2 OF THE WORK. ALL REPAIRS AND REPLACEMENTS SHALL BE DONE IN THE PRESENCE OF THE INSPECTOR. i MIY)AWCRJM COLA 16 ME-1 MAMMOTH EQUITIES CONVERSION PLAN - 1 (NOT IN SET) FGR£Sl• COUNTY 17 FM-1 FLUIDANASTT7N CONVERSION PLAN - 1 (NOT IN !� 6. ALL LOCATIONS SHOWN ON THE PLAN FOR UTILITY LINES HAVE BEEN TAKEN FROM AVAILABLE RECORDS AND M►I+t 18 EM-1 EMERITUS SENIOR LIVING CONVERSION PLAN - 1 (NOT N SET) THEIR COMPLETENESS OR CORRECTNESS ARE IN NO WAY GUARANTEED. A; AM�r 19 JF-1 JULIANA FARMS CONVERSION PLAN - 1 (NOT N SET) 7. THE CONTRACTOR SHALL M071FY UNDERGROUND SERVICE ALERT(USA) AT (800) 227-2500 AND ALL PUBLIC 20 D-1IRRIGATION DETAILS UTILITY COMPANIES AND OWNERS OF ALL PRIVATE FACIUMES AT LEAST TWO(2) WORKING DAYS N ADVANCE $ 21 D-2 IRRIGATION DETAILS OF PERFORMING ANY WORK WITHIN SAID AREA. 8. RECYCLED WATER SIGNS SHALL BE INSTALLED AT LOCATIONS AGREEABLE TO THE OWNER AND OCHCA. SIGNS MAY BE MOUNTED ON POLES. ATTACHED TO EXISTING FENCES, BUILDINGS. OR EXISTING POLE MOUNTED SIGNS. f PER SPE _ ALL CONCRETEQ �N MNMAN9. CONS C STRUU SED TION, LATESTEDITION, UNLESS ANOTHERON THE PROJECT SHALL BE 560-C-3MIX SPECIFICALLYSTANDARD CAVED OUT. RS FOR PUBLIC ^+ S 10. PRIOR TO DELIVERING RECYCLED WATER TO THE SITES, A SUCCESSFUL CROSS CONNECTION AND COVERAGE PROJECT fff TEST WALL BE REQUIRED UTIU&4 NON-POTABLE WATER FROM THE CITY OF SAN JUAN CAPISTRANOS s VICINITY SSAA JUAN CAN CAPITRIBUTION ISSTRRAANO.THE FOLLOWING IVES.NCIESORANGE COUNTY HETICIPATED ALTPARTICIPATE GENNCY(OC"CA).AAND A� I SAN REPRESENTATIVE FROM THE CITY'S ENGINEER. CONTRACTOR WILL BE REQUIRED TO SEQUENCE TWO WORK TO CU30VIE ALLOW FOR THE CROSS CONNEC71ON AND COVERAGE TESTS PRIOR TO PERFORMING THE CONNECTION. 11. CONTRACTOR SHALL WAR ANY BROKEN LITIGATION LINES AND CONTROL MKS RESULTING FROM c VICINI■ i COMSPEA I ACTIMTtS EXISTING !OD SHALL BE REMOVED. CARED FOR. HE, AREPLACED PER TPROJECT _ NOT TO SCALE 12. THE CONTRACTOR SHALL PREPARE A STORM WATER POLLUTION PREVENTION PIAN (SWPPP) AND PROVIDE TO THE ENDOW AND CITY OF SAIL JUAN CAPISTRANO FOR SUBMISSION. THE CONTRACTOR WALL BE REQUIRED TO COMPLY NTH ALL MITIGATION AND MONITORING REQUIREMENTS OF THE SWPPP. CONTACTS 13. NOTE: THERE ARE NO ABANDONED OR EXISTING NILS LOCATED N THE RECYCLED WATER USE AREAS. E OMNER/SITE SUPERVISOR: WATER PURVEYOR: CITY OF SAN JUAN CAPISTRANO A 32400 PASEO ADELANTO r PRO LRTY kVAAOER SAN JUAN CAPISTRANO. CA 92673 (949) 451-0666 (949) 493-1171 y�pBILIA HOA ORANGE COUNTY HEALTH CARE AGENCY: JOHN BAMOC21. (714) 433-6255 0 LINA CADAM MICHAEL K. FENNESSY. (714) 433-62W COMMUNITY MANAGER (949) 533-0919 CAUFORNIA DEPARTMENT OF PUBLIC HEALTH: OUVER PACIFICO (714) 558-4410 CITY OF SAN JUAN CAPISTRANO LS FSTA71ES HOA DAMN KUM ENGINEER: 0. MICHAEL METTS U7TLRiD8 osiPANgtttAilJT PROPERTY MANAGER Dum RECYCLED WATER CONVERSION (949) 465-2421 605 THIRD STREET BID PACKAGE 2 COOK LA NOVIA PARK ENCHTAS, CA 92024 (760) 942-5147 TITLE SHEET,VICINITY MAP,GENERAL NOTES, ABBREVIATIONS AND DRAWING INDEX ��„ DIADEM( NAS TSHIMHIN 1-wa-2l7-soo >��o..ia ti.lwen,+« S A N r� y CO.KK.N H JR.EC r use. d f.r.w.n (PfMN Y-SMALqA-tq DATMO G-1 EC MM am�a�� ao.c ago oa.wdaof� i P:\1U1.Engineering\Son Juan Capistrano, City of\7806 Citywide RW Retrofits\06.Design Data(Notes, Colculations, Research)\CAD 7806\DWG\Bid Package 02\7806-2 SH03 G-3 6/11/2013 3:17 PM too Ir `' - } - i■ I or 4 �. • - ? fi SEE ABOVE RIGHT i Z SEE BELOW LEFT s{� * "� _ _ I +'�_ _ �'* �. ice- 'L �+ � • 08 I'. lY iii X1'1 . * Y �,} }► ti- i DD C - D +' '�, }f IPM e} 3) 0s Y W z P:\101.En9ineering\Son Juan Capistrano, City of\7806 Citywide RW Retrofits\06.Design Data (Notes, Calculations,Research)\CAD 7806\DWG\Bid Package 02\7806-2 SH04 CE-1-3 6/11/2013 3:18 PM �i � a r w. 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VIA t1L t FK?w - g # } ' " DIELdow 4 U LEGEND CITY OF SAN JUAN CAPISTRANO UnLrnM DWARTUMM w EXISTING DOMESTIC WATER UNE RECYCLED WATER CONVERSION a k FW EXISTING FIRE PROTECTION SERMCE MAIN UNE GRAPHIC SCALE BID PACKAGE 2 ------------- EXISTING MiRIGATION MAIN UNE M Nr SAN JUAN HILLS ——— RW —.. EXISTING RECYCLED WATER MAIN UNE � SCKj; I' . S0' CONVERSION PLAN-2 I I DUDEK Ta►�a LowsI-�1F2:?-7100 "a"U110ti + mumfil �"a:: ca.loc NN Re Ec Une.ywnY r+..rn j N�Y-aor[�Lsai�Lrap [C ,; omr�+olraa M"TR0.a 39M m.asgaou `�2 a P:\101.Engineering\Son Juan Capistrano, City of\7806 Citywide RW Retrofits\06.Design Data(Notes, Calculations,Research)\CAD 7806\DWG\Bid Package 02\7806-2 SH11 SJ-1-3 6/11/2013 3:29 PM SEE SHEET SJ-2 PIt AW ' S ' I — 'J- ,I T} r _ ANOR + s I � Ol- m r � I _ , 1 I A � t., m m to 1�/1 N N N I C n C) rt ',mow z i �t s v 2 y0 C) '! - [� y t D } 1 T s 1 Z Z a'�a �+ • r t J 4'1' t 30-2 00 jP Ail { , .. S IL r r k. 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CONVERSION PLAN-2 DUDEK TNu�a .aR TW Nl�me rmr...a viw 7BLWSI�71Y�PY6illIN 1-�1Z7-2400 A f /� Mi1M �a�iaY si CD,M w JIT.EC 8HEOiT we.rW�a r+..r.Y IVnor Y—salt aaawlah 1 RA EC MM r. n.0.!sago ov.MJ0 4 CP-2 a ..\1(". \Sw Jm capi.amw pt ot\76o6 CRyoWs RW Ratroste\oi. Dote(Nota.Caleaiolions.Rasorch)\CAD 78oe\pwc\Nd FacYow 02\7eos-2 SH20 o-1 6/11/2013 x40 vY of s OR :1 All 2c Rwill ift & �p 11 1 ef x ji lied a ; n 21 r4 as t sea 411aim Mon FtEVMKM Gac >°° 6 g e i22 is R 14 — Flo 07 :m Q 88 = y m it �1 N a $ z � x Zi NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO: 0049125000 FOR PUBLICATION ON: JULY 4, 2013 JULY 11, 2013 DOCUMENT TO BE PUBLISHED NOTICE INVITING BIDS — Recycled Water Conversion Bid Package No. 2 (CIP 13601) 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: Nj a a ris, City ler DATE: June 27, 2013 Date of Bid Opening - 07/23/2013 Date(s) notice published - 07/04/2013 07/11/2013 Date affidavit received - Date notice posted in - 07/03/2013 designated posting places NOTICE INVITING BIDS Recycled Water Conversion Bid Package No. 2 (CIP 13601) Notice is hereby given that sealed bids for Recycled Water Conversion Bid Package No. 2 (CIP 13601) will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until 2:00 p.m. on Tuesday, July 23, 2013 at which time they will be opened and read aloud. A set of paper Contract Documents will be available by 4:00 pm on June 24, 2013 and may be inspected without charge at the Utilities Department, City of San Juan Capistrano, 32450 Paseo Adelanto, San Juan Capistrano, CA 92675. Electronic sets of said Contract Documents will be available to be viewed online after 4:00 pm on June 25, 2013. Copies of Plans and Specifica ' s ma.1 be purchased from Coastal Blue, Corp., 33091 Calle Perfecto, San Juan C istrano, CA. 92675, (949)240-9911, www.coastalblue.com. For more info at' please contact Eric Bauman, Utilities Engineer at (949) 487-4312. Dated: June 27, 2013 MAR IS, ITY E K CITY O SA JUAN CA IST NO ORANGE COUNTY, CAL ORN TO'd _10l0l I ivl`Q���f TN�r 5t, NOTICE INVITING AN JUANN0 LIBRARY REMODEL(01113103) Notice is hereby given that sealed bids for San Juan Capi- strand Library Remodel CIP No.13103 will be received at the office of the City Clerk of the City of San Juan Capistra- no;California,until 2:00 o.rw.on 1�aduesday,August 79 2D13 at which time they will be opened and read aloud. A set of paper Contract Documents will be avai;able by 10700 am on.xly it,2013 and may be inspected without charge at the Public Works Department,City of San Juan Capistrano,32400 Pasec Adeianto,San Juan Capistrano, CA 92675. Electronic sets of said Contract Documents will be available to be viewed online after 1,00 pm on July 11, 2013. Copies of Plans and Specifieatiom may be pur- chased from Coastal Blue,Corp 33091 Calle Perfecto,San Juan Capistrano, CA. 92675, (849)240-9911. www.coastalblue.00m. For more information,please con- tact Joe Mankawich,Associate Engineer at(949)487.4313. Dated:July 3,2015 is/Maria Morris MARIA MORRI ,C CL K CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY,CALIFORNIA Publish Capistrano Valley News July 11,18,2013 9667756 TO/TO'd _,_92 96-' bT, 631c-I93d :�,1PJ1 o_-, 3atiao -' T:-'O �Tl�e'-5�-�flt ZO'd _110101 NOTICE INVITING BIDS O s Gj U Recycled Water Conversion Bid IPactape No.2 lap lam) Notice is hereby given that sealed bids for Recycled Wa- ter Conversion Bid Packaqe No.2(CIP 13601) will be re- carved at the office o'the City Clerk of the City of San Juan Capistrano,California,until 2M p.m.on Tuesday,dully 23, 2013 at which tine they will be opened and read atoud A set of paper Contract Documents will be availalov by 4:00 pm cn June 24,2013 and may be inspected without charge at the Uwates Department, City of San Juan Capistrano, 3245C Paseo Adelarro. San Juan Capistrano, CA 92675. Electronic sets of said Contract Documents will be available to be viewed onffne after 4:00 pm on June 25,2013. Copies of Plans and Specifications may be purchased from Coastal Blue,Corp.,33091 Calfe Perfecto,San Juan Capistrano,CA. 92675.(949)240.9911,www.coastalblue.com. For more in- format'on,please contact Eric Bauman,Utilities Engineer at ,949)487-4317 Dated:June 27,2013 JS/iia"Morris MARIA MORRIS,CIN CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY,CALIFORNIA Puolish:Capistrano Valley News July 4,11,2013 9662341 cn n s C_ = A Z � Y t" tom 3 nt -+ x v DO .... TO/TB'd = 96�1 VT- d31SIg13d a,1NnOJ 39NHd0 TT:=T 2T0E-LZ-Nnl AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) RECEIVED ) ss. M13 JUL 12 Pt? 12 34 County of Orange ) CITY CLERK I am a citizen of the United States and a resident SAN ,WAR CAPISTRANO 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 Vol- general circulation by the Superior Court of the ,""ter =11-5- r 4;' _ County of Orange, State of California,on June 7, , � 1984, Case No. A-122949 in and for the City of k pmcn San Juan Capistrano, County of Orange, State of it y,. California; that the notice, of which the annexed is a true printed copy,has been published in each Owl + Aft . regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: � y�Wpr 15 x'14 July 4, 11,2013 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana,Orange County, California,on Date: Ju 11,2013 Signature Capistrano Valley News 625 N. Grand Ave. Santa Ana,CA 92701 (714) 796-2209 AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. RECEIVED County of Orange > N13 JUL 12 PIS 12 34 I am a citizen of the United States and a resident of the County aforesaid; I am over the age of CITY CLERK SAN JUAN riAPiSTRAhtO 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 2 that has been adjudged to be a newspaper of Nofte u,.r -bWs r tM. me corw.ralm wMk; .. general circulation by the Superior Court of the �°m0°go,,,y°e I'm County of Orange,State of California,on June 7, rdm0ls et wNdt tkne A 1984, Case No. A-122949 in and for the City of San Juan Capistrano, County of Orange, State of 8600nic"0 to beVWMd of PlMW aid California; that the notice, of which the annexed is a true printed copy,has been published in each DawJune V.MS regular and entire issue of said newspaper and I " AMY not in any supplement thereof on the following � .n dates, to wit: July 4, 11,2013 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana,Orange County, California,on Date: J ly 11,2013 l Signature Capistrano Valley News 625 N. Grand Ave. Santa Ana,CA 92701 (714)796-2209 Bid Opening Report Bids opened: July 23, 2013 at 2:00m P• . Project Title: Recycled Water Conversion Bid Package No.2 C.I.P. 13601 Project Engineer: Eric Bauman, Utilities Engineer Pre-Bid Estimate $89,500.00 Bidder: Bid Amount Bid Bond/Addenda? 1. STL Landscape, Inc. 2. Habitat Restoration Sciences, Inc. 3. TE Roberts, Inc. ( 2`1 4. / 5. / 6. / 7. / 8. / � r Signed: Dated: cc: City Clerk Staff (3) Project Department (3) City Manager (1) to a a The above bid amounts have not been checked. The bid totals are subject to correto6aft�he�&3s have been completely reviewed. N M n C*) M .Q rn t x � DC7 � tU y z cc3 Q t�wr1 32400 PASEO ADELANTO �' MEMBERS OF THE CITU COUNCIL SAN JUAN CAPISTRANO,CA 92675 SAM ALLEVATO (949)4931171 nnnuiEl (949)4931053 FAx • FnuuaLAR tl 1 61 ROY L KRABYREERRS.M.D. x�u�wsanjuancapistrano•org 1776 � • DEREKKPREEEEVE JOHN TAYLOR 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, August 20, 2013, in the City Council Chamber in City Hall, to consider: "Consideration to Approve a Construction Contract for the Homeowners Associations (HOAs) and City Parks Recycled Water Conversion Component of the Citywide Recycled Water Project (CIP 13601) (STL Landscape, Inc.)" — Item No. D17. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, August 19, 2013, 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 Stephen Liao, Associate Engineer. You may contact that staff member at (949) 234-4414 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: citYclerk -sanivancapistrano.orq. Maria Morris, CMC City Clerk cc: Habitat Restoration Services, Inc.; STL Landscape, Inc.; TE Roberts, Inc. San,ltrrrr-i du Pwc l i�) (,Ouwuc Me Viam-c. Bid Opening Report Bids opened: July 9,2013 at 2:00 p.m. Project Title. Recycled Water Conversion Bid Package No.I (Marbella) Project Engineer: Eric Bauman,Utilities Engineer Pre-Bid Estimate $ 550,000.00 Bidder: Bid Amount Bid Bond/Addenda? 1 Habitat Restoration Sciences, Inc. / 2 STL Landscape, Inc. 'O(� _( / 3 The Roberts Incorporated 4. / 5. / 6. / 7. / 8. f 1l Signed: °` Dated: 4/1 CA cc: City Clerk S6ff (3) Project Department (3 C_ City Manager (1) n 4 f— z � CAO The above bid amounts have not been checked. The bid totals are subject to clj rdbtion afteMe bids_; have been completely reviewed. tarn N = 3 rn 0 0 AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) _ ss. :� w°orMipas 1O County Of Orange ) For Recycled Water conversion Bid Package No.,Itbdbil G•LP.. t I am a citizen of the United States and a resident lliit: og,n sealed gide for the recycled water conversi d ta t3oM Course wiN ba recsNed at the office of theCq�,Ck vk of the City of San of the County aforesaid; I am over the age of Jwn catifomie.urrY1 2 pm on July 8,2013 at wlddt �vaq be openW mltl road aloud. eighteen years, and not a party to or interested in f oa TM alIOW ,The work com- ,,tNS linear feet of 2- inck 14 a 9.760.dnew feet of 6- the above entitled matter. I am the principal clerk inch PILLpipe for the alert polabds trr99uon system for the greens at matbou Caolf Course.The -and&inch pipeline wit be ped of art overall recycled vrAter conversion of the of the Capistrano Valley News, a newspaper MweNa and.lNatbelle Homeowners Associa- tion(HO) to obtain Cto ounty Health care that has been adjudged to be a newspaper of tt"ga fo we a, the " om potled taaale for the greens as welt as et-n r water In the corn- general circulation by the Superior Court of the Idraw at ft I MA AtfdAionally the Work will consist of mobilization of equip- material on(and off the site including procure- County of Orange,State of California,on June 7, mend of a staging area, furnishing and installing appurts- Mancks with the above mentioned non-potable irrigation 1984 Case No. A-122949 in and for the Ci of system for the greens including mainline pipe, mainline ty valves,air release valves,flushing/drain valvas,quick cou- pling valves,fittings,swing joints and valve boxes,flushing San Juan Capistrano County of Orange State of and testing complete in place for the successful installation of an automatic irrigation system;furnishing and installing recycled water,potable water and non-potabie water identi- hat the notice of which the annexed ficin cn labels and tags,furnishing and installing hose bibb California;> > vacuum bra er devices,recycled water signs,miscallane- onY ground piping modifications,quick cou- is atrue printed copy, been published in each pI�artd ath or appurtenant work necessary to complete P PY P filar of the Marbella Golf Course to recycled we- i {ea fe the construction schedule with the OCHCA regular and entire issue Of said news paper and ''ttirthe final cross connection testing,conform to P P all irements,complete site cleanup and repair of f4cilities as necessary, record drawings (as- not in any supplement thereof on the following )' AS&O MION OF TM WOM The location of the dates,to wit: -W-wftin the City of San Juan Capistrano,California "8=1 Golf Course and Homeowner Association. June 13, 20, 2013 N OF TNM mortar Time is of the as- jMarfbsAust be completed within 90 Calendar AalbSpec in the Notice to Proceed.Liquidated Wit be assessed ental:forth in the Agreement for tii>!4►e ,iupet the specified cgmpleWn date. "I certify (or declare) under the penalty of OF OONTRAM (a)The City t mrm the rig"afterop da to reject perjury under the laws of the State of California arty or +>A; tr�dar to waive enr ality (non- s In a bid,or to make awardip the lowest re- reeporrsible bidder and refect all cher bids,as it ' that the foregoing is true and correct": t Interest of the cm. ft As a opndektn of award,the smacesalul bidder wig be re Executed at Santa Ana,Orange County, to summit payment and performance bonds and in- sigillisice in an amonmt of 100 percent of the cw*ad puce. . California,on MNIWWI Each bid shall be accompanied by a 73av-or C-7 cash Date: June 20,2013 or,geoneastoma submitting 15M vyj low Q%""f utgfKY�N1 The contra 1 1 std»►°lp ' f thhee t c j/J diem wages er the State of AC,a#kxr a ` ment of Ind IN B . locality whets ' fs m fx of the nod. CoMrector r rates is on f le of the office of the City. The wage shMI pay Md leak�"said 9 the r Signature I foodraDK and shglGrpoM a copy Got raw Besed wage twet[h prole' - /rtOY PAYMt11TS' The contractor rcant of payments due under the Capistrano Valle News ,m,y Yrreoefve,00pe. P Y menta from time to time,without retention 625 N.Grand Ave. the payment br"'a he tcyM'by depositing rdap ,. ofant t. 223M os wvtMf the Publics Contract,Cale. Santa Ana,CA 92701 s p v m vro"attar (714)796-2209 F.., pro-bid we bidders are invited attandend ting o-bid, qy of the proposed wont at 10 am on Tues laciN- ass which vfiL4e conductedj_,,Qle. rn �e 3 rTt co a cn AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) County Of Orange ) For'RecycW atterCorrversionDid,Package TJ C.I.P. TI D Y�. N ^1 '1Y tliat sealed bide for P I am a citizen of the United States and a resident �recXcled wader oonversion 1130#case.will Y be recervad at the office of the City'Clark Df the CAV of Sen <iaYtornra urdil F'pm ort July 8,2013 at P of the County aforesaid; I am over the age of v'�,tlr�Yysyerlll fre opened end Asad colla. c fK TMft.1MOWk the Work com- H eighteen years, and not a party to or interested in �o�� aper I_ rnar feet of 2- F, =nc 't40W=of.,:.4-kYCh sit "$760 wear feet of 6- ci Pfl� slo its nbn polab(s khr ioFt sydern for the cl the above entitled matter.I am the principal clerk greens et tiOIf Course.Th°4 antY 64nch}pipeline 64 w I be pett ;�oev,eeryl clad water conversion of the a of the Capistrano Valley News, a newspaper A)frC fdifA obbtain C Hsaftcare h Ag appnwal for 1 to water on c the tea br �c.wflfie prpaldkip for that has been adjudged to be a newspaper of a» �s vreA'as Irtfi'4i water ki the caro e the Y. 11 general circulation by the Superior Court of the (b�Coma sets of said Contrast Docunm to maayy be p,,,, t chased the Coastal Blue web site,on-line pled room at �I County of Orange, State of California,on June 7, �:Av w lbk,echarge y$25.00,nonr*hjndobIq, in the arrowd ing each eat of plats and epaci6tmHonsieNp r°defu y 1 1984, Case No. A-122949 in and for the City of made of arry chargra oIa,Baia of Contract Doomw4e I San Juan Capistrano, County of Orange, State of =Ilona)fees aps,y�Or,,,,w1„g:or kcal d0,ry of aft ' p ty g , docurrwft by pft"$W PUT WIN Ap011[ii wl sledOFr The enve California; that the notice, of which the annexed th ehall beisand addressed to the and shaft bedeUvand or is a true printed copy,has been published in each �cnyde 't erPty�elpo�� �a+'snJ+elny felt hand 0tMWW kw °h Mro ha anpd ed- regular and entire issue of said newspaper and bearttoWords'Bid For...•fol- and hour of bpeh' gids. not in any supplement thereof on the following �c�heBdgona snalsl'�e on- not W' THE CITY OF SAN JUAN CAPISTRANO dates,to wit: 3 CITY OF SAN JUAN CAPISTRANO �I June 13,20,2013 '' BY s1 Maaria cM city clerk istrano Val News June 13,2013 9648112 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana,Orange County, California,on Date: June 20,2013 �► w Signature Cr. C Capistrano Valley News 625 N.Grand Ave. Co GJ Santa Ana,CA 92701 110. t' (714)796-2209 to rn =Dit1 —4 ;a3 m b a ry o cry NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO: 0041125000 FOR PUBLICATION ON: June 13, 2013 June 20, 2013 DOCUMENT TO BE PUBLISHED NOTICE INVITING BIDS — Recycled Water Conversion Bid Package No. 1 (Marbella) 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: M �mois, Cit C rk , DATE: June 5, 2 13 \� Date of Bid Opening - 7/9/2013 Dates notice published - 6/13/2013 6/20/2013 Date affidavit received - Date notice posted in - 6/13/2013 designated posting places NOTICE INVITING BIDS For Recycled Water Conversion Bid Package No. 1 (Marbella) C.I.P. No. 13601 N-1. NOTICE IS HEREBY GIVEN that sealed bids for the recycled water conversion of Marbella Golf Course will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until 2 pm on July 9, 2013 at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK: The Work comprises of constructing approximately 1,045 linear feet of 2-inch, 7,410 linear feet of 4-inch and 8,750 linear feet of 6-inch PVC pipe for the non-potable irrigation system for the greens at Marbella Golf Course. The 4- and 6-inch pipeline will be part of an overall recycled water conversion of the Marbella Golf Course and Marbeila Homeowners Association (HOA) in order to obtain Orange County Health Care Agency approval for the facility to utilize recycled water on the fairways, tee boxes, etc. while providing non-potable for the greens as well as utilizing recycled water in the common landscape areas at the Marbella HOA Additionally the Work will consist of mobilization of equipment and material on (and off the site including procurement of a staging area, furnishing and installing appurtenances with the above mentioned non-potable irrigation system for the greens including mainline pipe, mainline valves, air release valves, flushing/drain valves, quick coupling valves, fittings, swing joints and valve boxes, flushing and testing complete in place for the successful installation of an automatic irrigation system; furnishing and installing recycled water, potable water and non-potable water identification labels and tags, furnishing and installing hose bibb vacuum breaker devices, recycled water signs, miscellaneous buried/above ground piping modifications, quick coupler and all other appurtenant work necessary to complete the conversion of the Marbella Golf Course to recycled water; coordinate the construction schedule with the OCHCA inspector for the final cross connection testing, conform to all permit requirements, complete site cleanup and repair of damaged facilities as necessary, record drawings (as-builts). N-3 LOCATION OF THE WORK: The location of the project is within the City of San Juan Capistrano, California at the Marbella Golf Course and Homeowner Association. N-4 COMPLETION OF THE WORK: Time is of the essence. All work must be completed within 90 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 reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder and reject all other bids, as it may best serve the interest of the City. (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 not less than 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, C-34 or C-37 Contractor license at the time of submitting bids. N-9 CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is on file at the office of the City. The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. N-10 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. N-11 PRE-BID VISIT TO WORK SITE: (a) 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 Tuesday, June 25, 2013. (b) Failure to participate in the pre-bid walk will not disqualify a bidder as being non- responsive. (c) The pre-bid visit will be conducted at the City of San Juan Capistrano City Hall Council Chambers located at the termination of Paseo Adelanto Road. N-12 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be inspected without charge at the Public Works Department or the Utilities Department of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. (b) Complete sets of said Contract Documents may be purchased from the Coastal Blue web site, on-line plan room at hftp://www.coastalblue.com/ A charge in the amount approximately $25.00, non-refundable, is required for obtaining each set of plans and specifications. No refund will be made of any charges for sets of Contract Documents. (c) Additional fees apply for mailing or local delivery of sets of documents by Coastal Blue. N-13 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed and addressed to the City of San Juan Capistrano, and shall be delivered or mailed to the City Clerk at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. The envelope shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words "Bid For..." followed by the Project title, date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. BY ORDER O TH CITY OF SAN JUAN CAPISTRANO Date AITY OF SAN JUAN CAPISTRA O By Mar, rri , C C City Cler NOTICE INVITING BIDS For Recycled Water Conversion Bid Package No. 1 (Marbella) C.I.P. No. 13601 N-1. NOTICE IS HEREBY GIVEN that sealed bids for the recycled water conversion of Marbella Golf Course will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until 2 pm on July 9, 2013 at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK: The Work comprises of constructing approximately 1,045 linear feet of 2-inch, 7,410 linear feet of 4-inch and 8,750 linear feet of 6-inch PVC pipe for the non-potable irrigation system for the greens at Marbella Golf Course. The 4- and 6-inch pipeline will be part of an overall recycled water conversion of the Marbella Golf Course and Marbella Homeowners Association (HOA) in order to obtain Orange County Health Care Agency approval for the facility to utilize recycled water on the fairways, tee boxes, etc. while providing non-potable for the greens as well as utilizing recycled water in the common landscape areas at the Marbella HOA Additionally the Work will consist of mobilization of equipment and material on (and off the site including procurement of a staging area, furnishing and installing appurtenances with the above mentioned non-potable irrigation system for the greens including mainline pipe, mainline valves, air release valves, flushing/drain valves, quick coupling valves, fittings, swing joints and valve boxes, flushing and testing complete in place for the successful installation of an automatic irrigation system; furnishing and installing recycled water, potable water and non-potable water identification labels and tags, furnishing and installing hose bibb vacuum breaker devices, recycled water signs, miscellaneous buried/above ground piping modifications, quick coupler and all other appurtenant work necessary to complete the conversion of the Marbella Golf Course to recycled water; coordinate the construction schedule with the OCHCA inspector for the final cross connection testing, conform to all permit requirements, complete site cleanup and repair of damaged facilities as necessary, record drawings (as-builts). N-3 LOCATION OF THE WORK: The location of the project is within the City of San Juan Capistrano, California at the Marbella Golf Course and Homeowner Association. N-4 COMPLETION OF THE WORK: Time is of the essence. All work must be completed within 90 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: FORM U-030 xO5U-030std.wpd NOTICE INVITING BIDS Nov 2001 PAGE 1 (a) The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder and reject all other bids, as it may best serve the interest of the City. (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 not less than 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, C-34 or C-37 Contractor license at the time of submitting bids. N-9 CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is on file at the office of the City. The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. N-10 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. N-11 PRE-BID VISIT TO WORK SITE: (a) 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 Tuesday, June 25, 2013. (b) Failure to participate in the pre-bid walk will not disqualify a bidder as being non- responsive. (c)The pre-bid visit will be conducted at the City of San Juan Capistrano City Hall Council Chambers located at the termination of Paseo Adelanto Road. FORM U-030 NOTICE INVITING BIDS xOSU-030stdwpd std Nov 2001 PAGE 2 N-12 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be inspected without charge at the Public Works Department or the Utilities Department of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. (b) Complete sets of said Contract Documents may be purchased from the Coastal Blue web site, on-line plan room at http://www.coastalblue.com/ A charge in the amount approximately $25.00, non-refundable, is required for obtaining each set of plans and specifications. No refund will be made of any charges for sets of Contract Documents. (c) Additional fees apply for mailing or local delivery of sets of documents by Coastal Blue. N-13 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed and addressed to the City of San Juan Capistrano, and shall be delivered or mailed to the City Clerk at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. The envelope shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words "Bid For..."followed by the Project title, date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. BY ORDER THE CITY OF SAN JUAN CAPISTRANO Date b/l /43- CITY,O S JUAN CAPISTRANO f By_ J` Itar' r s, CM City C, le FORMNOTICE INVITING BIDS xOSU-030std wpd 30std. Nov 2001 PAGE 3 Ad ' 32400 PASEO ADELANTO is MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 SAMALLEYATO (949)493-1171 ROY L.BYRNES,M.D. (949)493.1053 FAX �� t!Fiu;ru 1 191 LARRY KRAMER ir :sarljuuruzpislrnrl«.cig 1776 � DEREK REEVE JOHN TAYLOR TRANSMITTAL TO: Dan Patterson STL Landscape, Inc. 8122 Compton Ave Los Angeles, CA 90001 DATE: September 25, 2013 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Contract— HOA & City Park Recycled Water Conversion Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of the agreement. If you have questions related to insurance requirements, please call Christy Jakl, Deputy City Clerk at (949) 443-6310. If you have questions concerning the agreement, please contact Eric Bauman, Utilities Engineer at (949) 487-4312. Enclosed is an original agreement for your records. Cc; Eric Bauman, Utilities Engineer San Juan Capistrano: 1)resei-ving the Mist to Enhance the Future Christy Jakl From: Christy Jakl Sent: Thursday, September 26, 2013 10:50 AM To: Eric Bauman; Justin Kirk Subject: STL Contract - HOA and City Park Recycled Water Conversion Attachments: STL Contract - HOA &City Park Recycled Water Conversion.pdf Hello, For your records, please see the attached agreement with STL. I am forwarding the PO and supporting documents to Finance. Thanks! Ghrist-� JAI, cmc Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax Please share your experience with the City by taking our Survey. 2 Specifications and Bid Documents for CITY OF SAN JUAN CAPISTRANO RECYCLED WATER CONVERSION BID PACKAGE No. 2 CIP No. 13601 Submitted to City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Submitted by Dudek & Associates, Inc. 605 Third Street Encinitas, California 92024 (760) 450-1818 JULY 2013 CIP NO. 13601 The Specifications contained herein have been prepared by, or under the direct supervision of, the following Registered Civil Engineer: OQppFESS/p el Metts, .E. Principal Manager * 3 Dudek&Associates, Inc. cm Civil Engineer C-42586 exp. 03/2014 lF OF CA��F��� Approved by: Eric P. Baum .E. Utilities Engineer Utilities Department San Juan Capistrano,CA FORM 9.9r 1 SIGNATURE PAGE x02Usgn1.wpd Nov 2001 CITY OF SAN JUAN CAPISTRANO BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS Recycled Water Conversion Bid Package No. 2 CIP No. 13601 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 xoou-parrs wpa CONTENTS Nov 2001 PAGE 1 NOTICE INVITING BIDS For Recycled Water Bid Package No. 2 C.I.P. No. 13601 N-1. NOTICE IS HEREBY GIVEN that sealed bids for the recycled water conversion of Marbella Golf Course will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until 2 pm on July 23, 2013 at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK: The Work comprises of furnishing and installing identification (labels, tags, and signs) and miscellaneous buried/above ground modifications at existing non-potable water sites to be converted to recycled water in order to obtain Orange County Health Care Agency approval for the facility to utilize recycled water on landscaping within the sites. Additionally the Work will consist of mobilization of equipment and material on (and off the site including procurement of a staging area, furnishing and installing appurtenances with the above mentioned irrigation system for the irrigation system; coordinate the construction schedule with the OCHCA inspector for the final cross connection testing, conform to all permit requirements, complete site cleanup and repair of damaged facilities as necessary, record drawings (as-builts). N-3 LOCATION OF THE WORK: The location of the project is within the City of San Juan Capistrano, California at sites indicated on the Plans. N-4 COMPLETION OF THE WORK: Time is of the essence. All work must be completed within 30 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 reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder and reject all other bids, as it may best serve the interest of the City. (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 not less than 10 percent of the total bid price, payable to the City of San Juan Capistrano. FORM 3-030 x05U-0305ttl.wptl NOTICE INVITING BIDS Nov2001 PAGE 1 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, C-34 or C-37 Contractor license at the time of submitting bids. N-9 CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is on file at the office of the City. The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. N-10 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. N-11 PRE-BID VISIT TO WORK SITE: (a) 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 10 July 2013. (b) Failure to participate in the pre-bid walk will not disqualify a bidder as being non- responsive. (c) The pre-bid visit will be completed at the City Hall Council Chambers. N-12 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be inspected without charge at the Public Works Department or the Utilities Department of San Juan Capistrano,32400 Paseo Adelanto, San Juan Capistrano, CA 92675. (b) Complete sets of said Contract Documents maybe purchased from the Coastal Blue web site, on-line plan room at http://www.coastalblue.com/ A charge in the amount approximately $45.00, non-refundable, is required for obtaining each set of plans and specifications. No refund will be made of any charges for sets of Contract Documents. (c) Additional fees apply for mailing or local delivery of sets of documents by Coastal Blue. N-13 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed and addressed to the City of San Juan Capistrano, and shall be delivered or mailed to the FORM U-030 x05U-030sttl NOTICE INVITING BIDS td, ptl w Nov 2001 PAGE 2 City Clerk at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. The envelope shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words "Bid For..."followed by the Project title, date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. BY ORDER OF THE CITY OF SAN JUAN CAPISTRANO Date CITY OF SAN JUAN CAPISTRANO By Maria Morris, CMC City Clerk FORM U-030 x05U-030std.wpd NOTICE INVITING BIDS Nov 2001 PAGE 3 CITY OF SAN JUAN CAPISTRANO INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS-Terms used in these Instructions to Bidders and the Notice Inviting Bids and not defined herein shall have the meanings assigned to them in the General Conditions. The term"Bidder"shall mean one who submits a Bid directly to the City,as distinct from a sub-bidder,who submits a Bid to a Bidder. The term"Engineer'shall be as defined in the General Conditions or Supplementary General Conditions. 2. COMPETENCY OF BIDDERS-Except as otherwise provided under Public Contract.Code§20103.5, no Bid for the Work will be accepted from a contractor who does not hold a valid contractor's license in the State of California for the classifications named in the Notice Inviting Bids at the time of opening Bids. 3. DISQUALIFICATION OF BIDDERS - More than one Bid from an individual, firm, partnership, corporation,or association under the same or different names will not be considered. If the City believes that any Bidder is interested in more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If the City believes that collusion exists among the Bidders,all Bids will be rejected. 4. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND THE SITE-(a)It is the responsibility of each Bidder before submitting a Bid to examine the Contract Documents thoroughly; visit the site to become familiar with local conditions that may affect cost, progress, or performance of the Work; consider federal, state, and local laws and regulations that may affect cost, progress, or performance of the Work; study and carefully correlate the Bidder's observations with the Contract Documents;and notify the Engineer of all conflicts, errors, or discrepancies noted in the Contract Documents. (b)Reference is made to the Supplementary General Conditions for identification of those reports of explorations and tests of subsurface conditions at the site which may have been utilized bythe Engineer in the preparation of the Contract Documents. However,such reports are NOT a part of the Contract Documents. The interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations, and opinions contained therein or the completeness thereof is the responsibility of the Bidder. (c)Copies of such reports and drawings will be made available for inspection by the City to any Bidder upon request. Those reports and drawings are NOT part of the Contract Documents,but any technical data contained therein upon which the Bidder is entitled to rely is limited to that set forth in the Supplementary General Conditions. (d)Subject to the provisions of Section 4215 of the California Government Code,information and data reflected in the Contract Documents with respect to underground utilities at or contiguous to the site is based upon information and data furnished to the City and the Engineer by the owners of such underground utilities or others, and the City does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary General Conditions. (e)Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the Specifications and Supplementary General 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. FORM U-101 INSTRUCTIONS TO x06U-101 inst.wpd Nov 2001 BIDDERS -PAGE 1 (g)Where feasible, upon request in advance,the City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall repair damage,clean up,and restore the site to its former condition upon completion of such exploration. (h)The lands upon which the Work is to be performed,the rights-of-way and easements for access thereto, and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easement for permanent structures or permanent changes in existing structures will be obtained and paid for by the City unless otherwise provided in the Contract Documents. (i)The submittal of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article;that without exception the Bid is premised upon performing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents; and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all the terms and conditions for performance of the Work. 5. INTERPRETATIONS-All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be resolved by the issuance of Addenda mailed,Faxed,or delivered to all parties recorded by the Engineer or the City as having received the Contract Documents. Questions received less than 7 days prior to the date of opening Bids may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. 6. BID SECURITY, BONDS, AND INSURANCE - Each Bid shall be accompanied by a certified or cashier's check or approved Bid Bond in the amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the City and shall be given as a guarantee that the Bidder, if awarded the Work,will enter into an Agreement with the City and will furnish the necessary insurance certificates,Payment Bond,and Performance Bond. Each of said bonds and insurance certificates shall be in the amounts stated in the General and Supplementary Conditions of the Contract.In case of refusal or failure of the successful Bidder to enter into said Agreement,the check or Bid Bond,as the case may be, shall be forfeited to the City pursuant to the provisions of Public Contract Code Section 20174. If the Bidder elects to furnish a Bid Bond as its security,the Bidder shall use the Bid Bond form bound herein, or one conforming substantially to it in form. 7. RETURN OF BID SECURITY-Within 14 days after award of the Contract,the City will return all bid securities accompanying such of the Bids that are not considered in making the award. All other Bid securities will be held until the Agreement has been finally executed. They will then be returned to the respective Bidders whose Bids they accompany. 8. BID FORM-The Bid shall be made on the Bid Schedule sheets bound herein and the page6 shall Re be Femeyed ftem 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. INSTRUCTIONS TO FORMATU xO6U-101inst.wpd BIDDERS-PAGE 2 Nov 2001 10. DISCREPANCIES IN BIDS-In the event that there is more than one Bid Item in the Bid Schedule,the Bidder shall furnish a price for all Bid Items in the schedule, and failure to do so will render the Bid as non-responsive and may cause its rejection. In the event that there are unit price Bid Items in a Bid Schedule and the"amount"indicated for a unit price Bid Item does not equal the product of the unit price and quantity listed, the unit price shall govern and the amount will be corrected accordingly, and the Contractor shall be bound by such correction, subject to the provisions of Section 5100 et seq.of the California Public Contract Code. In the event that there is more than one Bid Item in a Bid Schedule and the total indicated for the schedule does not agree with the sum of prices Bid on the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly, and the Contractor shall be bound by said correction, subject to the provisions of Section 5100 et seq. of the California Public Contract Code. 11. QUANTITIES OF WORK-(a)The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of the Work; the City does not expressly or by implication agree that the actual amount of work or material will correspond therewith. (b) In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit prices established for such work under the Contract Documents;provided,that on unit price contracts,increases of more than 25 percent, decreases of more than 25 percent,and eliminated items shall be adjusted as provided in the General and Supplementary General Conditions of the Contract. 12. WITHDRAWAL OF BID -The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or it's properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of Bids. 13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS - Unauthorized conditions, limitations, or provisos attached to the Bid will render it informal and will cause its rejection as being non-responsive. The completed Bid forms shall be without interlineation,alterations,or erasures. Alternative Bids will not be considered unless expressly called for in the Notice Inviting Bids. Oral, FAX,telegraphic, or telephone Bids or modifications will not be considered. 14. LIQUIDATED DAMAGES - Provisions for liquidated damages, if any, shall be as set forth in the Agreement and the provisions of the General and Supplementary General Conditions. 15. SUBSTITUTE OR"OR-EQUAL"ITEMS-The Work,if awarded,will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or"or-equal"items. Whenever it is indicated in the Drawings or specified in the Special Provisions that a substitute or"or-equal" item of material or equipment may be furnished or used by the Contractor if acceptable to the Engineer, application for such acceptance may be considered by the Engineer pursuant to the provisions of Public Contract Code Section 3400 (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 orto 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 FORM U-101 INSTRUCTIONS TO x06U-1011nst.wpd Nov 2001 BIDDERS-PAGE 3 the Contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement,each such bidder's Bid Securities shall be likewise forfeited to the City. 18. WORKER'S COMPENSATION REQUIREMENT-The Bidder should be aware that in accordance with laws of the State of California,the Bidder will,if awarded the Contract,be required to secure the payment of compensation to its employees and execute the Worker's Compensation Certification. -END OF INSTRUCTIONS TO BIDDERS- INSTRUCTIONS TO FORMAT U x06U-101inst.wpd BIDDERS-PAGE 4 Nov 2001 BID This is EXHIBIT A, consisting of one page, referred to in made and a part of the AGREEMENT between the OWNER and the CONTRACTOR BID TO: CITY OF SAN JUAN CAPISTRANO The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreementwith 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: Recycled Water Conversion Bid Package No. 2 C.I.P. No.13601 Bidder accepts all of the terms and conditions of the Contract Documents,including without limitation those in the Notice Inviting Bids and the lnstfuctlons 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 alt 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: 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 furtheragrees 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: FORM U-300 .wpd BID(PROPOSAL) bid Nov 2001 BID FORMS-PAGE 1 This is Page 1 of Exhibit B consisting of 3 pages,referred to in and made a part of the AGREEMENT between the OWNER and the CONTRACTOR. BID SCHEDULE CIP NO. 13601 Recycled Water Conversion Bid Package No. 2 (Schedule A) UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1. Mobilization and Demobilization. LS 1 2. City of San Juan Capistrano Public Works Encroachment Permit&Business License. LS 1 3. Coordination and conducting final cross connection test with City,Engineer and OCHCA. LS 1 4. Furnish all labor,materials and equipment to excavate and remove a portion of the 10-inch DIP pipeline with applicable appurtenances,Complete and Operational. LF 12 5. Furnish all labor,materials and equipment for providing blind flanges on the 10-inch DIP,and Appurtenances,Complete and Operational. EA 2 6. Furnish all labor,materials and equipment to excavate and remove a portion of the 8-inch PVC pipeline with applicable appurtenances,Complete and Operational. LF 12 7. Furnish all labor,materials and equipment for providing blind flanges on the 8-inch PVC,and Appurtenances,Complete and Operational. EA 2 8. Fumish all labor,materials and equipment in order to disconnect and remove 2-inch RPPD. Provide applicable appurtenances in order to complete and keep system operational after removal. EA 2 FORM U-302 UNIT PRICE UNIT PRICE BID SCHEDULE X09U-302unit wpd Nov 2001 BID FORMS- PAGE 1 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 9. Furnish all labor,materials and equipment for recycled water identification labeling(stickers) inside and outside of field controllers. EA 50 10. Furnish all labor,materials and equipment for the installation of recycled water signs. EA 10 11. Furnish all labor,materials and equipment for the installation of "custom"recycled water signs for Homeowners Association sites EA 30 12. Furnish all labor,materials and equipment for recycled water tags into meter boxes,main line gate valves,lateral line gate valves, and quick couplers. EA 250 13. Furnish all labor,materials and equipment for stamping all recycled water main line gate valve boxes,lateral line gate valve boxes,and quick couplers boxes. EA 560 TOTAL BID PRICE (Schedule A) :$ Dollar amount in written form FORM U-302 UNIT PRICE UNIT PRICE BID SCHEDULE Nov 2001 unit.wpd BID FORMS-PAGE 2 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100,et seq.,of the Public Contract Code,the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the 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. Contractor's License Work to be Performed Number Subcontractor's Name&Address 1 2 3 4 5 6 7 8 FORM U-030 LIST OF SUBCONTRACTORS A�g2001 bs tl BID FORMS-PAGE 4 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ) I, being first duly sworn, deposes and says that he or she is of , the party making the foregoing Bid,that the Bid is not made in the interest of,or on behalf of,any undisclosed person,partnership, company,association,organization,or corporation;that the Bid is genuine and not collusive or sham;that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid,and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid,or that anyone shall refrain from bidding;that the Bidder has not in any manner,directly or indirectly, sought by agreement,communication,or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her Bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto,or paid,and will not pay,any fee to any corporation,,partnership,company, association,organization,bid depository,or to any member or agent thereof,to effectuate a collusive or sham Bid. Bidder By Title Organization Address FORM u.aeo NON-COLLUSION AFFIDAVIT A; 0omlWPd BID FORMS-PAGE 5 BID BOND KNOW ALL MEN BY THESE PRESENTS, That as Principal, and as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called the"Owner"in the sum of dollars (not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said Owner to perform the Work required under the Bid Schedule(s)of the Owner's Contract Documents entitled: Recycled Water Conversion Bid Package No. 2 CIP NO. 13601 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) FORM U-410 BID BOND (BID SECURITY FORM) x12U-410b""d.wpd BID FORMS-PAGE 6 Nov 2001 BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: 2. CONTRACTOR'S Telephone Number: ( ) Facsimile Number: ( } E-mail address 3. CONTRACTOR'S License: Primary Classification State License Number(s) Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety Address Surety Company Agent Telephone Numbers: Agent( ) Surety( ) 5. Type of Firm (Individual, Partnership or Corporation): 6. Corporation organized under the laws of the State of: 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: FORM U-020 BIDDER'S GENERAL INFORMATION x13U-420mfo.wpd BID FORMS-PAGE 7 Nov2001 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 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. FORM ua20 BIDDER'S GENERAL INFORMATION x13u-0201nfo.wpd BID FORMS- PAGE 8 Nov 2001 CONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this day of 2013, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and hereinafter referred to as "Contractor." City and Contractor mutually agree as follows: Section 1. General Conditions. Contractor certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon Contractor's investigation of all such matters and is in no way relying upon any opinions or representations of City. It is agreed that this Contract represents the entire agreement between the parties. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, and Contractor's Proposal are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that Contractor and its subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract. "Project" as used herein defines the entire scope of the work covered by all the Contract Documents, Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to City's Engineer, without whose decision Contractor shall not adjust said discrepancy save only at Contractor's own risk and expense. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.1 (MARBELLA) B-1 Section 2. Materials and Labor. Contractor shall furnish, under the conditions expressed in the Plans and Specifications, at Contractor's own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the City, to construct and complete the Project, in good workmanlike and substantial order. If Contractor fails to pay for labor or materials when due, City may settle such claims by making demand upon the surety to this Contract. In the event of the failure or refusal of the surety to satisfy said claims, City may settle them directly and deduct the amount of payments from the Contract price and any amounts due to Contractor. In the event City receives a stop notice from any laborer or material supplier alleging non-payment by Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. Section 3. Description of Proiect. The Project is described as: as delineated in the Plans and Specifications prepared by dated 20^. Work to include: the construction of and all appurtenant work. Section 4. Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: Said Plans and Specifications and any revisions, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.1 (MARBELLA) B-2 Section 5. Time of Commencement and Completion. Contractor agrees to commence the Project within ten (14) calendar days from the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to completion within ( ) calendar days from the date of the "Notice to Proceed" issued by the City excluding delays caused or authorized by the City as set forth in Sections 7, 8 and 9 hereof. Section 6. Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, Contractor shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of Contractor's work in conformance with an approved construction progress schedule. Contractor shall coordinate the work covered by this Contract with that of all other Contractors, subcontractors and of the City, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5 herein. City shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of Contractor on the premises. Section 7. Excusable Delays. Contractor shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather which exceeds the number of calendar days estimated by the City and set forth in Section 5 hereof; damages caused by fire or other casualty for which Contractor is not responsible; any act, neglect or default of City; failure of City to make timely payments to Contractor; late delivery of materials required by this Contract to be furnished by City; combined action of the workers in no way caused by or resulting from default or collusion on the part of CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.1 (MARBELLA) B-3 Contractor; a lockout by City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable control. City shall extend the time fixed in Section 5 for completion of the Project by the number of days Contractor has thus been delayed, provided that Contractor presents a written request to City for such time extension within fifteen (15) days of the commencement of such delay and City finds that the delay is justified. City's decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by Contractor. No claims by Contractor for additional compensation or damages for delays will be allowed unless Contractor satisfies City that such delays were unavoidable and not the result of any action or inaction of Contractor and that Contractor took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with Section C- 9(f) of the General Provisions. The City's decision will be conclusive on all parties to this Contract. Section 8. Extra Work. The Contract price includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by a designated representative of City specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof. City shall extend the time fixed in Section 5 for completion of the Project by the number of days reasonably required for Contractor to perform the extra work, as determined by City's Engineer. The decision of the Engineer shall be final. Section 9. Changes in Project. A. City may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes: CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-4 1) in the Specifications (including drawings and designs); 2) in the time, method or manner of performance of the work; 3) in the City-furnished facilities, equipment, materials, services or site; or 4) directing acceleration in the performance of the work. B. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the City which causes any change, provided Contractor gives the City written notice stating the date, circumstances and source of the order and that Contractor regards the order as a change order. C. Except as provided in this Section 9, no order, statement or conduct of the City or its representatives shall be treated as a change under this Section 9 or entitle Contractor to an equitable adjustment. D. If any change under this Section 9 causes an increase or decrease in Contractor's actual, direct cost or the time required to perform any part of the work under this Contract, whether or not changed by any order, the City shall make an equitable adjustment and modify the Contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (B) above shall be allowed for any costs incurred more than twenty (20) days before the Contractor gives written notice as required in paragraph (B). In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased direct cost Contractor reasonably incurred in attempting to comply with those defective specifications. E. If Contractor intends to assert a claim for an equitable adjustment under this Section 9, it must, within thirty (30) days after receipt of a written change order under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a written statement to the City setting forth the general nature and monetary extent of CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.1 (MARBELLA) B-5 such claim. The City may extend the thirty (30) day period. Contractor may include the statement of claim in the notice under paragraph (B) of this Section 9. F. No claim by Contractor for an equitable adjustment shall be allowed if made after final payment under this Agreement. G. Contractor hereby agrees to make any and all changes, furnish the materials and perform the work that City may require without nullifying this Contract. Contractor shall adhere strictly to the Plans and Specifications, unless a change therefrom is authorized in writing by the City. Under no condition shall Contractor make any changes to the Project, either in additions or deductions, without the written order of the City and the City shall not pay for any extra charges made by Contractor that have not been agreed upon in advance in writing by the City. Contractor shall submit immediately to the City written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the City and the proper cost or credit breakdowns therefore shall be submitted without delay by Contractor to City. Section 10. Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5 plus the allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City will sustain damage, which would be extremely difficult and impracticable to ascertain. The parties therefore agree that Contractor will pay to City the sum of Five Hundred Dollars and No Cents ($500) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-6 Section 11. Contract Price and Method of Payment. City agrees to pay and Contractor agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of _ dollars and cents ($ ) as itemized on the attached Exhibit "A," described as the Bid; and, Exhibit "B," described as the Bid Schedule. Within thirty (30) days from the commencement of work, there shall be paid to the Contractor a sum equal to ninety percent (90%) of the value of the actual work completed plus a like percentage of the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of the City, since the commencement of the work as determined by the City. Thereafter, on a schedule issued by the City at the commencement of the job which shows a minimum of one payment made to the Contractor per month for each successive month as the work progresses and the request for payment due dates from the Contractor to meet the payment schedule, the Contractor shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety percent (90%) of the value of the work completed since the commencement of work as determined by the City, less all previous payments, provided that the Contractor submits the request for payment prior to the end of the day required to meet the payment schedule. The City will retain ten percent (10%) of the amount of each such progress estimate and material cost until the Final Payment. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City's Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-7 Section 12. Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be entitled to post approved securities with the City or an approved financial institution in order to have the City release funds retained by the City to insure performance of the Contract. Contractor shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution. Section 13. Completion. -Within ten (10) days after the contract completion date of the Project, Contractor shall file with the City's Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. City may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier. Section 14, Contractor's Employees' Compensation. A. Davis-Bacon Act: Contractor will pay and will require all subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) or when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.1 (MARSELLA) B-8 met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: City has ascertained from the State of California Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of the same are on file in the Office of the Engineer of City. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774 of the State of California. C. Forfeiture For Violation: Contractor shall, as a penalty to the City, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Travel and Subsistence Pay: Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this Contract and Contractor shall comply therewith. E. Apprentices. Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this Contract and the Contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.1 (MARBELLA) B-9 ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty Contractors not bidding for work through the general or prime Contractor are Two Thousand Dollars ($2,000.00) or more or five (5) working days or more. F. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (13) above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seg.) of the Labor Code of the State of California and shall forfeit to the City as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Project. G. Record of Wages; Inspection: Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-10 and those of its subcontractors shall be available to the employee or, employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Section 15. Surety Bonds. Contractor shall, before entering upon the performance of this Contract, furnish bonds approved by the City Counsel -- one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the City. Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-11 be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty (30) days' written notice to City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of City by Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A-Class VII or better: Worker's Compensation In accordance with the Workers' Compensation Act of the State of California -- Minimum of $1,000,000 CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-12 Public Liability, in the form of either Comprehensive General $2,000,000, per occurrence, or Liability or Commercial General alternatively, Liability written on a per-occurrence $2,000,000 aggregate, separate basis for this project. Automobile liability, including $2,000,000 per occurrence non-owned and hired vehicles City or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. Contractor shall pay the premiums on the insurance hereinabove required. Section 17. Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (Contractors' employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigation arising through the sole negligence or sole willful misconduct of City, and will make good to and reimburse City for any expenditures, including reasonable attorneys' fees City may incur by reason of such matters, and if requested by City, will defend any such suits at the sole cost and expense of Contractor. Section 18. Stop Notice Administration. City reserves the right to charge Contractor for City's actual administrative time (including attorney's time) to administer and process stop notices filed by Contractor's subcontractors, materialmen, or any other claimant or lienholder. Section 19. Termination. A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.1 (MARBELLA) B-13 this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by the City for its convenience, provided that the Contractor is given (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. C. If termination for default or convenience is effected by the City, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If termination for default is effected by the Contractor, the equitable adjustment shall include a reasonable profit for services or other work performed, but no adjustment will be allowed for anticipated profits. The equitable adjustment for any termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments which had become firm prior to the,termination. D. Upon receipt of a termination action under paragraphs (A) or (B) above, the Contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether completed or in process. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME;RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-14 E. Upon termination under paragraphs (A) or (B) above, the City may take over the work and may award another party an agreement to complete the work under this Contract. Contractor agrees to perform all work under this Contract in accordance with the City's designs, drawings and specifications. The Contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The City shall promptly give notice to the Contractor of observed defects. In the event that the Contractor fails to make adjustments, repairs, corrections or other work made necessary by such defects, the City may do so and charge the Contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. The Contractor's obligations under this clause are in addition to the Contractor's other express or implied assurances under this Contract or state law and in no way diminish any other rights that the City may have against the Contractor for faulty materials, equipment or work. Section 20. Assignment. No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the City unless such assignment has had prior written approval and consent of the City and the surety. Section 21. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-15 and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against the Contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the City as a party to said action, the City shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not. Section 22. Resolution of Disputes. The City and the Contractor shall comply with the revisions of California Public Contracts Code Section 20104, et seg., regarding resolution of construction claims for any claims which arise between the Contractor and the City. Section 23. Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Public Works To Contractor: contact Company name. address city, state, zip CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO.1 (MARBELLA) B-16 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. CITY OF SAN JUAN CAPISTRANO By: John Taylor, Mayor CONTRACTOR By: ATTEST: By: Maria Morris, City Clerk APPROVED AS TO FORM: By: Hans Van Ligten, City Attorney Exhibits: A — Bid B — Bid Schedule CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME:RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) B-17 WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. Contractor By Title FORM U-660 WORKER'S COMPENSATION CERTIFICATE Aug15U00`x°P WPtl AGREEMENT AND BONDS-PAGE 3 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That as Contractor, And as Surety, are held firmly bound unto the City of San Juan Capistrano, a legal entity, organized and existing in the County of Orange, California, hereinafter called the"Owner,"in the sum of: dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: Recycled Water Conversion Bid Package No. 2 CIP NO. 13601 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) FORM U-610 PERFORMANCE BOND x16U-610Dond.wpd AGREEMENT AND BONDS - PAGE 4 Nov 2001 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That as Surety, are held firmly bound unto the City of San Juan Capistrano,a legal entity,organized and existing in the County of Orange, State of California, hereinafter called the"Owner,"in the sum of: dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: Recycled Water Conversion Bid Package No. 2 CIP NO. 13601 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 powerfor,or contributing to, said work to be done,or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor,shall have complied with the provisions of said laws,then said surety will paythe same in an amount not exceeding the sum hereinbefore set forth,and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This Bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this day of 20 Contractor Surety By By Title Title (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) FORM U-620 PAYMENT BOND No 2001 "d.WPd AGREEMENT AND BONDS-PAGE 5 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 BODILY INJURY g g Induding: ❑ EXPLOSION AND COLLAPSE PROPERTY DAMAGE $ $ ❑ UNDERGROUND DAMAGE a ❑ PRODUCT&COMPLETED OPERATIONS ❑ BOOPR INJURY CONTRACTUAL INSURANCE DAMAGERCOMBINED ❑ BROAD FORM PROPERTY DAMAGE $ $ ❑ INDEPENDENT CONTRACTORS PERSONAL INJURY $ ❑ PERSONAL INJURY COMPREHENSIVE AUTOMOBILE E°cDIL INJU ra LIABILITY PERSS Including. ❑ OWNED EACH ACCIDENT S ❑ HIRED PROPERTY DAMAGE $ ❑ NON-OWNED ❑ MOTOR CARRIER ACT or BODILY INJURY AND PROPERTY DAMAGE COMBINED $ EXCESS LIABILITY BODILY INJURY Including: DAMAGf COMBINED ❑ EMPLOYER'S LIABILITY $ WORKER'S COMPENSATION STATUTORY and EMPLOYER'S LIABILITY EL Including. g IEACHAccIDeNTi ❑ LONGSHOREMEN'S AND HARBOR WORKERS OTHER ADDITIONAL INSURED ENDORSEMENT--CAPISTRANO VALLEY WATER DISTRICT The undersigned certifies that he or she is the representative of the above-named insurance companies,that he or she has the authority to execute and issue this certificate to Certificate Holder,and accordingly,does hereby certify on behalf of said insurance companies that policies of insurance listed above have been issued to Ate insured named above and are in force at this time. Notwithstanding any requirement,term,or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to at the terms,exclusions,and conditions of such policies. Copies of the policies shown will be furnished to the Certificate Holder upon request. This Certificate does not amend,extend,or alter the coverage afforded by the policies listed. Cancellation:Should any of the above described policies be cancelled before the expiration date thereof,the issuing company will mail 30 days written notice to the below-named certificate holder NAME AND ADDRESS OF ADDITIONAL INSURED DATE ISSUED BY All I—REPRESENTfi—O I—ANCE COM—ES—DING C—RIGE FORM U-650 x18U-650ins.wpd CERTIFICATE OF INSURANCE Nov2001 AGREEMENT AND BONDS-PAGE 6 POLICY NUMBER: BUSINESS AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM It is agreed that the"Who Is An Insured"provision is amended to include as an insured the person or organization designated below as an additional insured, subject to the following provisions: (1) This insurance applies only with respect to any Liability arising out of the operation of covered autos on the additional insured 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, CMC City Clerk FORM U-651 INSURANCE ENDORSEMENT-AUTO 2ool Nov msauto.wpd AGREEMENT AND BONDS- PAGE 7 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, CMC City Clerk (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. FORM uses INSURANCE ENDORSEMENT-LIABILITY N o1200s insLiab.wpd AGREEMENT AND BONDS- PAGE 8 Section 00700 GENERAL CONDITIONS TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS Addenda ................................................................ Applicationfor Payment...........................................................................................1 Asbestos................................................................................... BeneficialOccupancy ..............................................................................................1 Bidder ......................................................................................................................1 Bid............................................................................................................................1 BiddingDocuments..................................................................................................1 Bonds.......................................................................................................................1 ChangeOrder..........................................................................................................1 CSJC ................................................................................................ Claim........................................................................................................................1 Contract...................................................................................................................1 Contract Documents.................................................................................................2 ContractMilestone...................................................................................................2 ContractPrice..........................................................................................................2 ContractTime ................................................................................. Contractor................................................................................................................2 Council.....................................................................................................................2 Day ........................................................................................2 DefectiveWork ........................................................................................................2 DesignEngineer......................................................................................................2 Demobilization .........................................................................................................2 Drawings..................................................................................................................2 DisputedWork.........................................................................................................2 Engineer ..................................................................................................................2 FieldOrder...............................................................................................................3 Final Progress Payment...........................................................................................3 General Requirements.............................................................................................3 HazardousWaste....................................................................................................3 Holidays...................................................................................................................3 InterfacingWork ......................................................................................................3 Lawsand Regulations..............................................................................................3 LumpSum Work......................................................................................................3 Milestone .................................................................................................................3 Mobilization..............................................................................................................3 Noticeof Award .......................................................................................................3 Noticeof Completion ...............................................................................................3 Noticeto Proceed ....................................................................................................3 Owner........................................... ..........................................................................3 Owner's Representative...........................................................................................3 PartialUtilization ......................................................................................................4 PCB's.......................................................................................................................4 Petroleum ................................................................................................................4 Project......................................................................................................................4 Radioactive Material ................................................................................................4 Retainage or Retention............................................................................................4 Recycled Water Conversion Bid Package No. 2 GENERAL CONDITIONS Table of Contents Page i TABLE OF CONTENTS(Continued) Page Request for Information (RFI) ..................................................................................4 Request for Proposal (RFP).....................................................................................4 Samples...................................................................................................................4 Safety........................................................................................................................4 ShopDrawings.........................................................................................................4 Specialist .................................................................................................................4 Specifications...........................................................................................................5 StandardSpecifications...........................................................................................5 Submittals................................................................................................................5 Subcontractor ..........................................................................................................5 SubstantialCompletion............................................................................................5 Supplementary General Conditions.........................................................................5 Supplier....................................................................................................................5 Technical Specifications ..........................................................................................5 UndergroundFacilities.............................................................................................5 UnitPrice Work.........................................................................................................5 Work .........................................................................................................................5 WorkChange Directive............................................................................................6 ARTICLE 2 - PRELIMINARY MATTERS 2.1 DELIVERY OF BONDS/INSURANCE CERTIFICATIONS.........................7 2.2 COPIES OF DOCUMENTS........................................................................7 2.3 COMMENCEMENT OF CONTACT TIME; NOTICE TO PROCEED..........7 2.4 STARTING THE WORK.............................................................................7 2.5 CONTRACTOR MUST STUDY CONTRACT DOCUMENTS.....................7 2.6 PRELIMINARY SCHEDULES AND INITIAL ACCEPTANCE OF SCHEDULES .............................................................................................7 2.6.1 Preliminary Schedules................................................................................7 2.6.2 Initial Acceptance of Schedules .................................................................8 2.7 PRE-CONSTRUCTION CONFERENCE....................................................8 2.8 SUBCONTRACTOR MOBILIZATION MEETING .......................................8 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING,REUSE 3.1 INTENT ................................................................ .....9 ................................. 3.2 INTENT OF WORK TO BE FUNCTIONALLY COMPLETE .......................9 3.2.1 Work to be Complete .................................................................................9 3.2.2 Necessary Utilities......................................................................................9 3.3 CLARIFICATIONS AND INTERPRETATIONS OF THE CONTRACT DOCUMENTS .......................................................................9 3.3.1 Reference to Standards .............................................................................9 3.3.2 Discovery of Problem .................................................................................9 3.3.3 Order of Precedence of the Drawings ........................................................9 3.3.4 Order of Precedence of Contract Documents ..........................................10 3.4 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS.........10 3.4.1 Amending Contract Documents................................................................10 3.4.2 Supplementing Contract Documents........................................................10 3.5 REUSE OF DOCUMENTS.......................................................................10 ARTICLE 4 -AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 AVAILABILITY OF LANDS.......................................................................11 4.2 PHYSICAL SITE CONDITIONS ...............................................................11 Recycled Water Conversion Bid Package No. 1 (Marbella) GENERAL CONDITIONS Table of Contents Page ii TABLE OF CONTENTS(Continued) Page 4.2.1 Reports and Drawings..............................................................................11 4.2.2 Limited Reliance by the Contractor on the Technical Data ......................11 4.3 DIFFERING SITE CONDITIONS..............................................................12 4.3.1 Inaccurate Owner Documents..................................................................12 4.3.2 Requires Change......................................................................................12 4.3.3 Materially Different From Contract............................................................12 4.3.4 Materially Different From Conditions Originally Encountered ...................12 4.3.5 Owner Responsibility................................................................................12 4.3.6 Disallowance of Entitlement .....................................................................12 4.4 UNDERGROUND UTILITIES...................................................................13 4.4.1 Utilities Indicated ............................. .....................13 .................................... 4.44.2 Utilities Not Indicated................................................................................13 4.4.3 Action Prior to Starting Work....................................................................13 4.4.4 Locate Utilities..........................................................................................13 4.4.5 Protection of Utilities.................................................................................13 4.4.6 Notification Requirements If Utility Disturbed ...........................................13 4.4.7 Removal of Abandoned Utilities .....................:.........................................13 4.4.8 Relocation of Utilities................................................................................14 4.4.9 Delays ......................................................................................................14 4.4.10 Access to the Work ..................................................................................14 4.5 REFERENCE POINTS.............................................................................14 4.5.1 Bench Mark ..............................................................................................14 4.5.2 Protection of Bench Marks .......................................................................14 4.6 ASBESTOS, PCB's, PETROLEUM, HAZARDOUS WASTE OR RADIOACTIVE MATERIAL................................................................15 4.6.1 Owner Responsibility............................................. ...............15 .................... 4.6.2 Contractor's Responsibility.......................................................................15 4.6.3 Dispute .....................................................................................................15 ARTICLE 5 - BONDS AND INSURANCE 5.1 PERFORMANCE, PAYMENT AND OTHER BONDS ..............................16 5.2 LICENSED SURETIES AND INSURERS.................................................16 5.3 CERTIFICATES OF INSURANCE ...........................................................16 5.4 CONTRACTOR'S LIABILITY INSURANCE..............................................17 5.5 OWNER'S LIABILITY INSURANCE.........................................................18 5.6 ACCEPTANCE OF BONDS AND INSURANCE; OPTION TOREPLACE...........................................................................................19 5.7 PARTIAL UTILIZATION, ACKNOWLEDGMENT OF PROPERTY USER .......................................................................................................19 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.1 RESPONSIBILITY OF CONTRACTOR TO PERFORM...........................20 6.2 MATERIAL AND EQUIPMENT............:....................................................20 6.3 SUPERVISION, SUPERINTENDENCE AND QUALITY ..........................20 6.4 SUPERINTENDENT.................................................................................20 6.4.1 Written Designation of Superintendent.....................................................20 6.4.2 Superintendent's Presence at Site ...........................................................20 6.4.3 Removal of Superintendent......................................................................21 6.5 LABOR .....................................................................................................21 6.5.1 No Additional Compensation for Overtime ...............................................21 6.5.2 Approval Required to Work Outside Normal Work Hours ........................21 6.6 PROGRESS SCHEDULE.........................................................................21 Recycled Water Conversion Bid Package No. 1 (Marbella) GENERAL CONDITIONS Table of Contents Page iii TABLE OF CONTENTS(Continued) Page 6.6.1 Non-Impacting Adjustments .....................................................................21 6.6.2 Revisions to Milestones............................................................................22 6.7 SUBSTITUTES OR "OR APPROVED EQUAL" ITEMS............................22 6.8 PROJECT SITE COORDINATION...........................................................24 6.8.1 Work by Others ........................................................................................24 6.8.2 Coordination of Work ................................................................................24 6.8.3 Cost of Coordination...............................................................................:.24 6.8.4 Origination to Provide Access ..................................................................24 6.8.5 Obligation to Fit ........................................................................................24 6.8.6 Obligation to Protect Property ..................................................................24 6.9 COORDINATION WITH SUBCONTRACTORS AND SUPPLIERS..........24 6.9.1 Obligation to Supervise and Manage Contractor Organization ................24 6.9.2 No Contractual Relationship With Owner.................................................25 6.9.3 Subcontract Limitations............................................................................25 6.10 PATENT FEES AND ROYALTIES ...........................................................25 6.11 PERMITS .................................................................................................25 6.11.1 NPDES PERMITS....................................................................................26 6.12 LAWS AND REGULATIONS....................................................................26 6.13 TAXES......................................................................................................26 6.14 USE OF PREMISES.............................................. ............................26 6.15 PROJECT SITE MAINTENANCE AND INTERFERENCE WITH ADJACENT PROPERTY ...............................................................27 6.15.1 Cost of General Requirements in Contract Price .....................................27 6.15.2 Vehicle Load Limits ..................................................................................27 6.15.3 Work Outside the Work Site Area ............................................................27 6.15.4 Responsibilities for Damage.....................................................................27 6.16 CONTRACTOR'S DAILY REPORTS .......................................................27 6.17 SAFETY ...................................................................................................28 6.17.1 Safety Plan...............................................................................................28 6.17.2 Safety Laws and Regulations...................................................................28 6.17.3 Safety Representative...............................................................................28 6.17.4 Safety Orders ...........................................................................................28 6.17.5 Trench Shoring Plan..................................................................................28 6.17.6 Use of Explosives.....................................................................................28 6.17.7 Hazardous Communication Program .......................................................28 6.17.8 Safety Reporting.......................................................................................29 6.17.9 Engineer Safety Deficiency Report...........................................................29 6.18 EMERGENCY ..........................................................................................29 6.19 SHOP DRAWINGS AND SAMPLES........................................................29 6.19.1 Shop Drawings.........................................................................................29 6.19.2 Samples ...................................................................................................29 6.19.3 Verify Field Measurements.......................................................................29 6.20 SUBMITTAL ACCEPTANCE....................................................................30 6.20.1 Design Engineer Review Scope and Limitation........................................30 6.20.2 Contractor's Responsibility Not Relieved by Approval..............................30 6.21 COMPLIANCE WITH ENGINEER ADMINISTRATIVE PROCEDURES ..30 6.22 CONTINUING THE WORK DURING DISPUTES ....................................30 6.22.1 Continue Work ..........:..............................................................................30 6.22.2 Direction To Proceed With Work..............................................................31 6.23 GENERAL WARRANTY AND GUARANTEE...........................................31 Recycled Water Conversion Bid Package No. 1 (Marbella) GENERAL CONDITIONS Table of Contents Page iv TABLE OF CONTENTS(Continued) Page ARTICLE 7 -WORK BY OTHERS AT THE SITE 7.1 OWNER'S RIGHT TO WORK AT SITE ...................................................32 7.2 CONTRACTORS REPORT ON DELAYS CAUSED BY OTHERS...........32 7.3 DAMAGE TO OTHERS CAUSED BY CONTRACTOR............................32 7.4 COORDINATION......................................................................................32 7.4.1 Coordination Responsibilities...................................................................32 7.4.2 Coordination Delays.................................................................................32 7.5 REMEDY FOR DELAYS BY OTHERS.....................................................32 7.6 OUT OF SEQUENCE OR ACCELERATED WORK.................................33 ARTICLE 8 — NOT USED ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.1 PRESENCE ON SITE ..............................................................................34 9.2 CONTRACT DOCUMENT CLARIFICATIONS AND INTERPRETATIONS.......................................................................34 9.3 AUTHORIZED VARIATIONS IN WORK....................................................34 9.4 DECISIONS ON DISPUTES ....................................................................34 9.5 ENGINEER LIABILITY FOR INTERPRETATION ....................................34 9.6 LIMITATION ON ENGINEER'S RESPONSIBILITIES ..............................35 9.6.1 No Duty Arising Out of Act or Decision.....................................................35 9.6.2 No Supervision Role.................................................................................35 9.6.3 Contractor Acts or Omissions...................................................................35 ARTICLE 10 - CHANGES IN THE WORK 10.1 CHANGES REQUESTED BY THE CONTRACTOR ................................36 10.1.1 Engineer Approval....................................................................................36 10.1.2 Specified Methods....................................................................................36 10.1.3 No Right to Change..................................................................................36 10.1.4 Request for Change Made in Good Faith.................................................36 10.2 OWNER'S RIGHT TO MODIFY WORK...................................................36 10.2.1 Requirements to Implement Directed Change .........................................36 10.2.2 Request For Proposal...............................................................................36 10.3 REQUIREMENT TO PROCEED WITH WORK........................................36 10.4 WORK NOT IN CONTRACT....................................................................37 10.5 CHANGE ORDER PROCESS..................................................................37 10.5.1 Owner-Ordered Changes .........................................................................37 10.5.2 Changes Due to Defective Work..............................................................37 10.5.3 Mutually Agreed Price/Time Changes......................................................37 10.6 NOTICE TO SURETY ..............................................................................37 10.7 ALLOWABLE QUANTITY VARIATIONS..................................................37 ARTICLE 11 - CHANGE OF CONTRACT PRICE 11.1 CONTRACT PRICE CHANGE .................................................................38 11.2 METHODS FOR 'DETERMINING ADJUSTMENTS IN CONTRACT PRICE.............................................................................38 11.2.1 Methods....................................................................................................38 11.2.2 Contractor's Overhead and Profit Limitation.............................................38 11.2.3 Subcontractor Mark Up.............................................................................38 11.2.4 Equipment Rental Rates ..........................................................................38 11.3 COST OF WORK (BASED ON TIME AND MATERIALS)........................39 11.3.1 General.....................................................................................................39 Recycled Water Conversion Bid Package No. 1 (Marbella) GENERAL CONDITIONS Table of Contents Page v TABLE OF CONTENTS(Continued) Page 11.3.2 Labor........................................................................................................39 11.3.3 Materials......:.......................... ..39 ................................................................ 11.3.4 Equipment................................................................................................40 11.3.5 Rental Equipment.....................................................................................40 11.3.6 Owned-Equipment....................................................................................41 11.3.7 Special Services.......................................................................................41 11.3.8 Excluded Costs ........................................................................................41 11.3.9 Contractors Extra Work Report ................................................................42 11.4 COSTS RELATING TO WEATHER DAMAGE ........................................42 11.5 WRITTEN JUSTIFICATION SUBSTANTIATING ADJUSTMENT............43 11.5.1 Contractor Initiated Change......................................................................43 11.5.2 Cost and Time Notice Requirements........................................................43 11.5.3 Proposal Form..........................................................................................43 11.5.4 Proposal Content.......................................................................................43 11.5.5 Additions and Deletions............................................................................43 11.5.6 Requirements for Valid Proposal..............................................................43 11.5.7 Obligation of Surety..................................................................................43 11.5.8 Documentation .........................................................................................43 11.6 OWNER RIGHT TO DIRECT USE OF COMPETITIVE BID ....................44 ARTICLE 12 - CHANGE OF CONTRACT TIME 12.1 GENERAL ................................................................................................45 12.1.1 Contractor Request for Time Extension ...................................................45 12.1.2 Contractor Required Analysis...................................................................45 12.1.3 Owner's Right to Grant Time Extension ...................................................45 12.2 TIME IS OF THE ESSENCE....................................................................45 12.3.1 Use of Float and Critical Path...................................................................45 12.3.2 Types of Delays Beyond the Contractor's andOwner's Control................................................................................45 12.3.3 Subcontractor Delays Within Contractor Control......................................45 12.4 TIME ONLY ENTITLEMENT....................................................................46 12.4.1 Entitlement ...............................................................................................46 12.4.2 No Damages ............................................................................................46 12.5 EXTENSIONS OF TIME FOR DELAY DUE TO WEATHER....................46 ARTICLE 13 -WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 13.1 TESTS AND INSPECTIONS.....................................................................47 13.1.1 Access to Work for Testing and Inspection ..............................................47 13.1.2 Cost of Inspection/Notice .........................................................................47 13.1.3 Right to Stop Work...................................................................................47 13.2 CONTRACTOR INSPECTION AND TESTING RESPONSIBILITY..........47 13.2.1 Contractor Responsible............................................................................47 13.2.2 Contractor Pay for Inspections Required by Laws or Regulations ...........47 13.2.3 Contractor Pay for Testing of"Or Approved Equal...................................47 13.2.4 Testing/Inspection Time In Schedule ........................................................48 13.3 COVERING WORK TO BE INSPECTED.................................................48 13.3.1 Covered Work Prior to Inspection or Testing............................................48 13.3.2 Covered Work Contrary to Written Request.............................................48 13.3.3 Engineer Right to Direct That Work Be Uncovered for Inspection or Testing...........................................................................48 13.4 OWNER MAY STOP THE WORK.............................................................48 Recycled Water Conversion Bid Package No. 1 (Marbella) GENERAL CONDITIONS Table of Contents Page vi TABLE OF CONTENTS(Continued) Page 13.5 CORRECTION OR REMOVAL OF DEFECTIVE WORK.........................49 13.6 CORRECTION PERIOD...........................................................................49 13.7 WARRANTY AND GUARANTEE.............................................................50 13.7.1 General.....................................................................................................50 13.7.2 One Year Warranty Period.......................................................................50 13.7.3 Correction of Defective Work ...................................................................50 13.7.4 Early Completion ......................................................................................51 13.8 EXTENDED WARRANTIES AND GUARANTEES...................................51 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 BASIS FOR PAYMENT............................................................................52 14.2 PAYMENT................................................................................................52 14.2.1 Wasted or Rejected Material....................................................................52 14.2.2 Contractor Retains Ownership .................................................................52 14.2.3 Payment Does Not Affect Warranty .........................................................52 14.2.4 Stop Notice...............................................................................................52 14.3 APPLICATION FOR PROGRESS PAYMENT..........................................52 14.3.1 Payment Due Date...................................................................................52 14.3.2 Payment Application Content...................................................................52 14.3.3 Net Payment.............................................................................................52 14.3.4 Retention..................................................................................................53 14.3.5 Retainage From Payments.......................................................................53 14.3.6 Products Stored On and Off Site..............................................................53 14.4 CONTRACTOR'S WARRANTY OF TITLE...............................................53 14.5 REVIEW OF APPLICATIONS FOR PROGRESS PAYMENT..................53 14.5.1 Review of Application for Payment...........................................................53 14.5.2 Dispute Process......................... ..........................54 .................................... 14.5.3 Payment Due............................................................................................54 14.5.4 Reduction in Payment..............................................................................55 14.6 REJECT PAYMENT FOR DEFECTIVE WORK .......................................55 14.7 REJECTION OF PAYMENT BY OWNER ................................................55 14.8 SUBSTANTIAL COMPLETION ................................................................55 14.8.1 Contractor Notification..............................................................................55 14.8.2 Inspection.................................................................................................56 14.8.3 Notice of No Substantial Completion........................................................56 14.8.4 Notice of Substantial Completion .............................................................56 14.8.5 Right to Exclude Contractor......................................................................56 14.9 PARTIAL UTILIZATION AND BENEFICIAL OCCUPANCY .....................56 14.9.1 Partial Utilization.......................................................................................56 14.9.2 Beneficial Occupancy...............................................................................56 14.9.3 Responsibility for Care and Maintenance.................................................56 14.9.4 Contractor Responsible for Completion....................................................56 14.10 FINAL INSPECTION ................................................................................56 14.11 FINAL APPLICATION FOR PAYMENT....................................................57 14.12 FINAL PAYMENT AND ACCEPTANCE...................................................57 14.12.1 Acceptance...............................................................................................57 14.12.2 Final Payment ..........................................................................................57 14.13 PARTIAL RELEASE OF RETENTION AT SUBSTANTIAL COMPLETION...........................................................57 14.14 WAIVER OF CLAIMS...............................................................................57 14.15 RELEASE OF RETAINAGE AND OTHER DEDUCTIONS ......................58 14.16 CONTRACTOR'S CONTINUING OBLIGATION ......................................58 Recycled Water Conversion Bid Package No. 1 (Marbella) GENERAL CONDITIONS Table of Contents Page vii TABLE OF CONTENTS(Continued) Page 14.17 TERMINATION OF LIABILITY OF OWNER.............................................58 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.1 SUSPENSION OF WORK BY OWNER...................................................59 15.2 ARCHAEOLOGICAL AND PALEONTOLOGICAL DISCOVERIES ..........59 15.2.1 Suspension of Work.................................................................................59 15.2.2 Types of Discoveries .................................................................................59 15.2.3 Time Extension.........................................................................................59 15.3 TERMINATION OF AGREEMENT BY OWNER FOR CAUSE.................59 15.3.1 Notice of Intent to Terminate....................................................................59 15.3.2 Contractor Default.....................................................................................59 15.3.3 Failure to Remedy....................................................................................60 15.3.4 Owner's Rights .........................................................................................60 15.4 RIGHTS OF OWNER PRESERVED........................................................60 15.5 TERMINATION OF AGREEMENT BY CONTRACTOR...........................60 15.5.1 Work Suspended for More Than 90 Days................................................60 15.5.2 Failure to Pay ...........................................................................................60 15.5.3 Claims ......................................................................................................60 ARTICLE 16 - DISPUTES 16.1 GENERAL ................................................................................................61 16.2 REQUESTS FOR CHANGE.....................................................................61 16.2.1 Contractor's Right to Request a Change..................................................61 16.2.2 Initial Determination..................................................................................61 16.2.3 Contractor Appeal ....................................................................................61 16.2.4 Final Determination ..................................................................................61 16.2.5 Claim ..............................................................................•.........................61 16.2.6 Waiver of Rights.......................................................................................61 16.3 CLAIMS....................................................................................................61 16.3.1 Definition of Claim ....................................................................................61 16.3.2 Claim Arising Under the Contract.............................................................61 16.3.3 Period of Claim.........................................................................................62 16.3.4 Claim Certification Requirements........................................:....................62 16.3.5 Progress Schedule Analysis.....................................................................62 16.4 CLAIM RESOLUTION PROCESS............................................................62 16.4.1 Owner Written Determination ...................................................................62 16.4.2 Contractor Obligation to Proceed .............................................................62 16.5 VENUE.....................................................................................................62 16.5.1 State of California.....................................................................................62 16.5.2 County Where Owner's Headquarters Located........................................63 ARTICLE 17 - MISCELLANEOUS 17.1 CUMULATIVE REMEDIES.......................................................................64 17.2 TITLE TO MATERIALS FOUND ON SITE ...............................................64 17.3 RIGHT TO AUDIT ....................................................................................64 17.3.1 Owner's Right...........................................................................................64 17.3.2 Right Includes...........................................................................................64 17.3.3 Right to Inspect Plans ..............................................................................64 17.3.4 Extends to Subcontracts ..........................................................................64 17.3.5 Accounting Records .................................................................................64 17.4 NOT A LIMIT ON RIGHTS OR REMEDIES .............................................65 17.5 LIQUIDATED DAMAGES.........................................................................65 Recycled Water Conversion Bid Package No. 1 (Marbella) GENERAL CONDITIONS Table of Contents Page viii Section 00700 GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS Notwithstanding any definition in the Standard Specifications, wherever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof. Where a word is capitalized in the definitions and is found uncapitalized in the Contract Documents it has the ordinary dictionary definition. Addenda - Written or graphic instruments issued prior to the opening of Bids which make additions, deletions, or revisions to the Contract Documents. Application for Payment - The form furnished by the ENGINEER which shall be used by the CONTRACTOR to request progress or final payments and which shall be accompanied by such supporting documentation as is required by the Contract Documents. 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. Beneficial Occupancy- Use by the OWNER of the entire Work prior to final acceptance. Bidder - Any individual, firm, partnership, Limited Liability Company (LLC), corporation, or combination thereof, submitting a Bid for the WORK, acting directly or through a duly authorized representative. Bid - The offer of the Bidder submitted on the prescribed form setting forth the price or prices for the Work. Bidding Documents - The advertisement, the Notice Inviting Bids, Instructions to Bidders, the Bid form, and the Contract Documents (including all Addenda issued prior to receipt of Bids). Bonds - Bid, Performance, and Payment Bonds and other instructions which protect against loss due to inability or refusal of the CONTRACTOR to perform its Contract. Change Order - A document recommended by the ENGINEER which is signed by the CONTRACTOR and the OWNER and authorizes an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Contract. City or CSJC - The City of San Juan Capistrano Claim - A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. Contract - The written contract between the OWNER and the CONTRACTOR covering the Work to be performed, including all other documents that are attached to the Contract and made a part thereof as provided therein. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700- 1 Contract Documents - The Notice Inviting Bids, Instructions to Bidders, Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all required certificates and affidavits), Contract, Performance Bond, Payment Bond, General Conditions, Supplementary General Conditions, Technical Specifications, Drawings, and all Addenda and Change Orders executed pursuant to the provisions of the Contract Documents. Contract Milestone - A principal event specified in the Contract Documents relating to an intermediate completion date of a portion of the Work or a period of time within which the portion of the Work should be performed prior to Substantial Completion of all the Work. Contract Price - The total monies payable by the OWNER to the CONTRACTOR under the terms and conditions of the Contract Documents. The total monies payable to the CONTRACTOR maybe increased or decreased by Change Orders during the performance of the Contract. Contract Time - The number of successive calendar days stated in the Contract Documents for the completion of the Work. CONTRACTOR - The individual, partnership, Limited Liability Company (LLC), corporation, joint-venture or other legal entity with whom the OWNER has entered the Contract. Council - The City Council for the City of San Juan Capistrano. Day- A calendar day of 24 hours measured from 12:00 a.m. to the next 11:59 p.m.. Defective Work - Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents; or that has been damaged by anyone other than OWNER prior to the ENGINEER's recommendation of final payment. Design Engineer(s) - The individual, partnership, corporation, joint-venture or other legal entity named as such in the Contract Documents or succeeding entity. Demobilization - The complete dismantling and removal by the CONTRACTOR of all of the CONTRACTOR's temporary facilities, equipment and personnel at the Work site. Drawings - The drawings, plans, maps, profiles, diagrams, and other graphic representations which indicate the character, location, nature, extent, and scope of the Work and which are referred to in the Contract Documents. Shop Drawings are not Drawings as so defined. Disputed Work - A dispute exists from the time the CONTRACTOR disagrees with a decision or determination made by the ENGINEER until the ENGINEER renders a final determination. If the issue is unresolved, it becomes a claim. ENGINEER - The term ENGINEER shall mean the person or firm appointed by the OWNER to undertake the duties and powers assigned to the ENGINEER by these Specifications acting directly or through authorized representatives. The term ENGINEER is referred to throughout the Contract Documents as if singular in number and masculine in gender, and means the ENGINEER or its authorized representative, including the ENGINEER's employees, agents, and consultants. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-2 Field Order- A written order issued by the ENGINEER which does not involve a change in the Contract Price or Contract Time or the intent of the Contract. Final Progress Payment-The last progress payment made to the CONTRACTOR for earned funds, less retainage as applicable, less deductions listed in Article 14. The CONTRACTOR is entitled to this payment when the Notice of Completion is issued. General Requirements - Division 1 of the Technical Specifications. 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. Holidays - The day upon which the OWNER is closed during normal business hours in observance of the following: New Year's Eve New Year's Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day Interfacing Work - Work which connects to, abuts, or meets with Work of another CONTRACTOR. Laws and Regulations (Laws or Regulations) -Any and all applicable laws, rules, regulations, ordinances, codes, and orders of all governmental bodies, agencies, authorities and courts having jurisdiction over the Work and the Work site. Lump Sum Work -Work paid on the basis of lump sum prices. Milestone - See Contract Milestone. Mobilization - The establishment by the CONTRACTOR of the temporary facilities, equipment and personnel at the Work site thereby enabling the Work to commence. Notice of Award - The written notice by the OWNER to the lowest responsible bidder stating that upon compliance with the conditions precedent enumerated therein within the time specified, the OWNER will enter a Contract. Notice of Completion - A form signed by the ENGINEER recommending to the OWNER that the Work is complete and fixing the date of completion. Notice to Proceed - The written notice issued by the OWNER to the CONTRACTOR authorizing the CONTRACTOR to proceed with the Work. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-3 OWNER—The City of San Juan Capistrano OWNER's Representative - The ENGINEER will be the OWNER's Representative during the construction period. Partial Utilization - Use by the OWNER of a substantially completed part of the Work for the purpose for which it is intended prior to Substantial Completion of all the Work. (See Beneficial Occupancy) PCB's - Polychlorinated biphenyls. Petroleum - Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60° 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 Wastes and crude oils. Project - The total construction of which the Work to be provided under the Contract Documents may be the whole or a part as indicated elsewhere in the Contract Documents. 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. Retainage or Retention - The amount stipulated in the Contract Documents to be withheld from each Progress Payment or a certified security of equivalent value deposited with the OWNER. Request for Information (RFI) - The standardized form furnished by the OWNER for the CONTRACTOR's use when making written requests for information to the ENGINEER, and upon which the response will be answered and returned. Request for Proposal (RFP) - The standardized form used by the ENGINEER to request a proposal from the CONTRACTOR for proposed changes in the Work. 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. Safety- Safety includes health and security.. Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for the CONTRACTOR and submitted by the CONTRACTOR to illustrate some portion of Work and all illustrations, brochures, standard schedules, performance charts, instructions, and diagrams to illustrate material or equipment for some portion of the Work. Specialist- A Specialist is defined as: A. A person, partnership, Limited Liability Company (LLC), firm, or corporation of established reputation (or if newly organized, whose personnel have previously established a reputation in the same field), which is regularly engaged in, and which maintains a regular force of workers skilled in either (as applicable) CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-4 manufacturing or fabricating items required by the Contract Documents, or otherwise performing Work required by the Contract Documents. B. Where the Specifications require the installation by a Specialist, that term shall also be deemed to mean either the manufacturer of the item, a person, partnership, LLC, firm, or corporation licensed by the manufacturer, or a person, partnership, firm, or corporation who will perform the Work under the manufacturer's direct supervision. Specifications - The Specifications include the Bidding Requirements (Notice Inviting Bids, Instruction to Bidders, Bid Forms) , the Contract Forms, the Conditions of the Contract (General, Supplementary, and other Conditions), and the Divisions and Sections of the Technical Specifications. Standard Specifications — Standard Specifications for Public Works Construction (Greenbook), latest edition. Submittals - The information which is specified for submission to the ENGINEER in accordance with Article 6 of the General Conditions. Subcontractor - An individual, partnership, LLC corporation, joint-venture or other legal entity having a direct contract with the CONTRACTOR or with any other Subcontractor for the performance of a part of the Work. Substantial Completion - When the Work has progressed to the point where, in the opinion of the ENGINEER as evidenced by Notice of Substantial Completion as applicable, it is sufficiently complete, in accordance with the Contract Documents, so that the Work can be utilized for the purposes for which it is intended, after demonstration of the Work's operation, completion of CONTRACTOR-provided training (where applicable) and completion and submittal of manuals (where applicable). Supplementary General Conditions - The part of the Contract Documents which make additions, deletions, or revisions to these General Conditions. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor of goods, supplies, fixtures, and equipment used in the work or project. Technical Specifications - The Contract Documents divided into Divisions consisting of the General Requirements and written technical descriptions of products and execution of the Work. Underground Facilities -All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. Unit Price Work- Work paid on the basis of unit prices. Work - The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing, or furnishing labor and furnishing and incorporating materials and equipment into the CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-5 construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. Work Change Directive - A written directive to CONTRACTOR, issued on or after the Effective Date of the Contract and recommended by ENGINEER and signed by OWNER ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen 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 directed 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 Time. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-6 ARTICLE 2 - PRELIMINARY MATTERS 2.1 DELIVERY OF BONDS/INSURANCE CERTIFICATES When the CONTRACTOR delivers the signed Contract to the OWNER, the CONTRACTOR shall simultaneously deliver to the OWNER such Bonds, insurance policies, certificates and endorsements as the CONTRACTOR may be required to furnish in accordance with the Contract Documents. 2.2 COPIES OF DOCUMENTS The OWNER shall furnish to the CONTRACTOR one copy of the signed Contract, along with three sets of Specifications and full scale Drawings. Upon written request by the CONTRACTOR, OWNER will furnish additional quantities of the Contract Documents at its cost to reproduce them. 2.3 COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED The Contract Times will commence on the date stated in the Notice to Proceed except in the case where the Notice inviting Bids indicates that the Contract Time is from the Notice of Award. In the latter case, the contract time begins on the date of the Notice of Award. 2.4 STARTING THE WORK CONTRACTOR shall begin to perform the Work within 10 days after the commencement date stated in the Notice to Proceed, but no Work shall be done at the Work site prior to said commencement date. In addition, CONTRACTOR shall satisfy any requirements in the Supplemental General Conditions prior to actually beginning the Work. 2.5 CONTRACTOR MUST STUDY CONTRACT DOCUMENTS Before undertaking each part of the Work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The CONTRACTOR shall promptly report in writing to the ENGINEER any conflict or error, or seek clarification from the ENGINEER before proceeding with any Work affected thereby. 2.6 PRELIMINARY SCHEDULES AND INITIAL ACCEPTANCE OF SCHEDULES 2.6.1 Preliminary Schedules - Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for 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 Submittals; 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 CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-7 payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.6.2 Initial Acceptance of Schedules - At least 10 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 the schedules submitted in accordance with Paragraph 2.6.1. CONTRACTOR shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. 1. The Progress Schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to completion within 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 responsibility therefor. 2. CONTRACTOR's Schedule of 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. 2.7 PRE-CONSTRUCTION CONFERENCE The CONTRACTOR is required to attend a pre-construction conference. This conference will be attended by the ENGINEER and others as appropriate in order to discuss the Work in accordance with the applicable procedures specified in the General Requirements. . 2.8 SUBCONTRACTOR MOBILIZATION MEETING Prior to the start of each major Subcontractor's Work, the CONTRACTOR, that Subcontractor and the ENGINEER shall attend a pre-start meeting to discuss schedule, coordination, procedures, and other administrative issues. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-8 ARTICLE 3 -CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE 3.1 INTENT The Contract Documents comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. 3.2 INTENT OF WORK TO BE FUNCTIONALLY COMPLETE 3.2.1 Work to be Complete- It is the intent of the Contract Documents to describe the Work which is to be constructed in accordance with the provisions of the Contract. Any work, 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 shall be supplied whether or not specifically called for or identified in the Contract Documents. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe work, materials, or equipment such words or phrases shall be interpreted in accordance with that meaning unless a definition has been provided in Article 1 of the General Conditions. 3.2.2 Necessary Utilities - If utilities for equipment or fixtures are not shown but are necessary to operate the equipment or fixtures, the installation of those utilities shall be deemed part of the Work. 3.3 CLARIFICATIONS AND INTERPRETATIONS OF THE CONTRACT DOCUMENTS 3.3.1 Reference to Standards - Reference to standards, manuals, or codes of any technical society, organization, or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest edition of standards, manual, code, or Laws or Regulations in effect at the time of opening of Bids, except as may be otherwise specifically stated. 3.3.2 Discovery of Problem - If, during the performance of the Work, the CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any such standard specification, manual or code or of any instruction of any supplier, the CONTRACTOR shall report it to the ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby, except in an emergency, unless otherwise directed by the ENGINEER in writing. Any work performed by the CONTRACTOR that is not directed by the ENGINEER shall be at CONTRACTOR's own risk and cost. 3.3.3 Order of Precedence of the Drawings - With reference to the Drawings, the order of precedence is as follows: 1. Addenda and change order drawings govern over Contract Drawings 2. Contract Drawings govern over standard drawings 3. Figures govern over scaled dimensions 4. Detail drawings govern over general drawings CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-9 3.3.4 Order of Precedence of Contract Documents - In resolving conflicts resulting from errors, discrepancies, ambiguities, or inconsistencies in any of the Contract Documents, the order of precedence shall be as follows: 1. Permits from other agencies as may be required by law. 2. Change orders 3. Contract 4. Addenda 5. The Bid 6. Supplementary General Conditions 7. General Conditions 8. Technical Specifications, 9. Drawings 10. Standard Drawings of the City of San Juan Capistrano 11. Standard Specifications (Greenbook) 12. Notice Inviting Bids 13. Instructions to Bidders 3.4 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS 3.4.1 Amending Contract Documents - The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order pursuant to Article 10. 3.4.2 Supplementing Contract Documents - The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized by: 1. A Field Order issued by the ENGINEER or, 2. ENGINEER's approval of a shop drawing or sample pursuant to Article 6 or, 3. ENGINEER's written interpretation or clarification. 3.5 REUSE OF DOCUMENTS Neither the CONTRACTOR, nor any Subcontractor or Supplier, nor any other person or organization performing any of the Work under the Contract with the OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Technical Specifications, or other documents used on the Work, and they shall not reuse any of them on the extensions of the Project or any other project without written consent of the OWNER. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700- 10 ARTICLE 4 -AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 AVAILABILITY OF LANDS The OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, if necessary, and such other lands which are designated for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the OWNER, unless otherwise provided in the Contract Documents. Nothing contained in the Contract Documents shall be interpreted as giving the CONTRACTOR exclusive occupancy of the lands, rights-of-way, or easements provided. The CONTRACTOR shall provide, at no additional cost, for all additional lands and access thereto that may be required for temporary construction facilities, borrow areas, or storage of materials and equipment, provided that the CONTRACTOR shall not enter or use any property not under the control of the OWNER until a written temporary construction easement has been executed by the CONTRACTOR and the property OWNER, and a copy of said easement furnished to the ENGINEER prior to said use; and, the OWNER shall not be liable for any claims or damages resulting from the CONTRACTOR's unauthorized trespass or authorized use of any such properties. 4.2 RELIANCE ON REPORTS AND DRAWINGS OF PHYSICAL SITE CONDITIONS 4.2.1 Reports and Drawings - Reference is made to the Supplementary General Conditions for identification of: a. Subsurface Condition Reports. No reports of explorations and tests of subsurface conditions at or contiguous to the Work site that have been utilized by the ENGINEER in preparing the Contract Documents; and b. Drawings of Existing Structures. Reference is made to the Supplementary General Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Utilities referred to in Article 4 herein) which are at or contiguous to the Work site that have been utilized in the preparation of the Contract Documents. 4.2.2 Limited Reliance by the CONTRACTOR on the Technical Data - The CONTRACTOR may rely on the accuracy of the technical data contained in such drawings or reports; however, non-technical data, interpretations, and opinions contained in such drawings or reports shall not be relied on by the CONTRACTOR. The CONTRACTOR may not rely on or make any claims against OWNER with respect to: a. The completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or b. Other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings, or CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700- 11 C. CONTRACTOR's interpretation of or conclusion drawn from any "technical data"or any such data, interpretations, opinions or information. 4.3 DIFFERING SITE CONDITIONS If the CONTRACTOR believes that there is any subsurface or physical condition at or contiguous to the Work site that is uncovered or revealed and such condition: 4.3.1 Inaccurate OWNER Documents - is of such a nature that any "technical data" on which the CONTRACTOR is entitled to rely as provided in Paragraph 4.2.1 above is materially inaccurate, or 4.3.2 Requires Change - is of such a nature requires a change in the Contract Documents, or 4.3.3 Materially Different From Contract - differs materially from that shown or indicated in the Contract Documents, or 4.3.4 Materially Different From Conditions Originally Encountered - is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character described in the Contract Documents, CONTRACTOR shall promptly notify ENGINEER in writing of such opinion or belief; then 4.3.5 OWNER Responsibility — Upon receipt of such written notice, OWNER shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, and cause a decrease or increase in the CONTRACTOR's cost of, or the time required for, performance of any part of the Work, shall issue a Change Order under the procedures described in Article 10. If the OWNER determines that there is no change or it is a minor change which does not impact time or cost, the OWNER shall notify the CONTRACTOR in writing of this finding within 30 days after receipt of the CONTRACTOR's Request for Change. 4.3.6 Disallowance of Entitlement - The CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Time if: a. the CONTRACTOR knew of the existence of such conditions at the time the CONTRACTOR made a final commitment to the OWNER in respect of Contract Price and Contract Time by the submission of a bid or the signing of the 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 Work site and contiguous areas suggested or required by the Bidding Documents; or C. the CONTRACTOR failed to give the written notice within the time specified by Article 3. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700- 12 4.4 UNDERGROUND UTILITIES 4.4.1 Utilities Indicated - The information and data indicated in the Contract Documents with respect to existing underground utilities at or contiguous to the Work site are based on information and data furnished to the OWNER or by the owners of such underground utilities or by others. Unless it is expressly provided in the Supplementary General Conditions or the General Requirements, OWNER shall not be responsible for the accuracy or completeness of any such information or data, and the CONTRACTOR shall have full responsibility for reviewing and investigating all such information, conditions and data; for locating all underground utilities indicated in the Contract Documents; for coordination of the Work with the owners of such underground utilities during construction; for the safety and protection thereof and repairing any damage thereto resulting from the Work; the cost of which will be considered as having been included in the Contract Price. 4.4.2 Utilities Not Indicated - If an underground utility is uncovered or revealed at or contiguous to the Work site which was not indicated in the Contract Documents and which the CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall identify the owner of such underground utility and give written notice thereof to that owner and notify the ENGINEER in accordance with the requirements of the General Conditions and General Requirements hereof. 4.4.3 Action Prior to Starting Work - At least 2 full working days prior to commencing any excavation, CONTRACTOR shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. 4.4.4 Locate Utilities — CONTRACTOR shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. Full compensation for such work shall be considered as included in the CONTRACTOR's bid price. 4.4.6 Protection of Utilities — CONTRACTOR shall not interrupt the service function or disturb the support of any utility, without authority from the OWNER or order from the utility owner. CONTRACTOR shall maintain all valves, switches, vaults, and meters readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans, unless otherwise provided, CONTRACTOR shall furnish and place the necessary protection at CONTRACTOR's sole expense. 4.4.6 Notification Requirements If Utility Disturbed — CONTRACTOR shall immediately notify the ENGINEER and utility owner if any utility is disturbed or damaged and pay the costs of repair or replacement of any utility damaged by the CONTRACTOR. No additional payment for those costs will be made by OWNER. 4.4.7 Removal of Abandoned Utilities - Unless otherwise specified, CONTRACTOR shall remove all interfering portions of utilities shown on the Plans or indicated in the Contract Documents as "abandoned". Before starting removal operations, CONTRACTOR shall ascertain from the utility owner whether the abandonment is complete. The costs involved in the removal and disposal shall be included in the price for the item of work necessitating such removals. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700- 13 4.4.8 Relocation of Utilities a. When the Plans or Specifications provide for the CONTRACTOR to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the bid. b. Temporary or permanent relocation or alteration of utilities requested by the CONTRACTOR for its convenience shall be its responsibility, and the CONTRACTOR shall make all arrangements and bear all costs in connection therewith. C. If, after award of the Contract, portions of utilities not indicated in the Contract Documents are found to interfere with the Work may be relocated, altered or reconstructed by the utility owner, or the ENGINEER may order changes in the Work to avoid such interference. Such changes will be paid for in accordance with Article 10. 4.4.9 Delays a. CONTRACTOR shall promptly notify in writing the utility owner and the ENGINEER, no later than three (3) calendar days after discovery, of CONTRACTOR's construction schedule and any subsequent changes in the construction schedule which will affect the time available for protection, removal or relocation of utilities. b. CONTRACTOR is not entitled to damages or additional payment from OWNER for delays attributable to utility relocations or alterations if correctly located, as noted in the Contract Documents. C. At no cost to the OWNER, the CONTRACTOR may be given a "no cost" extension of time for unforeseen delays attributable to unreasonably protracted interferences by others in the relocations of utilities. 4.4.10 Access to the Work - When necessary, CONTRACTOR shall conduct operations to permit access to the Work site and provide time for utility work to be accomplished during normal work hours during the progress of the Work. 4.5 REFERENCE POINTS 4.5.1 Bench Mark - The ENGINEER will provide one bench mark near or on the site of the Work, and will provide two points near or on the site to establish a base line for use by the CONTRACTOR for alignment control. Unless otherwise specified in the General Requirements, the CONTRACTOR shall furnish all other lines, grades, and bench marks required for proper execution of the Work. 4.5.2 Protection of Bench Marks — CONTRACTOR shall preserve all bench marks, stakes, and other survey marks and, in case of their removal or destruction by any one, accurately replace such reference points by personnel qualified under Division 3, Chapter 15 of the California Business and Professions Code. Notify the ENGINEER whenever a reference point is lost, destroyed, or requires relocation. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700- 14 4.6 ASBESTOS, PCB'S, PETROLEUM, HAZARDOUS WASTE OR RADIOACTIVE MATERIAL 4.6.1 OWNER Responsibility - The OWNER shall be responsible for any hazardous material which includes Hazardous Substances and Hazardous Waste uncovered or revealed at the site which was not identified in the Contract Documents to be within the scope of the work. The OWNER shall not be responsible for any such materials brought to the site by the CONTRACTOR, Subcontractors, Suppliers or anyone else for whom the CONTRACTOR is responsible. 4.6.2 CONTRACTOR's Responsibility - When such hazardous materials are encountered, CONTRACTOR shall immediately stop all Work in connection with such hazardous materials in any area affected thereby (except in an emergency as required by Article 6), and notify the OWNER in writing. The OWNER shall promptly evaluate such hazardous materials and take corrective action. The CONTRACTOR shall not be required to resume Work in any such affected area until after the OWNER has delivered to the CONTRACTOR written notice specifying that such condition and any affected area has been rendered safe for the resumption of Work, or specifying any special conditions under which such Work may be resumed safely. 4.6.3 Dispute - If after receipt of such written notice CONTRACTOR does not agree to resume work based on a reasonable belief it is unsafe, or does not agree to resume work under such special conditions, then OWNER may order such portion of the Work that is in connection with such hazardous materials or in such affected area to be deleted from the Work. The OWNER may have such deleted portion of the Work performed by the OWNER's own forces or others in accordance with Article 7. If the OWNER and the CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Time as a result or work stoppage or of deleting such portion of the Work, then either party may make a claim as provided in Article 16. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700- 15 ARTICLE 5 -BONDS AND INSURANCE 5.1 PERFORMANCE, PAYMENT AND OTHER BONDS 5.1.1 CONTRACTOR shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of CONTRACTOR's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Article 13, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other bonds as are required by the Contract Documents. 5.1.2 All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. 5.1.3 If the surety on any bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Article 5.1.2, CONTRACTOR shall promptly notify OWNER and ENGINEER and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Article 5.1 and 5.2. 5.2 LICENSED SURETIES AND INSURERS 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. 5.3 CERTIFICATES OF INSURANCE 5.3.1 CONTRACTOR shall deliver to OWNER, with copies to each additional insured identi- fied 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. 5.3.2 OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary 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. 5.3.3 CONTRACTOR shall provide evidence of its insurance coverage on the ACORD certificate of insurance form and shall include the following statement in its entirety in the section of the form entitled "Description of Operations/LocationsNehicies/Special Items". The City of San Juan Capistrano and its Design Engineer, and their officers, directors, partners, employees and other consultants and subcontractors are named as additional insureds with CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-16 respect to the insured's Commercial General Liability and Automobile Liability Insurance Policies. All insurers waive all rights of subrogation against The City of San Juan Capistrano and its Design ENGINEER, their officers, directors, partners, employees and other consultants and subcontractors. All insurance is primary for all claims covered thereby. Commercial General Liability Insurance includes contractual liability coverage. 5.4 CONTRACTOR'S LIABILITY INSURANCE 5.4.1 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 per- formed 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, which include but are not limited to: A. claims under workers' compensation, disability benefits, and other similar employee benefit acts; B. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; C. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; D. claims for damages insured by reasonably available personal injury liability coverage which are sustained: 1. by any person as a result of an offense directly or indirectly related to the em- ployment of such person by CONTRACTOR, or 2. by any other person for any other reason; E. 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 F. 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. 5.4.2 The policies of insurance required by this Article 5.4 shall: A. with respect to the insurance required by Article 5.4.1.0 through 5.4.1.E inclusive provide primary coverage for all claims covered thereby. With respect to insurance required by Article 5.4.1.F include as additional insured OWNER and ENGINEER, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds; B. 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; CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700- 17 C. include completed operations insurance; D. include contractual liability insurance covering CONTRACTOR's indemnity obligations under Article 6; E. contain a provision or endorsement that the coverage afforded will not be canceled, 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 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 Article 5.3 will so provide); F. remain in effect at least until final payment hereunder and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective Work in accordance with Article 13; and G. 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. a. 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. H. CONTRACTOR may purchase and maintain excess liability insurance in the umbrella form in order to satisfy the minimum amounts required for the insurance to be purchased and maintained in accordance with Article 5.4. Evidence of such excess liability insurance shall be delivered to OWNER in accordance with the form of a certificate indicating the policy numbers and minimum coverage amounts of all underlying insurance. The umbrella liability insurance shall have a combined single limit of not less than $2,000,000. 1. All polices required by this Article 5.4 shall contain provisions to the effect that the insurer(s) waive all right of subrogation against the OWNER, ENGINEER and their officers, directors, partners, employees and other consultants and subcontractors of each and any of them. J. Deductibles or self-insured retentions shall not exceed $1,000,000 for any of the policies required under Article 5.4. The risk of loss within such deductible or self-insured retention shall by the responsibility of the CONTRACTOR. 5.5 OWNER'S LIABILITY INSURANCE 5.5.1 CONTRACTOR shall purchase and maintain a separate OWNER's Protective Liability policy, issued to OWNER at the expense of CONTRACTOR, including OWNER and ENGINEER as named insureds. This insurance shall provide coverage for not less than the following amounts: a. Obtain and maintain a commercial general liability policy in an amount of not less than $2,000,000, naming the Rancho Madrina, Estates at San Juan Capistrano, and San Juan Hills Estates as an additional insured. For all purposes pertaining to this agreement, CONTRACTOR'S commercial general liability policy shall be the primary policy and OWNER'S liability policy shall be secondary. Such policy shall CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-18 be provided by CONTRACTOR to OWNER prior to CONTRACTOR commencement of work and services pursuant to this agreement. 5.5.2 All polices required by this Article 5.5 shall contain provisions to the effect that the insurer(s) waive all rights of subrogation against the OWNER, ENGINEER and their officers, directors, partners, employees and other consultants and subcontractors of each and any of them. 5.6 ACCEPTANCE OF BONDS AND INSURANCE; OPTION TO REPLACE If OWNER has any objection to the coverage afforded by or other provisions of the insurance policies required to be purchased and maintained by CONTRACTOR in accordance with this Article 5 on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with Article 2. CONTRACTOR shall provide such additional information in respect of insurance provided by CONTRACTOR as OWNER may reasonably request. 5.7 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 Article 14, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Article 5 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorse- ment 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. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700- 19 ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6.1 RESPONSIBILITY OF CONTRACTOR TO PERFORM Unless otherwise specified in the Contract Documents, CONTRACTOR shall furnish and assume full responsibility for providing all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up, and completion of the Work. Such support that may need to be provided after normal working hours shall be provided by the CONTRACTOR at its sole expense. 6.2 MATERIAL AND EQUIPMENT All materials and equipment to be incorporated into the Work 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 the OWNER. If required by the ENGINEER, furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer and/or supplier except as otherwise provided in the Contract Documents; but no provisions of any such instructions will be effective to assign to the ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work. 6.3 SUPERVISION, SUPERINTENDENCE AND QUALITY CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention 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 and safety precautions and programs incidental thereto. Be responsible to see that the completed Work complies accurately with the Contract Documents. It shall also be solely responsible for the quality of the Work. 6.4 SUPERINTENDENT 6.4.1 . Written Designation of Superintendent — CONTRACTOR shall designate in writing and keep on the work site at all times during the Work a technically qualified, English- speaking superintendent and an alternate who are employees of the CONTRACTOR and who will not be replaced without immediate written notice to the ENGINEER. The superintendent shall be the CONTRACTOR's representative at the site and shall have authority to act on behalf of the CONTRACTOR. All communications given to the superintendent shall be as binding as if given to the CONTRACTOR. CONTRACTOR shall issue all its communications to the ENGINEER. 6.4.2 Superintendent's Presence at Site - The CONTRACTOR's superintendent or alternate shall be present at the site of the Work at all times while Work is being performed, and shall be available by phone for emergencies 24 hours per day, 7 days per week. Failure to observe this requirement shall be considered suspension of the CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-20 Work by the CONTRACTOR until such time as the superintendent is again present at the site. 6.4.3 Removal of Superintendent - Upon written notice the OWNER may require replacement of the CONTRACTOR's superintendent for cause or if deemed detrimental to the project, in which case the CONTRACTOR shall submit a replacement superintendent subject to approval by the OWNER, at no increase in Contract Price or Contract Time. 6.5 LABOR CONTRACTOR shall provide competent, suitably qualified personnel to surrey and lay out the Work and perform construction as required by the Contract Documents. It shall immediately remove from the Work any person employed, who is found to be incompetent, intemperate, troublesome, disorderly or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, and do not re-employ that person on the Work. CONTRACTOR shall furnish, erect, maintain, and remove the construction plant and any.temporary works as may be required. It shall also at all times maintain good discipline and order at the site, and do not permit the use or consumption of controlled substances or alcoholic beverages at the site. 6.5.1 No Additional Compensation for Overtime - Except.as otherwise provided in this Article, the CONTRACTOR shall receive no additional compensation for overtime Work (i.e., work in excess of 8 hours in any one calendar day or 40 hours in any one calendar week), even though such overtime Work may be required under emergency conditions and may be ordered by the ENGINEER in writing. OWNER will pay additional compensation to the CONTRACTOR for overtime Work only in the event extra Work is ordered by the ENGINEER, and the Change Order specifically authorizes the use of overtime Work and then only to such extent as overtime wages are regularly being paid by the CONTRACTOR for overtime Work of a similar nature in the same locality. 6.5.2 Approval Required to Work Outside Normal Work Hours - Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, CONTRACTOR shall perform all Work at the site during regular working hours, and do not permit overtime work or the performance of work on Saturday, Sunday, or any holiday observed by the OWNER, without the OWNER's written consent. It shall apply for this consent through the ENGINEER. The ENGINEER shall approve working on holidays, weekends, or overtime, at no additional cost to the OWNER if such work was requested by the CONTRACTOR. CONTRACTOR shall reimburse the OWNER for all costs to provide inspection services required to monitor the holiday, weekend or overtime work. The OWNER shall charge its direct hourly cost plus the OWNER's overhead cost to CONTRACTOR, and a deductive change order will be written and CONTRACTOR shall sign it to cover this cost. 6.6 PROGRESS SCHEDULE CONTRACTOR shall adhere to the progress schedule established in accordance with the General Requirements as it may be adjusted from time to time as provided below: 6.6.1 Non-Impacting Adjustments — CONTRACTOR shall submit to the ENGINEER for acceptance proposed adjustments in the progress schedule that will not change the CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-21 Contract Times (or Milestones). Such adjustments shall conform generally to the progress schedule then in effect and additionally shall comply with any provisions of the General Requirements applicable thereto. 6.6.2 Revisions to Milestones — CONTRACTOR shall submit proposed revisions in the progress schedule that will change the Contract Times (or Milestones) 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 of the General Conditions. 6.7 SUBSTITUTES OR "OR APPROVED EQUAL" ITEMS CONTRACTOR shall submit proposed substitutes of "or approved equal" items in accordance with the General Conditions or Supplementary General Conditions. 6.7.1 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, such Specification or description is intended to establish the type, function and, quality required. Whenever one or more manufacturers of an item of material or equipment is mentioned in the technical specifications, add the words "or approved equal' after the listed manufacturers or suppliers will permit CONTRACTOR to furnish an equal substitute item. If the manufacturer's name is followed by words reading "no approved equal or substitute products will be accepted" or similar wording, no equal or substitute product may be used. Unless the Specification or description contains or is followed by words reading that no like, equivalent or "approved equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by the OWNER under the following circumstances: A. "Approved Equal": If in the OWNER's sole discretion an item of material or equipment proposed by CONTRACTOR is equivalent to or better than the product named in the specifications and form, function, performance, reliability, quality, features, materials of the construction, operation and maintenance cost, static and dynamic loads, general dimensional configuration, size, weight, and appearance to that named and sufficiently similar so that no change in related work will be required, it may be considered by OWNER as an "approvedequal" item In such case the review and approval of the proposed item may, in OWNER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. B. Substitute Items: If in OWNER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "approved equal" item prior to award of the Contract, then the OWNER may, at its sole option, consider the item as a proposed substitute item. The parties acknowledge that the substitute is not "an equal" and, as a result, if the OWNER accepts a substitute, then a deductive Change Order may be necessary. CONTRACTOR shall submit sufficient information as provided below to allow OWNER to determine that the item of material or equipment is essentially equivalent to that named and an acceptable substitute. The procedure for review by OWNER shall include the following as OWNER may determine is appropriate under the circumstances. A request for review of proposed substitute items of material or equipment will not be accepted by CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-22 OWNER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to the OWNER for acceptance thereof, certifying that the substitute 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 shall state; 1) the extent, if any, to which the evaluation and acceptance of the substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time; 2) whether or not acceptance of the substitute for use in the work will require change in any of the Contract Documents to adapt the design to the substitute and; 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. All variations of the substitute from that specified shall be identified in the application together with available maintenance, repair and replacement service indicated. The application shall also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign as well as the claims of other CONTRACTORs affected by the resulting change, all of which will be considered by OWNER in evaluating the substitute. OWNER may require CONTRACTOR to furnish such additional data about the substitute as it deems necessary and appropriate. C. CONTRACTOR's expense: All data to be provided by CONTRACTOR in support of any proposed "approved equal" or substitute item shall be at CONTRACTOR's sole expense. 6.7.2 OWNER shall be allowed a reasonable time within which to evaluate each submittal made pursuant to Paragraphs 6.7.1A, 6.7.1 B, and 6.7.1 C. The OWNER shall be the sole judge of acceptability. No "approved equal" shall be ordered, installed or utilized without OWNER's prior written acceptance which will be evidenced by a Change Order or a reviewed and approved Shop Drawing. No substitute shall be ordered, installed, or utilized without OWNER's prior written acceptance, which will be evidenced by a Change Order. OWNER may require CONTRACTOR to furnish at CONTRACTOR's sole expense a special performance guarantee or other surety with respect to any "approved equal" or substitute. ENGINEER will record the time required by ENGINEER and/or other consultants in evaluating substitutes submitted by CONTRACTOR in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project). Whether or not OWNER accepts a substitute item submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for charges of ENGINEER and/or consultants for evaluating each proposed substitute item. 6.7.3 Submittal by CONTRACTOR to provide an "approved equal" shall be made to OWNER ten (10) days prior to Contract award. Submittal by CONTRACTOR to provide a substitute shall be made to OWNER within fifteen (15) days after the date of bid opening. Further, CONTRACTOR agrees that these submittals create a risk that the materials or equipment may not meet the specified functional and performance requirements and create a risk associated with potentially unproven products. Risk arises due to unknown evaluation results relating to reliability and durability, and responsiveness and support capability of supplier. Limited time is available to review and accept an "approved equal" or substitute during construction as compared to time available during design. CONTRACTOR agrees, therefore, that acceptance of an "approved equal" or substitute does not relieve CONTRACTOR from the responsibility CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-23 for meeting specified functional and performance requirements. CONTRACTOR shall pay all costs necessary to ensure the "approved equal" or substitute meets specified functional and performance requirements and will operate trouble free. 6.8 PROJECT SITE COORDINATION 6.8.1 Work by Others — CONTRACTOR shall be responsible for ascertaining the nature and extent of any simultaneous, collateral and essential work by others as described in the General Requirements. 6.8.2 Coordination of Work - The OWNER, the CONTRACTOR, their respective workers, CONTRACTORs, and others shall cooperate to minimize interference. 6.8.3 Cost of Coordination — CONTRACTOR shall include in its Bid all costs involved as a result of coordinating its Work with others. The CONTRACTOR shall not be entitled to additional compensation from the OWNER for damages resulting from such simultaneous, collateral and essential Work. The CONTRACTOR's sole and exclusive remedy for damages caused by another CONTRACTOR shall be a direct action against such CONTRACTOR. If necessary to avoid or minimize such damage, or delay, CONTRACTOR shall re-deploy its work force to other parts of the Work. 6.8.4 Origination to Provide Access — CONTRACTOR shall give to each other CONTRACTOR and each utility owner (or the OWNER, if the OWNER is performing the additional work with the OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the performance of such Work. CONTRACTOR shall properly connect and coordinate the others' work with CONTRACTOR's work. 6.8.5 Obligation to Fit — CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be required to make its several parts come together properly and integrate with such other Work performed by others. 6.8.6 Obligation to Protect Property — CONTRACTOR shall not interfere with or endanger any work of others by butting, excavating, or otherwise altering their work and shall only cut or alter the work of others with the written consent of the ENGINEER and the others whose work will be affected. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-24 6.9 COORDINATION WITH SUBCONTRACTORS AND SUPPLIERS 6.9.1 Obligation to Supervise and Manage CONTRACTOR Organization — CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of subcontractors, suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all subcontractors, suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through the CONTRACTOR. All Work performed by a subcontractor or supplier shall be pursuant to an appropriate written - 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. 6.9.2 No Contractual Relationship With Owner - Subcontractors and Suppliers have no contractual relationship with OWNER. Nothing contained in this Article shall create any contractual relationship between any subcontractor or supplier and the OWNER. Nor shall it relieve the CONTRACTOR of any liability or obligation under the Contract Documents. The CONTRACTOR shall include these General Conditions and the Supplementary General Conditions as a part of all agreements with its Subcontractors and Suppliers. 6.9.3 Subcontract Limitations - In addition to the provisions of Paragraph 6.9 of the General Conditions, the CONTRACTOR shall perform not less than 20 percent of the Work with its own forces (i.e., without subcontracting). The 20 percent requirement shall be understood to refer to Work, the value of which totals not less than 20 percent of the Contract Price. 6.10 PATENT FEES AND ROYALTIES 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 the OWNER, 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 the OWNER in the Contract Documents. 6.11 PERMITS Unless otherwise provided in the Supplementary General Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses from the agencies having jurisdiction, including the furnishing of insurance and bonds if required by such agencies. The enforcement of such requirements shall not be made the basis for claims for additional compensation. The OWNER shall assist the CONTRACTOR, only when necessary, in obtaining such permits and licenses. The CONTRACTOR shall pay all governmental charges and inspection fees necessary for the Work. The CONTRACTOR shall pay all charges of utility owners for connections to the Work. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-25 r 6.11.1 NPDES PERMITS - CONTRACTOR and its subcontractors shall comply with all Laws and Regulations and obtain such permits, licenses, and certificates required by all federal, state and local governmental authorities including but not limited to the national pollutant discharge elimination system (NPDES) permit issued to the City of San Juan Capistrano and any other NPDES permit to which CONTRACTOR's operations are subject. CONTRACTOR shall conduct all aspects of its operation so as to prevent all non-storm water discharges from entering the storm drain system and watercourses and to utilize applicable Best Management Practices to reduce the discharge of pollutants into the storm water to the maximum extent practicable. Discharges into the sanitary sewer system are prohibited unless CONTRACTOR first obtains a permit from the appropriate governmental agency for such discharge. CONTRACTOR shall include all costs related to compliance in its bid and no additional payment will be made for it. The CONTRACTOR shall implement the Best Management Practices (BMP) for water pollution control in conjunction with all its activities and construction practices related to this Work as outline in OWNER'S standard BMP's in Appendix A. 6.12 LAWS AND REGULATIONS CONTRACTOR shall observe and comply with all Laws and Regulations, which in any manner affect those engaged or employed on the Work, the materials used in the Work, or the conduct of the Work. If any discrepancy or inconsistency should be discovered in the Contract Documents in relation to any Law or Regulation immediately report the same in writing to the ENGINEER. All work required hereunder shall be done in full compliance with all applicable Laws and Regulations. Unless otherwise noted, the CONTRACTOR shall obtain all permits required by federal, state, county, or local governmental entities and shall pay all required fees therefor. Bidders shall possess the appropriate licenses at the time the bid is submitted. Each bidder shall record, on the bid, the number and termination dates of all necessary licenses. A valid state license, sufficient to qualify as the prime CONTRACTOR, is a pre-requisite for award of the Contract. Necessary City licenses may be secured after the bids are opened, but must be obtained prior to execution of the Contract. 6.13 TAXES CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. The City of San Juan Capistrano is not exempt from sales tax. Also, CONTRACTOR shall cooperate with the City of San Juan Capistrano in all matters relating to taxation and collection of taxes, particularly with respect to the self-accrual of use tax. Additional information regarding self-accrual is available from the City of San Juan Capistrano on request. 6.14 USE OF PREMISES CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the site, the land and areas identified in and permitted by the CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-26 Contract Documents, and the other land and areas permitted by Laws and Regulations, rights- of-way, permits, and easements as approved by the ENGINEER. Also, it shall assume the full financial responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. If any claim made against the OWNER by any such other owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim through arbitration or litigation. CONTRACTOR shall indemnify and hold harmless the City of San Juan Capistrano from any such claims by third parties. 6.15 PROJECT SITE MAINTENANCE AND INTERFERENCE WITH ADJACENT PROPERTY 6.15.1 Cost of General Requirements in Contract Price—CONTRACTOR shall comply with the General Requirements. All costs associated with this compliance shall be included in the bid price. 6.15.2 Vehicle Load Limits - When materials are transported in doing the Work, CONTRACTOR shall not load vehicles beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by Law or Regulation. When it is necessary to cross curbs, sidewalks, or drainage facilities, it shall protect them from damage. 6.15.3 Work Outside the Work Site Area- Despite the designation of a work site area or the indication of temporary fences or barricades, the provisions of the Contract Documents governing certain portions of the Work may require that certain operations be carried out beyond the work area. In those cases, trenching, utility work, site development, landscaping, shall be scheduled so as to create a minimum of inconvenience or disturbance to or interference with the normal operation of the abutting property owners and the public. CONTRACTOR shall obtain the ENGINEER's prior approval and all necessary approvals from other agencies, public entities, and abutting property owners for such operations. It shall perform such operations expeditiously and restore all premises affected to their original condition immediately upon completion of such operations, unless otherwise specified in the Contract Documents. All existing walks, roadways, paved or landscaped areas on which temporary driveways or walks are rerouted shall be restored to their original condition, immediately upon completion of those phases of the Work, unless otherwise specified in the Contract Documents. 6.15.4 Responsibilities for Damage - All damage, injury or loss to any person(s) or property caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable shall be restored by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the negligent acts or omissions of OWNER) at its sole cost. CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and the OWNER has issued a notice to the CONTRACTOR in accordance with Article 14 that the Work is complete. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-27 6.16 CONTRACTOR'S DAILY REPORTS CONTRACTOR shall complete a daily report indicating total manpower for each construction trade, major equipment on site, each Subcontractor's manpower, weather conditions, and any other items required by the ENGINEER; complete the daily report on forms provided by the ENGINEER, and submit them to the ENGINEER by 9:00 AM the following workday. The report must comment on the daily progress and status of the Work within each major component of the Work. These components will be determined by the ENGINEER. Submitting acceptable daily reports as required is a precondition to approval of the monthly progress payment. However, these reports shall under no circumstances be used to meet the notice requirements contained elsewhere in the General Conditions. 6.17 SAFETY 6.17.1 Safety Plan — CONTRACTOR shall comply with General Requirements provided by the ENGINEER. It shall submit a written safety plan to the ENGINEER prior to commencement of any work on site. Also, CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. 6.17.2 Safety Laws and Regulations — CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss and shall erect and maintain all necessary safeguards for such safety and protection. It shall notify owners of adjacent property and of underground facilities and utilities when performance of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. 6.17.3 Safety Representative — 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. 6.17.4 Safety Orders — CONTRACTOR shall have at the Work site, as applicable, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders, and General Industry Safety Orders issued by the State Division of Industrial Safety. 6.17.5 Trench Shoring Plan - Before excavating any trench 5 feet or more in depth, CONTRACTOR shall submit to the OWNER a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared and signed-by a California registered civil ENGINEER. No excavation shall start until the ENGINEER has accepted the plan and the CONTRACTOR has obtained a permit from the State Division of Industrial Safety. CONTRACTOR shall submit a copy of the permit to the ENGINEER and post it at the site. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-28 6.17.6 Use of Explosives - Explosives may be used only when authorized in writing by the ENGINEER, or as otherwise stated in the Specifications. CONTRACTOR, its employees, agents, and subcontractors shall handle, use, and store explosive in accordance with all Laws and Regulations. The ENGINEER's approval of the use of explosives shall not relieve the CONTRACTOR from liability for claims caused by blasting operations. 6.17.7 Hazardous Materials Communication Program a. CONTRACTOR shall notify employees when materials that contain Hazardous Substances or mixtures are used on the Work. It shall request a Materials Safety Data Sheet as described in Section 5194 of Title 8 of the California Code of Regulations from the manufacturer of any hazardous product used. b. Use of hazardous materials shall be accomplished with strict adherence to California Division of Industrial Safety requirements and compliance with all manufacturer's warnings and instructions listed on the Material Safety Data Sheet and on the product container label. C. 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, with copies to the ENGINEER. d. Unsafe Products. CONTRACTOR shall notify the ENGINEER if it considers a specified or required product or its intended usage to be unsafe prior to the product being ordered, or if provided by some other party, prior to the product being used or incorporated in the Work. 6.17.8 Safety Reporting a. CONTRACTOR shall prepare Weekly First Aid Logs and deliver this log to the ENGINEER within 3 days after the weekly reporting period. b. CONTRACTOR shall prepare Accident and Injury Reports and deliver this report to the ENGINEER within 24 hours after the injury or accident. 6.17.9 ENGINEER Safety Deficiency Report— CONTRACTOR shall respond to this report within two working days after notification explaining its corrective action and proposed schedule for this action. 6.18 EMERGENCY In emergencies affecting the safety or protection of persons of the Work or property at or adjacent to the site, CONTRACTOR, without special instruction or authorization from the ENGINEER, shall do what is within its power to prevent threatened damage, injury or loss. It shall give the ENGINEER prompt written notice if the CONTRACTOR believes that any significant changes in the Work have resulted because of the action taken in response to an emergency. If it is determined by the OWNER that a change is required, a change shall be authorized by Change Order. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-29 6.19 SHOP DRAWINGS AND SAMPLES 6.19.1 Shop Drawings - After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to the ENGINEER for review all shop drawings in accordance with the accepted schedule of Shop Drawings submittals specified in the General Requirements. 6.19.2 Samples — CONTRACTOR shall submit to the ENGINEER for review all samples in accordance with the accepted schedule of sample submittals specified in the General Requirements. 6.19.3 Verify Field Measurements - Before submittal of each shop drawing or sample, CONTRACTOR shall determine and verify all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar data and review or coordinate each shop drawing or sample with other shop drawings and samples and with the requirements of the Work and the Contract Documents. 6.20 SUBMITTAL ACCEPTANCE 6.20.1 ENGINEER Review Scope and Limitation - The ENGINEER will review and approve acceptable Shop Drawings and Samples. The 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. The 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. Make corrections required by the ENGINEER and return the required number of corrected copies of shop drawings and submit as required new samples for review and approval. Direct specific attention in writing to revisions other than the corrections called for by the ENGINEER on previous submittals. 6.20.2 CONTRACTOR's Responsibility Not Relieved by Approval - The ENGINEER's review and approval of shop drawings or samples shall not relieve the CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless the CONTRACTOR has in writing called the ENGINEER's attention to each such variation at the time of submission and the 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 the ENGINEER relieve the CONTRACTOR from responsibility for complying with the requirements of Article 6. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-30 6.21 COMPLIANCE WITH ENGINEER ADMINISTRATIVE PROCEDURES CONTRACTOR shall comply with ail administrative procedures required by the OWNER including but not limited to daily reports, Requests for Proposal, safety reporting, notice requirements, payment procedures, submittal processing, attendance at weekly and special meetings, and others designated by the ENGINEER. 6.22 CONTINUING THE WORK DURING DISPUTES 6.22.1 Continue Work — CONTRACTOR shall perform the Work and adhere to the progress schedule during all disputes or disagreements with the OWNER. CONTRACTOR shall not delay or postpone Work pending resolution of any disputes or disagreements, except as the CONTRACTOR and the OWNER may otherwise agree in writing. 6.22.2 Direction To Proceed With Work - If the CONTRACTOR and the OWNER are unable to reach agreement on disputed work, the OWNER may direct the CONTRACTOR to proceed with the Work. Payment therefore shall be as later determined by Article 16. 6.23 GENERAL WARRANTY AND GUARANTEE Provide warranties and guarantees in accordance with Article 13. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-31 ARTICLE 7 -WORK BY OTHERS AT THE SITE 7.1 OWNER'S RIGHT TO WORK AT SITE The OWNER may perform other work related to the Project at the site with the OWNER's own forces, have other work performed by utility owners, or award direct contracts which may contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to the CONTRACTOR prior to starting any such other work. 7.2 CONTRACTOR REPORT ON DELAYS CAUSED BY OTHERS If the proper performance or results of any part of the CONTRACTOR's Work depends upon the work of any such other CONTRACTOR or utility owner, CONTRACTOR shall promptly inspect and report to the ENGINEER in writing any apparent delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for such proper performance and results. The CONTRACTOR's failure to report such delays, defects, or deficiencies in writing before commencement of the affected work shall constitute its acceptance of the other work as "fit and proper" for integration with the CONTRACTOR's Work except for latent defects and deficiencies in the other work. 7.3 DAMAGE TO OTHERS CAUSED BY CONTRACTOR If the CONTRACTOR causes damage to the work, property, or person of any other CONTRACTOR utilized by the OWNER, or if any claim arising out of the CONTRACTOR's performance of the Work is made against the CONTRACTOR by any other CONTRACTOR, the OWNER, or any other person, CONTRACTOR shall promptly attempt to settle and resolve the dispute. 7.4 COORDINATION 7.4.1 Coordination Responsibilities - The CONTRACTOR's responsibilities to coordinate construction activities are in accordance with those found in Article 6 and in the described Supplementary General Conditions if applicable. 7.4.2 Coordination Delays - If CONTRACTOR is delayed by the OWNER and such delay could not reasonably have been foreseen and prevented by the CONTRACTOR, the ENGINEER will determine the extent of the delay, the effect of the delay on the Work as a whole, and any commensurate extension of time. The ENGINEER shall arrange meetings with other CONTRACTORs performing work on behalf of the OWNER to plan coordination of construction activities. Any difference or conflict arising between the CONTRACTOR and any other CONTRACTOR employed by the OWNER shall be submitted to the ENGINEER for a decision in the matter. CONTRACTOR shall comply with all reasonable directions from the ENGINEER whose decision on coordination matters shall be final. 7.5 REMEDY FOR DELAYS BY OTHERS By executing a contract with the OWNER, the CONTRACTOR acknowledges that there may be other contractors on the site whose work must be coordinated with that of CONTRACTOR's own Work. The CONTRACTOR expressly warrants and agrees that it will cooperate with other CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-32 contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors or the OWNER. The CONTRACTOR also expressly agrees that, in the event CONTRACTOR's Work is hindered, delayed, interfered with or otherwise affected by a separate contractor, CONTRACTOR's sole remedy will be a direct action against the separate contractor. The CONTRACTOR shall have no remedy, and hereby expressly waives any claim or remedy, against the OWNER on account of delay, hindrance, interference or other event caused by a separate contractor. 7.6 OUT OF SEQUENCE OR ACCELERATED WORK When work is performed out of sequence and ahead of interfacing work, CONTRACTOR shall make reasonable attempts to minimize damage or loss to the Work which may be caused by others during the performance of their work, including but not limited to furnishing prompt written notice to the ENGINEER and to the other contractors that work has been performed out of sequence and ahead of interfacing work. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-33 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.1 PRESENCE ON SITE The ENGINEER will be on-site periodically during construction to observe the progress, quantity, and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The ENGINEER will make periodic on-site inspections to check the quality or quantity of the Work. The ENGINEER will not supervise, direct, or have control over the CONTRACTOR's work. 9.2 CONTRACT DOCUMENT CLARIFICATIONS AND INTERPRETATIONS The ENGINEER shall issue, with reasonable promptness, such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as the ENGINEER may determine necessary and which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. Such written clarifications and interpretations will be binding on the CONTRACTOR. If the CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Time and the parties are unable to agree to the amount or extent, the CONTRACTOR may request an adjustment in the Contract Price or an extension of the Contract Time as provided in Article 11 and Article 12 hereof. 9.3 AUTHORIZED VARIATIONS IN WORK The ENGINEER may authorize minor variations in the Work (not resulting in changes to the Contract Price or Contract Time), which are consistent with the intent of the Contract Documents. These may be accomplished by a Field Order. If the CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time, the CONTRACTOR may request an adjustment in the Contract Price or an extension of the Contract Time as provided in Article 11 or Article 12. If the CONTRACTOR proceeds with the Work without making such a request or providing notice it shall be presumed that CONTRACTOR agrees with the ENGINEER' determination that no changes in price or time are involved, and shall be deemed to have waived any right to request an adjustment in Contract Time or Contract Price. 9.4 DECISIONS ON DISPUTES The 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 interpretation of the provisions of the Contract Documents pertaining to the performance of the Work, and those claims with respect to changes in the Contract Price or Contract Time will be referred initially to the ENGINEER. The process to be followed is described in Article 16. 9.5 ENGINEER LIABILITY FOR INTERPRETATION The rendering of a decision by the ENGINEER pursuant to Article 9 will be a condition precedent to any exercise by the CONTRACTOR of such rights or remedies as it may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant to Article 16. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-34 9.6 LIMITATION ON ENGINEER'S RESPONSIBILITIES 9.6.1 No Duty Arising Out of Act or Decision - Neither the ENGINEER's authority to act under this Article 9 or other provisions of the Contract Documents, nor any decision made by the ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of the OWNER or ENGINEER to the CONTRACTOR, any subcontractor, any supplier, any surety for any of them, or any other person or organization performing any of the Work. 9.6.2 No Supervision Role - The ENGINEER shall not supervise, direct, control, or have authority over, or be responsible for the CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of the CONTRACTOR to comply with Laws and Regulations, applicable to the performance of the Work. The ENGINEER shall not be responsible for the CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 9.6.3 Contractor Acts or Omissions - The ENGINEER is not responsible for the acts or omissions of the CONTRACTOR nor of any subcontractor, supplier, or any other person or organization performing any of the Work. CITY OF SAN JUAN CAPISTRANO . GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-35 ARTICLE 10 -CHANGES IN THE WORK 10.1 CHANGES REQUESTED BY THE CONTRACTOR 10.1.1 Engineer Approval - Changes in the Plans and Specifications, requested in writing by the CONTRACTOR, which do not materially affect the Work and which are not detrimental to the Work or to the interests of OWNER, may be granted without additional compensation to facilitate the Work, when approved in writing by the ENGINEER. If the method will result in a cost saving, a deductive Change Order shall be executed. 10.1.2 Specified Methods - Changes in specified methods of construction may be made at the CONTRACTOR's request when approved in writing by the ENGINEER. If the method will result in a cost saving, a deductive Change Order shall be executed. 10.1.3 No Right to Change - Nothing herein shall be construed as granting a right to the CONTRACTOR to demand OWNER's acceptance of such changes. 10.1.4 Request for Change Made in Good Faith - The request for a Change Order shall be made in good faith, and the amount requested shall accurately reflect appropriate adjustments in Contract Price or Contract Time which the CONTRACTOR believes is due, and which cover all direct, supplemental, indirect, consequential, serial and cumulative costs and delays to which the CONTRACTOR is entitled as a result of the change. 10.2 OWNER'S RIGHT TO MODIFY WORK 10.2.1 Requirement to Implement Directed Change - Without invalidating the Contract and without notice to any surety, the OWNER may at any time or from time to time, order additions, deletions, or revisions in the Work by a written Change Order issued by the OWNER. On receipt of the Change Order, the CONTRACTOR shall promptly proceed with the work involved. 10.2.2 Request for Proposal - When the OWNER desires a change in the Work, it shall issue a Request for Proposal to the CONTRACTOR. The CONTRACTOR shall respond accordingly within the time indicated in the Request. 10.3 REQUIREMENT TO PROCEED WITH WORK If the OWNER and CONTRACTOR agree on the value of any work and the amount of Contract Time to be allowed for that work, the CONTRACTOR shall proceed as directed by the OWNER so as to minimize the impact on and delays to the Work pending the issuance of a Change Order. If however, the OWNER and the CONTRACTOR are unable to agree as to the extent of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, then OWNER can direct the CONTRACTOR to proceed on the basis of a price for the Work as determined by the ENGINEER or on a Time and Materials basis, so as to minimize the impact on and delays to the Work, in accordance with Article 11. The CONTRACTOR shall then proceed with the Work. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-36 10.4 WORK NOT IN CONTRACT The CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented by Change Order, except in the case of an emergency and except in the case of uncovering work as provided in Article 13. 10.5 CHANGE ORDER PROCESS The OWNER and the CONTRACTOR shall execute appropriate Change Orders covering: 10.5.1 Owner-Ordered Changes - Changes in the Work which are ordered by the OWNER pursuant to Article 10; 10.5.2 Changes Due to Defective Work - Changes required because of acceptance of defective work under Article 13; 10.5.3 Mutually Agreed Price/Time Changes - Changes in the Contract Price or Contract Time which are agreed to by the parties. 10.6 NOTICE TO SURETY If notice of any change is required by the provisions of any Bond to be given to a surety, the giving of any such notice shall be the CONTRACTOR's responsibility, and the amount of each applicable Bond shall be adjusted accordingly. 10.7 ALLOWABLE QUANTITY VARIATIONS In the event of an increase or decrease in the quantity of a unit price item in the 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 in the Contract Documents,. Adjustments to the unit price may be made for quantity changes which result in an increase or decrease in excess of ten (10) percent variation. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-37 ARTICLE 11 - CHANGE OF CONTRACT PRICE 11.1 CONTRACT PRICE CHANGE The Contract Price may only be changed by a written Change Order. 11.2 METHODS FOR DETERMINING ADJUSTMENTS IN CONTRACT PRICE 11.2.1 Methods - The methods to be used to determine an adjustment in Contract Price necessitated by changes ordered or negotiated pursuant to these General Conditions or Work covered by a Request for Proposal are limited to the following: 1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved; or 2. By mutual acceptance of a lump sum, which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.2.2; or 3. On the basis of the cost of work (determined as provided in Paragraphs 11.3) plus overhead and profit (determined as provided in Paragraph 11.2.2). 11.2.2 Contractor's Overhead and Profit Limitation - For all negotiated Change Orders the allowance for overhead and profit shall include full compensation for superintendence, insurance premiums, taxes, field office expense, extended overhead, home office overhead, and all other items of expense or cost not included in the cost of labor, materials, or equipment provided for in this Article. The allowance for overhead and profit shall not exceed the following schedule: Overhead Profit Labor = 10 percent 10 percent Materials = 10 percent 5 percent Equipment = 10 percent 5 percent 11.2.3 Subcontractor Mark Up - It is understood that labor, materials, and equipment may be furnished by the CONTRACTOR or by a 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 performing subcontractor's total cost which includes the allowances for overhead and profit may be applied one time only. 11.2.4 Equipment Rental Rates — Rental equipment required specifically for the Additional Work. Whenever possible, changed work will be accomplished using equipment available on-site or owned by the CONTRACTOR. If no on-site equipment can be used and a specific piece of equipment must be rented to be used exclusively for the CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-38 changed work, the rental rate that will apply will be the rate shown on the supplier's invoice. 11.3 COST OF WORK (BASED ON TIME AND MATERIALS) 11.3.1 General - The term "cost of work" means the sum of all costs necessarily incurred and paid by the CONTRACTOR for labor, materials, and equipment in the proper performance of extra 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 work and shall include only the following items and shall not include any of the excluded costs itemized in this Article. 11.3.2 Labor- The costs of labor shall be the actual cost substantiated by certified payroll for prevailing wages for each craft or type of workers performing the extra work at the time the extra work is done, plus employer's payments of payroll taxes, workers' compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Laws and Regulations, as well as assessments or benefits required by lawful collective bargaining agreements. Labor costs for equipment operators and helpers shall be paid only when such costs are not included in the invoice for equipment rental. The labor costs for foremen shall be proportioned to all of their assigned work and only that applicable to extra work shall be paid. Non-direct labor costs including the superintendent, project manager, and other labor identified in Section 11.3.8.a shall be considered part of the overhead mark up identified in this Article. 11.3.3 Materials - The cost of materials shall be itemized at invoice or lowest current price at which materials are locally available and delivered to the Work site in the quantities involved, plus the cost of sales tax, freight, delivery and storage. a. 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. b. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to the price paid to the actual supplier as determined by the ENGINEER. C. 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. d. If, in the opinion of the ENGINEER, the cost of materials 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 total quantity delivered to the Work site less trade discount. e. The OWNER reserves the right to furnish materials for the extra work and no claim shall be allowed to the CONTRACTOR for costs and profit on such materials. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-39 11.3.4 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 item 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 publication specified in the Supplementary General Conditions, an equitable rental rate for the equipment shall be established by the ENGINEER. The CONTRACTOR may furnish cost data which might assist the ENGINEER in the establishment of the rental rate. a. 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. b. 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 and the scheduled work activities planned. C. 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. 11.3.5 Rental Equipment a. The rental time to be paid for equipment on the Work site 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. b. Rental time is not allowed while equipment is inoperative due to breakdowns. C. Computation Method — Use the following method in computing the rental time of equipment on the Work site: 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 in excess of 30 minutes will be considered one hour of operation. 2. When daily rates are listed, any operation for less than 4 hours shall be considered to be 1/2-day of operation. 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 below. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-40 3. If the required equipment can only be rented for a minimum time period and the equipment is used for less than such minimum period, the minimum rental period shall be used. 11.3.6 Owned-Equipment - For equipment owned by the CONTRACTOR, the CONTRACTOR shall be entitled to costs based on CONTRACTOR's normal accounting practices, but in no event shall those costs exceed the rates listed in the cost guide titled, "Construction Equipment ownership and Operating Expense Schedule - Region VII" published by the U.S. Army Corps of Engineers, in effect on the date for commencement of the Contract Time. The owned-equipment hourly rate plus the estimated operation cost per hour from the cost guide will be the basis for determining owned-equipment costs. For shift work, the equipment rate shall not exceed the hourly costs for second or third shifts in the cost guide. 11.3.7 Special Services - 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. a. When the ENGINEER and the CONTRACTOR determine that a special service is required which cannot be performed by the forces of the CONTRACTOR or those of any of its Subcontractors, the special service may be performed by an entity especially skilled in such Work. Invoices for special services based upon the current fair market value thereof may be accepted without complete itemization of labor, material, and equipment rental costs, after validation of market values by the ENGINEER. b. All invoices for special services shall 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 this Article, an allowance of 15 percent may be added to invoices for special services. 11.3.8 Excluded Costs - The term "cost of the work" shall not include any of the following costs: a. Overhead Costs - Payroll costs and other compensation of CONTRACTOR's officers, executives, principals, general manager, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal office, a branch office or .material yard and ship for general administration of the Work or not specifically covered by this Article all of which are to be considered administrative costs covered by the CONTRACTOR's allowance for overhead and profit. b. Office Expense- Expenses of CONTRACTOR's principal and branch offices. C, Capital Expenses - Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. d. Premiums - Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-41 e. Negligence - Costs due to 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, including but not limited to the correction of defective work, disposal of materials or equipment wrongly supplied, and making good any damage to property. f. Other - Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in this Article. g. Small Tools - Cost of small tools valued at less than $500 and that remain the property of the CONTRACTOR. h. Administrative Costs - Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of claims. i. Anticipated Lost Profits - Expenses of the CONTRACTOR associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings or unpaid retainage. j. Home Office Overhead - Costs derived from the computation of a "home office overhead" rate by application of the Eichleay, Allegheny, Burden Fluctuation, or other similar methods. k. Special Consultants and Attorneys - Costs of special consultants or attorneys, whether or not in the direct employ of the CONTRACTOR, employed for services specifically related to the resolution of a claim, dispute, or other matter relating to the acceptability of the Work. 11.3.9 Contractor's Extra Work Report - In order to be paid for extra work based on time and materials, the CONTRACTOR must submit a daily Extra Work Report on a form provided by the ENGINEER. The form must be completely filled out based on the provisions of this Article and signed by the CONTRACTOR and OWNER at the end of each work day. Failure to complete the form and obtain appropriate signatures by the next working day after the Work was completed will result in CONTRACTOR's costs for extra work being disallowed until such form is completed and agreed to by the ENGINEER. Delay in submitting the form beyond seven (7) days will result in the OWNER's records becoming the official record for payment purposes. 11.4 COSTS RELATING TO WEATHER DAMAGE The CONTRACTOR shall have no claims against the OWNER for damages for any injury to work, materials, or equipment resulting from the weather. If, however, in the opinion of the ENGINEER, the CONTRACTOR has made all reasonable efforts to protect the materials, equipment, and work, then the CONTRACTOR may be granted a reasonable extension of Contract Time to make proper repairs, renewals, and replacements of the Work, materials, or equipment in accordance with Article 12. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-42 11.5 WRITTEN JUSTIFICATION SUBSTANTIATING ADJUSTMENT 11.5.1 Contractor Initiated Change - Any request by the CONTRACTOR for a change in the Contract Price shall be based on written notice delivered by the CONTRACTOR to the ENGINEER promptly (but in no event later than 7 days) after the start of the occurrence or the event giving rise to the request for adjustment, and stating the general nature of the request. 11.5.2 Cost and Time Notice Requirements Notice of the amount of the request for adjustment in cost and/or time with supporting data shall be delivered within 14 days after such start of occurrence (unless the ENGINEER allows an additional period of time to ascertain more accurate data in support of the request). 11.5.3 Proposal Form - The CONTRACTOR's proposal shall be on forms acceptable to the ENGINEER. The CONTRACTOR's proposal shall certify in writing that the amounts cover all direct, supplemental, indirect, consequential and cumulative costs and delays, as applicable, and that those costs and delays would be or were necessarily incurred, despite the, CONTRACTOR's reasonable and diligent efforts to mitigate them. Mitigation efforts undertaken by the CONTRACTOR should be described. 11.5.4 Proposal Content - Where the change in Contract Price is to be determined on the basis of the "cost of the work involved", the CONTRACTOR's itemized estimates shall detail all applicable elements of cost, including but not limited to, labor man-hours and payroll costs, quantities, crew mixes, production rates, material costs, Subcontractor and Supplier costs, equipment costs, and supplemental costs. Where the change in Contract Price arises from changes in the schedule of all or part of the Work, or where a change in Contract Time is sought, the submittal shall include the analysis required by Article 12. With respect to work during other than normal hours, the labor charges associated with such work shall consist of straight time wages and burden plus the appropriate overtime or shift premium with no additional burden (i.e., fringe benefits) on the premium portion. 11.5.5 Additions and Deletions - The submittal shall cover all aspects of the Work involved, whether relating to deleted, added, revised, or impacted items of work. Amounts for Subcontractors or Suppliers at any tier shall be similarly supported. 11.5.6 Requirements for Valid Proposal - No submittal for an adjustment in Contract Price or Contract Time shall be valid unless submitted in accordance with this Article. 11.5.7 Obligation of Surety - 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 when requested. 11.5.8 Documentation - The CONTRACTOR shall comply with the ENGINEER's documentation requirements regarding format and level of detail for the Change Order process. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-43 11.6 OWNER RIGHT TO DIRECT USE OF COMPETITIVE BID The OWNER reserves the right to direct the CONTRACTOR to solicit competitive bids for additional work. If required by OWNER, the CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of the ENGINEER, which bids will be accepted. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-44 ARTICLE 12 -CHANGE OF CONTRACT TIME 12.1 GENERAL 12.1.1 Contractor Request for Time Extension - The Contract Time may only be changed by a Change Order. Any request by the CONTRACTOR for an extension of the Contract Time (or Milestones) shall be based on written notice delivered by the CONTRACTOR to the ENGINEER promptly (but in no event later than 7 days) after the occurrence of the event giving rise to the request and stating the general nature of the request, unless otherwise noted. Notice of the extent of the request with supporting data shall be delivered within 14 days after such occurrence (unless the ENGINEER allows an additional period of time to ascertain more accurate data in support of the request) and shall be accompanied by the CONTRACTOR's written statement that the adjustment requested is the entire time adjustment to which the CONTRACTOR has reason to believe it is entitled as a result of the occurrence of said event. An extension in Contract Time does not mean that the CONTRACTOR is due an increase in Contract Price. 12.1.2 Contractor Required Analysis - An extension in Contract Time will not be granted unless the CONTRACTOR can demonstrate through an analysis of the Critical Path Method Progress Schedule that the increases in the time to perform or complete the Work, or specified part of the Work, beyond the corresponding Contract Time(s) arise from unforeseeable causes beyond the control and without the fault or negligence of both the CONTRACTOR and the Subcontractors, Suppliers or other third parties, and that such causes in fact lead to performance or completion of the Work, or specified part in question, beyond the corresponding Contract Time, despite the CONTRACTOR's reasonable and diligent actions to guard against those effects. 12.1.3 Owner's Right to Grant Time Extension - The OWNER may elect, at its sole discretion, to grant an extension in Contract Time, without the CONTRACTOR's request, because of delays or other factors. 12.2 TIME IS OF THE ESSENCE With regard to all Contract Milestones and all time limits stated in the Contract Documents, "time is of the essence." 12.3.1 Use of Float and Critical Path - Use of float is in accordance with the General Requirements. 12.3.2 Types of Delays Beyond the Contractor 's and Owner's Control - Delays beyond the control of CONTRACTOR shall include, but not be limited to acts or neglect by OWNER, acts or neglect of utility owners, fires, floods, epidemics, inclement weather conditions, labor slowdowns and strikes, or acts of God. The CONTRACTOR must provide to the ENGINEER written notice of the potential delay within 24 hours after the occurrence. 12.3.3 Subcontractor Delays Within Contractor Control - Delays attributable to and within the control of Subcontractors or Suppliers shall be deemed to be delays within the control of CONTRACTOR. No time extension will be allowed for such delays. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-45 12.4 TIME ONLY ENTITLEMENT 12.4.1 Entitlement - Where CONTRACTOR is prevented from completing any part of the Work within the Contract Time (or Milestones) due to delay to a "critical path" activity beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Time (or Milestones) in an amount equal to the time lost on the critical path of the Project due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. 12.4.2 No Damages - In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any third party, or to any surety, or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR, or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, inclement weather conditions, acts of God or acts or neglect by utility owners or other CONTRACTORs performing other work as contemplated by Article 7. CONTRACTOR must provide to the ENGINEER written notice of the potential delay within 24 hours after the occurrence. 12.5 EXTENSIONS OF TIME FOR DELAY DUE TO WEATHER An inclement weather delay is defined as a delay caused by inclement weather which prevents the CONTRACTOR from working on the critical path item in the CONTRACTOR's construction schedule. Should the CONTRACTOR experience inclement weather delays over the course of Contract duration, the CONTRACTOR shall be granted a time extension in accordance with the provisions outlined in this Article. There will be no additional compensation for rain or any other weather delays. In such situations, the CONTRACTOR may be entitled to time extension and relief from liquidated damages, but no delay costs such as extended overhead, dewatering etc. The CONTRACTOR shall assume the risk for all such costs to be included in the Bid. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-46 ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 13.1 TESTS AND INSPECTIONS 13.1.1 Access to Work for Testing and Inspection - The OWNER, its consultants, sub- consultants, representatives and employees of the OWNER, independent testing laboratories and governmental agencies with jurisdictional interests shall have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access and advise them of CONTRACTOR's safety procedures and programs so that they may comply. 13.1.2 Cost of Inspection/Notice - The ENGINEER will make, or have made, such inspections and tests as the ENGINEER deems necessary to see that the Work is being accomplished in accordance with the requirements of the Contract Documents. Unless otherwise specified, the cost of such inspection and testing will be borne by the OWNER. In the event such inspections or tests reveal non-compliance with the requirements of the Contract Documents, the CONTRACTOR shall pay the cost of corrective measures deemed necessary by the ENGINEER, as well as the cost of subsequent re-inspection and re-testing. Neither observations by the ENGINEER nor inspections, tests, or approvals by others shall relieve the CONTRACTOR from the CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents. The CONTRACTOR shall give the ENGINEER timely notice as specified in the Technical Specification for all required on and off-site inspections, tests, or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. All inspections, tests, or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by entities acceptable to the ENGINEER. The ENGINEER shall provide for the services of an independent testing entity to perform inspections, tests, or approvals required by the Contract Documents unless otherwise specifically provided in the Contract Documents. 13.1.3 Right to Stop Work - The ENGINEER has the right to stop or suspend Work which is to be inspected or tested, or which will interfere with the inspection or testing activities, for a reasonable time and the CONTRACTOR shall have no right to additional money or time as a result of the work stoppage. 13.2 CONTRACTOR INSPECTION AND TESTING RESPONSIBILITY 13.2.1 Contractor Responsible — CONTRACTOR shall be responsible for performance of tests and inspections in accordance with the Technical Specifications. 13.2.2 Contractor Pay for Inspections Required by Laws or Regulations - If Laws or Regulations of any public body having jurisdiction require any work to specifically be inspected, tested, or approved, CONTRACTOR shall pay all such costs. 13.2.3 Contractor Pay for Testing Of "Or Approved. Equal" — CONTRACTOR shall be responsible for and pay all costs in connection with any inspection or testing required in CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-47 connection with the OWNER's acceptance of a Supplier of materials or equipment proposed as a substitution or "or approved equal" to be incorporated in the Work, or of materials or equipment submitted for review prior to the CONTRACTOR's purchase thereof for incorporation in the Work. 13.2.4 Testing/Inspection Time In Schedule — CONTRACTOR shall pay all related costs; schedule related activities at appropriate times; and secure and furnish for the ENGINEER the required certificates of inspection, testing or approval. Any associated cost and time required by the CONTRACTOR for inspections required under Section 13.2 shall be considered as having been included in the Contract Price and in the CONTRACTOR's schedule for the performance of the Work within the Contract Time. 13.3 COVERING WORK TO BE INSPECTED 13.3.1 Covered Work Prior to Inspection Or Testing - If any Work (including the work of others) that is to be inspected, tested, or approved is covered without written concurrence of the ENGINEER, CONTRACTOR shall uncover it when requested by the ENGINEER; pay all direct, indirect, and consequential costs and damages of such uncovering, unless the CONTRACTOR has given to the ENGINEER and governmental agencies timely notice of the CONTRACTOR's intention to cover the same and the ENGINEER has not acted with reasonable promptness in response to such notice. 13.3.2 Covered Work Contrary To Written Request - If any Work is covered contrary to the written request of the ENGINEER, CONTRACTOR shall uncover when requested by the ENGINEER, for the ENGINEER's observation and recovered and pay all direct, indirect, and consequential costs and damages of such uncovering. 13.3.3 Engineer Right to Direct That Work Be Uncovered for Inspection Or Testing a. If the ENGINEER considers it necessary or advisable that covered work be observed by the ENGINEER or inspected or tested by others, at the ENGINEER's request, CONTRACTOR shall uncover, expose, or otherwise make available for observation, inspection, or testing as the ENGINEER may require, that portion of the Work in question. CONTRACTOR shall furnish all necessary labor, material, and equipment necessary to do so. b. If it is found that such Work is defective, CONTRACTOR shall pay all direct, indirect, and consequential costs and damages of such uncovering, exposure, observation, inspection, testing, and of satisfactory reconstruction, including but not limited to fees and charges of ENGINEERs, architects, attorneys, and other professionals. However, if such Work is not found to be defective, the CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction based on the time and materials provisions as outlined in Article 11. 13.4 OWNER MAY STOP THE WORK If the ENGINEER determines that 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 CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-48 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. 13.5 CORRECTION OR REMOVAL OF DEFECTIVE WORK 13.5.1 Promptly after receipt of notice from the ENGINEER, 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). 13.5.2 When correcting defective Work under the terms of this Paragraph 13.5 or Paragraph 13.6, CONTRACTOR shall take no action that would void or otherwise impair OWNER's special warranty and guarantee, if any, on said Work. 13.6 CORRECTION PERIOD 13.6.1 If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed 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 Article 6 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 2. correct such defective Work; or 3. if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and 4. 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. 13.6.2 If CONTRACTOR does not promptly comply with the terms of OWNER's written instructions, or in an emergency where delay would cause serious risk of injury, loss or damage, OWNER may have the defective Work corrected of repaired or may have the rejected Work removed and replaced. 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) shall be paid by CONTRACTOR. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-49 13.6.3 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. 13.6.4 Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.6, 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 replacement has been satisfactorily complet- ed. 13.6.5 CONTRACTOR's obligations under this Paragraph 13.6 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.6 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.7 WARRANTY AND GUARANTEE 13.7.1 General - The CONTRACTOR warrants and guarantees to the OWNER that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of defects known to the OWNER shall be given to the CONTRACTOR. All defective work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article 13. Defective Work may be rejected even if approved by prior inspection. 13.7.2 One Year Warranty Period -The Warranty Period shall commence when the Notice of Completion or Certificate of Substantial Completion is issued, and, when Notice of Beneficial Occupancy, or Notice of Partial Utilization of the Work has been issued, and, Project start-up and operation has been established, whichever is later, or on a later date if so specified in the Contract, or mutually agreed to, and shall end one (1) year after that date or whatever longer period may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee or specific provision of the Contract Documents. 13.7.3 Correction of Defective Work- If, within the Warranty Period or such longer period as may be required by Laws or Regulations, the Work, or any part of the Work, is determined to be defective, CONTRACTOR shall promptly, without an adjustment in Contract Price and without any further payment by OWNER for the repair or replacement of the defective work, and in accordance with the OWNER's written instructions, either correct that defective work, or if it has been rejected by the OWNER, remove it from the site and replace it with non-defective work. If circumstances warrant it, including but not limited to in an emergency, the OWNER may have the defective work corrected or the rejected work removed and replaced. In that event, the CONTRACTOR shall not be allowed to recover any associated costs, and CONTRACTOR shall reimburse the OWNER for all direct, indirect and consequential costs of the OWNER, and the OWNER shall be entitled to a deductive Change Order, to withhold a set-off against amount recommended for payment, or make a claim on the CONTRACTOR's Performance Bond if the CONTRACTOR has been paid in full. Where defective work (and damage to other work resulting from it) has been corrected, removed or replaced during the warranty period, the one year warranty period with respect to such work shall be extended for an additional period of CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-50 one year after such correction or removal and replacement has been satisfactorily completed. 13.7.4 Early Completion - The one year warranty period shall not begin until all items under Section 13.7.2 have been established. If the CONTRACTOR completes the Work or portions thereof prior to this time, CONTRACTOR shall preserve the equipment by developing and implementing a preventive maintenance program in compliance with manufacturer's recommendations to maintain the equipment. At start-up, CONTRACTOR shall get early completed equipment ready to be put into service. The preventive maintenance program shall be performed by CONTRACTOR at no additional cost to the OWNER. 13.8 EXTENDED WARRANTIES AND GUARANTEES The OWNER may in its sole discretion extend the one year warranty period, in which case the CONTRACTOR shall maintain the warranties and guarantees. If such extension of the one year warranty period causes an increase in the cost of the warranties and guarantees provided by the CONTRACTOR, an adjustment in Contract Price shall be made as provided in Article 11. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-51 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 BASIS FOR PAYMENT The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.2 PAYMENT 14.2.1 Wasted Or Rejected Material - Payment shall not be made for materials wasted or disposed of in a manner not called for in the Contract Documents. This includes rejected material not unloaded from vehicles, material rejected after it has been placed and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess materials. 14.2.2 Contractor Retains Ownership - Payment shall not relieve the CONTRACTOR from its obligations under the Contract and such payment shall not be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the OWNER. Responsibility of ownership shall remain with the CONTRACTOR who shall be obligated to store, protect, repair, replace, rebuild or otherwise restore any fully or partially completed work or structure for which payment has been made or replace any materials or equipment required to be provided under the Contract Documents which may be damaged lost, stolen or otherwise degraded in any way prior to final acceptance of the Work. 14.2.3 Payment Does Not Affect Warranty - Guarantee and warranty periods shall not be affected by any payment but shall commence as described in Section 13.6. 14.2.4 Stop Notice - If, within the time fixed by law, a properly executed stop notice is filed with the OWNER, due to the CONTRACTOR's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the CONTRACTOR in accordance with Laws and Regulations. 14.3 APPLICATION FOR PROGRESS PAYMENT 14.3.1 Payment Due Date - Within seven days prior to the payment application date designated by the ENGINEER, CONTRACTOR shall submit to the ENGINEER for review an Application for Payment filled out and signed by the CONTRACTOR covering the Work completed as of the date of the application and accompanied by such supporting documentation as is required by the General Requirements. 14.3.2 Payment Application Content - The Application for Progress Payment shall identify, as a sub-total, the amount of the CONTRACTOR's Total Earnings to Date, plus the Value of Materials Stored at the Site which have not yet been incorporated in the Work, less a deductive adjustment for materials previously paid for by the OWNER. Payment for such material shall not be construed as acceptance of the material. 14.3.3 Net Payment - The net payment due to the CONTRACTOR shall be the above- mentioned subtotal from which shall be deducted retainage, the total amount of all CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-52 previous payments made to the CONTRACTOR, and amounts subject to stop notices or liquidated damages. 14.3.4 Retention - The amount of retainage with respect to progress payments will be 10%. 14.3.5 Retainage From Payments - The CONTRACTOR may elect to receive 100% of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the OWNER, by depositing securities of equivalent value with the OWNER in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the CONTRACTOR, shall be valued by the OWNER, whose decision on valuation of the securities shall be final. Securities eligible under this provision shall be limited to those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the CONTRACTOR and the OWNER. To receive full payment without retentions, CONTRACTOR shall fully comply with all of the provisions of the above referred Code sections. 14.3.6 Products Stored On and Off Site - Storage and payment for material supplies and equipment which will be incorporated into the Work shall be in accordance with the provisions of the General Requirements. 14.4 CONTRACTOR'S WARRANTY OF TITLE The CONTRACTOR warrants and guarantees that title to all work, materials, and equipment covered by an Application for Payment, whether incorporated in the Work or not, will pass to the OWNER at the time of final payment free and clear of all liens and encumbrances. 14.5 REVIEW OF APPLICATIONS FOR PROGRESS PAYMENT 14.5.1 Review of Application For Payment 14.5.1.1 The ENGINEER will, within 20 days after receipt of each Application for Payment, either approve payment of the Application, or return the Application to the CONTRACTOR indicating in writing reasons for refusing to approve payment. 14.5.1.2 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. elief: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 classifica- CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-53 tions for Unit Price Work, 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. 14.5.1.3 By recommending any such payment ENGINEER will not thereby be deemed to have represented that: a. 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 detailed inspections of the Work beyond the responsi- bilities specifically assigned to ENGINEER in the Contract Documents; or b. 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. 14.5.1.4 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: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for CONTRACTOR's failure to comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work, or d. to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any liens and encumbrances. 14.5.2 Dispute Process - In the case that the ENGINEER returns the Application for Payment to the CONTRACTOR indicating in writing reasons for refusing to approve payment, the CONTRACTOR may make the necessary corrections and resubmit the Application. If the OWNER still disagrees with a portion of the application, the undisputed portion of the Application will be paid to the CONTRACTOR and reasons provided for non- payment of the disputed amount. 14.5.3 Payment Due- Thirty (30) days after receipt of the Application for Payment the amount approved will become due and when due will be paid by the OWNER to the CONTRACTOR. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-54 14.6.4 Reduction in Payment — 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. there are other items entitling OWNER to a set-off against the amount recommended; or c. OWNER has actual knowledge of the occurrence of any of the events enumerated in Paragraph 14.6 or Paragraph 15.3. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER shall 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. 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 14.5.3. 14.6 REJECT PAYMENT FOR DEFECTIVE WORK The ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in the 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 Order, C. The OWNER has been required to correct defective work or complete work in accordance with Article 13. d. The OWNER has actual knowledge of the occurrence of any of the events enumerated in Article 15. 14.7 REJECTION OF PAYMENT BY OWNER The OWNER may refuse to make payment of the full amount because claims have been made against the OWNER because of the CONTRACTOR's performance of the Work or stop notices have been filed in connection with the Work or there are other items entitling the OWNER to a credit against the amount recommended. 14.8 SUBSTANTIAL COMPLETION 14.8.1 Contractor Notification - When the CONTRACTOR considers the Work ready for its intended use, it shall notify the ENGINEER in writing that the Work is substantially CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-55 complete. CONTRACTOR shall attach to such notice a list of all work items that remain to be completed. 14.8.2 Inspection - Within a reasonable time thereafter, the ENGINEER and the CONTRACTOR shall make an inspection of the Work to determine the status of completion. 14.8.3 Notice of No Substantial Completion - If the ENGINEER does not consider the Work substantially complete, or the list of remaining Work items to be comprehensive, the ENGINEER will so notify the CONTRACTOR in writing giving the reasons therefor. 14.8.4 Notice of Substantial Completion - If the ENGINEER considers the Work substantially complete, the ENGINEER will prepare a Notice of Substantial Completion. 14.8.5 Right to Exclude Contractor - The OWNER shall have the right to exclude the CONTRACTOR from the Work after the date of Substantial Completion, but the OWNER shall allow the CONTRACTOR reasonable access to complete or correct items on the list of remaining Work items, or for warranty Work. 14.9 PARTIAL UTILIZATION AND BENEFICIAL OCCUPANCY 14.9.1 Partial Utilization - The OWNER shall have the right to utilize or place into service any item of equipment or other usable portion of the Work which is substantially complete prior to completion of all of the Work. Whenever the OWNER plans to exercise said right, the CONTRACTOR will be notified in writing with a Notice of Partial Utilization signed by the OWNER identifying the specific portions of the Work to be so utilized or otherwise placed into service. 14.9.2 Beneficial Occupancy - The OWNER shall have the right to take control of the entire Work if it is substantially completed. Whenever the OWNER plans to exercise said right, it will notify the CONTRACTOR in writing with a Notice of Beneficial Occupancy. 14.9.3 Responsibility For Care and Maintenance - Until Notice of Beneficial Occupancy or Notice of Partial Utilization is issued or Project start-up begins, all responsibility for care and maintenance of all of the Work shall be the responsibility of the CONTRACTOR. Upon issuance of said written Notice of Beneficial Occupancy or Notice of Partial Utilization the OWNER will accept responsibility for the protection and maintenance of all such items or portions of the Work described in the written notice. 14.9.4 Contractor Responsible for Completion - The CONTRACTOR shall remain fully responsible to satisfactorily complete the Work, regardless of whether a portion thereof has been partially utilized by the OWNER. 14.10 FINAL INSPECTION Upon written notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete, the ENGINEER will make a final inspection with the CONTRACTOR and will notify the CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-56 14.11 FINAL APPLICATION FOR PAYMENT After the CONTRACTOR has completed all of the remaining Work items referred to in Article 14, removed all temporary structures and utilities, cleared the site, delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked-up record documents and other documents, all as required by the Contract Documents, the CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers satisfactory to the OWNER of all stop notices arising out of or filed in connection with the Work. If the CONTRACTOR has specific claims outstanding, restate these claims by stating the nature of the claim, the basis for entitlement and the estimated value of the claim. Specifically release the OWNER from any other claims not renewed. 14.12 FINAL PAYMENT AND ACCEPTANCE 14.12.1 Acceptance - If, on the basis of the ENGINEER's observation of the Work during construction and final inspection, and the ENGINEER's review of the final Application for Payment and accompanying documentation, all as required by the Contract Documents, the ENGINEER is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, the ENGINEER will, within 14 days after receipt of the final Application for Payment, authorize payment. 14.12.2 Final Payment - After acceptance of the Work by the OWNER, 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. 14.13 PARTIAL RELEASE OF RETENTION AT SUBSTANTIAL COMPLETION If, through no fault of the CONTRACTOR, final completion of the Work is significantly delayed, the OWNER shall, upon receipt of the CONTRACTOR's final Application for Payment and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by the OWNER for Work not fully completed or corrected is less that the retainage, the written 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 the CONTRACTOR to the 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. 14.14 WAIVER OF CLAIMS The making and acceptance of final payment constitutes a waiver of all claims by the OWNER against the CONTRACTOR, except claims arising from unreleased stop notices, from defective work appearing after final inspection pursuant to Article 14, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from any warranties or guarantees or from the CONTRACTOR's continuing obligations under the Contract Documents. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-57 14.15 RELEASE OF RETAINAGE AND OTHER DEDUCTIONS The OWNER will release to the CONTRACTOR in accordance with Laws and Regulations, the retainage funds withheld pursuant to the Contract, less any deductions to cover pending third party claims against the OWNER. 14.16 CONTRACTOR'S CONTINUING OBLIGATION The CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by the ENGINEER, nor the issuance of a Notice of Completion, nor any payment by the OWNER to the CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part it by the OWNER, nor any act of acceptance by the OWNER nor any failure to do so, nor any review of a Shop Drawing or sample submittal, constitutes an acceptance of work not in accordance with the Contract Documents or a release of the CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents. 14.17 TERMINATION OF LIABILITY OF OWNER The acceptance by the CONTRACTOR of the final payment referred to in Section 14.12 shall constitute a release of the OWNER, its officials, employees and agents from all claims of liability to the CONTRACTOR for anything done or furnished for, or relating to, the Work or for any act or neglect of the OWNER or of any person relating to or affecting the Work, except demands against the OWNER for the remainder, if any, of the amounts kept or retained under the provisions of Article 14 and excepting pending claims with the final Application for Payment. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-58 ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION 15.1 SUSPENSION OF WORK BY OWNER The OWNER may, at any time and without cause, suspend the Work or any portion of it for a period of not more than 90 days by notice in writing to the CONTRACTOR. The CONTRACTOR shall resume the Work on receipt from the ENGINEER of a Notice of Resumption of Work. The CONTRACTOR may submit a request for a change in the Contract Price or of the Contract Time, or both, directly attributable to the suspension as provided in Articles 11 and 12. 15.2 ARCHAEOLOGICAL AND PALEONTOLOGICAL DISCOVERIES 15.2.1 Suspension of Work - If a discovery is made of archaeological or paleontological interest, CONTRACTOR shall immediately cease operations in the area of the discovery and shall not continue until so ordered by the ENGINEER. This suspension of work may exceed the 90 day limit without creating a right of CONTRACTOR to terminate the Contract. When resumed, operations within the area of the discovery shall be as directed by the ENGINEER. 15.2.2 Types of Discoveries - Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, fossils or any item with cultural significance. 15.2.3 Time Extension - The CONTRACTOR shall be entitled to an extension of time and compensation in accordance with the provisions of the Contract Documents. 15.3 TERMINATION OF AGREEMENT BY OWNER FOR CAUSE 15.3.1 Notice of Intent To Terminate - In the event of default by the CONTRACTOR, the OWNER shall give 14 days written notice to the CONTRACTOR of OWNER's intent to terminate the Contract and provide to the CONTRACTOR an opportunity to remedy the conditions constituting the default within the time specified in the written notice. 15.3.2 Contractor Default - It shall be considered a default by the CONTRACTOR when CONTRACTOR: a. files a petition for bankruptcy, becomes insolvent, assigns its assets for the benefit of its creditors, or is unable to pay debts as they become due; b. fails to provide materials or workmanship meeting the requirements of the Contract Documents, and fails to correct the defective work as required by Articie 13; C. disregards or violates provisions of the Contract Documents or OWNER's supplemental instructions; d. fails to perform the Work according to the approved progress schedule; e. fails to provide a qualified superintendent, competent workmen, or materials or equipment meeting the requirements of the Contract Documents; CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-59 f. fails to meet Contract Milestones; g. disregards Laws or Regulations of any public agency having jurisdiction; or h. commits continuous or repeated serious violations of approved or legislated safety plan requirements. 15.3.3 Failure to Remedy - If the CONTRACTOR fails to remedy the conditions constituting default within the time specified in OWNER's written notice, the OWNER may then issue the Notice of Termination. 15.3.4 Owner's Rights - In the event the Contract is terminated in accordance with Article 15, the OWNER may take possession of the Work and may complete the Work by whatever method or means the OWNER may select. The cost of completing the Work shall be deducted from the balance which would have been due the CONTRACTOR had the Contract not been terminated and the Work completed in accordance with the Contract Documents. If such cost exceeds the balance which would have been due, the CONTRACTOR shall pay the excess amount to the OWNER. If such cost is less than the balance which would have been due, the CONTRACTOR shall not have claim to the difference. 15.4 RIGHTS OF OWNER PRESERVED Where the CONTRACTOR's services have been so terminated by the OWNER, the termination will not affect any rights or remedies of the OWNER against the CONTRACTOR then existing or which may thereafter accrue. Any retention of payment of moneys due to CONTRACTOR by the OWNER will not release the CONTRACTOR from liability. 15.5 TERMINATION OF AGREEMENT BY CONTRACTOR The CONTRACTOR may terminate the Contract by giving ten (10) days written notice to the OWNER whenever: 15.5.1 Work Suspended for More than 90 Days - The Work has been suspended under the provisions of Article 15 for more than 90 consecutive days through no fault or negligence of the CONTRACTOR, and notice to resume work or to terminate the Contract has not been received from the OWNER within this time period; or, 15.5.2 Failure To Pay - If OWNER fails to pay the CONTRACTOR any monies due to the CONTRACTOR in accordance with the terms of the Contract Documents within 40 days after presentation to the ENGINEER by the CONTRACTOR of a request therefor, unless within said 10-day period the OWNER shall have remedied the condition upon which the payment delay was based. 15.5.3 Claims - In the event of such termination, the CONTRACTOR shall have no claims against the OWNER except for those claims specifically enumerated in Article 15. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-60 ARTICLE 16 - DISPUTES 16.1 GENERAL All claims, counterclaims, disputes, and other matters in questions arising under, or relating to, the Contract Documents or the breach thereof shall be processed in accordance with the provisions of this Article and are subject to audit by the OWNER in accordance with Article 17. 16.2 REQUESTS FOR CHANGE 16.2.1 Contractor's Right To Request a Change - In accordance with Article 11 and Article 12, the CONTRACTOR may request a change in the Contract Price or an extension of the Contract Time. Such a request shall be in writing, and shall be delivered to the ENGINEER within the time periods specified in Article 11 and Article 12. 16.2.2 Initial Determination - The ENGINEER shall make an initial determination on the CONTRACTOR's request, in writing, within 30 days after receipt of the requested supporting data. 16.2.3 Contractor Appeal - If the CONTRACTOR disagrees with the ENGINEER's initial determination, the CONTRACTOR may request a final determination from the ENGINEER. Such a request shall be in writing, and shall be delivered within 30 days after receipt of the ENGINEER's initial determination. 16.2.4 Final Determination - The ENGINEER shall make a final written determination within 30 days after receipt of the CONTRACTOR's written request for a final determination. 16.2.5 Claim - If the CONTRACTOR disagrees with the ENGINEER's final determination, the CONTRACTOR may file a claim with the OWNER in accordance with the procedures outlined below. 16.2.6 Waiver of Rights - Failure of the CONTRACTOR to notify the ENGINEER and deliver supporting data in accordance with the time periods outlined in Article 11 and Article 12, or failure to respond to the ENGINEER's initial determination within the time period outlined in this Paragraph shall be deemed to be a waiver of objection or right to further claim of that matter. 16.3 CLAIMS 16.3.1 Definition of Claim - A claim means a written demand by the CONTRACTOR seeking an adjustment in Contract Price and payment of monies due; an extension or shortening in Contract Time; or relief arising under or relating to the Contract following denial of a request for change under Section 16.2. A written demand by the CONTRACTOR seeking the payment of money or an extension of time is not a claim under this Article until certified as required below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under this Article. 16.3.2 Claim Arising Under The Contract- Any claim that can be resolved under a provision in the Contract Documents that provides for or excludes the relief sought by the CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-61 claimant. Such claims shall be resolved under the applicable provisions of the Contract Documents. 16.3.3 Period of Claim - For any claim under this Article to be valid, it shall be based upon written notice delivered by the CONTRACTOR to the OWNER promptly, but in no event later than 30 days after receipt of the ENGINEER's final determination as outlined in Section 16.2. The responsibility to substantiate claims shall rest with the party making the claim. 16.3.4 Claim Certification Requirements - For CONTRACTOR's claims seeking an increase in Contract Price or Contract Time, the CONTRACTOR shall submit with the claim a declaration under penalty of perjury certifying that: a. Claim Made in Good Faith - The claim is made in good faith, and the amount claimed accurately reflects the adjustments in Contract Price or Contract Time which the CONTRACTOR believes is due, and covers all direct, supplemental, indirect, consequential, serial and cumulative costs and delays to which the CONTRACTOR is entitled as a result of the occurrence of the claimed event; b. Cost and Pricing Data - Supporting cost and pricing data are current, accurate, complete and represent the best of the CONTRACTOR's knowledge and belief; and, C. CONTRACTOR's Agent - If the CONTRACTOR is an individual, the declaration shall be executed by that individual; if the CONTRACTOR is not an individual, the declaration shall be executed by an authorized officer or general partner of the CONTRACTOR. 16.3.5 Progress Schedule Analysis - All claims for time shall be supported by an analysis of the CPM progress schedule detailing the impact of the claimed work on specific impacted schedule activities. 16.4 CLAIM RESOLUTION PROCESS 16.4.1 OWNER Written Determination - The ENGINEER shall make a written determination within 30 days after receipt of the CONTRACTOR's claim and supporting data. The ENGINEER's determination shall be final and binding on the CONTRACTOR unless within 30 days of the ENGINEER's written determination, CONTRACTOR gives a written request to the OWNER to have the claim submitted for binding arbitration or gives written notice to the OWNER of CONTRACTOR's intent to submit the Claim to a court of competent jurisdiction. 16.4.2 CONTRACTOR Obligation to Proceed - Pending final resolution of any claim, including litigation, the CONTRACTOR shall proceed diligently with performance of the Work, and comply with any direction of the OWNER. 16.5 VENUE 16.5.1 State of California - The CONTRACTOR, any Subcontractor, Supplier and any other person or organization performing any part of Work, by performing Work or supplying materials to the Project, shall submit to the jurisdiction of the courts of the State of CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-62 California, San Bernardino County, regardless of residence or domicile, with respect to any actions or suits at law or in equity arising under or related to the bidding, award or performance of the Work. 16.6.2 County Where OWNER's Headquarters Located - The CONTRACTOR, any Subcontractor, Supplier or any other person or entity shall not commence any action, other than in the County of Orange, State of California, against the OWNER, or any of its consultants, and any of their respective directors, officers, employees, representatives or agents, with regard to any matter whatsoever arising out of or relating to the validity, construction, or interpretation of the Contract. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-63 ARTICLE 17 - MISCELLANEOUS 17.1 CUMULATIVE REMEDIES The duties and obligations imposed by these General Conditions and the rights and remedies available to the parties, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon the CONTRACTOR by the General Conditions and all of the rights and remedies available to OWNER 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 Section shall 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. 17.2 TITLE TO MATERIALS FOUND ON SITE The OWNER reserves the right to retain title to all soils, stone, sand, gravel, and other materials developed and obtained from excavations and other operations connected with the Work. Unless otherwise specified in the Contract Documents, neither the CONTRACTOR nor any Subcontractor shall have any right, title, or interest in or to any such materials. The CONTRACTOR will be permitted to use in the Work without charge any such materials which meet the requirements of the Contract Documents. 17.3 RIGHT TO AUDIT 17.3.1 OWNER's Right - If the CONTRACTOR submits a claim or Change Order to the OWNER for additional compensation, the OWNER shall have the right, as a condition to considering the claim and as a basis for evaluation of the claim and until the claim has been settled, to audit the CONTRACTOR's books to the extent they are relevant. 17.3.2 Right Includes - The right to audit shall include the right to examine and photocopy books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which the claim has been submitted. 17.3.3 Right to Inspect Plans - The right to audit shall include the right to inspect the CONTRACTOR's plans as may be or have been utilized in the performance of the Work. 17.3.4 Extends to Subcontracts - The right to audit encompasses all subcontracts and is binding upon Subcontractors. The rights to examine and inspect shall be exercisable through such representatives as the OWNER deems desirable during normal business hours. 17.3.5 Accounting Records — The CONTRACTOR shall make available to the OWNER for auditing all relevant accounting records an documents and other financial data and, upon request, submit copies of requested records to the OWNER. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-64 17.4 NOT A LIMIT ON RIGHTS OR REMEDIES The duties, obligations, criteria or procedures imposed by these General Conditions and the rights and remedies made available 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. 17.5 LIQUIDATED DAMAGES OWNER and CONTRACTOR recognize that time is of the essence for this Work and that damage will be sustained by the OWNER if the Work is not completed within the time limit or extended time limit set forth in the Contract Documents. They also recognize the delays, expense, and difficulties involved in proving in a legal preceding the actual loss suffered by the OWNER if the Work is not completed on time. Accordingly, instead of requiring such proof, the OWNER and CONTRACTOR agree that, in the event the CONTRACTOR fails to complete the Work within the time limit set forth in the Contract Documents, the CONTRACTOR shall pay the OWNER liquidated damages as specified in the Construction Agreement (Saturdays, Sundays, and holidays included) until the Work is satisfactorily completed as provided by the Contract Documents, notwithstanding anything to the contrary in the Standard Specifications. END OF SECTION CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS RECYCLED WATER CONVERSION BID PACKAGE No. 2 PAGE 00700-65 SECTION 00800 SUPPLEMENTARY CONDITIONS AMENDMENTS TO STANDARD GENERAL CONDITIONS These Supplementary Conditions amend or supplement the "General Conditions" of the Contract (Section 00700) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES Add the following sub-sections to Article 6 of the General Conditions, Paragraph numbers as shown: 6.11.1(a) NPDES Permit. The City's Best Management Practices which the Contractor is to follow are included in Appendix A. END OF SECTION RECYCLED WATER CONVERSION BID PACKAGE NO. 1 (MARBELLA) SUPPLEMENTARY CONDITIONS PAGE 00800-1 APPENDIX A for CITY OF SAN JUAN CAPISTRANO RECYCLED WATER CONVERSION BID PACKAGE No. 2 CIP No. 13601 CITY OF SAN JUAN CAPISTRANO GENERAL NOTES FOR EROSION AND SEDIMENT CONTROL- BEST MANAGEMENT PRACTICES PER NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) IN CASE OF EMERGENCY, CALL: (RESPONSIBLE PERSON) AT (24-HOUR PHONE NUMBER). THE UNDERSIGNED CIVIL ENGINEER WILL SUPERVISE EROSION CONTROL WORK AND CERTIFY THAT THE SYSTEM FUNCTIONS PROPERLY AND IS IN ACCORDANCE WITH THE APPROVED PLANS. (SIGNATURE AND REGISTRATION NUMBER) (DATE) 1. THE DIRECTOR OF ENGINEERING &BUILDING, OR DESIGNEE, RESERVES THE RIGHT TO MAKE CHANGES OR MODIFICATIONS TO THIS PLAN AS DEEMED NECESSARY. 2. A STANDBY CREW FOR EMERGENCY WORK SHALL BE AVAILABLE AT ALL TIMES DURING THE RAINY SEASON. NECESSARY MATERIALS SHALL BE AVAILABLE ON SITE AND STOCKPILED AT CONVENIENT LOCATIONS TO FACILITATE RAPID INSTALLATION OF TEMPORARY DEVICES OR TO REPAIR ANY DAMAGED EROSION CONTROL MEASURES WHEN RAIN IS IMMINENT. 3. DEVICES SHALL NOT BE MOVED OR MODIFIED WITHOUT THE APPROVAL OF THE CITY ENGINEER/CITY ENGINEER OR, IN AN EMERGENCY, BY THE DESIGN CIVIL ENGINEER OR DESIGNEE. 4. ALL REMOVABLE PROTECTIVE DEVICES SHOWN SHALL BE IN PLACE AT THE END OF EACH WORKING DAY WHEN THE FIVE-DAY RAIN PROBABILITY FORECAST EXCEEDS 40 PERCENT. FORECASTS SHALL BE RECEIVED FROM BROADCASTS PROVIDED BY THE UNITED STATES WEATHER SERVICE. 5. AFTER A RAINSTORM, ALL SILT AND DEBRIS SHALL BE REMOVED FROM CHECK BERMS AND DESILTING BASINS AND THE BASINS PUMPED DRY. ANY GRADED SLOPE SURFACE PROTECTION MEASURES DAMAGED DURING A RAINSTORM SHALL ALSO BE IMMEDIATELY REPAIRED. FAILURE TO PROVIDE EFFECTIVE MAINTENANCE MAY RESULT IN PENALTIES. 6. GRADED AREAS AROUND THE TRACT PERIMETER, IF APPLICABLE, MUST DRAIN AWAY FROM THE FACE OF SLOPE AT THE CONCLUSION OF EACH WORKING DAY. 7. THE CONTRACTOR SHALL BE RESPONSIBLE AND SHALL TAKE NECESSARY PRECAUTIONS TO PREVENT PUBLIC TRESPASS ONTO AREAS . WHERE IMPOUNDED WATER CREATES A HAZARDOUS CONDITION. RECYCLED WATER CONVERSION BID PACKAGE NO.2 APPENDIX A PAGE 1 OF 7 CITY OF SAN JUAN CAPISTRANO GENERAL NOTES FOR EROSION AND SEDIMENT CONTROL- BEST MANAGEMENT PRACTICES PER NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 8. AREAS SHALL BE MAINTAINED IN SUCH STATE THAT FIRE ACCESS SHALL BE MAINTAINED AT ALL TIMES (INCLUDING ACCESS TO NEIGHBORING PROPERTIES). 9. FAILURE TO HAVE EROSION CONTROL MEASURES INSTALLED AT THE REQUIRED TIMES WILL RESULT IN FORFEITURE OF THE CLEAN-UP AND COMPLETION DEPOSIT. WORK SHALL NOT CONTINUE UNTIL THE DEPOSIT IS REPLENISHED. 10. PLANTING FOR SLOPE PROTECTION SHALL BE ACCOMPLISHED PRIOR TO ROUGH GRADE RELEASE UNLESS A WAIVER OF THIS REQUIREMENT HAS BEEN OBTAINED FROM THE CITY ENGINEER/CITY ENGINEER. 11. ALL LOT PADS SHALL BE DESIGNED TO DRAIN TO AN ACCEPTABLE LOCATION AT A'MINIMUM OF 1 PERCENT. 12. DEVICES SHALL BE PROPERLY MAINTAINED IN PLACE UNTIL PROJECT COMPLETION; TORN GRAVEL BAGS SHALL BE REPLACED. 13. BUILD-UP OF SILT AROUND ANY DESILTERS SHALL BE PERIODICALLY REMOVED TO THE SATISFACTION OF THE CITY INSPECTOR AND THE FIELD SUPERINTENDENT. THE CONTRACTOR SHALL ALSO BE RESPONSIBLE FOR TEMPORARY STORAGE OF EXISTING MANHOLE COVERS, IF APPLICABLE, UNTIL DESILTER USE OF MANHOLE IS COMPLETE. 14. A GUARD SHALL BE POSTED ON THE SITE WHENEVER THE DEPTH OF WATER IN ANY DEVICE EXCEEDS 18 INCHES. 15. AFTER A RAINSTORM, ALL SILT AND DEBRIS SHALL BE REMOVED FROM PUBLIC DRAINS OR PIPES, FROM DRAINS OR PIPES OF ADJACENT PROPERTIES, AND FROM ALL PUBLIC AND PRIVATE STREETS. 16. SUBSEQUENT RAINY SEASONS. FOR PROJECTS EXTENDING INTO SUBSEQUENT RAINY SEASONS, NEW TEMPORARY DRAINAGE AND EROSION CONTROL PLANS SHALL BE SUBMITTED. THESE PLANS SHALL COMPLY WITH ALL THE ABOVE MENTIONED REQUIREMENTS. 17. EROSION AND SEDIMENT CONTROL SHALL BE IN PLACE AND MAINTAINED DURING THE ENTIRE CONSTRUCTION PERIOD. 18. PROVIDE AT DOWNSTREAM CATCH BASINS A WAY TO CATCH DEBRIS FROM ENTERING CATCH BASIN AND PROVIDE PROTECTION AROUND IT DURING THE ENTIRE CONSTRUCTION PHASE (GRAVEL BAGS OR OTHER CITY APPROVED METHOD.) PROTECTION MUST . BE IN PLACE AND MAINTAINED DURING THE ENTIRE CONSTRUCTION PROCESS. RECYCLED WATER CONVERSION BID PACKAGE NO.2 APPENDIX A PAGE 2 OF 7 CITY OF SAN JUAN CAPISTRANO GENERAL NOTES FOR EROSION AND SEDIMENT CONTROL-BEST MANAGEMENT PRACTICES PER NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 19. PROVIDE PROTECTION DURING ENTIRE CONSTRUCTION PHASE AROUND ALL INLETS WHERE SOIL IS NOT STABILIZED YET WITH VEGETATION (GRAVEL BAGS OR OTHER CITY APPROVED METHOD.) 20. PROVIDE SEDIMENT TRAP AT OUTLET OF ALL PIPES, PRIOR TO ENTERING V-GUTTERS DURING ENTIRE CONSTRUCTION PHASE. RIP RAP MAY BE USED IF APPROPRIATE. 21. IF DEEMED NECESSARY BY CITY INSPECTOR, PROVIDE ADDITIONAL GRAVEL BAGS OR STRAW BALES ON-SITE, ESPECIALLY IN AREAS WITH STEEP SLOPES, TO SLOW WATER AND PROVIDE ADDITIONAL SEDIMENT CONTROL DURING ENTIRE CONSTRUCTION PHASE. 22. IF DEEMED NECESSARY BY CITY INSPECTOR, PROVIDE TWO ROW HIGH GRAVEL BAGS OR STRAW BALES ON THE SLOPE DOWNSIDE NEXT TO ANY PROPOSED SILT FENCES. 23. ALL DISTURBED SLOPES SHOULD BE STABILIZED IMMEDIATELY AFTER CONSTRUCTION (SUCH AS HYDRO SEEDING, OR OTHER APPROVED MEASURES). ALL INLETS SHOULD BE PROTECTED UNTIL VEGETATION IS AT LEAST 80% ESTABLISHED. 24. STABILIZED CONSTRUCTION ENTRANCES MUST BE SET UP PRIOR TO ANY GRADING OR EARTHWORK OPERATION. CONTRACTOR TO MAINTAIN ENTRANCE DURING CONSTRUCTION. 25. SAW CUTTING WATER RUNOFF: SAW CUTTING WATER RUNOFF CONTAINS POLLUTANTS THAT MUST BE CONTAINED AND DISPOSED OF PROPERLY. THE CONTRACTOR SHALL: PREVENT SAW CUT WATER RUNOFF FROM ENTERING CATCH BASINS, MANHOLES, AND STORM DRAINS. DIRECT WATER INTO A TEMPORARY PIT, AND DISPOSE OF THE WATER BY VACUUMING THE WATER INTO A TRUCK AND REMOVING THE WATER FROM THE SITE. PLACE DRIP PANS OR ABSORBENT MATERIALS UNDER SAW CUTTING EQUIPMENT WHEN NOT IN USE. CLEAN UP SPILLS WITH ABSORBENT MATERIALS RATHER THAN BURYING. DISPOSE OF ABSORBENT MATERIAL PROPERLY. RECYCLED WATER CONVERSION BID PACKAGE NO.2 APPENDIX A PAGE 3 OF 7 CITY OF SAN JUAN CAPISTRANO GENERAL NOTES FOR EROSION AND SEDIMENT CONTROL - BEST MANAGEMENT PRACTICES PER NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 26. CONCRETE AND MORTAR PRODUCTS: THE CONTRACTOR SHALL PREVENT OR REDUCE THE DISCHARGE OF POLLUTANTS INTO STORM WATER OR STORM WATER SYSTEMS FROM CONCRETE WASTE BY CONDUCTING WASHOUTS AT APPROPRIATE OFF-SITE LOCATIONS, PERFORMING ON-SITE WASHOUTS IN A DESIGNATED AREA, AND PROVIDING APPROPRIATE TRAINING FOR EMPLOYEES AND SUBCONTRACTORS. THE CONTRACTOR SHALL STORE AND MIX DRY AND WET MATERIALS EITHER OFF-SITE OR UNDER COVER, AWAY FROM DRAINAGE AREAS. FOR WASHOUT OF CONCRETE TRUCKS, THE CONTRACTOR SHALL PROVIDE APPROPRIATE OFF-SITE LOCATIONS OR DESIGNATED CONTAINED AREAS AT LEAST 50 FEET AWAY FROM STORM DRAINS, OPEN DITCHES, STREETS, OR STREAMS. THE CONTRACTOR SHALL PREVENT RUN-OFF FROM DESIGNATED WASHOUT AREAS BY CONSTRUCTING A TEMPORARY PIT OR BERMED AREA LARGE ENOUGH TO HANDLE ALL PRODUCED LIQUID AND SOLID WASTE. WHEN CONCRETE SETS, BREAK UP AND DISPOSE OF CONCRETE IN CONSTRUCTION FILLS PER DIRECTION OF THE SOILS ENGINEER OR DISPOSE OF IT AS SOLID WASTE AND/OR RECYCLE. THE CONTRACTOR SHALL INFORM CONCRETE SUPPLIERS AND SUBCONTRACTORS OF THE DESIGNATED WASHOUT LOCATIONS AND DISPOSAL SITES FOR CONCRETE AND MORTAR PRODUCTS AND SHALL BE RESPONSIBLE FOR ENSURING THAT ALL WORKERS USE IT APPROPRIATELY. 27. DURING CONSTRUCTION, CONTRACTOR MUST PROVIDE DAILY STREET SWEEPING. (SWEEP AT END OF EVERY DAY TO PICK-UP DIRT AND/OR DEBRIS.) 28. CONSTRUCTION WATER: THE CONTRACTOR SHALL REDUCE OR ELIMINATE EXCESSIVE CONSTRUCTION WATER THAT MAY CAUSE EROSION AND CARRY POLLUTANTS FROM THE SITE. IN ADDITION, THE CONTRACTOR SHALL: STORE CONSTRUCTION WATER IN LEAK-PROOF TANKS LOCATED AWAY FROM DRAINAGE SYSTEMS. USE CONSTRUCTION WATER CONSERVATIVELY. WHENEVER POSSIBLE, DISPOSE OF EXCESS WATER ON-SITE, BY RECYCLED WATER CONVERSION BID PACKAGE NO.2 APPENDIX A PAGE 4OF7 CITY OF SAN JUAN CAPISTRANO GENERAL NOTES FOR EROSION AND SEDIMENT CONTROL - BEST MANAGEMENT PRACTICES PER NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) ALLOWING IT TO SOAK INTO THE GROUND. 29. ASPHALT AND BITUMINOUS PRODUCTS: THE CONTRACTOR SHALL PREVENT OR REDUCE THE DISCHARGE OF POLLUTANTS FROM ASPHALT AND BITUMINOUS OPERATIONS BY PREVENTING RUN-ON AND RUN-OFF OF WATER DURING PAVING OPERATIONS AND PROVIDING APPROPRIATE TRAINING FOR EMPLOYEES AND SUBCONTRACTORS. IN ADDITION, THE CONTRACTOR SHALL: AVOID PRIME OR TACK COATING DURING WET WEATHER. STORE MATERIALS AWAY FROM DRAINAGE COURSES. COVER CATCH BASINS AND MANHOLES WHEN APPLYING SEAL COAT, TACK COAT, SLURRY SEAL, FOG SEAL, ETC. MAKE SURE SAND OR GRAVEL PLACED OVER NEW ASPHALT DOES NOT WASH INTO STORM DRAINS, STREETS, OR CREEKS. DISPOSE OF OLD ASPHALT PROPERLY AND COLLECT, AND REMOVE ALL BROKEN ASPHALT FROM THE SITE, AND RECYCLE WHENEVER POSSIBLE. DO NOT DISPOSE OF ASPHALT PRODUCTS INTO WATERWAYS. FOLLOW THE STORM WATER PERMITTING REQUIREMENTS FOR INDUSTRIAL ACTIVITIES IF PAVING INVOLVES AN ON-SITE MIXING PLANT. 30. HOUSEKEEPING/CLEANUP: THE CONTRACTOR SHALL PREVENT POLLUTION OF STORM WATER FROM CLEAN-UP AND DISPOSAL OPERATIONS BY USING GOOD HOUSEKEEPING METHODS. WHEN FLUIDS OR DRY MATERIALS SPILL, CLEAN-UP SHOULD BE IMMEDIATE, THOROUGH, AND ROUTINE. THE CONTRACTOR SHALL NEVER ATTEMPT TO "WASH THEM AWAY" WITH WATER OR BURY THEM. THE CONTRACTOR SHALL REPORT SIGNIFICANT SPILLS TO THE APPROPRIATE SPILL RESPONSE AGENCIES IMMEDIATELY. THE CONTRACTOR SHALL RECOGNIZE THAT DIFFERENT TYPES OF MATERIALS HAVE DIFFERENT DISPOSAL REQUIREMENTS AND FOLLOW APPROPRIATE PRACTICES. THE CONTRACTOR SHALL CONFINE NOW HAZARDOUS DEBRIS TO DUMPSTERS, COVERED AT NIGHT OR DURING WET WEATHER, AND TAKE THE DEBRIS TO A LANDFILL FOR RECYCLING OR DISPOSAL. THE CONTRACTOR SHALL HANDLE HAZARDOUS DEBRIS IN ACCORDANCE WITH SPECIFIC LAWS AND REGULATIONS AND DISPOSE OF THEM PROPERLY. A SEPARATE PERMIT MAY BE REQUIRED. COMMON HAZARDOUS DEBRIS FOUND ON CONSTRUCTION RECYCLED WATER CONVERSION BID PACKAGE NO.2 APPENDIX A PAGE 5OF7 CITY OF SAN JUAN CAPISTRANO GENERAL NOTES FOR EROSION AND SEDIMENT CONTROL- BEST MANAGEMENT PRACTICES PER NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) SITES ARE: LIQUID RESIDUES FROM PAINTS, THINNERS, SOLVENTS, GLUES, AND CLEANING FLUIDS; LEACHING AGENTS FROM LUMBER SUCH AS FORMALDEHYDE, ARSENIC, COPPER, CREOSOTE AND CHROMIUM; MOTOR OIL; GEAR OIL; ANTIFREEZE FLUIDS; BRAKE FLUIDS; ETC.; AND UNUSED PESTICIDES. 31. NPDES AND CLEAN WATER ACT OF 1990 COMPLIANCE. (ALL DEVELOPMENTS) THE APPLICANT SHALL SUBMIT TO THE CITY ENGINEER FOR REVIEW AND OBTAIN APPROVAL FOR A WATER QUALITY MANAGEMENT PLAN (WQMP)/EROSION CONTROL PLAN SPECIFICALLY IDENTIFYING STRUCTURAL AND NON-STRUCTURAL BEST MANAGEMENT PRACTICES (BMP'S) THAT WILL BE USED ON-SITE TO CONTROL PREDICTABLE POLLUTANT RUNOFF. 32. NPDES INDUSTRIAL PERMIT FOR GRADING IN EXCESS OF 1 ACRE. THE APPLICANT SHALL SUBMIT A NOTICE OF INTENT (NOI) TO THE CALIFORNIA STATE WATER RESOURCE CONTROL BOARD FOR COVERAGE UNDER THE STATE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM (NPDES) GENERAL PERMIT FOR STORM WATER DISCHARGES ASSOCIATED WITH DEVELOPMENT/CONSTRUCTION ACTIVITY IN EXCESS OF 1 ACRE OF LAND. EVIDENCE THAT THIS REQUIREMENT HAS BEEN MET SHALL BE SUBMITTED TO THE CITY ENGINEER. 33. THE CITY OF SAN JUAN CAPISTRANO, IN CONFORMANCE WITH THE CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT, IS DEDICATED TO THE ELIMINATION/REDUCTION OF WATER POLLUTION AS A RESULT OF CONSTRUCTION PROJECTS. THE CONTRACTOR SHALL COMPLY WITH THE ITEMS DESCRIBED IN THIS SECTION NECESSARY TO ELIMINATE/REDUCE WATER POLLUTION. SAID ITEMS ARE INTENDED TO PROVIDE PREVENTION, CONTROL, AND ABATEMENT OF WATER POLLUTION INTO STORM DRAIN SYSTEMS, STREAMS, AND ANY OTHER BODIES OF WATER AS A RESULT OF THE CONTRACTOR'S OPERATIONS. THESE ITEMS ARE SUPPLEMENTAL TO THOSE REQUIRED OF THE CONTRACTOR IN SECTION 7-8 "PROJECT SITE MAINTENANCE" OF THE "GREENBOOK". THE PERMITTEE SHALL PLACE EROSION CONTROL DEVICES IN ACCORDANCE WITH THE CITY'S APPROVED STANDARDS REGARDING EROSION CONTROL AND THE CITY OF SAN JUAN CAPISTRANO GRADING ORDINANCE, AND TO THE SATISFACTION OF THE BUILDING AND ENGINEERING DIRECTOR AND/OR DESIGNATED STAFF. PERMITTEE SHALL BE RESPONSIBLE FOR PROVIDING THE FREE FLOW OF STORM RUNOFF AND FLOOD CONTROL CHANNELS, STORM DRAINS, AND TRIBUTARIES DURING THE CONSTRUCTION PERIOD; AND PERMITTEE AGREES TO ASSUME ALL LIABILITY FOR ANY AND ALL RECYCLED WATER CONVERSION BID PACKAGE NO 2 APPENDIX A PAGE 6 OF 7 CITY OF SAN JUAN CAPISTRANO GENERAL NOTES FOR EROSION AND SEDIMENT CONTROL- BEST MANAGEMENT PRACTICES PER NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) DAMAGES THAT MAY RESULT FROM SUCH. PERMITTEE SHALL DESIGN AND IMPLEMENT SEDIMENT BASINS OR USE ANY OTHER APPROVED METHOD TO MINIMIZE DOWNSTREAM SEDIMENT TRANSPORTATION DURING STREAM FLOW. ALL SURPLUS EXCAVATED MATERIAL SHALL BE DISPOSED OF IN ACCORDANCE WITH THE CITY'S GRADING ORDINANCE AND WATER QUALITY ORDINANCE. DISPOSAL AREAS WILL BE UTILIZED IN A MANNER THAT ENSURES ADEQUATE EROSION CONTROL PROTECTION AND THE PREVENTION OF PONDING, AS APPROVED BY THE CITY BUILDING AND ENGINEERING DIRECTOR AND/OR DESIGNATED STAFF. ALL DISPOSAL (STOCKPILING) SITES WITHIN THE CITY MUST BE PERMITTED WITH A GRADING PERMIT. REV. 5/02/05 CONTACT ENGINEERING DIVISION FOR LATEST NOTES RECYCLED WATER CONVERSION BID PACKAGE NO.2 APPENDIX A PAGE 7 OF 7 CITY OF SAN JUAN CAPISTRANO RECYCLED WATER CONVERSION BID PACKAGE NO. 2 Part 2 TECHNICAL SPECIFICATIONS PROJECT NO. 13601 TABLE OF CONTENTS PART 2 - TECHNICAL SPECIFICATIONS 01010 Summary of Work.............................................................................................01010-1 01400 Quality Control..................................................................................................01400-1 0701 Irrigation System ..............................................................................................01510-1 15151 Domestic and Recycled Water Facilities Identification.....................................01520-1 TABLE OF CONTENTS PAGE-1 SECTION 01010 SUMMARY OF WORK PART 1 -GENERAL 1.01 RESPONSIBLE AGENCIES AND CONTACTS City of San Juan Capistrano distributes non-potable and recycled water on a wholesale and retail basis. The customer conversions are to remove these City customers from either utilizing potable water or non-potable water for irrigation purposes. After the conversion construction these customers will be utilizing recycled water for irrigation purpose. The Work comprises of furnishing and installing identification (labels, tags, and signs) and miscellaneous buried/above ground modifications at existing non-potable water sites to be converted to recycled water in order to obtain Orange County Health Care Agency approval for the facility to utilize recycled water on landscaping within the sites. Additionally the Work will consist of mobilization of equipment and material on (and off the site including procurement of a staging area, furnishing and installing appurtenances with the above mentioned irrigation system for the irrigation system; coordinate the construction schedule with the OCHCA inspector for the final cross connection testing, conform to all permit requirements, complete site cleanup and repair of damaged facilities as necessary, record drawings (as-builts). The following is a summary of these agencies and their responsible contact information: Rancho Madrina HOA: Ms. Gina Catalano (949) 833-0919 Estates at San Juan Capistrano HOA: Mr. George Gustava (949)481-0556 San Juan Hills Estate HOA: Mr. Gavin Kuehn (949)465-2421 Cook La Novia Park: Mr. David Hubler (949) 443-6365 City of San Juan Capistrano: Mr. Stephen Liao (949)443-6326 Ms. Francie Kennedy (949)487-4304 Orange County Health Care Agency: Mr. John Bamoczi (714)433-6285 Dudek&Associates, Inc.: Mr. Mike Metts (760)479-4111 John Robinson Consulting, Inc. Mr. John Robinson (626) 375-9389 SUMMARY OF WORK 01010- 1 1.02 CROSS-CONNECTION TESTING Prior to the beginning of construction, an initial cross-connection inspection/test will be coordinated by City, each Customer Site, OCHCA and ENGINEER. The test will follow the general guidelines outlined in Section F of the WateReuse Recycled Water Irrigation User's Manual. The purpose of the test is to determine if there are any connections between the existing irrigation system and the potable water system prior to construction. After the construction work has been completed a final cross-connection test will be performed. This final cross-connection test will use non-potable water supplying the irrigation system. This on-site test is to ensure the absolute separation of the non-potable (future recycled water) and potable water systems. The Contractor will contact the City when a final cross-connection test is ready to be performed and the City will coordinate the scheduling of the cross-connection test. The shutdown test procedure is detailed in Section F of the WateReuse Recycled Water Irrigation User's Manual. Upon the successful completion of the shutdown test and approval from OCHCA, the CITY will be allowed introducing recycled water into the non-potable system which will supply recycled water to the irrigation system at each Customer site. 1.03 PERMITS The Contractor shall obtain and pay for a City of San Juan Capistrano Business License. The Contractor shall obtain the required permit from County of Orange Department of Public Works Building and Safety and City of San Juan Capistrano Public works Building and Safety. It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required for the completion of the project. No extra compensation shall be made therefore. 1.04 CONSTRUCTION SCHEDULE The Contractor shall complete the work within the 30 Calendar days from the issuance of the Notice to Proceed. One (1) working day shall be allocated for the final cross-connection test for each site. Any remaining punch list items from the final cross-connection test at each Customer site shall be completed within two (2)working days after the Contractor has been notified that a successful final cross-connection test has occurred at each Customer site. 1.05 SCHEDULE CONSTRAINTS The Contractor shall notify the CITY in writing and provide a construction schedule 7 calendar days prior to beginning the construction activities at each site. The Contractor shall assume at least a one week time period (seven calendar days) will be required from the date of the written notification to the CITY that the site is ready for final cross- connection testing to the completion of the final cross-connection test. SUMMARY OF WORK 01010- 2 The Contractor shall be responsible to coordinate with the City, each Customer site, OCHCA and ENGINEER for the final cross connection testing. The Contractor shall keep the existing irrigation system operational during construction to facilitate maintenance at each Customer site. When it is necessary to de-activate the existing system or portions thereof,the Contractor shall coordinate with the each Customer Superintendent so as not to unduly hamper their maintenance work.. 1.06 CONSTRUCTION SEQUENCING A pre-construction meeting with the City, each Customer site, OCHCA, and ENGINEER will be held with the Contractor at each Customer site prior to any construction activities at the Customer sits to discuss the overall project, define the specific work requirements and cover any questions. All buried piping shall be inspected by City, OCHCA and ENGINEER field representatives prior to being backfilled. If any recycled water, potable water, or non- potable water piping is buried before field inspection,all or any portion of the piping system may be required to be exposed and corrected as necessary with no additional days allowed on the construction schedule. During the final cross-connection test, a punch list may be generated which the Contractor will be required to complete prior to receiving final approval from the City. The City will notify the Contractor in writing of the successful completion of the final cross-connection testing. At that time, the Contractor can complete the punch list construction work. This construction sequencing is further explained within Section G of the WateReuse Recycled Water Irrigation User's Manual. 1.07 WORKING HOURS Normal working hours will be limited to 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays. Weekend work will not be permitted unless otherwise approved by the City and each Customer site. 1.08 PRECONSTRUCTION VIDEO No preconstruction video will be required by the City; however, the Contractor can prepare a preconstruction video at any of the Customer sites at their own costs. 1.09 DETAILED SPECIFICATIONS The material specifications for all products and the execution requirements for these products shall be per these Specifications the Contract Drawings, City Standard Specifications for Pipeline Construction, and the WateReuse Recycled Water Irrigation User's Manual. If the material is not covered within the above Specifications, then the Standard Specifications for Public Works Construction ("Greenbook")shall govern. SUMMARY OF WORK 01010- 3 1.10 ORDER OF PRECEDENCE In resolving conflicts resulting from errors, discrepancies, ambiguities, or inconsistencies in any of the Contract Documents,the order of precedence shall be as follows: 1. Change Orders 2. Addenda 3. The Bid 4. Technical Specifications 5. Drawings 6. City Standard Specifications for Pipeline Construction 7. WateReuse Recycled Water Urban Irrigation User's Manual 8. Standard Specifications for Public Works Construction 9. Advertisement for Bid 10. Instruction to Bidders With reference to Drawings,the order of precedence is as follows: 1. Contract Drawings govern over standard drawings 2. Addenda and change order drawings govern over Contract Drawings 3. Detail drawings govern over general drawings 4. Figures govern over scaled dimensions 1.11 RESTORATION OF IMPROVEMENTS The Contractor shall be responsible for the protection of all the trees, shrubs, irrigation systems,fences, hardscape and other landscape items adjacent to or within the work area, unless they are directed to do 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 and each Customer site representative or pay damages to the City. All curbs,gutters, driveways, sidewalks, buildings, equipment, roadways, utilities, grounds, landscaping, irrigation and similar improvements that are broken or damaged by the Contractor's operations shall be reconstructed by the Contractor. Reconstruction shall be of the same kind of materials with the same finish and in no less than the same dimensions as the original work. Repairs shall be made by removing and replacing the entire portion between joints or scores and not merely refinishing any damaged part. All work shall match the appearance of the existing improvements as nearly as possible. Parking lots and roads in which the surface is removed, broken, or damaged, or in which the ground has caved or settled during the work under this Contract, shall be resurfaced and brought to the original grade and section. Parking lots and roadways used by the Contractor shall be cleaned and repaired. Before resurfacing material is placed, edges of pavements shall be trimmed back far enough to provide clean, solid, vertical faces, and shall be free of loose material. SUMMARY OF WORK 01010-4 Planted areas(including grass)and hardscape areas which are damaged by actions of the Contractor shall be restored as nearly as possible to their original condition. All trees, bushes or shrubbery that are removed or cut must be replaced with similar kind and quality. All irrigation lines that are cut or damaged during the construction activities shall be repaired by approved methods to good working order at the end of each day. The Contractor shall be responsible for maintaining and cleaning up of all areas within all construction staging areas etc., occurring from his construction activity. The Contractor shall resod all grass areas damaged during the construction activities. This restoration shall include placement of five(5) inches of good topsoil, along with resoding and/or replacement of the landscape items. 1.12 SEPARATION REQUIREMENTS All potable water, recycled water,fire water and sewer lines shall be installed to maintain a 4-foot minimum horizontal separation between utilities. Construction of utilities with less than 4-feet of horizontal separation shall be pre-approved by the ENGINEER. Normally, water, sewer and recycled water shall be located vertically from the finish surface in order of the higher quality, i.e., water shall -be above recycled water and recycled water shall be above sewer. A minimum of 1-foot clearance vertically between the utilities should be maintained at all times. Whenever a crossing must occur where there is no alternative but to install the main with less than the required horizontal separation or not in the higher quality, special construction will be required as directed by the City and ENGINEER. 1.13 TRAFFIC REQUIREMENTS Pedestrian, vehicle traffic flow through the Customer site will be maintained at all times. If it is necessary to impact any vehicle traffic on a site, the Contractor shall obtain approval from the City two days prior to disturbing the normal traffic flow. The Contractor shall maintain the access roads through the project site and shall keep all public roads around the Customer site open to public traffic. The Contractor shall conduct his operations to cause the least possible obstruction to traffic and inconvenience to the public. 1.14 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS The stamped set of approved plans and specifications shall be on the jobsite at all times and in addition the Contractor shall maintain "As-Built" drawings of all work, continuously as the job progresses. A separate set of prints for this purpose shall be required and these drawings shall be up-to-date. Upon completion of the project, the Contractor shall provide the"As-Built"corrections on a copy of the plans. 1.15 ADDITIONAL INSURED The certificates of insurance shall list City of San Juan Capistrano, Rancho Madrina HOA, Estates at San Juan Capistrano HOA, San Juan Hills Estate HOA, Dudek & Associates, and John Robinson Consulting, Inc., as additional insureds. For purposes of indemnification, Dudek & Associates, and John Robinson Consulting, Inc. shall be considered agents of the City. SUMMARY OF WORK 01010- 5 1.16 INDEMNIFICATION Contractor hereby releases and agrees to indemnify, defend, hold harmless the City, Rancho Madrina HOA, Estates at San Juan Capistrano HOA, San Juan Hills Estate HOA, ENGINEER (hereinafter Dudek & Associates), John Robinson Consulting, Inc., their parent and subsidiary companies, agents, employees, consultants and representatives for any and all damage to persons or property or 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 the City, Rancho Madrina HOA, Estates at San Juan Capistrano HOA, San Juan Hills Estate HOA, ENGINEER, their parent and subsidiary companies, as well as their agents and employees, excepting only the sole negligence of the City, American Golf, Engineer, their parent or subsidiary companies and their agents and employees to the fullest extent permitted by law. Such indemnification shall extend to all claims, demands,actions,or liability for injuries,death or damages occurring after completion of the project, as well as during the work's progress. Contractor further agrees that it shall accomplish the above at its own cost, expense and risk exclusive of and regardless of any applicable insurance policy or position taken by any insurance company regarding coverage. 1.17 JOB SITE SAFETY Contractor acknowledges responsibility for jobsite safety and acknowledges that the City, Rancho Madrina HOA, Estates at San Juan Capistrano HOA, San Juan Hills Estate HOA, Engineer (hereinafter Dudek & Associates), John Robinson Consulting, Inc., will not have any such responsibility. 1.18 CONTRACTOR'S LICENSE The Contractor shall possess a valid Class A, C-34 or C-37 Contractor's license or better at the time of submitting bids. 1.19 STAKING Contractor will be responsible for staking all sprinklers and controllers will be staked on site in advance of any construction. The Contractor is responsible for maintain the location of all staked equipment. 1.20 GUARANTEE The Contractor shall be responsible for furnishing a completed, fully operational recycled water irrigation system, free from defects in material and workmanship. It shall be the Contractor's responsibility to repair all leaks, and repair or replace all deficient materials prior to the CITY's acceptance of the completed irrigation system. The work included in the contract shall be guaranteed by the Contractor to be free from all defects in material and workmanship for a period of one (1) year after the City's final acceptance of the recycled water irrigation system and non-potable irrigation system. During the warranty period,the Contractor shall make all necessary repairs or replacements of defective materials due to component failure or improper installation without additional cost to the City. The Contractor shall repair and restore any settling of backfilled trenches, including all planting, paving or other conditions damaged by such setting. SUMMARY OF WORK 01010- 6 Should the Contractor fail to respond to the Owner's request for repair work within forty- eight (48) hours, the City may make necessary repairs at the Contractor's expense. The City in coordination with the Customer site personnel may make emergency repairs as necessary without relieving the Contractor's warranty obligation. During the warranty period, the Contractor shall perform other work or services to the system at the City's request and shall be paid on a time and materials basis for such work as negotiated with the City. 1.21 DRAWINGS AND VERIFICATION OF DIMENSIONS All plot plan dimensions are approximate, and shall be checked and verified by the Contractor before proceeding with work. The Contractor shall report all variations from those indicated in the plot plan to the City or the Engineer. For clarity and legibility, pipelines and electrical lines are diagrammatic. The sizes and location of equipment are drawn to scale wherever possible. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) -END OF SECTION- SUMMARY OF WORK 01010- 7 SECTION 01400 QUALITY CONTROL PART 1 --GENERAL 1.1 DEFINITION A. Specific quality control requirements for the WORK are indicated throughout the Contract Documents. The requirements of this Section are primarily related to performance of the WORK beyond furnishing of manufactured products. The term "Quality Control" includes inspection, sampling and testing, and associated requirements. 1.2 INSPECTION AT PLACE OF MANUFACTURE A. Unless otherwise indicated, all products, materials, and equipment shall be subject to inspection by the ENGINEER at the place of manufacture. At the discretion of the ENGINEER inspection at the place of manufacture may be waived, but this does not relieve the Contractor of the responsibility to meet the product requirements as described or implied within the contract documents. B. The presence of the ENGINEER at the place of manufacturer, however, shall not relieve the CONTRACTOR of the responsibility for providing products, materials, and equipment which comply with all requirements of the Contract Documents. Compliance is a duty of the CONTRACTOR, and said duty shall not be avoided by any act or omission on the part of the ENGINEER. 1.3 SAMPLING AND TESTING A. Unless otherwise indicated, all sampling and testing will be in accordance with the methods prescribed in the current standards of the ASTM, as applicable to the class and nature of the article or materials considered; however, the CITY reserves the right to use any generally-accepted system of sampling and testing which, in the opinion of the ENGINEER will assure the CITY that the quality of the workmanship is in full accord with the Contract Documents. B. Any waiver by the CITY of any specific testing or other quality assurance measures, whether or not such waiver is accompanied by a guarantee of substantial performance as a relief from the testing or other quality assurance requirements originally indicated, and whether or not such guarantee is accompanied by a performance bond to assure execution of any necessary corrective or remedial WORK, shall not be construed as a waiver of any requirements of the Contract Documents. C. Notwithstanding the existence of such waiver, the ENGINEER reserves the right to make independent investigations and tests, and failure of any portion of the WORK to meet any of the requirements of the Contract Documents, shall be reasonable cause for the ENGINEER to require the removal or correction and reconstruction of any such WORK in accordance with the General Conditions. 1.4 INSPECTION AND TESTING SERVICE A. Inspection and testing laboratory service shall comply with the following; QUALITY CONTROL 01400-1 1. Unless indicated otherwise by the Technical Specifications, the CITY will appoint, employ, and pay for services of an independent firm to perform inspection and testing or will perform inspection and testing itself. 2. The CITY or independent firm will perform inspections, testing's, and other services as required by the ENGINEER under Paragraph 1.3C above. 3. Reports of testing, regardless of whether the testing was the CITY'S or the CONTRACTOR'S responsibility, will be submitted to the ENGINEER, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. 4. The CONTRACTOR shall cooperate with the CITY or independent firm and furnish samples of materials, design mix, equipment, tools, storage, and assistance as requested. 5. The CONTRACTOR shall notify ENGINEER 24 hours prior to the expected time for operations requiring inspection and laboratory testing services. 6. Retesting required because of non-conformance to requirements shall be performed by the same independent firm on instructions by the ENGINEER. The CONTRACTOR shall bear all costs from such retesting. 7. For samples and tests required for CONTRACTOR'S use, the CONTRACTOR shall make arrangements with an independent firm for payment and scheduling of testing. The cost of sampling and testing for the CONTRACTOR'S use shall be the CONTRACTOR'S responsibility. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 INSTALLATION A. Inspection: The CONTRACTOR shall inspect materials or equipment upon the arrival on the job site and immediately prior to installation, and reject damaged and defective items. B. Measurements: The CONTRACTOR shall verify measurements and dimensions of the WORK, as an integral step of starting each installation. C. Manufacturer's Instructions: Where installations include manufactured products, the CONTRACTOR shall comply with manufacturer's applicable instructions and recommendations for installation, to whatever extent these are more explicit or more stringent than applicable requirements indicated in Contract Documents. - END OF SECTION- QUALITY CONTROL 01400-2 SECTION 0701 IRRIGATION SYSTEMS 3.0 MATERIAL AND INSTALLATION 3.1 MATERIAL - APPROVAL A. Bids are to be based upon the materials as specified. If the Contractor wishes to submit an alternative to a listed item, the Contractor shall include descriptive literature for the alternative item and a cover letter indicating the cost difference to be applied to the bid price. The decision to accept or reject any alternative items submitted will be made by the CITY and ENGINEER during consideration of the bids. B. The successful bidder will be required to furnish three (3) copies of a list of the materials, complete with manufacturer's name and model numbers, which are not named by brand or model number in the Plans and Specifications and upon which the Contractor's bid is based. Award of the Contract will not be made until such list is received and approved by the CITY. 3.2 STANDARDS, SOURCE, AND DIMENSIONAL REQUIREMENTS A. Specifications for materials to be used in the installation of the irrigation system are based on United States of America sourced materials. B. All references to testing and approval agencies are as follows: (1) ANSI: American National Standards Institute (2) ASAE: American Society of Agricultural Engineers (3) ASME: American Society of Mechanical Engineers (4) ASTM: American Society for Testing and Materials (5) AWWA: American Water Works Association (6) MSS: Manufacturers Standardization Society MATERIAL AND INSTALLATION 0701-1 (7) NEMA: National Electrical Manufacturers Association (8) NSF: National Sanitation Foundation (9) UL: Underwriters Laboratories, Inc. C. All dimensional sizes included in these specifications and the accompanying plans and drawings are based on the English System of measurement. Metric equivalents of nominal sizes are provided for reference. 3.3 EXPLANATION AND PRECEDENCE OF DRAWINGS A. For purposes of clarity and legibility, sprinkler lines are essentially diagrammatic. Size and location of equipment is drawn to scale wherever possible. The Contractor shall make use of data in the Contract documents and verify this information at the construction site. The Contractor shall furnish and install work called for on the drawings, whether or not specifically mentioned in the specifications. 3.4 EXISTING UTILITY LINES A. The Contractor s h a I I be responsible for contacting all utility companies to verify and mark the location of all utilities on the property prior to commencing work. The Contractor shall be responsible for locating any such lines during the course of work, and is responsible for repairing any damages to these utilities caused by the Contractor or his subcontractors. 3.5 EXISTING IRRIGATION SYSTEM (RENOVATION WORK) A. The Contractor shall keep the existing irrigation system operational during construction to facilitate maintenance of each Customer site. When it is necessary to de-activate the existing system or portions thereof, the Contractor shall coordinate with the ENGINEER and Customer site Superintendent so as not to unduly hamper his/her maintenance work. MATERIAL AND INSTALLATION 0701-2 3.6 PUBLIC ACCESS (RENOVATION WORK) A. The Customer sites shall remain open to the HOA membership or the public during the construction period unless otherwise stated in the bid proposal form. Work shall be carried out in such a manner as to cause the minimum amount of interference to the HOA and the public. The Contractor shall arrange with the ENGINEER and the Customer site Superintendent to close all of or portions of Customer site facilitate this work. B. Open trenches shall be confined to a single area at the Customer site where possible. Contractor shall place barricades on holes and trenches left open during the week. C. The Contractor shall backfill holes and trenches in landscape areas on Friday to facilitate holiday and/or weekend use of the HOA or park. No work shall be permitted on weekends or holidays unless specifically approved in advance by the CITY and the Customer site Superintendent. 3.7 CARE OF SOD (RENOVATION WORK) A. For phases of the work requiring trenching or excavating, sod shall be cut with a sod cutting machine, rolled and placed beside the trench, out of the way of the work, watered while out, and replaced within two (2) days. 3.8 SPRINKLER HEAD AND CONTROLLER LOCATING ON SITE A. Contractor will be responsible for staking all sprinklers and controllers will be staked on site in advance of any construction. The Contractor shall be responsible for maintaining the integrity of the marred sprinkler locations. Any loss of marks causing added work will be at the expense of Contractor. Added costs will be charged to CITY and deducted from moneys owed to Contractor. MATERIAL AND INSTALLATION 0701-3 B. Controllers shall be located by the Contractor according to the Plan after sprinklers are staked. Controller locations should then be inspected by the ENGINEER and the Customer site Superintendent. 3.9 PIPE AND FITTINGS A. Pipe 3" (75 mm) and smaller shall be polyvinyl chloride (PVC), solvent weld or gasket joint, or high density polyethylene (HDPE) as called for on the Plan. Pipe shall be of the Schedule, Class or Dimension Ratio (DR) specified on the Plan. The terms Dimension Ratio (DR) and Standard Dimension Ratio (SDR) are used interchangeably and define the same relationship between minimum wall thickness and outside diameter(OD)for the purpose of defining pressurerating. All pipes shall be supplied by the same manufacturer unless specific prior approval is obtained from the Designer., Pipe shall conform to the following specifications and requirements: (1) PVC pipe and fittings shall be used below grade. PVC pipe and fittings used above grade shall be of UV resistant material. HDPE pipe and fittings may be used below and above grade. When HDPE materials are used above grade in conditions where temperatures exceed 73 F (23°C), a thermal service factor must be used to determine the maximum operating pressure allowable. (2) PVC pipe shall be extruded from 100 percent virgin polyvinyl chloride (PVC) Type I, Grade I resin conforming to the requirements of ASTM D2241 with SDR 13.5. Schedule 40 and Schedule 80 PVC pipe shall conform to the requirements of ASTM D1785 and ASTM D2672 for Bell-End PVC. SDR- PR pressure rated PVC pipe shall conform to . the requirements of ASTM D2241. Manufacturer's certification of testing and compliance shall be furnished if requested. (3) HDPE pipe shall be made from polyethylene resin compound with a minimum cell classification of PE 345464C for PE MATERIAL AND INSTALLATION 0701-4 3408 materials in accordance with ASTM D 3350. This material shall have a Long Term Hydrostatic Strength of 1600 psi (110 bars). Pipe shall be manufactured in accordance with ASTM D 714. (4) Pipe shall be homogeneous throughout, free from cracks, holes or foreign material. Pipe shall be free from blisters, dents, ripples, die and heat marks. (5) Pipe shall be continuously and permanently marked with size and class or schedule of pipe, material code, manufacturer's name or trademark, and manufacturer's lot number. B. Pipe fittings 3" (75 mm) and smaller shall be PVC solvent weld connection for pipe specified as PVC solvent weld joint and shall be ductile iron or PVC gasket connection for pipe specified as PVC gasket joint on the Plan. Pipe fitting connections for HDPE pipe shall be by thermal butt fusion, flanged, compression, or mechanical joint. Pipe stiffeners shall be used for mechanical joint connections. Pipe fittings shall conform to the following specifications and requirements: (1) Solvent weld PVC fittings shall conform to ASTM D1784 for rigid PVC compounds. Schedule 40 and Schedule 80 solvent weld PVC fittings shall conform to ASTM D2466 and D2467 respectively for socket-type PVC fittings. Schedule 80 threaded PVC fittings shall conform to ASTM D2464 for threaded-type PVC fittings. Fittings shall be produced from PVC Type I material, Cell Classification 12454-B as manufactured by Lasco. (2) Gasket joint fittings for 3" (75 mm) and smaller pipe shall be ductile iron or PVC. Gasket joint ductile iron fittings shall be IPS dimension as manufactured by Harco or Leemco. Gasket joint PVC fittings shall be Class 315 as manufactured by Lasco and shall conform to ASTM D1784, D3139, and F1970. Gaskets shall conform to ASTM F477. PVC Class 315 fittings shall be designed to withstand a minimum of 992 PSI (68,4 bars) short-term pressure at 73° F (23°C). Maximum joint deflection shall not exceed manufacturer's recommendation. (3) PVC threaded fittings and nipples shall be Class 315 SDR 13.5 unless otherwise noted on the plan or MATERIAL AND INSTALLATION 0701-5 construction detail. Minimum length of PVC nipples shall be 3" (8 cm). (4) All changes in depth of pipe shall be made with 45 degree fittings. PVC couplings shall be the same material and wall thickness as pipe used. (5) All swing joints assemblies shall be PVC, unitized construction, with a minimum pressure rating of 315 PSI (21,7 bars). Swing joints shall be of manufacturer and model number as called for on the Plan. C. Plastic pipe and fittings 3" (75 mm) and smaller shall be assembled as follows: (1) Use care in handling, loading and storing to avoid damage. Store pipe and fittings under cover and protect from sunlight prior to use. Transport pipe in a vehicle with a bed long enough to allow the length of pipe to lay flat, so as not to be subject to undue bending or concentrated external loading at any point. Any pipe that has been dented or damaged will not be accepted. (2) Pipe shall be cut square and connecting surfaces shall be clean and dry. Burrs shall be removed inside and outside of pipe end. Pipe ends shall be chamfered on outside before assembly. (3) For assembly of PVC solvent weld pipe, use primer/cleaner and solvent cement as supplied by IPS Weld-On or Christy's. (a) Use primer/cleaner to clean the outside end of pipe and the inside of the fitting socket. Use a non- synthetic bristle brush to spread solvent on the inside diameter of the socket and the outside end of pipe as recommended by the solvent manufacturer. Avoid excess solvent, making sure that coated area on the pipe is equal to the depth of the fitting socket. Apply solvent from no larger than pint size containers with air tight covers. Clean and refill the containers each day. (b) Make joint immediately after applying the solvent. Give a half-turn to dispel air and spread the solvent. Check all tees and ells for correct position. Hold joint MATERIAL AND INSTALLATION 0701-6 in place for sufficient time to ensure that pipe does not push out from fittings. Use clean rag to wipe off excess solvent. (4) For assembly of PVC gasket joint pipe, use a gasket lubricant as supplied by or recommended by the pipe manufacturer. (a) Use lubricant for assembling pipe and fittings. Lubricant shall be water soluble, non-toxic, non- objectionable in taste and odor imparted to the fluid, non- supporting of bacteria growth, and shall have no deteriorating effect on the PVC or rubber gasket. (b) Pipe, couplings, rubber rings, and lubricant shall be furnished by the same pipe manufacturer or as expressly recommended by them for use with their product. (5) On PVC to metallic connections, assemble the metallic connection first. Use a non-hardening Teflon pipe dope or Teflon tape on all threaded PVC to metallic joints. Use only light wrench pressure to avoid damage to PVC fittings. (6) For assembly of HDPE pipe, follow manufacturer's guidelines for assembly and installation. (a) For continuous runs of pipe, use thermal butt fusion method of assembly. (b) For connection to fitting or valves, use thermal butt fusion to connect pipe to flange adaptors or transition fittings. D. PVC solvent weld pipe and HDPE thermal fusion joint pipe up to and including 2-1/2" (65 mm) shall be installed by a suitable trenchless technique (pulled in) where soil and project conditions permit. Open trench installation shall be used where soil conditions are unsuitable for pulling or where terrain dictates. Installation and backfill requirements listed in paragraph E shall be followed for open trench installation. No loss of warrantee due to installation technique will be allowed. Provide minimum depth of cover as indicated on the Plan. Locate existing utilities and pot-hole ahead MATERIAL AND INSTALLATION 0701-7 of trenching or pulling operation. The general procedure for trenchless installation shall be as follows: (1) Assemble PVC pipe to be "pulled in" no less than sixteen (16) hours before "pulling". Assemble PVC pipe by solvent welding with couplings (solvent weld bell end pipe is acceptable). Assemble HDPE pipe by thermal butt fusion. Fittings for sprinkler and valve connections, etc. are to be installed after pipe is in the ground. (2) Dig potholes for sprinklers at staked locations. Contractor shall ensure that sprinklers are installed within six (6) inches of original staked locations. Pull pipe into ground approximately 6" (15 cm) off-set from actual staked sprinkler locations. Sections of installed pipe are to be moved through the ground to allow for proper installation of fittings. Potholes for sprinklers shall be only deep enough under the riser fitting so that it will be resting on undisturbed earth once the sprinkler is set to grade. (3) Flush lines thoroughly. Cap and test at a minimum 125 PSI (8,6 bars), not to exceed 150 PSI (10,3 bars) at any point, for one (1) hour prior to installation of sprinkler heads and backfill of holes. Testing shall be done with swing joints in place. (4) Holes shall be backfilled and all loose dirt and debris cleaned up immediately following completion of pressure tests. Raised slits from pipe installation shall be compacted to original grade with vibrating roller or other suitable compacting machine. E. PVC gasket joint pipe indicated on the Plan as 3" (75 mm) and smaller, 3" (75 mm) PVC solvent weld pipe, and 3" (75 mm) HDPE pipe shall be installed by trenching, laying pipe, back-filling and compacting. Locate existing utilities and pot-hole ahead of trenching operation. Pipe installed by trenching shall be installed as follows: (1) Trench depth shall provide a minimum depth of cover as indicated on the Plan. The bottom of the trench shall be free of rocks, clods and other sharp edged objects. MATERIAL AND INSTALLATION 0701-8 (2) Lower pipe into open trench after being assembled on the surface. Provide a firm, uniform bearing for the entire length of each pipe line to prevent uneven settlement. (3) Snake PVC solvent weld pipe and HDPE fusion joint pipe from side to side of trench bottom to allow for expansion and contraction. One (1) additional foot of pipe is the minimum allowance for snaking. Never lay pipe when there is water in trench or when the temperature is 32° F (0°C) or below. (4) Concrete thrust blocking or joint restraints shall be installed at all tees, elbows, gate valves and reducers for PVC gasket joint pipe. Size, location and installation of thrust blocks or joint restraints shall be in accordance with the manufacturer's installation manual and the Construction Details. The Contractor shall be responsible for ensuring the stabilization of all fittings and valves in the piping system. (5) Backfill trench with material free of rocks, clods and other sharp edged objects. Embedment material around the pipe and 6" (15 cm) over the pipe shall be 1/2" (13 mm) or less in size. Balance of backfill material shall be 1'/z" (38 mm) or less in size. Provide 90% compaction on all backfilled material. (6) Use the same pipe pressure test procedure as described above under general procedure for trenchless installation. F. Pipe 4" (100 mm) and larger shall be PVC gasket joint or HDPE thermal fusion joint as called for on the Plan. Pipe shall be of the Pressure Class and DR Rating indicated on the Plan. All pipes shall be supplied by the same manufacturer unless specific prior approval is obtained from the Designer. Pipe shall conform to the following specifications and requirements: (1) PVC pipe shall be extruded from 100 percent virgin polyvinyl chloride (PVC) Type I, Grade I resin conforming to the requirements of ASTM D1784. SDR-PR and DR-PR pressure rated PVC shall conform to the requirements of ASTM D2241 and AWWA C900 and C905 respectively. Rubber ring gaskets shall conform to ASTM F477. Joint design testing shall conform to ASTM D3139. Manufacturer's certification of testing and compliance shall be furnished if requested. MATERIAL AND INSTALLATION 0701-9 (2) HDPE pipe shall be made from polyethylene resin compound with a minimum cell classification of PE 345464C for PE 3408 materials in accordance with ASTM D 3350. This material shall have a Long Term Hydrostatic Strength of 1600 psi (110 bar). Pipe shall be manufactured in accordance with ASTM D 714. (3) Pipe shall be homogeneous throughout, free from cracks, holes or foreign material. Pipe shall be free from blisters, dents, ripples, die and heat marks. (4) Pipe shall be continuously and permanently marked with size and class of pipe, material code, manufacturer's name or trademark and manufacturer's lot number. (5) PVC pipe shall be gasket joint connection. Bell and gasket shall be an integral part at one end of each pipe joint. The opposite end of each pipe joint shall be tapered to insert into the gasketed bell end. (6) PVC pipe shall be furnished in standard 20' lengths (6,1 m). Wall thickness and outside diameter shall be in accordance with ASTM D2241 for SDR-PR pipe and AWWA C900 and C905 for DR- PR pipe. (7) Lubricant for assembling PVC pipe and fittings shall be water soluble, non-toxic, non-objectionable in taste and odor imparted to the fluid, non-supporting of bacteria growth, and shall have no deteriorating effect on the PVC or rubber gasket. (8) PVC pipe, couplings, rubber rings, and lubricant shall be furnished by the same pipe manufacturer or as expressly recommended by them for use with their product. G. Pipe fittings and connections for 4" (100 mm) and larger pipe shall conform to the following specifications and requirements: (1) For IPS dimension PVC pipe, fittings shall be IPS dimension push-on, deep bell, gasket sealed and made of Grade 65-45- 12 ductile iron in accordance with ASTM A536. Fitting gaskets shall be in accordance with ASTM F477. MATERIAL AND INSTALLATION 0701-10 (2) For C900 and C905 PVC pipe, fittings shall be push-on or mechanical joint ductile iron in accordance with ASTM A536. Gaskets shall be in accordance with AWWA C111. (3) Connection of lateral lines to a mainline shall be made with service saddles or ductile iron service tees as called out in the Plans and Construction Details. Service saddles shall be of ductile iron or stainless steel material as called out on the Plan Notes and Construction Details. When using service saddles, drill no larger than a 1-1/2" (38 mm) hole in pipe. Check with pipe manufacturer for maximum size hole recommended in each size of pipe. H. Pipe 4" (100 mm) and larger shall be installed by trenching, laying pipe, back-filling and compacting. Locate existing utilities and pot- hole ahead of trenching operation. Pipe shall be installed as follows according to the pipe manufacturer's installation guidelines. (1) Mark mainline route with gypsum or white marking paint. Use templates or models made from 2" (50 mm) pipe and fittings (minimum 6' (1,8 m) long legs) to layout changes in direction of mainline for tees, 45 and 90 degree bends. (2) Excavation and backfill of all trenches, including the material, equipment and labor necessary for the completion of work, shall be considered as included in the Contract price for installation of the irrigation system. No additional payment beyond the Contract will be due from the CITY. (3) Trench width shall allow for 4" (10 cm) of clearance on each side of pipe. Mainline trench depth shall provide a minimum depth of cover as indicated on the Plan. The trench bottom shall be free of rocks, clods and other sharp objects. (4) Concrete thrust blocking or joint restraints shall be installed at all tees, elbows, gate valves and reducers on PVC piping systems. Size, location and installation of thrust blocks or joint restraints shall be in accordance with the manufacturer's installation manual and the Construction Details. The Contractor shall be responsible for ensuring the stabilization of all fittings and valves in the piping system. (5) Backfill of trenches shall be accomplished in no less than three (3) layers of material and shall provide a minimum of MATERIAL AND INSTALLATION 0701-11 90% compaction. Each layer shall be compacted prior to the next layer of backfill. Backfill material shall be free of rocks, large clumps of dirt, and abrasive materials. The initial embedment layer particle size shall not exceed 1/2" (13 mm) diameter. (6) Leakage tests on mainline pipe shall be conducted in accordance with the following parameters. Tests shall be performed on each section of mainline between gate valves as soon as the section is completed. The purpose of a leakage test is to establish that the section of line to be tested, including all joints, fittings and other appurtenances, will not leak or that leakage is within the limits of the applicable leakage allowance. Normal operating pressure is usually applied for tests. This should be maintained as constant as possible throughout the period of test. Measurement of the amount of additional water pumped in during test provides a measurement of the amount of leakage, if any. In setting up a section of line for test, an air relief valve should be provided. Air trapped in the line during test will affect test results. A two hour test is recommended and the leakage allowable shall be determined by the formula: L_ ND P 7400 L is the allowable leakage, in gallons per hour; N is the number of joints in the length of pipeline tested; D is the nominal diameter of the pipe in inches; and P is the average test pressure during the test in pounds per square inch gauge. Leakage values determined by the above formula are shown in the table below. MATERIAL AND INSTALLATION 0701-12 Leakage Allowable - Gallons(Liters) per 1000 Ft. (50 Joints)/Hr. Fn e Size Test Pressure(psi) ches) 50 100 150 200 250 4 .19 (.72) .27(1.02) .33(1.25) .38(1.44)- .43(1.63) 6 .29(1.10) .41 (1.55) .50(1:89) .57(2.16) .64(2.42) 8 .38(1.44) .54(2.04) .66(2.50) .76(2.88) .85(3.22) 10 .48(1.82) .68(2.57) .83(3.14) .96(3.63) 1.07(4.05) 12 .57 (2.16) .81 (3.07) .99(3.75) 1.15(4.35) 1.28(4.85) 14 .67(2.54) .95(3.60) 1.16(4.39) 1.34(5.07) 1.50(5.68) 16 .76 (2.88) 1.08(4.09) 1.32(5.00) 1.53(5.79) 1.71 (6.47) 18 .86(3.26) 1.22(4.62) 1.49(5.64) 1.72(6.51) 1.92(7.27) 20 .96(3.63) 1.35(5.11) 1.66(6.28) 1.91 (7.23) 2.14(8.10) 24 1.15(4.35) 1.62(6.13) 1.99(7.53) 2.29(8.67) 2.56(9.69) If leakage exceeds the value listed in the table, the leak must be found and repaired and a new test performed. Consideration should be given to any valves isolating the test section. Many water works valves are not designed for leak proof operation. Leakage through these valves can distort actual leakage figures. I. Pipe installed under public or private roads shall be Ductile Iron unless otherwise noted on the Plan or approved by City and ENGINEER. Pipe shall be installed in accordance with local codes and regulations governing road crossings. J. Pipe installed at bridge or stream crossings shall be Schedule 40 steel or Ductile Iron with joint restraints unless otherwise noted on the Plan or approved by City and ENGINEER. Pipe on bridge crossings shall be installed with pipe supports at 5' (1,5 m) intervals .along the bridge crossing. Pipe shall be installed underneath the bridge wherever possible. Black or galvanized steel pipe and fittings shall be painted or otherwise coated with corrosion resistant material. K. Pipe and fittings installed above ground or in valve boxes or vaults shall be Ductile Iron or Schedule 40 black or galvanized steel as called out in the construction details unless otherwise noted on the Plan or approved by ENGINEER. Piping shall be painted with corrosion resistant paint; light gray in color, or as otherwise required by local code or the CITY. MATERIAL AND INSTALLATION 0701-13 3.10 CONTROLLER POWER WIRE A. All controller power wire shall be of the type and size as indicated on the Plan, or as otherwise required by local code. B. All controller power wire shall be installed as indicated on the Plan, or as otherwise required by local code. 3.11 24 VOLT WIRING A. All 24 volt control wires from controllers or decoders to valve-in- head (VIH) sprinklers or remote control valves (RCV) shall be single conductor size 14 AWG type OF or PE (1,6 mm, 4110 circular mils) copper wire for direct burial. B. All 24 volt common wires from controllers to VIH sprinklers or RCV shall be single conductor size 12 AWG type OF or PE (2,1 mm, 6530 circular mils) copper wire for direct burial. C. Splices shall be made moisture proof with for direct burial service with splice kits as called out in the Plan notes and details. D. All 24 volt wire shall be installed from 2,500' (760 m) reels and shall be spliced only as follows: (1) Where connected to valves or sprinklers. (2) Where lateral line trench joins mainline in lateral isolation valve boxes. MATERIAL AND INSTALLATION 0701-14 (3) At junction box locations adjacent to satellite controllers. (4) All splices other than those at valve-in-head sprinklers shall be accessible in a junction box. E. Minimum depth of cover for all 24-volt wire shall be as indicated on the Plan. Wiring may be installed by a suitable trenchless installation, but wire must not be pulled through the ground. A machine with a rack for wire reels and a blade with a wire chute should be used to lay wire into ground. This method should be used only where soil conditions permit installation without damaging wire. This method may not be used if trenching is specifically called for on the Plan. F. All 24-volt wire shall be run with or be in a common trench with piping (lateral or main). The only exception is to get from the controller to the pipe line location. G. A 2 foot (60 cm) expansion loop shall be provided at each sprinkler. Expansion loop and splice shall be buried immediately below the pilot/solenoid side of the sprinkler. 3.12 COMMUNICATIONS WIRE A. Communications wire between the central controller and the satellite controllers shall be of size and type indicated on the Plan, and shall conform to the controller manufacturer's specifications and installation guidelines. B. Communications wire from the weather station to the central computer location shall be of size and type indicated on the plans, and shall conform to the controller manufacturer's specifications and installation guidelines. C. All splices in communications wire shall conform to the irrigation controller manufacturer's specifications and installation guidelines. 3.13 LATERAL ISOLATION VALVES A. Lateral isolation valves shall be of the size and type called out on the Plan. Connection of valves to mainline and lateral pipe shall be MATERIAL AND INSTALLATION D701-15 as called for in the Construction Details. Valves shall conform to the following. (1) Gate valves shall be bronze, stainless steel, cast iron, or ductile iron body with a minimum non-shock cold working pressure of 150 PSI (10,3 bar). Bronze and stainless steel gate valves shall be equipped with a bronze or stainless steel cross handle operator unless otherwise specified on the Plans and shall conform to specification MSS-SP80. Cast and ductile iron gate valves shall be equipped with a 2" (50 mm) square operating nut unless otherwise specified on the Plan. Cast and ductile iron gate valves .shall be epoxy coated and manufactured with a resilient wedge. Cast and ductile iron gate valves shall conform to specification AWWA C509 and AMA C515 respectively. Valve stem shall be stainless steel or low zinc bronze. (2) Angle and globe valves shall be brass or ductile iron body resilient seated valves. Valve stem shall be stainless steel or low zinc bronze. Valve shall rate for a minimum non-shock cold working pressure of 150 PSI (10,3 bar). 3.14 MAINLINE GATE VALVES A. Mainline gate valves shall be line size cast iron or ductile iron body with a minimum non-shock cold working pressure of 200 PSI (13,8 bar). Valves shall be equipped with a 2" (50 mm) square operating nut unless otherwise specified on the Plan. Valves shall be epoxy coated and manufactured with a resilient wedge. Wedge shall be ductile iron material vulcanized with an EPDM rubber compound. Cast iron and ductile iron gate valves shall conform to specification AWWA C509 and AWWA C515 respectively. B. Contractor shall furnish three (3) Operating keys with "T" handles to the CITY after the installation of the valves. MATERIAL AND INSTALLATION 0701-16 3.15 UNIVERSAL AIR RELEASE VALVES A. Air release valves shall have a 2" (50 mm) NPT inlet, and a 1" (25 mm) air & vacuum outlet with a 3/32" (2,4 mm) pressure air release orifice for operating pressures of 0-150 PSI (0-10,3 bars). Valve body shall be cast iron with stainless steel internal parts. Universal air release valves shall permit large quantities of air to automatically escape from the pipeline while it is being filled, and to permit air to enter the pipeline when the line is being emptied. The valve shall also allow accumulating air to escape while the pipeline is in operation and under pressure. 3.16 FLUSHING AND DRAIN VALVES A. Flushing and Drain Valves shall be of the size, type, configuration, and model called out in the Plans and Details. B. Flushing and Drain Valves shall be installed as indicated in the Plans and Construction Details. 3.17 PRESSURE REGULATING VALVES A. Pressure regulating/relief valves shall be of the size and type called out on the Plan. Connection of valves to mainline shall be as called for on the Plan. Valves shall conform to the following: (1) Pressure regulating/relief valves shall be globe pattern and normally open. A combination pressure regulatory and manual by-pass screw shall bleed internally, permitting pressure regulations during manual operations. The valve shall be set to the pressure indicated on the drawing at flow rates between 100 and 400 gpm when actuated manually. The valve size shall be per plans. The valve body, bonnet and regulator module shall be constructed from cast brass. All functional internal parts, springs, flow control stem, manual by-pass, bolts and solenoid tubes shall be stainless steel material. The flow control stem handle shall be brass. The diaphragm shall be sheet nylon reinforced Duna-N rubber with a burst test rating of 600 psi. The valve shall be totally serviceable from the top for routine servicing and repair,. if necessary, without removal from the line. The pressure regulating valve shall be a Buckner Model (VBPRA) Series, Cla-Val (#90G-01 and#50G-01) or approved equal. MATERIAL AND INSTALLATION 0701-17 3.18 VALVE BOXES A. Lateral isolation gate valves shall be accessible through a valve box and sleeve extension as indicated on the Plan and Construction Details. Valve box shall be installed at grade unless otherwise noted on the Plan. B. Gate valves.4" (100 mm) and larger shall be accessible through a valve box and sleeve extension as indicated on the Plan and Construction Details. Valve box shall be installed at grade unless otherwise noted on the Plan. C. Air relief, drain and flushing, and remote control valves shall be accessible through a valve box as indicated on the Plan and Construction Details. Valve box shall be installed at grade unless otherwise noted on the Plan. D. Pressure regulating valves shall be accessible through a pre-cast concrete vault with bolt down steel cover. The vault shall be of sufficient size to permit access for servicing of the unit. Concrete extensions shall be furnished as necessary to adjust the vault to grade unless otherwise noted on the Plan. 3.19 IRRIGATION EQUIPMENT A. All sprinklers, remote control valves, quick coupling valves, and control equipment shall be of manufacturer and model as indicated on the Plan. B. Valve-in-head sprinklers shall be set for pressure regulation as indicated by model number of the sprinkler or as indicated on the Plan. C. Equipment called for shall indicate a standard of performance and quality. Equivalent material will be considered. Acceptance will be at the discretion of the ENGINEER. Substitutions of manufacturer or model will not be permitted without specific prior approval. 3.20 INSTALLATION - MISCELLANEOUS A. Lateral pipe and wire shall be installed under asphalt or concrete by boring under the surface, and not by cutting. B. Communications wire installed on bridge crossings or in sleeves shall be installed in a separate conduit. Conduit installed above ground shall be UL listed galvanized steel. MATERIAL AND INSTALLATION 0701-18 3.21 INSPECTIONS A. The Contractor's work is subject to the following inspections during construction by the CITY and ENGINEER. (1) Leakage test for piping system. (2) Inspection for trench settlement or raising and for proper grade of sprinkler heads and valve boxes upon completion of installation. (3) Inspection for proper repair of installation damage to existing or newly laid sod, blacktop, concrete, grades, landscaping, etc. upon completion of installation. (4) Test of automatic operation of all equipment. All equipment must operate satisfactorily after completion of installation before final acceptance. (5) Contractor shall be responsible for scheduling and coordinating all inspections of the installation as required by local codes. (6) Contractor shall complete an operational test of the irrigation system with the ENGINEER present, prior to any planting. B. All tests and inspections must be passed satisfactorily before final acceptance of the system by the CITY. C. Certain tests and inspections may be waived by the ENGINEER. The Contractor still assumes responsibility for the quality of installation in accordance with the Plans and Specifications, regardless of whether or not that work is tested or inspected. 3.22 RECORDING OF AS-BUILT INFORMATION FOR RECORD DRAWINGS A. The Contractor shall be responsible' for installing the irrigation system as indicated on the Plan. The Contractor shall report all anticipated changes from the Plan to the ENGINEER. All changes or modifications to pipe or wire routing, controller or valve locations, and any additions or deletions of sprinklers shall be noted on an "As-Built" set of Plans. B. The Contractor shall be responsible for recording and maintaining "As- Built" information during the installation of the irrigation system. This information shall be used in the preparation of Record Drawings of the irrigation system as installed. C. This information shall be kept clean, dry and safe from damage, and shall be accessible on site to the CITY, the Customer site Superintendent, and ENGINEER at all times. The drawing shall be updated weekly prior to MATERIAL AND INSTALLATION 0701-19 the beginning of the next week's work. D. This information shall be recorded as called for on the Plan on sheet C-2 special notes"As-Builts". E. For As-Built information acquired by aerial photography, the marked aerial photograph shall be taken in accordance with specifications available from the ENGINEER. Any aerial photograph produced in any other manner may be rejected at the discretion of the ENGINEER. 3.23 FINAL ADJUSTMENTS A. The Contractor shall make all necessary settings and adjustments of system components to comply with these Specifications and the operational requirements of the irrigation system. This will include but not be limited to pressure settings of all valves and regulators, rotational adjustments of part circle sprinklers, and adjustment of all part circle sprinklers to within 6" (15 cm) of demarcation lines of native planting areas, buildings, curbs, or other adjacent borders. B. The Contractor shall make final adjustments to grade of all sprinklers, quick coupling valves, junction boxes, and valve boxes unless otherwise provided for by the Plan or Installation Contract. Sprinklers set to final grade shall be level with surrounding terrain so as not to obstruct nozzle performance. END OF SECTION 1 MATERIAL AND INSTALLATION 0701-20 SECTION 15151 DOMESTIC AND RECYCLED WATER FACILITIES IDENTIFICATION PART1 -GENERAL A. Description This section describes materials and installation of domestic and recycled water facilities identification for pipe, valves, valve boxes, quick couplers, sprinklers and other pipeline appurtenances. All domestic water systems and appurtenances shall be identified as herein described. All recycled water systems shall be identified as herein described. All non-potable water systems shall be identified as herein described. B. Related Work Specified Elsewhere Summaryof Work: Section 01010. C. Submittals 1. Submit shop drawings on the following materials: warning tape, tags, labels and signs. 2. Submit shop drawing on identification sign including size, materials, verbiage, letter sizing, and colors. 3. Submit shop drawings on recycled water quick couplers, and irrigation valve covers. Both non-potable and recycled water quick couplers shall be ACME threaded connection but 1-inch and '/-inch, respectively. D. Warning Labels and Signs In all cases, the warning tape, tags, labels and signs must be approved prior to installation. Failure to receive prior approval may result in the Contractor removing such sign(s) and providing approved replacements. All costs shall be borne by the Contractor for the replacements. PART 2 - MATERIALS A. Recycled Water Pipe Identification For PVC pipe carrying recycled water: 1. Purple colored pipe marked with the wording "CAUTION: RECYCLED WATER, DO NOT DRINK" on opposite sides of the pipe. 2. The use of continuous lettering (message repeats a minimum of every three feet) on 3-inch minimum width purple tape with 1-inch black contrasting lettering bearing the continuous wording "CAUTION RECYCLED WATER— DO NOT DRINK" fastened DOMESTIC AND RECYCLED WATER FACILITIES IDENTIFICATION 15151 - 1 to the pipe with plastic adhesive tape banded around the pipe at no more than 5- foot intervals is an acceptable alternative to purple pipe. Identification tape must extend to all valve boxes and/or vaults and exposed piping. 3. Existing below-grade recycled water piping need not be marked unless the piping becomes exposed, such as during installation of new pipe or maintenance of existing pipe. The exposed section should be appropriately marked as recycled to the extent feasible. 4. All above-grade recycled water pipelines must be appropriately labeled and color- coded purple to differentiate recycled water pipelines from potable and non-potable water pipelines. If purple pipe is not used, recycled water pipelines may be wrapped with purple warning tape having the words "CAUTION RECYCLED WATER—DO NOT DRINK" visible in contrasting black letters. B. Potable Water Pipe Identification All potable water piping shall be installed with potable water identification. 1. Extruded blue-colored PVC pipe with continuous wording "CAUTION POTABLE WATER LINE BURIED BELOW" printed in contrasting lettering on opposite sides of the pipe. 2. As an alternative to blue-colored pipe, new potable water lines may be identified by continuous lettering (message repeats a minimum of every three feet) on 3-inch minimum width blue tape with 1-inch black or white lettering bearing the continuous wording "CAUTION POTABLE WATER LINE BURIED BELOW" fastened to the pipe with plastic adhesive tape banded around the pipe at no more than 5- foot intervals. Identification tape must extend to all valve boxes and/or vaults and exposed piping. 3. Existing below-grade potable water piping need not be marked unless the piping becomes exposed, such as during installation of new pipe or maintenance of existing pipe. The exposed section should be appropriately marked as potable to the extent feasible. 4. All above-grade potable water pipelines must be appropriately labeled and color- coded blue to differentiate potable water pipelines from recycled and non-potable water pipelines. Potable water pipelines may be wrapped with blue identification tape having the words "CAUTION POTABLE WATER LINE BURIED BELOW" visible in contrasting black or white letters. DOMESTIC AND RECYCLED WATER FACILITIES IDENTIFICATION 15151 - 2 C. Non-Potable Water Pipe Identification All non-potable water piping shall be installed with non-potable water identification. 1. New buried non-potable water lines must be identified by continuous lettering (message repeats a minimum of every three feet) on 3-inch minimum width yellow tape with 1-inch black or white contrasting lettering bearing the continuous wording "CAUTION NON-POTABLE WATER - DO NOT DRINK" fastened to the pipe with plastic adhesive tape banded around the pipe at no more than 5-foot intervals. Identification tape must extend to all valve boxes and/or vaults and exposed piping. 2. Existing below-grade non-potable water piping need not be marked unless the piping becomes exposed, such as during installation of new pipe or maintenance of existing pipe. The exposed section should be appropriately marked as non-potable to the extent feasible. 3. All above-grade non-potable water pipelines must be appropriately labeled and color-coded yellow to differentiate non-potable water pipelines from potable and recycled water pipelines. Non-potable water pipelines may be wrapped with yellow identification tape having the words "NON-POTABLE WATER - DO NOT DRINK" visible in contrasting black or white letters. D. Warning Tape Plastic warning tape shall be a linear low-density polyethylene or an inert plastic film specifically formulated for prolonged underground use. The minimum thickness shall be 4 mils and the overall width of the tape shall be 3-inches. Warning tape shall be as supplied by T. Christy Enterprises, Thor Enterprises, Inc., Griffolyn Co., Inc., Terra Tape, Division of Reef Industries, or approved equal. The color and wording of the warning tape shall be in accordance with the above requirements and the WateReuse Recycled Water Urban Irrigation User's Manual. The following are Christy's Part Number for each system: Recycled Water Identification — TA-ND-3-PRW; Potable Water Identification — TA-ND- 36W; Non-Potable Identification-TA-ND-3-YNPW;or approved equal. E. Warning Tape (Detectable) All PVC pipelines shall have a detectable warning tape placed in the trench 12-inches above the pipe. Plastic warning tape (detectable) shall be five-ply composition of ultra-high molecular weight, 100 percent virgin polyethylene or an inert plastic film specifically formulated for prolonged underground use and shall include a metallic substance that can be registered by a magnetic field location device. The minimum thickness shall be 4 mils and the overall width of the tape shall be 3-inches. Warning tape (detectable) shall be as supplied by T. Christy Enterprises, Thor Enterprises, Inc., Griffolyn Co., Inc., Terra Tape, Division of Reef Industries, or approved equal. The color of the tape shall be in accordance with the above requirements and the WateReuse Recycled Water Urban Irrigation User's Manual. DOMESTIC AND RECYCLED WATER FACILITIES IDENTIFICATION 15151 - 3 Potable Water Pipelines: Blue warning tape (detectable) with white or black lettering identifying the potable water pipeline. Lettering shall be a minimum of 1-inch high letters with the wording: "CAUTION POTABLE WATER LINE BURIED BELOW". Christy's Part Number TA-DT-3BPW or approved equal. Recycled Water Pipelines: Purple warning tape (detectable) with black lettering identifying the recycled water pipeline. Lettering shall be a minimum of 1-inch high letters with the wording: CAUTION: RECYCLED WATER, DO NOT DRINK. Christy's Part Number TA-DT-3PRW or approved equal. Non-Potable Water Pipelines: Yellow warning tape (detectable) with white or black lettering identifying the non-potable water pipeline. Lettering shall be a minimum of 1-inch high letters with the wording: "NON-POTABLE WATER - DO NOT DRINK". Christy's Part Number TA-DT-3YNPW or approved equal. F. Warning Tags. Warning tags shall be an inert plastic film or polyurethane specifically formulated for prolonged exposure. The warning tag shall incorporate an integral attachment neck and reinforced attachment hole. The size of the tag shall be 3" by 4" with a minimum thickness of 10 mils. Warning tags shall be attached with heavy-duty nylon fasteners. Warning tags shall be as supplied by T. Christy Enterprises or approved equal. Potable Water Identification: Warning tags shall be prepared on a blue field, and shall have the words: "POTABLE WATER" on one side and "AGUA PARA TOMAR" on the back side printed on the field in black letters. Minimum letter height shall be 1-inch. Christy's Part Number ID-MAX-B2-PW015 or approved equal. Recycled Water Identification: Warning tags shall be prepared on a purple field, and shall have the words: "WARNING RECYCLED WATER DO NOT DRINK" and "AVISO AGUA IMPURA NO TOMAR" on one side printed on the field in black letters and a the "Do Not Drink" logo on the back side. Minimum letter height shall be 1-inch. Christy's Part Number ID-MAX-P2-RC009 or approved equal. Non-Potable Water Identification: Warning tags shall be prepared on a yellow field, and shall have the words: "NON-POTABLE WATER for Irrigation Use Only Do Not Drink" on one side and "AGUA IMPURA Para Riego Solamente No Tomar" on the back side printed on the field in black letters. Minimum letter height shall be 1-inch. Christy's Part Number ID-MAX-Y2-NP012 or approved equal. G. Warning Labels Warning labels shall be a minimum 3.5 mil flexible vinyl base with a permanent acrylic adhesive backing on a 90# stayflat liner. Both the background and legend are printed with a UV cured vinyl ink. The entire decal shall be clear flood over-printed for superior weathering and UV protection. The size of the labels (decals) shall be 3.5" by 4.375" for controllers, 2.5" by 8.25" for pumping equipment, and 1.25" by 5.75" for potable water decals. Warning labels shall be as supplied by T. Christy Enterprises or approved equal. Domestic Water Identification: Warning labels shall be prepared on a blue field, and shall DOMESTIC AND RECYCLED WATER FACILITIES IDENTIFICATION 15151 - 4 have the words: "POTABLE WATER" printed on the Feld in black letters. Christy's Part Number ID-4300 or approved equal. Recycled Water Identification: Warning labels for pumping equipment shall be on purple field, and shall have the words: "Recycled Water Do No Drink No Tome EI Aqua" printed on the field in black letters. Christy's Part Number ID-4200 or approved equal. Warning labels for controllers shall be prepared on a purple field, and shall have the words: "Attention Controller Unit for Recycled Water Attencion Unidad Controladora del Aqua Recuperada" printed on the field in black letters. Christy's Part Number ID- 4100 or approved equal. Non-Potable Water Identification: Warning labels for the existing lake pump shall be on yellow field, and shall have the words: "Non-Potable Water" printed on the field in black letters. Warning labels for controllers shall be prepared on a yellow field, and shall have the words, "Attention Controller Unit for Non-Potable Water," "Attencion Unidad Controladora del Aqua Impura" printed on the field in black letters. Christy's specialty application marking labels or approved equal. H. Identification Signs Contractor shall install identification signs at the approximate locations shown on the plans. The signs shall be made of 1/16" thick (minimum) aluminum and its size shall be 18" wide by 24" high. The signs shall have a purple background and white lettering and artwork with rounded corners. The verbiage shall be: "RECYCLED WATER — DO NOT DRINK" and "AGUA RECICLADA NO BEBA EL AGUA" along with the "Do Not Drink" symbol as specified on Page 25 of the WateReuse Recycled Water Urban Irrigation User's Manual. Contractor shall submit the final verbiage including colors to the County for review and approval prior to ordering of the signs. The location of the sign will be determined in the field by the County or its representative. Christy's Part Number ID-Sign 4 (with modified verbiage) is an example. The Identification Signs may be mounted on poles, attached to fences, buildings or existing pole mounted signs with the location approved by the ENGINEER and the Customer site Superintendent. I. Sprinkler Labeling/Tags For sprinklers identified by the ENGINEER sprinkler risers shall be installed with either sprinkler warning labels/warning tags or riser markers as is appropriate for each situation. The riser markers shall be Christy's Model #5100 or approved equal. J. Valve/Irrigation Boxes All new valve or irrigation boxes shall be identified by these Specifications. This includes all manual valve boxes, electrical control valve boxes, and pressure reducing valve boxes. All valve or irrigation box covers on the Non Potable Water System shall be different than the covers on the Recycled Water Irrigation System. Existing valve boxes shall be identified and branded as shown on plans on sheet C-1; however warning tags are still required to be installed on each appurtenance. DOMESTIC AND RECYCLED WATER FACILITIES IDENTIFICATION 15151 - 5 Potable Water System: All existing valve boxes (gate valves, manual control valves or electrical control valves) found on the potable water system shall have a green cover or a concrete cover. If the existing cover is purple, the cover shall be removed and replaced with a green cover. In lieu of the above warning label, the Contractor may heat brand the plastic valve box cover with the words: "Potable Water". Existing concrete valve boxes will not require any additional exterior identification. Recycled Water System: All existing valve boxes (gate valves, manual control valves, electrical control valves or meter vaults)found on the recycled water irrigation system shall have a green cover. In lieu of removing the existing green cover and replacing with a purple cover, the Contractor will heat brand the cover with the words: "Recycled Water". Non-Potable Water System: All existing valve boxes (gate valves, manual control valves or electrical control valves) found on the non-potable water system shall have a green cover or a concrete cover. If the existing cover is purple, the cover shall be removed and replaced with a green cover. The Contractor shall heat brand the plastic valve box cover with the words: "Non-Potable Water". Existing concrete valve boxes will not require any additional exterior identification. PART 3 - EXECUTION A. Installation of Pipe Warning Tape Warning tapes shall be wrapped around the pipe continuously. The warning tape shall be installed continuously for the entire 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. B. Installation of Warning Tags All potable water and recycled water meters, pressure reducing valves, backflow devices, sprinkler control valves, gate valves, manual control valves, quick coupling valves, electrical control valves, strainers and hose bibs shall be tagged as described below. 1. Method of Attachment: Warning labels shall be firmly attached using heavy-duty nylon fasteners. 2. One warning tag shall be attached to each appurtenance as follows: attach to valve stem directly or with plastic tie wrap; attach to solenoid wire directly or with plastic tie wrap; attach to valve cover with existing valve cover bolt; or attach to the body of the relative appurtenance with a plastic tie-wrap. C. Installation of Warning Labels Warning labels (decals) shall be placed on all controllers and pumping equipment. -END OF SECTION- DOMESTIC AND RECYCLED WATER FACILITIES IDENTIFICATION 15151 -6 CITY OF SAN JUAN CAPISTRANO RECYCLED WATER CONVERSION IN BID PACKAGE 2 SAN JUAN CAPISTRANO, CA 92675 N� DRAWING INDEX GENERAL NOTES O1WA V,W NO. DWRIPTION 1, ALL WORK SHALL BE GONE IN ACCORDANCE WITH THE STANDAR SPECIFICATIONS FOR PUSUC WORKS I 0-1 TITLE SHEET,VICINITY MAP,GENERAL NOTES AMARINO INDEX CONSTRUCTION LATEST EDITION,ORANGE C"R STANDARD PLANS.GRAMM COUNTYER WATERWORKS STANDARD a i _ ID PLANS CITY OF SAN.ALAN CAPISTRMO STANDARD PLANS,THE RECYCLED WATER aIBNN IRRIGATION USER'S ] uNA 3 C- KEAELAP TINS NOTES AMD KCS,YAP MANUAL,AND COP"CODE RWIREMENTS. N y.. N CE-1 CAPISNANO ESTATES CONVERSION PLAN-1 S CE-2 CM TWANG ESTATES CONVENSON PLAN COUPLERS 1. NUiE:WERE ARE NO DRYR(INC WATER FOUNTAIN$LOCATED N M RECYCLED WATER USE AREAS B CE-3 CAPISTRMO ESTATES CONVERSION PLAN-J J. QUICK COUPLERS AND ELECTRICAL CONTROLLERS SIAL Y IDENTIFIED WITH THE PROPER TAGS AND LABELS. a :GRAN. T RN-1 RANCHO MADRINO CONVERSION PLAN-1 �1 ORANGE ,W 6 RM-] RANCHO MAORND CONKRSIDN PLAN-] 4 EXS1WC UNDERGROUND UTILITIES AIM SHOWN PER AVAILABLE RECORDS.THE CONTRACTOR Is REQUIRED TO �$ 9 RM-] RANCHO MADRIND CONVERSION PLAN-] VERIFY AID DOCUMENT ON AS-BUILT DRAWINGS THE ACTUAL LOCATION VINO ELEVATIONS N THE FIELD OF ALL ID RM-4 RANCHO MAORWO CONVERSION PLAN-N URLITES AND ALL POINTS OF CONNECTION.THE HELD ARFCARON(PoT 1HOlNG)STALL BE GOMPIEIEO PRIOR ,) TO THE COMMENCEMENT OF ANY MODIFICATIONS TO THE ORIOARON VS1EM. 1 MAR, ' N AIM AJ41N 1 SJ-I SAN JUAN HILLS CONVER90N PIAN-1 0tH 12 SJ-2 SAN JUAN HILLS CONVERSION PLAN-2ALL i3 513 SAN JUAN HILLS CONWRSIOY PUN-3 S. S SHALL BE THE INCLUDING SUBSTR OF THE CONTRACTOR ON TO LOCALE,VERIFY DFP T NSD LL IMA TH STRUCTURES, WRING NO EPL914G MI5,SHOWN W M PUNT 111E CONTRACTOR 514111 BEM M ENTIRE I4 -1 COC(PARK CONVERSION PIAN-t CAST OF REPAIRING OR REPLACING ANY OF SAID SIRUCTNES DAMAGED BY WY HEIR WTMD NIOSEd11ON i5 CP-1 CAC(PAIN CONVERSION PLAN-2 O'M MARK.ALL REPAIRS MO REPLACEMENTS SHALL BE DOE N ME PRESENCE OF THE INSPECTOR. M.aV1NOICN CGA �2 IR ME-I MAMMOTH EQUITIES CONVERSION PLAN-1 NOT IN SET g MAIN 1[41 - FRIES! COUNTY 17 FM-1 FLUDMASTEA CONVERSION PLAN-I(INT N SET) ) B. ALL LOCATIONS SHOW ON THE PLM FOR UTILITY LINES NAW BEEN TAKEN FROM AVAILABLE RECORDS AND RMPR 11 EM_' EMERITUS SENIOR UVIN CONVERSION PUN-1(NOT N SET) MINI COMPMTENESS OR CORRECTNESS AE IN NO WAY GUARMIEED. A[NFRM7 / IB F-1 .AILIANA FARMS CONWRSIOH PWI-"I(NOT W SET) 1. M CONTRACTOR SHALL ROTI`!UNDERGROUND SERVICE ALERT(USA)AT(BW)221-]6GD AND Nl PUBLIC 9C� NEAq/"�a Q 20 D-1 IMCATNN DETAILS UTIURY COMMIS AND GIBERS OF ALL PRIVATE FAQITIES AT LEAST TWO(2)WORKING DAYS N ADVANCE C 21 0-2 IRRIGATION DETAILS O'PERFORMING ANT WORK BARN SAD AREA S RECYCLED RATER SIGN SHALL BE INSTALLED AT LOCATIONS AGREEABLE TOM OWNER AND OCH"SIGNS MAY BE MOUNTED ON POLES,ATTA04M TO EYISRNO FENCES,BUILDINGS,OR ERSTNG PCLE MOUNTED SIGHS ti 9. ALL CONCRETE NST UCTI , M PROECI UNLESS B[ OTHER MIX PER STANDARD CALLED SPECIFICATIONS FOR PUBLIC �'M� QUOINS CONSTRUCTION,MANICY Ea TION,UNESS MOTHFH Ix 15 SPECIFICALLY CALLED OUT 10.PRIOR TO DEUMMING RECYCLED WATER TO THE SITECR S,A SUCCESSFUL OSS CONKCT04 AND COVERAGE PROJECT pANA� �' iA TEST NlL BE REQUIRED U71UZNG NON-POTABME WATER FROM M CITY 4 SM XAN CA NSTMNO'S VICINITY OISTIWTON SYSTNM.M FOLLOWING AQNCIES ARE MRIOPAND TO PARRCPAIE IN M WESTING:CITY OF SM AM CAPISTRANO.SITE REPRESENTARW,ORANGE COUNTY HEALTH CME AGENCY(OCICA),AND A GJS�o R REPRESEMTARVE FROM THE CITES ENGINEER.CONTRACTOR ILL BE IIEOAAM TO SEQEFEE THEN WORK TO ALLOW FOR M CROSS CONNECTION MD COVERAGE TESTS PRIOR TO PERFORMING M CONNECTION. 11.CONTRACTOR SHALL REPAIR MY BROKEN IRRIGATION LINES AND CONTROL RIES RESLILTIND FROM VICINITY MAP CONSTRUCTION ACRWTIES.EMSNREPLACED PER SOD SHALL BE REMOVED.CARED FOR,AND REPLAPER THE PROECT NOT TO SCALESPECIFICATION€ 12.M CONTRACTOR SHALL PREPARE A STORM WATER POLLUTION PREYMRON PLAN(S PPPi AND PROMOE TO M ENGINEER FWD QTY OM AIM SCAPISIRMO FOR SUBMISSION.M CONTRACTOR RILL O REQUIRED TO COMPLY NTH ALL MITIGATION AND MOWTORNG REQUMEMENTS OF M SWPPP. CONTACTS 13,NOTE:THERE ARE NO ABANDONED OR EMSTINO WELLS LOCATED N M RECYCLED WATER USE AREAS OWNER/SITE SUPERVISOR: ERAft.KIAN CAPISTRANO HOA WATER PURVEYOR: CITY OF SAN JUAN CAPISTRANO 32400 DELANTO PROPER"T MANAGER SAN ALANSCAP�STRANO,CA 12675 (949)481-0558 (949)493-1171 RANCHO MADRNA HOA ORANGE COUNTY HEALTH CARE AGENCY: JOHN BAMOCZI,(714)433-8285 GINA CATALANO MICHAEL K.FENNESSY,(714)433-6280 COMMUNITY MANAGER (949)833-09t9 CALIFORMA DEPARTMENT OF PUBLIC HEALTH: OLIVER PACLFICO N A_IAA NIIIS ESTATES MOA (714)558-4410 CIN OF SAN JUAN API IRAN $ GAVIN NUENN ENGINEER: 0.MICHAEL METTS VIKTINB ATRII!!f PROPERTY MANAGER DUDEK RECYCLED WATER CONVERSION (949)465-2421 805 THIRO STREET BID PACKAGE 2 COC(LA NOVA PARK ENCINITAS,CA 92024 (760)942-5147 TITLE SHEET,VICIWTY MAP,GENERAL NOTES, ABBREVIATIONS AND DRAWING INDEX DUDEK qM�M�.��,GfONMN �„qA CQ KN MN JR,N5C °11E' aslr-cvA®,aD """•. 1C wM Im INMM<w RORaOR Mw.IIwI. G-1 CONSTRUCTION NOTES EXISTING IRRIGATION EQUIPMENT T W$TALL RECYCLED WATER IDENTInCATION LABELS ON ALL 1C aukN couPUNc VALVE,T/N' IRRIGATION CONTROLLERS AS REOUYED HEREON. . 1. INSTALL RECYCLED WATER KIENVICAPON TAUS W ALL EXISTING ti CONTROL AERATE CVALVE INCLUDING RECYCLED WATER APPURTENANCES INCLUOWRIGTIW GATE ow VALVE VALVES, IAWAL CONTROL VALVES,AW/VACUUTA RELEASE IF 1 CA AEDU0 /XLkEF A S.A D QUICK PRESSURE ANGLE VALVE W/AUTDNAPC ACTUATOR REOUIRED MEUEO VALVES,AND OSCE CATER D VALVES AS `' ` REOUIRFD IBTEON.W9TALL RECYCLED PURINA EENIHkAPW .. TAOS W ALL EASING RECYCLED WATER METERS VALVES AOO 0 IRINGAINW CONTROLLER AND TOME!PUNIER h°E r f f,T at CQVTItOLERS AS REQUIRED MEADOW. Ei LATERAL ISOLATION VALVE(MANUAL) 3. RECYCLED WATER SIGNS SMALL K INSTALLED AT LOCATMI6 AGREEABLE TO THE OOICA AND(SYPH.410N4 WAY SE WINRO A rir" V W PGLER ATTACHED Ip EMITTING PERM,BUIDNGS OR i YANIWE GALE VALVE-RESILIENT AImGE EMITTING POE MOUNTED DWS T I BME�fT ,c Z. PRLBIIIE REORATWO RELIEF VALVE S. I43TALL RKGYOED WATER QAMCATDN W TME EMSTWO LAME MATER MINING EORNEMT AND ANNATEMAIMiY IMVERSAL MR/VACLMM RELEASE VALVE ,.8 NLD COIN I E[MYNCATMW N TAUS ALL VALESRO APFNO AS - REQUIRED MEAEON. 4 9ACMLoW PREVEHI[R ' 'V }' s:I�,YE,--•W, t^vr v e.'", S W9rAL1 POTABLE WATER MENTFICATMN TAGS W ALL EMSPMG 'ply! WATER METER # :"'� •,•... � K yy :P"'"� POTAME WAMETER!AIS MPO BAO(FLOW PIQVEMTER! D• �• TER Aro INOSE BIs AS R[OOR[O lENEW, L) TRANSFER PUMP �.,.n •A�. ,' 'I' _, a e t ♦A H. WASHING TAPES SHALL SE USIA WNL RKUME INSTALLED W EXPOSED CARRYING WARP. STAMMER ! A Got T. WARNING TAPES IML SE A MMNLMI OF S-ONOHES MSE AND I) FLOW SENSOR ASSEMBLY ,l SIBYL RUR CONTINUOUSLY FOR THE ENTRE LENGTH OF ALL CONSTANT PM SSUBE YAW LRE PIANO TIE rAK SMALL BE MASTER VALVE _ .. I' S� • �.., j to Y� wr ATTACHED TO INE TOP OF ME APE MIM PLASTIC TAPE BANOFO MOIRI ME TYMNNG CAPE MHO THE PIPE EVERY S o FEET W WIRE. r w D. COLOR TAPE FOO RECYCLED RATER ATEA HOT DRI N WMR MM THE MOS!*RCCIMCH IGH WATER DO NOT DRINK' IMPRINTED W ALL BE hWRH NOM LURAS BLACK W COLOR. LiRIMlR10 SHALL BE CONIPNIWH N1D P(pHAN[NT. ,t !. WARNING TAEOPOTABLE WATER SHALL BLUE W COLON NEW IRRIGATION EQUIPMENT MM 1E WORDS"CAUTION POTAME INMINIMUM i ' D . •^C "o;t-IMCMMalLemli!BMAOL IN CON.INTWTING 51ML BE RECYCLED WATER SOI CONTINUOUS AND PERYANEU. f 10.COLOR TAT FOR MOTMOGDE MILE SOIL BE OIIiN IM J •.� R�f�. - - e , -'r COLON WM THE MONO 'MON m ISLAE WATER DO NOT O YNG -A S LL K ONUNUI NSI D PERI ANENT.IN CQDR.RINHE/tNG !TALL R cWIIWMI!AND PERMANENT. - Ey?� '���/ . . I A r:`E _p i.; ;,r„t5,jsyE,t,,,,�EW c It.ALL ES,0 NI/VMM AMRELEASENO vOft ALL 0 Y .r+N 'we](' w�'+r VALVES aLIIOL DOURER!1W0 T09E BNS sMNi LIE MM PLASTIC TAGS. TIE TAG!SOIL K THE CODE AID h 4.y �, t CWTNN THE WORD!SPECIFIED IN TOTES]AND N ARM W EXISTING DOMESTIC WATER UNE BOM ENGLISH AND SPANISH. EXISTING FIRE PROTECTION S MVICE YNM LUNE TU.IT IS M RESPOMSiD1Y GF TIE CONTRACTOR TO PROUD[THE SC [MSTMo IIWIOAfgV YAW UIE SCHEDULE OF WORK. SCHEDULE OF WORK SOIL INDICATE THE OYER IN WHICH THE OFFERS SHALL BE CSMA ED BY • 4 .„r i �a}" '""^'"rte " r" .'9"" Y : ^ EMSNMQ RECYCLED WATER MN LEON@!NS ,: F SPECIAL NOTES:AS-GUILTS BarBMr®BNMNBMnrAODWaauAMRTRe j' -` SKOAL REQUIREMENTS FOR M-PUNW►ORMANON; T R[CD6m WATER TWHIBI/0 sIOR i 4 P'" 4. y _ 8 WE AS-SRT BASE PLANE PROMOS AFTER EACH STAKING MSIT OIIOATIOI CMTROIlEA3 __, - #. .r YE �: , SHALL BE USED ANI RECCISOM M AS-HILT INFORMATION. QIAOf OOIMIFRB __ y"`A+Yj! 3 V TYS APORYAIMI SMALL K MAINTAINED DAILY ODEON A COtSTDUCTION AND SMALL K AVAILABLE W SIR AT NL TIMES. ME As-MILT PLAN!MALL NM lE fIST1EDRMONTHLY POR 7K tlOA1KW VALVES -- H i,.k A V( iA7i ",�, 4; -• 'W- MEA COYA[TED ALONG THE PROOSS PAYMENT REQUEST. `. CONTACT THE UMM MM MY QUESTIONS REGARDING THE RECORDING OF THE AS-WILT INFORMATION. -'' •A� J 3 �` a te^ 9'r� " A '�' CONRACXR SMALL PROVIDE FAGONU OF ALL 9PR4MEA HEADS AND VALVE!PRIOR M CONSTRUCTION AND SHALL RECOS THESE `T.:'fid ' .Pk - ,R• T e YAWS W THE A4-WLR. _I 'JUAN CAPISTRANO KEY MAP Imo( HEOYOLED WAUR OONVERSM LOBO T.Bar ( 00 PAOKAOE Z LEGO",NOTES AND KEY MMP DUDEK IOGL'1MI MEr.Ir..NEr.rc.Rr �. T-PLh7M/ f�N,BN11N1Y1lYMN 10.AN Rt Lc MRB7 i I Y M a 4ermrlgl-fAry �•-� ...ver /� ^y sr m�e-mem-r Yr a.�..tw w nim maana d"Aa ox • i e L 9FrifldVd Nb I f1f I rz -i , r- ..l ', ,:v A_ TP1 tL,. i. C fie' y --.uA �llE. �.' 't'f Y' f• i yF T"1 R��, ♦ I J. .�I.EF�'(l� ►� 1Y"r ✓ �. •.• t �11 .�s,n � �Y� - ,0.,BY� +`"j's'�*/�Y �Ie aw.." °n y-. i'��1.prjs,, -•�ly,�'F �.�r' „� .9`.it t,,� •, ��^+„k��,,',�7p ,' M�n • ,i +.�, r .71 -T '�7� ''e sf t � y �14, 1+_ +/l ♦-+i 1���,y�-. 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SEE SHEET CE-1 Ir — 4r `` •k i SEM 6'R1� f�• a g at a .. .,. r M ' u v�� f or iv 7 , T! r _hd v I r�z t x�pl d�'% 1L M r n +* S V� .:j ,' . y SEE SHEET CE-3 E s Ewano DOMEsnc wAnrR uN[ [w91WC fIR[PROn?CTION sERNCE MAW UNE CITY OF SAN JUAN CAPISTRANO ' EXISMO NtlWIOM MAN LINE ' RL'OYOLEO WATER OONVERSION EAIS WO RECYCLED NATER MAN UNE EID PAOKAQ!Z GRAPHICSCALE IICANSTRANO ESTATES MINNOW—z scALE: r•.ev CONY[OM PLAN-2 DUDEK Y ma+� Man I; aRrl 1•�O-Iw-IOa Naw.M11.1rA�MP1 .5 � Lt[lS7MMS VV. ��=1:'i CO.qI NM RaD �1M s CE-2 j SEE SHEET CE-2 rt y $yam. �..a$Y. u '� . r N , ... ,•x� _ 71ik� k� r t; Al 16 TY a ENSRRC DOMESTIC WATER I E t OUSTING FRE PROI[CRpI SERVICE NNN UNE ENSTNG WRIGATIOM YNN UNE EMISTNG RECYCLED WATER NNN UNE CITY OF SAN JUAN CAPISTRANO RECYCLED WATER OONVERSM QPA"fic SME BID PACKAOS 2 y E® CAPISTRANO ESTATES CONVERSION PLAN.3 DUDEK r rRNINwrRWraR1I 1•ir�L7-� 1MfYf10IN1rfYMN LNC IS7WOl5 ��ZL C0.10.NN aE fC lM9T IraWr rr�w.m n '> """•', . 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