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13-1001_EAR ENGINEERING_ContractCONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this \ day of Q( \ , 2013, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and EAR Engineering, Construction & Support Services, 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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: San Juan Creek Road 12" Recycled Water Pipeline as delineated in the Plans and Specifications prepared by MBF, dated August 13, 2013. Work to include: the construction of 12" PVC recycled water pipeline, metering station, PRV station, 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: San Juan Creek Road 12" Recycled Water Pipeline. 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-2 Section 5. Time of Commencement and Completion. Contractor agrees to commence the Project within ten (1 0) calendar days from the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to completion within eighty (80) 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 One Thousand Dollars and No Cents ($1000.00) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 Five Hundred Thirteen Thousand, Five Hundred dollars and zero cents ($513,500) 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 five percent (95%) 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 five percent (95%) 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 five percent (5%) 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 (1 0) 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 required by Labor Code Section 1774 of the State of California. B. Forfeiture For Violation: CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-8 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. C. 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. D. 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. E. 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 seq.) 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 CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-9 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. F. 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 ( 1 00%) 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. CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-10 Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-11 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 Public Liability, in the form of either Comprehensive General Liability or Commercial General Liability written on a per-occurrence basis Automobile liability, including non-owned and hired vehicles In accordance with the Workers' Compensation Act of the State of California --Minimum of $1,000,000 $1,000,000, per occurrence, or alternatively, $1,000,000 aggregate, separate for this project. $1,000,000 per occurrence 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 CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-12 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 (1 0) 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 (1 0) 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 CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-13 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 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 CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-14 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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: To Contractor: Section 24. Counterparts. City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works and Utilities Director Ravindra P. Pendurthi EAR Engineering, Construction & Support Services 4097 Trail Creek Road Riverside, CA 92505 This Construction Contract may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 EAR Engineering, Construction and Support Services By: ____________ _ Ravindra P. Pendurthi, President and Secretary ATTEST: By: ____________ _ Maria Morris, City Clerk CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 8-17 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. APPROVED AS TO FORM: By: ____________ _ Hans Van Ligten, City Attorney CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 8-17 BID TO: CITY OF SAN JUAN CAPISTRANO 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 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: SAN JUAN CREEK ROAD 12" Recycled Water Main C.I.P. No. 13603 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 8 '.;2 d 13. Number 2. Date <6[2.8\ ~~ Number 3 Date q(a[tS. 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 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: FORM U-300 X08U.;)OCbid.wpo Nov 2001 By: __ ~~~~~~~(~S~ig~na~t~ur-e~)~~~~~--­ Title: President and Secretary BID (PROPOSAL) BID FORMS -PAGE 1 EXHIBIT A ADDENDUM NO. 2 TO THE PLANS, SPEClFlCA TlONS, AND BID FORMS FOR THE CONSTRUCTION OF THE SAN JUAN CREEK ROAD RECYCLED WATER PIPEUNE CIP 13603 August 28,2013 To: All Plan Holders From: The City of San Juan Capistrano Notice is hereby given to prospective bidders that the following changes, additions, and/or deletions are hereby made a part of the Plans and specifications to furnish, deliver, and install the SAN JUAN CREEK ROAD RECYCLED WATER PIPELINE as fully and completely as if the same were fully set forth therein. This Addendum No.2 shall form a part of the Contract Documents and take precedence of the original Contract Documents. The bid date and time published in the Contract Documents remain unchanged. Bidders shall acknowledge receipt of this Addendum No. 2 by signing and included in the addendum in the Contractor's bidding document package. THIS PAGE TO BE ATTACHED TO BIDDING DOCUMENTS. I have received Pages A l-1 through 2. Date Received by Bidder: e {z -e lr~ PAGE Al-l Environmental Assessment and Remediation Management, I1 By: dba EAR Engineering, Construction & Support Services 8!~7~~---- Bidder's Signature Ravindra P. Pendurthi, President and Secretary Typed or Printed Name ADDENDUM NO. 3 TO THE PLANS, SPECIFICATIONS, AND BID FORMS FOR THE CONSTRUCTION OF THE SAN JUAN CREEK ROAD RECYCLED WATER PIPELINE CIP 13603 August 30, 2013 To: All Plan Holders From: The City of San Juan Capistrano Notice is hereby given to prospective bidders that the following changes, additions, and/or deletions are hereby made a part of the Plans and specifications to furnish, deliver, and install the SAN WAN CREEK ROAD RECYCLED WATER PIPELINE as fully and completely as if the same were fully set forth therein. This Addendum No.3 shall form a part of the Contract Documents and take precedence of the original Contract Documents. The bid date and time published in the Contract Documents remain unchanged. Bidders shall acknowledge receipt of this Addendum No.3 by signing and included in the addendum in the Contractor's bidding document package. THIS PAGE TO BE ATTACHED TO BIDDING DOCUMENTS. I have received Pages A 1-1 through 2, and revised bid sheet Date Received by Bidder: PAGE Al-l Environmental Assessment and Remediation Management, In By: dba EAR Engineering, Construction & Support Services Bidder's Company Name ~~~~,~ Bidder's Signature Ravindra P. Pendurthi, President and Secretary Typed or Printed Name 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. Work to be Performed [./..ec:ln c J 2 __________________ __ 3 __________________ _ 4 __________________ __ 5. ____________________ _ 6. ____________________ ___ ? ______________________ _ 8. ____________________ _ FORM U-430 10U·430subs wpd Aug 2001 Contractor's License Number Subcontractor's Name & Address 717223 LIST OF SUBCONTRACTORS BID FORMS-PAGE 3 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California County of Riverside ) ) 55. ) 1, __ R_a_v_in_d_ra_P_._P_e_n_d_u_rt_h_i ___ __. being first duly sworn, deposes and says that he or she is Environmental Assessment and Remediation President and Secretarv of Management, Inc. , 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 shan 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, profrt, 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. FORM U-4l!O 11U-'l8Dcotwpd AIJ92001 Bidder Rzd.a P. Pe~urth; tz By Title President and Secretary Environmental Assessment and Remediation Management, Inc. Organization dba EAR En&ineering Construction & Suppon Services Address 4097 Trail Creek Rd. Riverside, CA 92505 NON-COLLUSION AFFIDAVIT BID FORMS -PAGE 4 State of California County of Riverside Subscribed and sworn to {or affirmed) before me on this __ day of September 5 , 20_R_, by-------------------------------------- Ravindra P. Pendurthi-----------------------------------------------------, proved to me on the basis of satisfactory evidence to be the person(¢) who appeared before me. BID BOND KNOW ALL MEN BY THESE PRESENTS, Environmental Assessment and Remediation Management, Inc. dba That EAR Engineering, Construction and Support Services, Inc. as Principal, and .::U:.:.:.S::..:·..::S:~::pe~c==ia::.:!ty.t..::.:ln~su::.;ra=:.:.n:::ce::...:::.Co::::m.:.:~P:::::a::..:.nvL-_________ as Surety, are held and firmly bound unto The City of San Juan Capistrano, hereinafter called the "Owner" in the sum of ---------- T.!-'e=:l.nw.P~e~rceQI.n~t.J.;(1:.:::0-'li%~) o=:l.f.!:.th.:::e..:.T~ota~I~B~idw.A~m~o:l::un:.::.l _____________________ 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: SAN JUAN CREEK ROAD 12" Recycled Water Main CIP NO. 13603 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 frxed by the court. SIGNED AND SEALED, this -----=2:.::.81h~------day of ----'-'A=ug=us:::.t _ ___,, 20 13 (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) FORM lJ-410 x12U ... 10bcnd.wpd Nov2001 (SEAl) ____________ ,(SEAL) ,-,-~~----:-~:---:-:-,----(SEAL) Environmental Assessment and Remediation Management, Inc. dba EAR Engineeeto/Se~~ (Principal) Insurance Com an (Signature) Tara Bacon, Attorney-in-Fact (Signeture) BID BOND (BID SECURITY FORM) BID FORMS -PAGE 5 ACKNOWLEDGMENT State of California County of San Diego On August 28, 2013 before me, Jamie Tofflemire. Notary Public, personally appeared Tara Bacon. who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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. • :e -• t $tT'bd'r1 •t r:@--. JAMIE TOFFLEMIRE '" COMM #1925947 n M.,. _ , -. NOTARY PUBLIC-CALIFORNIA~ . liJi SAN DIEGO COUNTY _. · -_ My Commission Expires I l-.. t<lf41Fil"•'• ~~~ARY18,201L, (Seal) ACKNOWLEDGMENT State of California County of Riverside on September 5, 2013 before me, Rosanne Anguiano, "Notary Public" (insert name and title of the officer) personally appeared -----Ravindra P. Pendurthi----------------------------------------------- who proved to me on the basis of satisfactory evidence to be the person(!1 whose name(1) is/aFe- subscribed to the within instrument and acknowledged to me that he/sR9.41:1ey executed the same in his/hefl#teir authorized capacity(ies), and that by his/hetltltetl signature~ on the instrument the person($), or the entity upon behalf of which the person{l$'1 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. ROSANNE ANGUIANO • Commission # 1945760 c Notary Public -California ~ ~ Riverside County .. ). • , • , .MJ toT'U· :xe'r:s ;uJ2}J~1 ;l (Seal) POWER OF ATTORNEY AMERICAN CONTRACfORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY ·U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a:£alifornia corporation, United States St,trety Company. a Maryland corporation and U.S. Specialty Insurance Company, ·a Texas corporation (collectively, the dcompanil!S"), do by these presents make, constitute and appoint: John R. Qualln, Tara Bacon, Kyle King, Dale Harshaw, Minna Huovila, or Geoffrey Shelton of San Diego, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and. stead, to~ecute.!lcknowledge and deliver any and aU bonds, recogniuutces, ~rtaldngs or other instruments or contracts .t'suretphip ~ilfdude riders, amendments, and consents of surety, P,.cwtdiug tbe bond penalty does not exceed · · ...pili•Four Million**** Dollars (S -.*4,000,000:00" ). This Power of Attorney shall expire without further action on December08, 2016. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secrelaly or any Assistant Secrelaly shall be and is hereby vested with full power and authocily to appoint any one or more suitable persons as Altomey(s)-in-Fact to represent and act for and en behalf of the Company subject to the following :. provisi011s: _ , , Attorney-in-FaclilliiT'be given full power and authority for and in the name of and on beh3iroftbe ColllPI!!ly; to execub!, acknowledge and deliver, any and all bonds, recogsizanas, Cimtrncts, agreements or indemnity and other conditional or obligatory Ulldertaki!J&s.-~luding · uy and all consents for the release of retUned percentages andfor final estimates on engineering and construction contracts, and any and all notices ilild documents canceling or terminating the Company's liability thereunder, and 81ly such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secrelaly. Be iJ Resolved, that the signature of any authorized officer 81ld seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of atf!lmey or ~te ~ fitcsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is a~ed. ~· · IN WITNESS WHEREOF, The Companies haVe causecffuis instrument to be signed and their corporate seals to be hereto affixed, this lOth day of December, 2012. AMERICAN CONTRACI'ORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY ::p..._ ~-{\:;;< .. Daniel P. Aguilar, Vice President State of California County of Los Angeles SS: On 1Oth day of December, 2012, before me, Vanessa Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERmRY under the laws of the State ofCalifomia that the fQregoing paragraph is true and correct. WITNESS my hand and official seal. · Signature ~~;J(" \i. vV\d'") (Seal) I, Jeannie Lee, Assistant Secretary of Amerit;:;in Contmc:tms Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certifY tbat the a~V¢ and foregoing is a true and correct copy of a Power of Attomey, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set Out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 28th day <lf Aueust , ..l.L_. · Corporate Seals Bond No. _ _..N-~-.I~A ~=--- Agency No. 2038 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. Environmental Assessment and Remediation Management, Inc. dba EAR Engineering. Construction & Support Servjces 4097 Trail Creek Rd. Riverside, CA 92505 CONTRACTOR'S Telephone Number: ( 951 ) ..:..32:;:..4_-:;:..80;...:6:..;;0 ________ ,Facsimile Number: ( 951 ) ~3.::24~-~8"'-'06,_1!...------- E-mail address rpendurthi@earmanagernent.com 3. CONTRACTOR'S License: Primary Classification _A _______________ _ State License Number(s) _7_08_7_4_8 _____________________ _ Supplemental License Classifications B. C8,CJO,Cl2, C20, C2J,C27,C33, C36, C46, HAZ, ASB 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety BB& T Insurance Services of California Address 750 B Street S 11 ite 2400 San Diego, CA 92101 Surety Company Agent _R_o_ck....::y_O_ua_l_in _________________ _ Telephone Numbers: Agent ( 619 ) 231-1010 Surety ( 619 ) _,23"'"1._-1.u0u1..._0 __ _ 5. Type of Firm (Individual, Partnership or Corporation): _'_s_' C_o_r_p_o_ra_ti_o_n _________ _ 6. Corporation organized under the laws of the State of: _c_a_lif_o_rn_i_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: Ravindra P. Pendurthi ....:P....:r....;e..:.s;..;:id:.;:.e....;nt.:...a:;;;n.:...d:.....:.S..:.e.:...cr...;;e..:.:ta.:...ry,__ ________ . ____ _ FORM li-420 x13U-420inlo.wpd Nov2001 BIDDER'S GENERAL INFORMATION BID FORMS-PAGE 6 BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: ~ 9. List at least three related projects of comparable size and complexity completed to date: Elsinore Valley Municipal 1. owner Water District Address 31315 Chaney St., Lake Elsinore, CA 92531 2. 3. Contact Larry Rein Class of work _A ___________ _ Phone~ 674-3146 Contract amount...::$;.:;3.:::.54.:..1.,.:._77~3::..:.·.:::.00~------ Project (951) 674-3146 Date completed _M___:ay:...._20_1_3 _______ _ Water Pressure Zone Pipeline Interconnection Owner City of Corona Contact Nelson Nelson Phone ~ ..:..7.:..36:....-.:..22=.:6:.:6:..__ __ _ Address 400 S. Vicentia Ave, Corona, CA 92882 Class of work ___.L::l.------------ Contract amount ,.$""2 ... 3""0""8...e.2<..~1,.,.5"-',0.o.O'--.----- Project (951} 736-2266 Date completed ..:.F..:e:..::b.;..;ru::.:a::..ryl-=..20:::..1.:...:3=---.----- Master's Dr. Reclaimed Waterline Elsinore Valley Municipal OwnerWater District Contact Larry Rein Phone Ulli.1..) ;:,!..67!..:4!....-~31.!.:4~6!..,_ __ _ Project e.sJ.) .....,6""74:::t.:-""3...L:14116.~...,_ __ _ Address 31315 Chaney St., Lake Elsinore, CA 92531 Class ofwork . ....:A~------·---­ Contract amount ~$~39~4.!.1·~'2~8~.0~0~------ Date completed February 2013 Extending Recycled Water to Five Sites 10. List the name and title of the person who will supervise full-time the proposed work for your firm: __ Superintendent, Shannon Stuart has (31) years of experience installing waterlines. 11. Is full-time supervisor an employee _X __ 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 x13U-420info.wpd Nov 2001 BIDDER'S GENERAL INFORMATION BID FORMS-PAGE 6 This is Page 1 of Exhibit 8 consisting of 2 pages, referred to in and made a part of the AGREEMENT between the OWNER and the' CONTRACTOR. BID SCHEDULE CIP NO. 13603 SAN JUAN CREEK ROAD 12" Recycled Water Main NO. ITEM DESCRIPTION l. Mobilization/Demobilization. 2. Furnish all labor, matelials a'"\d equipment for 12-inch PVC C900 Waterline and Appurtenances, Complete and Operational. 3. Furnish all labor, materials and equipment for 2-inch AirNac. Assembly and Appurtenances, Complete and Operational 4. Furnish all labor, materials and equipment for 4-inch Blow off Drain Assembly and Appurtenances, Complete and '--Operational 5. Furnish all labor, materials and equipment for 12-inch RW Gate Valve Complete and Operational 6. Furnish all labor, material and equipment for construction of new 8-inch PRV station with 4- inch by-pass on San Juan Creek Rd, including gmding, piping, valves, concrete slab, and all required appurtenances, complete and operational. 7. Furnish all labor, materials and equipment for Construction of Connection Points to the existing pipelines for 8-inch PRV station at San Juan Creek Rd, and all required appurtenances, Complete and FORM U-302 UN!T "RICE X09U-302omt."'1'd N0\12001 OperationaL UNIT OF MEASUR "' LS U' EA EA EA LS EA EST. UNIT QTY. PRICE tf~ DOO • &)0 -1 7.).. .()0 3,200 '(;oo ·c)~ 2 .... h~O- I .. ao ~ t.f~/).- .3. ,., (p ~ ~()tJ" / I o!.; . -;2, rtJO 2 ~ ITEM COST '1.5; ooo. 00 :.Z3D1 l/~O ·~ bO ~_;l-6D.- ,I ~~'t 6(){) .c.IS.. ~ ydo .c~o - -0!! ~' ?00 ,_ / ':J; hOu . o2.- UNIT PRICE BID SCHEDULE BID FORMS -PAGE 1 EXHIBIT B NO. ITEM DESCRIPTION 8. Furnish all labor, materials and equipment for construction of flow control and metering station and connection to the existing 8-inch SMWD Recycled Water Main, including grading piping, valves, flow meter, concrete pad, and all required appurtenances, Complete and Operational. 9. Furnish all labor, matclials and equipment for Construction of electricr.l and telemetry equipment per construction plan sheets E-1, E-2, E-3 and E-4 and specification and in accordance with the Santa Margarita Water District requirements including all required appurtenances, Complete and Operational. 10. Furnish all labor, materials and equipment for cut in to existing 8-inch recycled water main and construct removable !;pool per details, Complete and Operational :1. t:"rnish all labor, material and equip hi.-.~ <"~:r constn1ction of ·'\;·)"'-new 4-inch meterrrq;-,·.;;;:it:ltl and PRV rtation at La Pata a!ld · Vista Montana, including connection to existing pipes, grading, piping, valves-:, · concrete vaul• ::~ "'I required ~~~ .. ,.:n.ances, complete an~ r=~rpernt;oMJ. . . . ,..,..~,._.~~ "J-·'-FJ -" ....... ~~~ ... ~ .. .J •~ c.oo~•·· ""-"•, •· ..... 0 .. 14. City of .:;an Juan ( <~pistrann P W rn..-rc•achrnt·:•t Pcr.:nit 15. <ot!•1y ~f Orang,· r 'fiCl oac itmtlllt Pewit' FORM U-302 UNIT PRICE xoou.J02unit wpd Nov2C01 t I l UNIT OF MEASUR ' LS LS EA LS ,L~ I I L..> I.S }_ <; EST. UNIT ITEM QTY. PRICE COST • ' t) 5ft 060 .c:>_.!!?. ?7; (}00 - 1 ~B,m0 bB, DU).OC> 1 • do.) 7, rvv -~~~ ?,fbtJ -... .... - I - I - l I l I "" oo<.n J "~ r ·. · -l --J ••• 1 ' l $ S \3 1 S DO. OD UNIT 0 RICE BID SCHEDULE BID FORMS -PAGE 2 Execukd in Triplicate PERFORMANCE BOND Bond No. 1000844353 Premium: $15,405.00 KNOW ALL MEN BY THESE PRESENTS, Environmental Assessment and Remediation Management, Inc. That dba EAR Engineering, Construction & Support Services as Contractor, And U.S. Specialty 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: Five Hundred Thirteen Thousand Five Hundred and No/100ths------ 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: SAN JUAN CREEK ROAD 12" Recycled Water Main CIP NO. 13603 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 anyway 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. FORM U-610 x16U-610bond.wpd Nov 2001 ---=Se""p'""'te"'"m'""'b""er ___ , 20_13 ___ . (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) PERFORMANCE BOND AGREEMENT AND BONDS-PAGE 4 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: John R. Qualin, Tara Bacon, Kyle King, Dale Harshaw, Minna Huovila, or Geoffrey Shelton of San Diego, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Four Million**** Dollars ($ **4,000,000.00** ). This Power of Attorney shall expire without further action on December 08,2016. This Power of Attorney is granted under and by authority ofthe following resolutions adopted by the Boards of Directors ofthe Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the Pwsident and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter atlixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this lOth day of December, 2012. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals County of Los Angeles SS: On lOth day of December, 2012, before me, Vanessa Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 20th day of September , 2013 . Bond No. 1000844353 ~ Jeannie {e::siStl:nt Secretary Corporate Seals Agency No. 2038 Executed in Triplicate Bond No. 1000844353 Premium included in Performance Bond PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That U.S. Specialty 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: Five Hundred Thirteen Thousand Five Hundred and No/100ths------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: SAN JUAN CREEK ROAD 12" Recycled Water Main CIP NO. 13603 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 324 7-3252, 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 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 20th day of September 20 13 Environmental Assessment and Remediation Management, Inc. Contrac}9" gga EAR EwPering, Cons~:tion & ~uop~rt Services Surety~npyompa~ By ~~~ (/ ve.w{.,d By ~.Qct ~~ Title Po s t c!~-t ®4 St crt.-~ Title Tara Baron, A!tomey<n-Fact FORM U-620 x17U-620bond.wpd Nov 2001 (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) PAYMENT BOND AGREEMENT AND BONDS-PAGE 5 ACKNOWLEDGMENT State of California County of Riverside on September 24, 2013 before me, Rosanne Anguiano, "Notary Public" (insert name and title of the officer) personally appeared -----Ravindra P. Pendurthi----------------------------------------------- who proved to me on the basis of satisfactory evidence to be the person~) whose name(~) is/aFe subscribed to the within instrument and acknowledged to me that he/sAe#ftey executed the same in his/~ir authorized capacity(iQ&), and that by his/Aefftheir signature($) on the instrument the person(?'. or the entity upon behalf of which the person{)!) 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. (Seal) State of California County of San Diego ACKNOWLEDGMENT On September 20, 2013 before me, Jamie Tofflemire, Notarv Public, personally appeared Tara Bacon, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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. - @ JAMIE TOFFLEMIRE ...-COMM. #1925947 o 0 NOTARY PUBLIC-CALIFORNIA~ en SAN DIEGO COUNTY _. J My Commission Expires I FEBRUARY 18, 2015 (Seal) POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: John R. Qualin, Tara Bacon, Kyle King, Dale Harshaw, Minna Huovila, or Geoffrey Shelton of San Diego, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Four Million**** Dollars ($ **4,000,000.00** ). This Power of Attorney shall expire without further action on December 08, 2016. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved. that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this I Oth day of December, 2012. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals D77;~-~ 'd t ame . gu1 ar, Ice res1 en County of Los Angeles SS: On lOth day of December, 2012, before me, Vanessa Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of 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 mv hand and official seal. 11 .Q), . ,. · ;;~-;;;; .. , Signature \[ \;\AA.s:s=-(Seal) _,.._ -- "' ....... COIIIIY I • • • ' ' 1l Sar!J· fat'!t~ a. m,s I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions ofthe Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 20th day of September , ~~ Corporate Seals Bond No. __ 1_00--::c0=84=4_35_3_ Agency No. __ 2_0_3_8 __ Ci t y o f Sa n Ju a n Ca p i s t r a n o PU R C H A S E RE Q U I S I T I O N so 94 6 9 9 67 1 0 1 13 6 0 3 Fu n d De p t . / D i v Ob j e c t Pr o j e c t II Ve n d o r No . II 00 0 Co s t Ce n t e r [ NA M E S AN D AD D R E S S E S OF VENDORSCONTACTED ] A EA R EN G I N E E R I N G , CO N S T R U C T I O N & SUPPORT SERV 40 9 7 TR A I L CR E E K RO A D RI V E R S I D E , CA 92 5 0 5 B c Fu n d s Av a i l a b l e Pu r c h a s e Or d e r # De l i v e r y 11 3 2 4 0 0 Pa s e o Ad e l a n t o Ad d r e s s Sa n Ju a n Ca p i s t r a n o CA 92 6 7 5 A Qt y / U n i t OP - c : . ~ r i h T u u Un i t Pr i c e 1 I De s i g n , pe r m i t & co n s t r u c t ap p r o x 3, 3 0 0 li n e a r $5 1 3 , 5 0 0 . 0 0 fe e t of 12 " re c v c l e d wa t e r ma i n st a r t i n g at Sa n Ju a n Cr e e k Ro a d th r o u g h Bl e n h e i m Pa r k to co n n e c t at SM W D wa t e r ma i n at co r n e r of !o r t e g a an d An t o n i o Pa r k w a y B To t a l Un i t Pr i c e $5 1 3 , 5 0 0 . 0 0 J c Tot a ~ U n i t Price Total IS J C Co n t a c t (a n d ph o n e ex t . ) : IE r i c Ba u m a n x4 3 1 _ 2 Su b t o t a l $ 51 3 , 5 0 0 . 0 0 $ 0. 0 0 $ 0.00 Sa l e s Ta x $ 0. 0 0 $ 0. 0 0 $ 0.00 Sh i p p i n g $ 0. 0 0 $ 0. 0 0 $ 0.00 .. = : . . _ __ _ _ , To t a l -- ' A' / ~ _ $ 51 3 , 5 0 0 . 0 0 $ 0. 0 0 $ 0.00 1~ 7 ~ 0 l~ /. 1 7 r• p a r t m e n t "f j t f L - t i L !1 / W 3 tp • o v e d by. Date' { / (PLEASE PRINT) Lie# 72529 City of San Juan Capistrano 32400 Paseo Adelanto • San Juan Capistrano, CA 92675 Tel (949) 493-1171 • Fax (949) 493-1053 www.sanjuancapistrano.org BUSINESS LICENSE APPLICATION RETURN THIS FORM WITH FEE TO: City of San Juan Capistrano Business Uoense Division 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Business Name EAR Engineering, Construction & Support Services Phone ( ~ ) 324-8060 Location 4097 Trail Creek Rd. Riverside CA 92505 Address Cl!y S1a!e Zip Mailing Address _sam __ e_as---:abo=v:::e:------------------=~-------"?<S:-:-----~:::-:----.....,.;::---Adchss sutle# CitY State Zip Business Ownerfritle Ravindra P. Pendurthl Soc. Sec. No. 442·90-4898 ------------------------------------------------- Home Address 6109 Via Sabia, Anaheim Hills CA 92807 (~) 493-2575 ~P H~~~~~ooe~----Add.--S1818 Business is a D Sole Proprietorship · D Partnership lv'l Corporation (Ust all officers and titles) E-maJI rpendurthi@earmanagement.com _R_a_vl_n"'"dr __ a_P,..,.,P_e_n_d_urt_h_l_, P_r_e_si_d_en_t_a_n_d_S_e_c_re_tary--=-_,..,6,.,1 o...,s.,..-V_Ia_S_ab_ia_,_A_n_a_h_ei_m_H_i_lls_._c_A_92_8_o_7 __________ (~ l 493-2575 Name/ Tills Address Home Phone ~ ( ) ---N~a~~/T~We~--------------~MW==-~---------------------------------~--~p~~.------ Type of business (Give full description) General Contractor --------------------------------------------------------------------San Juan Creek Rd 12" Recycled Water Main CIP No. 13603 h . 9 f 20 / 2013 No. of employees 5 If business is located in San Juan, Operating date at t Is location __ __ __ approximate sq. footage of space o sq. ft. State Sales Tax No. 1756513 Federal Employer J.D. No. 33-0645971 ---------------------------- State Employer 1.0. No. 1756513 State Contractors license No. 708748 -------------------------------------------·-------------------(CONTRACTOR'S UCENSE #REQUIRED FOR VERIFICATION PURSUANT TO AB2823) PLEASE CHECK THE APPROPRIATE BOXES §New business Name of previous owner and business work for City y,. 1"'1 No. Do yoo ploo k> ""ldt? (RoqoWe• -of"' ~""'pt "''"'· 101 of-"· Um~ aod lo"""""'l Yes tf No Will you be vending from a vehicle? (Requires City Vendor Permit) DYes !til No Will business be conducted In your home? (Requires Home Occupation Permit if in City of San Juan Capistrano) PLEASE INDICATE FEES PAID (Refer to attached fee schedule) Base Fee ............................................................... . Application Processing Fee .. ~~-~(9.~~ .. o.f.~i-~ ..... . = $25.00 $11.30 No. of Professional Employees .............................. __ X $25.00 = No. of Non -Professional Employees ..................... _e ___ X 5.00 = ..:$30=.00"------ No. of Vending Machines ........................................ _____ x 1.00 : No. of Housing I Commercial Units ...................... ___ X 1.00 Home Occupation Permit ................................................. . No Fee = Other (Flat rate) Y!~~-~~~i~-~~~-~-~~.!.~.~J.~.':'.~~.':'.~.~~-~~-~~.!!~~1 ............... . $1.00 Sub Total .................................. . $62.30 Late Fees (If applicable) ............ . DCheck If you're interested In being contacted by the City for business promotions TOTAL AMOUNT DUE........... -$67.30 Your Business License will be issued under the provisions of Municipal Code Section 3·1.101.Sec. 4, Ordinance 171 requires the City License Collector to add the following penalties for failure to pay a Business License fee when due; fifty (50) percent of the Business Ucense fee on the thirtieth (30th) day of the month following the due date, an additional penalty of ten (1 0) percent shall be added on the 1st day of each month thereafter that such fee remains unpaid, provided the total amount of such penalty shall not exceed an amount equal to the amount of lhe Business License fee due. I hereby certify under penalty of perjury that I have read and understand the above statement Signature: ~ .:P /~-Date: 9/12/13 ---OFFICE USE ONLY------------.,--------------------- Received by ----------------------Date ______ _ D Zoning Approved __________ Denied ______ _ Receipt# ______ Amount _________ D Cash Reason ________________________________________ _ SIC Code D Check No. -----ORIGINAUADMINISTRATIVE SERVICE ENGINEERING, CONSTRUCTION & SUPPORT SERVICES Requested By: Melissa Perez CHECK REQUEST (All Fields Must Be Filled Out) Date: City of San Juan Capistrano Check Payable To: Amount: ----------·----------------- 9/1212013 $67.30 Street Address: 32400 Paseo Adelanto •!f Independent Contractor/Subcontractor, all of the requilaments City, State, Zip Code: San Juan Capistrano, CA 92675 949-493-1171 on the Contract Submittal must be met prior to this request. Phone & Fax No.: Contact Person: ---- Purpose: Business License Req'd Dateffime: 9/12/2013 -----·-----···------·------ Project Name: San Juan Creek Rd 12" Recyc~_ed Water Main TL Job#: 01-02-1593 Cost Code (if job related): Note: PLEASE PROVIDE BACK-UP AT TIME OF REQUEST OR WITHIN A WEEK . FOR TL ENTRY & AUDIT PURPOSES. Employee Signature: Date: Environmental As888sment and Remediation Mgmt, Inc 9/13/2013 \ · City of San Juna Capistrano Date Type Reference 9113/2013 Bill 2013-Business Lie Original Amt. 67.30 'Balance Due ~Discount ~\\ ~ ~ \\"0 Ch Amount \ W;s :~o-General 29702 644864 (S/13) 0\\~@ '0 \P ~~ 0~© San Juan C~2" Recycled Water Main 1111111111111111111 017851 4505 Payment 67.30 67.30 67.30 •• .·Rev 11111 TO: FROM: DATE: SUBJECT: 9/17/2013 011 City of San Jua Capistrano Supplementa .cJa Report Karen P. Brust, City Mrai c.. Keith VanDer Maaten, P .. , Public WJ<s t"! Utilities Direct~ Prepared by: Stephen Liao, Engineer Dv~.-. S . L_ September 17, 2013 Consideration of Construction Contract for the San Juan Creek Road Recycled Water Pipeline Project (CIP 13603) (EAR Engineering, Construction & Support Services) RECOMMENDATION: By motion, award a Construction Contract to EAR Engineering, Construction & Support Services for the San Juan Creek Road Recycled Water Pipeline project in the amount of $513,500. SITUATION: At the time of the posting of the September 17, 2013, City Council Agenda, the Utilities Commission had not taken action on a recommendation to the City Council. At its September 17, 2013, meeting the Utilities Commission took action to recommend that the City Council award a Construction Contract to EAR Engineering, Construction & Support Services for the San Juan Creek Road Recycled Water Pipeline project in the amount of $513,500. City of San J Age TO: Karen P. Brust, City ~n Capistrano port FROM: Keith Van Der Maaten, P.E., Public Works and Utilities Director Prepared by: Stephen Liao, Engineer DATE: September 17, 2013 9/17/2013 011 SUBJECT: Consideration of Construction Contract for the San Juan Creek Road Recycled Water Pipeline Project (CIP 13603) (EAR Engineering, Construction & Support Services) RECOMMENDATION: By motion, award a Construction Contract to EAR Engineering, Construction & Support Services for the San Juan Creek Road Recycled Water Pipeline project in the amount of $513,500. EXECUTIVE SUMMARY: The San Juan Creek Road Recycled Water Pipeline is a project to design, permit, and construct approximately 3,300 lineal feet of 12-inch recycled water main. The recycled water main will begin on San Juan Creek Road and go through the Rancho Mission Viejo Riding Park at San Juan Capistrano to connect to Santa Margarita Water District's (SMWD) recycled water main at the corner of Ortega Highway and Antonio Parkway. The plans and specifications were completed by MBF Consulting, Inc. and were advertised for bids on August 13, 2013. On September 5, 2013, the City received bids, and has tabulated the results below. Bidder Bid Amount EAR Engineering, Construction & Support Services $513,500 GCI Construction $555,500 Atlas-Allied, Inc. $574,095 Pro-Craft Construction, Inc. $579,400 Lonerock, Inc. $593,000 Charles King Company $665,500 GRFCO Inc. $670,000 DISCUSSION/ANALYSIS: The existing sources of recycled/ non-potable water are the City's Mission Well and recycled water purchased from Moulton Niguel Water District (MNWD). Due to City Council Agenda Report September 17, 2013 Page 2 of 2 deficiencies in the recycled water supply, potable water is used to augment the system. The connection to SMWD will provide additional supply and ensure supply reliability to all customers. FISCAL IMPACT: The budget for CIP 13603 is $850,000. These funds are included in the Proposition 50 Grant Agreement No. 07-542-550 Amendment No. 4, from the State of California. No additional budget appropriations are necessary at this time. Total Project Budget $ 850,000 Less: Total Costs Incurred and Encumbered $ 110,736 Construction Contract (EAR Engineering Construction & Support Services) $ 513,500 Remaining Balance $ 225,764 ENVIRONMENTAL IMPACT: The location of this project passes near sensitive resource areas within the Rancho Mission Viejo Riding Park at San Juan Capistrano. An initial study is being conducted by an environmental consultant to determine the best course of action to avoid or mitigate any environmental impacts. PRIOR CITY COUNCIL REVIEW: • On April 23, 2013, the City Council approved a Personal Services Agreement with MBF Consulting, Inc. for preparation of plans and specifications for the San Juan Creek Road Recycled Water Pipeline (CIP 13603). COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: • The Utilities Commission will review the approval of the Construction Contract with EAR Engineering, Construction & Support Services to construct the San Juan Creek Road 12" Recycled Water Pipeline at its September 17, 2013, regular meeting. Staff will prepare a supplemental report. NOTIFICATION: EAR Engineering, Construction & Support Services GCI Construction Atlas-Allied, Inc. Pro-Craft Construction, Inc. Lonerock, Inc. Charles King Company GRFCO Inc. ATTACHMENT(S): Attachment 1 -Construction Contract with EAR Engineering Construction & Support Services CONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this 181h day of September, 2013, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and EAR Engineering, Construction & Support Services, 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-1 Attachment 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: San Juan Creek Road 12" Recycled Water Pipeline as delineated in the Plans and Specifications prepared by MBF, dated August 13, 2013. Work to include: the construction of 12" PVC recycled water pipeline, metering station, PRV station, 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: San Juan Creek Road 12" Recycled Water Pipeline. 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 eighty (80) 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 8-3 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 8-5 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 One Thousand Dollars and No Cents ($1000.00) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 Five Hundred Thirteen Thousand, Five Hundred dollars and zero cents ($513,500) 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 8-7 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. 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. B. Forfeiture For Violation: CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-8 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. C. 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. D. 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. E. 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 seq.) 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 CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-9 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. F. 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 (1 00%) 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. CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-10 Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 8-11 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 Public Liability, in the form of either Comprehensive General Liability or Commercial General Liability written on a per-occurrence basis Automobile liability, including non-owned and hired vehicles In accordance with the Workers' Compensation Act of the State of California --Minimum of $1,000,000 $1,000,000, per occurrence, or alternatively, $1,000,000 aggregate, separate for this project. $1,000,000 per occurrence 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 CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.J.P. NO. 13603 AGREEMENT B-12 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 (1 0) 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 (1 0) 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 CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-13 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 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 CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-14 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. 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. CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-15 To City: To Contractor: CITY OF SAN JUAN CAPISTRANO City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works and Utilities Director Ravindra P. Pendurthi EAR Engineering, Construction & Support Services 4097 Trail Creek Road Riverside, CA 92505 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 8-16 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 EAR Engineering, Construction and Support Services By: _____________ _ Ravindra P. Pendurthi, President and Secretary ATTEST: By: ____________ _ Maria Morris, City Clerk APPROVED AS TO FORM: By: _____________ _ Hans Van Ligten, City Attorney CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-17 BID TO: CITY OF SAN JUAN CAPISTRANO 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 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter in to 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 spedfied or indicated in said Contract Documents entitled: SAN JUAN CREEK ROAD 12" Recycled Water Main C.I.P. No. 13603 Bidder accepts all of the terms and concfltions 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 tl..;2dt3 Number 2. Date <6{z.g\ ~~ Number 3 Date 9{a(1 ~ 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 further agrees to complete the Work required under the Contract Documents within the Contract Tlme 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: ___ 7-'--'-/ -r~/ '--~---- FORM U-300 X081J~d.wpd Nov 2001 Title: President and Secretary BID (PROPOSAL) BID FORMS -PAGE 1 EXHIBIT A ADDENDUM NO. 2 TO THE PLANS, SPECIFICATIONS, AND BID FORMS FOR THE CONSTRUCTION OF THE SAN JUAN CREEK ROAD RECYCLED WATER PIPELINE CIP 13603 August 28, 2013 To: All Plan Holders From: The City of San Juan Capistrano Notice is hereby given to prospective bidders that the following changes, additions, and/or deletions are hereby made a part of the Plans and specifications to furnish, deliver, and install the SAN JUAN CREEK ROAD RECYCLED WATER PIPELINE as fully and completely as if the same were fully set forth therein. This Addendum No.2 shall form a part of the Contract Documents and take precedence of the original Contract Documents. The bid date and time published in the Contract Documents remain unchanged. Bidders shall acknowledge receipt of this Addendum No.2 by signing and included in the addendum in the Contractor's bidding document package. THIS PAGE TO BE ATTACHED TO BIDDING DOCUMENTS. l have received Pages A l-1 through 2. Date Received by Bidder: PAGE AI-! Environmental Assessment and Remediation Management, 11 By: dba EAR Engineering, Construction & Support Services Bi~i~~-- Bidder's Signature Ravindra P. Pendurthi, President and Secretary Typed or Printed Name ADDENDUM NO. 3 TO THE PLANS, SPECIFICATIONS, AND BID FORMS FOR THE CONSTRUCTION OF THE SAN JUAN CREEK ROAD RECYCLED WATER PIPELINE CIP 13603 August 30,2013 To: All Plan Holders From: The City of San Juan Capistrano Notice is hereby given to prospective bidders that the following changes, additions, and/or deletions are hereby made a part of the Plans and specifications to furnish, deliver, and install the SAN JUAN CREEK ROAD RECYCLED WATER PIPELINE as fully and completely as if the same were fully set forth therein. This Addendum No.3 shall form a part of the Contract Documents and take precedence of the original Contract Documents. The bid date and time published in the Contract Documents remain unchanged. Bidders shall acknowledge receipt of this Addendum No.3 by signing and included in the addendum in the Contractor's bidding document package. THIS PAGE TO BE ATTACHED TO BIDDING DOCUMENTS. I have received Pages Al-l through 2, and revised bid sheet Date Received by Bidder: PAGE AI-! Environmental Assessment and Remediation Management, In By: dba EAR Engineering, Construction & Support Services Bidder's Company Name ~~~~ Bidder's Signature Ravindra P. Pendurthi, President and Secretary Typed or Printed Name INFORMATION REQUIRED OF BIDDER USTOFSUBCONTRACTORS As required under Section 4100, at seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the 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. Work to be Performed 2 ____________________ ___ 3. ____________________ __ 4 ____________________ _ 5 __________________ __ 6~------------------ ? ____________________ _ e. __________________ __ FORM U-430 10U·430subs wpd Aug2001 Contractor's License Number Subcontractor's Name & Address 7172Z3 LIST OF SUBCONTRACTORS BID FORMS-PAGE 3 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California County of Riverside } ) ss. ) I, __ R_a_vi_n_d_ra_P_. P_e_n_d_u_rt_h_i ___ ___. being first duly sworn, deposes and says that he or she is Environmental Assessment and Remediation President and Secretary of Management, Inc. 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; thatthe 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. FORM U-480 1lU-480Ccl.wpd Aug2001 Bidder By Title President and Secretary Environmental Assessmenl and Remediation Managemenl, Inc. Organization dba EAR Engineerim1. Construction & Suwort Se~ices Address 4097 Trail Creek Rd. Riverside, CA 92505 NON-COLLUSION AFFIDAVIT BID FORMS -PAGE 4 State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this __ day of September 5 , 20 ~. by -------------------------------------- Ravindra P. Pendurthi-----------------------------------------------------, proved to me on the basis of satisfactory evidence to be the person(¢) who appeared before me. BID BOND KNOW ALL MEN BY THESE PRESENTS, Environmental Assessment and Remediation Management, Inc. dba That EAR Engineering, Construction and Support Services, Inc. as Principal, and .::U:.:.:.S~·.:::S~pe::::CI:::::.a:::<!tyr...:l:.:.:ns::.::u.:.::ra::..::nce=.:C::.::o::..:;m:~:::Pa:::.n:..z.v _________ as Surety, are held and firmly bound unto The City of San Juan Capistrano, hereinafter called the "Owner" in the sum of ----------- ~~~n~P~e~rce~n~t~(1~0%~l~o~f~~e~T~o~ta~I~B~~Am~o~u~nt~---------------------------ooHa~ (not less !han 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ou~elves, our heirs, executo~. 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: SAN JUAN CREEK ROAD 12" Recycled Water Main CIP NO. 13603 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 obUgation shall be nun and void, othel'Wise 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 frxed by the court. SIGNED AND SEALED, this __ __:2:.:;8~::.:......------day of _ _.:...:A:::.~:ug.:us:::.:.t _ __,. 20 13 (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) FORM lJ-410 x12U..C10bond.wpd Ncv2001 (Sign~~ Tara Bacon. Attorney-in-Fact (Signature} BID BOND (BID SECURITY FORM) BID FORMS -PAGE 5 State of California County of San Diego ACKNOWLEDGMENT On August 28, 2013 before me, Jamie Tofflemire, Notary Public, personally appeared Tara Bacon, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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. (Seal) ACKNOWLEDGMENT State of California County of Riverside on September 5, 2013 before me, Rosanne Anguiano, "Notary Public" (insert name and title of the officer) personally appeared -----Ravindra P. Pendurthi-----------------------------------------------, who proved to me on the basis of satisfactory evidence to be the person(i1 whose name{1) is/afer subscribed to the within instrument and acknowledged to me that he/sRe/tl:ley executed the same in his/heF!tl=teir authorized capacity(ies'), and that by his/hen'tlietr signature~ on the instrument the person(~). or the entity upon behalf of which the person~ 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. (Seal) POWER OF ATTORNEY AMERICAN CONTRACfORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY ·U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Compall)', a California corporation, United States S.ety Company, a Maryland corporation and U.S. Specialty Insurance Company, ·a Texas corporation (coUectively, the "companies"), do by these presents make, constitute and appoint: John R. QuaHn, Tara Bacon, Kyle King, Dale Harshaw, Minna Huovila, or Geoffrey Shelton of San Diego, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, toi~ecure, tcknowledge and deliver any and aU bonds, recogniuulces, Ulldertakings or other instruments or contracts ef suretpriip ,., -ude riders, amendments, and consents of surety, prcnrtclhrg the hood penalty does not exceed . . .• • ··· ..,..•Four Million•••• Dollars (S ·••4,000,001);00" ). This Power of Attorney shall expire witho-ut further action on December08,2016. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and en behalf of the Company subject to the following pravisioes: , Attorney-in-Fact mar'be given full power and authority for and in the name of and on bemaFofthe ColfCIIJ!!IY; 1D execubr. acknowledge and deliver, any and all bonds, recogalzanas, ciintrncts, agreements or indemnity and other conditional or obligatory ~-'ticludlng ·any and all consents for the release of retained percentages and/or final estimales on ~neering and construction contracts, and any and all notices 8rid documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be II Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or ~ate lleaflils fAcsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertakillg to which it is atteehed. ~ , IN WITNESS WHEREOF, The Companies haVe caused trus instrument to be signed and their corporate seals to be hereto affixed. this lOth day of December, 2012. AMERICAN CONTRACI'ORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals Daniel P. Aguilar, Vice President County of Los Angeles SS: On lOth day of December, 2012, before me, Vanessa Wright. a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State ofCalifomia that the fQll!going paragraph is true and correct. WITNESS mv hand and official seal. - Signature (Seal) I, Jeannie Lee, Assistant Secretaty of Amerkan Contraalms Indemnity Company, United States Surety Company and: U.S. Specialty Insurance Company, do hereby certifY tbat the abo~ and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set oUt in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 28th day of Au~t , ...l.J.._. Corporate Seals Bond No. _ _..N'~-/"!-A=::-:::--­ Agency No. __ 2_0-'-38.:..-_ BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause Its rejection. 1. BIDDERICONTRACTOR'S Name and Street Address: 2. Environmental Assessment and Remediation Management, Inc. dba EAR Engineering. Construction & Support Services 4097 Trail Creek Rd. Riverside, CA 92505 CONTRACTOR'S Telephone Number: ( 951 ) :....3;....24_-_B_06;....0 ________ F,acsimile Number: ( 951 ) .!!3""'-24.:..·""'80,.,6....,1 ________ _ E-mail address rpendurthi@earmanagement.com 3. CONTRACTOR'S License: Primary Classification _A ______________ _ State License Number(s) _70.:...8.:...7_4..::8 ____________________ _ Supplemental License Classifications B. C8,C10,CI2, C20, C21 ,C27,C33, C36, C46, HAZ, ASB 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety BB& T Insurance Services of California Address 750 B Street, S1 1ite 2400 San Diego, CA 92101 Surety Company Agent_R_o_ck....:y:....O_u_al_in _______________ _ Telephone Numbers: Agent ( 619 ) 231-1010 Surety ( 619 } ""'23oLJ1c::.-1.u.Ou.1.lJ.O ___ _ 5. Type of Firm {Individual, Partnership or Corporation): _'_s'_C_o_r_p_o_ra_ti_o_n ______ . __ _ 6. Corporation organized under the laws of the State of: _c_a_lif_o_m_i_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: Ravindra P. Pendurthi ..;P~r:..::e;::s:.:id:..::e:.:...:n.:..t =an:.::d::....:::S.::e.:::cr:..::e:..::ta::..:ry.L-_____________ _ FORMIJ-420 ~13U-420inlo.wpd Nov2001 BIDDER'S GENERAL INFORMATION BID FORMS-PAGE 6 BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work:~ 9. List at least three related projects of comparable size and complexity completed to date: Elsinore Valley Municipal 1. Owner Water District Address 31315 Chaney St., Lake Elsinore, CA 92531 2. 3. Contact Larry Rein Class of work _A ___________ _ Phone~ 674-3146 Contract amount ..:;.$.;;..;35"-4'"'"7:....:7'-'3:..;.;.0""'0'-------- Project {951) 67 4-3146 Date completed _M_a...:y_2_0_1_3 ______ _ Water Pressure Zone Pipeline Interconnection Owner City of Corona Contact Nelson Nelson Phone~ -'-73.:...;6:....:-2:;;;;2:..;;.6.::..6 __ _ Address 400 S. Vicentia Ave, Corona, CA 92882 Class of work---'~---------- Contract amount ~$2 ... ..,.3~0&~2~15"'-'·.1.101-1.0 ____ _ Project (951) 736-2266 Date completed _F...:e...:b...;:ru...:a~ry~2:;.;0:..:1c::3 ____ _ Master's Dr. Reclaimed Waterline Elsinore Valley Municipal OwnerWater District Contact Larry Rein Phone U!§l) .::!.67.:.:4~-::..31.:.:4!:.l:6:.._ __ _ Project a51) ..,6u.Z.;;,;4;;..>.-3._.1""4.._6 ___ _ Address 31315 Chaney St., Lake Elsinore. CA 92531 Class ofwork._:A_:_ __________ _ Contract amount ..:::$.:::.3~94-'-''""'12::.;&"-'.-"'-00~--·--­ Date completed ..:..F~e:.:::b~ru::!::a:.!..ryL..:::20~1!.!:3~------ Extending Recycled Water to Five Sites 10. List the name and title of the person who will supervise full-time the proposed work for your firm: __ Superintendent, Shannon Stuart has (31) years of experience installing waterlines. 11. Is full-time supervisor an employee _X __ 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 xl3lJ.4201nh>.wpc! Nov2001 BIDDER'S GENERAL INFORMATION BID FORMS-PAGE 6 This is Page 1 of Exhibit B consisting of 2 pages, referred to in and made a part of the AGREEMENT between the OWNER and the CONTRACTOR. BID SCHEDULE CIP NO. 13603 SAN JUAN CREEK ROAD 12, Recycled WateJ" Main NO. ITEM DESCRIPTION l. Mobilization/Demobilization. 2. Furnish all labor, materials a'""d equipment for 12-inch PVC C900 Waterline and Appurtenances. Complete and Operational. 3. Furnish all labor, materials and equipment for 2-inch AirNac. Assembly and Appurtenances, Complete and Operational 4. Furnish all labor, materials and equipment for 4-inch Blow off Drain Assembly and Appurtenances, Complete and 1-Operational 5. Furnish all labor, materials and equipment for 12-inch RW Gate Valve Complete and Operational 6. Furnish all labor, material and equipment for construction of new 8-inch PRV station with 4- inch by-pass on San Juan Creek Rd, including grading, piping, valves, concrete slab, and all required appurtenances, complete and operational. 7. Furnish all labor, materials and equipment for Construction of Connection Points to the existing pipelines for 8-inch PRV station at San Juan Creek Rd, and all required appurtenances, Complete and Operational. FORM U·302 UNiT .RICE X09U·302"nil. wpd No" 2001 UNIT OF MEASUR LS LF EA EA EA LS EA EST. UNIT QTY. PRICE 'f§'", 000 -~ 1 7~ .cJO 3,200 c.t ;oo ·c)~ 2 .... h~O- j ao 31 '/~tJ.- ~- _ .. (p 'It :>CJ(). / I ,;2, yt)O • •::J..- 2 I ITEM COST <Is;· 000. 00 :;<. 3 0 I tf~O d)_!?.. .!)0 ~;t.6D. _.. ;I .;<II 6 0() • tlS.. 3/ v~~ -dO -- ·~ ~~ 5"""1)0 '::;I IP Of) . o2- UNIT PRICE BID SCHEDULE BID FORMS -PAGE 1 EXHIBIT B NO. ITEM DESCRIPTION 8. Furnish all labor, materials and equipment for construction of flow control and metering station and connection to the existing 8-inch SMWD Recycled Water Main, including grading piping, valves, flow meter, concrete pad, and all required appurtenances, Complete and Operational. 9. Furnish all labor, materials and equipment for Construction of electrical and telemetry equipment per construction plan sheets E-1, E-2, E-3 and E-4 and specification and in accordance with the Santa Margarita Water District requirements including all required appurtenances, Complete and Operational. 10. - Furnish all labor, materials and equipment for cut in to existing 8-inch recycled water main and construct removable !;pool per details, Complete and Operational : t. ~~!~~ all labor, material and eqUJprr'fi:.;o onstruction of new 4-in~h meter . ., ~l:'~~d PRV statiOn at La Pata and ·: [ Vista Montana, including connection to existing pipes, grading, piping, valv~;, -;<;:'!-" • • concrete va~:~~:~required a::-::;, Q~~ces, complete an~ f operational. -.._ ._ ~ ,., ,' •• ~ ~: • '' 'X, • ,._ J .. • ............... "".<v*'J ~;; ... ~..,.· ... ~ 14. Oty of San Jmm ( apistnmo P W F!k'roachmc:lit Pamit !5. C'ountyofOrang<" r'fK'1oacim~ Perrr-.it· -T UNIT OF MEASUR .. LS LS EA LS -L~~--I l L--' I.S J.S EST. QTY. 1 "j" 1 I l UNIT PRICE .. I. I ""~ n,.n ..... , ... ITEM COST ,,u ?~ (}00 - I -. J n-r ~ .. · $ s t 3 I s DO. VD lhl rkn:TI"v~d h\1'{ fkdH~ OOi ~0/tw--- FORU U-302 UNIT PRICE XC9U-J02unitwpd Nov2001 Dollar amount in written form UNIT PRICE BID SCHEDULE BID FORMS -PAGE 2 Christy Jakl From: Sent: To: Cc: Subject: Attachments: Betsy Dubois Friday, September 13, 2013 4:04 PM Maria Morris; Christy Jakl Ziad Mazboudi Emailed City_Agenda Notices-Creek Cleanup Proclamation Emailed City_Agenda Notices-Creek Cleanup Proclamation.doc Attached please find-Notification of Meeting of Potential Interest of the San Juan Capistrano City Council. Thank you, Betsy Dubois Administrative Specialist Utilities Department City of San Juan Capistrano 949-234-4414 1 {j,' / 6) Bids Opened Project Title Bid Opening Report _S_e_,_p_te_m_be_r_5_.:._, _2_0_13 ___________ at 3:00 San Juan Creek Road Recycled Water Pipeline Project (CIP 13603) p.m. Project Engineer _S_t_e..L_p_h_a_n_L_ia_o _____ _ Pre Bid Estimate $700,000.00 ---"------- Bidder Bid Amount Bid Bond/Addenda? $ 5~. Li{:lO. cO 'vj 1 2 t3 1. Pro-Craft Construction, Inc I IVlV .-t I I $ 5Y3 C{)Q.oo ~-l 1 2 3 2. Lonerock, Inc. I lt/lv]q 3. Atlas-Allied, Inc. $ c:-~·.:rt-f cq-v'G 0 1 ~. \~( I 1 ~3 IV y EAR Engineering, Construction & $ oO 'd 1 2 3 4. Support Services S\3 CCx:JD, lvV1vr 'I $ \.stQs, ceo. co ~' 1 2 f;3 / 5. Charles King Company I I IV' 0 $ L.,,J 1 2 ,3 (!1'6. GCI Construction, Inc. c;ys~_) ~,:) (_")':) . --4 I I 0V1trt 7. 8. Sign $ oc GRFCO Inc. li10 DOO. \{ I 1 ~L 3 J V IV cc: City Clerk Staff(3) Project Department (3) $ Date I I The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. 1 2 3 I I I NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO: FOR PUBLICATION ON: DOCUMENT TO BE PUBLISHED PROOF OF PUBLICATION: 0041125000 AUGUST 1, 2013 AUGUST 8, 2013 NOTICE INVITING BIDS-SAN JUAN CREEK ROAD RECYCLED WATER PIPELINE CONSTRUCTION PROJECT C.I.P. No. 13603 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 4) /J ~ AUTHORIZED BY: ~ , .J._.-{Pv/'-1 Maria Morris, City Clerk DATE: July 25, 2013 Date of Bid Opening -08/29/2013 Date(s) notice published Date affidavit received Date notice posted in designated posting places -08/01/2013 08/08/2013 -08/01/2013 NOTICE INVITING BIDS SAN JUAN CREEK ROAD RECYCLED WATER PIPELINE CONSTRUCTION PROJECT C.I.P. No. 13603 Notice is hereby given that sealed bids for SAN JUAN CREEK ROAD RECYCLED WATER PIPELINE CONSTRUCTION PROJECT (C.I.P. No. 13603) will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until 2:00 p.m. on Thursday, August 29, 2013 at which time they will be opened and read aloud. A set of paper Contract Documents will be available by 4:00pm on July 31, 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 July 31, 2013. Copies of Plans and Specifications may be purchased from Coastal Blue, Corp., 33091 Calle Perfecto, San Juan Capistrano, CA. 92675, (949)240-9911, www.coastalblue.com. For more information, please contact Eric Bauman, Utilities Engineer at (949) 487-4312. Dated: July 25, 2013 MARIA MORRIS, CITY CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA CONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this \ day of Q( \ , 2013, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and EAR Engineering, Construction & Support Services, 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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: San Juan Creek Road 12" Recycled Water Pipeline as delineated in the Plans and Specifications prepared by MBF, dated August 13, 2013. Work to include: the construction of 12" PVC recycled water pipeline, metering station, PRV station, 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: San Juan Creek Road 12" Recycled Water Pipeline. 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-2 Section 5. Time of Commencement and Completion. Contractor agrees to commence the Project within ten (1 0) calendar days from the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to completion within eighty (80) 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 One Thousand Dollars and No Cents ($1000.00) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 Five Hundred Thirteen Thousand, Five Hundred dollars and zero cents ($513,500) 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 five percent (95%) 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 five percent (95%) 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 five percent (5%) 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 (1 0) 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 required by Labor Code Section 1774 of the State of California. B. Forfeiture For Violation: CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-8 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. C. 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. D. 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. E. 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 seq.) 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 CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-9 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. F. 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 ( 1 00%) 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. CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-10 Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-11 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 Public Liability, in the form of either Comprehensive General Liability or Commercial General Liability written on a per-occurrence basis Automobile liability, including non-owned and hired vehicles In accordance with the Workers' Compensation Act of the State of California --Minimum of $1,000,000 $1,000,000, per occurrence, or alternatively, $1,000,000 aggregate, separate for this project. $1,000,000 per occurrence 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 CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-12 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 (1 0) 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 (1 0) 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 CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-13 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 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 CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-14 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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: To Contractor: Section 24. Counterparts. City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works and Utilities Director Ravindra P. Pendurthi EAR Engineering, Construction & Support Services 4097 Trail Creek Road Riverside, CA 92505 This Construction Contract may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 EAR Engineering, Construction and Support Services By: ____________ _ Ravindra P. Pendurthi, President and Secretary ATTEST: By: ____________ _ Maria Morris, City Clerk CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 8-17 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. APPROVED AS TO FORM: By: ____________ _ Hans Van Ligten, City Attorney CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 8-17 BID TO: CITY OF SAN JUAN CAPISTRANO 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 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: SAN JUAN CREEK ROAD 12" Recycled Water Main C.I.P. No. 13603 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 8 '.;2 d 13. Number 2. Date <6[2.8\ ~~ Number 3 Date q(a[tS. 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 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: FORM U-300 X08U.;)OCbid.wpo Nov 2001 By: __ ~~~~~~~(~S~ig~na~t~ur-e~)~~~~~--­ Title: President and Secretary BID (PROPOSAL) BID FORMS -PAGE 1 EXHIBIT A ADDENDUM NO. 2 TO THE PLANS, SPEClFlCA TlONS, AND BID FORMS FOR THE CONSTRUCTION OF THE SAN JUAN CREEK ROAD RECYCLED WATER PIPEUNE CIP 13603 August 28,2013 To: All Plan Holders From: The City of San Juan Capistrano Notice is hereby given to prospective bidders that the following changes, additions, and/or deletions are hereby made a part of the Plans and specifications to furnish, deliver, and install the SAN JUAN CREEK ROAD RECYCLED WATER PIPELINE as fully and completely as if the same were fully set forth therein. This Addendum No.2 shall form a part of the Contract Documents and take precedence of the original Contract Documents. The bid date and time published in the Contract Documents remain unchanged. Bidders shall acknowledge receipt of this Addendum No. 2 by signing and included in the addendum in the Contractor's bidding document package. THIS PAGE TO BE ATTACHED TO BIDDING DOCUMENTS. I have received Pages A l-1 through 2. Date Received by Bidder: e {z -e lr~ PAGE Al-l Environmental Assessment and Remediation Management, I1 By: dba EAR Engineering, Construction & Support Services 8!~7~~---- Bidder's Signature Ravindra P. Pendurthi, President and Secretary Typed or Printed Name ADDENDUM NO. 3 TO THE PLANS, SPECIFICATIONS, AND BID FORMS FOR THE CONSTRUCTION OF THE SAN JUAN CREEK ROAD RECYCLED WATER PIPELINE CIP 13603 August 30, 2013 To: All Plan Holders From: The City of San Juan Capistrano Notice is hereby given to prospective bidders that the following changes, additions, and/or deletions are hereby made a part of the Plans and specifications to furnish, deliver, and install the SAN WAN CREEK ROAD RECYCLED WATER PIPELINE as fully and completely as if the same were fully set forth therein. This Addendum No.3 shall form a part of the Contract Documents and take precedence of the original Contract Documents. The bid date and time published in the Contract Documents remain unchanged. Bidders shall acknowledge receipt of this Addendum No.3 by signing and included in the addendum in the Contractor's bidding document package. THIS PAGE TO BE ATTACHED TO BIDDING DOCUMENTS. I have received Pages A 1-1 through 2, and revised bid sheet Date Received by Bidder: PAGE Al-l Environmental Assessment and Remediation Management, In By: dba EAR Engineering, Construction & Support Services Bidder's Company Name ~~~~,~ Bidder's Signature Ravindra P. Pendurthi, President and Secretary Typed or Printed Name 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. Work to be Performed [./..ec:ln c J 2 __________________ __ 3 __________________ _ 4 __________________ __ 5. ____________________ _ 6. ____________________ ___ ? ______________________ _ 8. ____________________ _ FORM U-430 10U·430subs wpd Aug 2001 Contractor's License Number Subcontractor's Name & Address 717223 LIST OF SUBCONTRACTORS BID FORMS-PAGE 3 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California County of Riverside ) ) 55. ) 1, __ R_a_v_in_d_ra_P_._P_e_n_d_u_rt_h_i ___ __. being first duly sworn, deposes and says that he or she is Environmental Assessment and Remediation President and Secretarv of Management, Inc. , 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 shan 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, profrt, 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. FORM U-4l!O 11U-'l8Dcotwpd AIJ92001 Bidder Rzd.a P. Pe~urth; tz By Title President and Secretary Environmental Assessment and Remediation Management, Inc. Organization dba EAR En&ineering Construction & Suppon Services Address 4097 Trail Creek Rd. Riverside, CA 92505 NON-COLLUSION AFFIDAVIT BID FORMS -PAGE 4 State of California County of Riverside Subscribed and sworn to {or affirmed) before me on this __ day of September 5 , 20_R_, by-------------------------------------- Ravindra P. Pendurthi-----------------------------------------------------, proved to me on the basis of satisfactory evidence to be the person(¢) who appeared before me. BID BOND KNOW ALL MEN BY THESE PRESENTS, Environmental Assessment and Remediation Management, Inc. dba That EAR Engineering, Construction and Support Services, Inc. as Principal, and .::U:.:.:.S::..:·..::S:~::pe~c==ia::.:!ty.t..::.:ln~su::.;ra=:.:.n:::ce::...:::.Co::::m.:.:~P:::::a::..:.nvL-_________ as Surety, are held and firmly bound unto The City of San Juan Capistrano, hereinafter called the "Owner" in the sum of ---------- T.!-'e=:l.nw.P~e~rceQI.n~t.J.;(1:.:::0-'li%~) o=:l.f.!:.th.:::e..:.T~ota~I~B~idw.A~m~o:l::un:.::.l _____________________ 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: SAN JUAN CREEK ROAD 12" Recycled Water Main CIP NO. 13603 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 frxed by the court. SIGNED AND SEALED, this -----=2:.::.81h~------day of ----'-'A=ug=us:::.t _ ___,, 20 13 (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) FORM lJ-410 x12U ... 10bcnd.wpd Nov2001 (SEAl) ____________ ,(SEAL) ,-,-~~----:-~:---:-:-,----(SEAL) Environmental Assessment and Remediation Management, Inc. dba EAR Engineeeto/Se~~ (Principal) Insurance Com an (Signature) Tara Bacon, Attorney-in-Fact (Signeture) BID BOND (BID SECURITY FORM) BID FORMS -PAGE 5 ACKNOWLEDGMENT State of California County of San Diego On August 28, 2013 before me, Jamie Tofflemire. Notary Public, personally appeared Tara Bacon. who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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. • :e -• t $tT'bd'r1 •t r:@--. JAMIE TOFFLEMIRE '" COMM #1925947 n M.,. _ , -. NOTARY PUBLIC-CALIFORNIA~ . liJi SAN DIEGO COUNTY _. · -_ My Commission Expires I l-.. t<lf41Fil"•'• ~~~ARY18,201L, (Seal) ACKNOWLEDGMENT State of California County of Riverside on September 5, 2013 before me, Rosanne Anguiano, "Notary Public" (insert name and title of the officer) personally appeared -----Ravindra P. Pendurthi----------------------------------------------- who proved to me on the basis of satisfactory evidence to be the person(!1 whose name(1) is/aFe- subscribed to the within instrument and acknowledged to me that he/sR9.41:1ey executed the same in his/hefl#teir authorized capacity(ies), and that by his/hetltltetl signature~ on the instrument the person($), or the entity upon behalf of which the person{l$'1 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. ROSANNE ANGUIANO • Commission # 1945760 c Notary Public -California ~ ~ Riverside County .. ). • , • , .MJ toT'U· :xe'r:s ;uJ2}J~1 ;l (Seal) POWER OF ATTORNEY AMERICAN CONTRACfORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY ·U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a:£alifornia corporation, United States St,trety Company. a Maryland corporation and U.S. Specialty Insurance Company, ·a Texas corporation (collectively, the dcompanil!S"), do by these presents make, constitute and appoint: John R. Qualln, Tara Bacon, Kyle King, Dale Harshaw, Minna Huovila, or Geoffrey Shelton of San Diego, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and. stead, to~ecute.!lcknowledge and deliver any and aU bonds, recogniuutces, ~rtaldngs or other instruments or contracts .t'suretphip ~ilfdude riders, amendments, and consents of surety, P,.cwtdiug tbe bond penalty does not exceed · · ...pili•Four Million**** Dollars (S -.*4,000,000:00" ). This Power of Attorney shall expire without further action on December08, 2016. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secrelaly or any Assistant Secrelaly shall be and is hereby vested with full power and authocily to appoint any one or more suitable persons as Altomey(s)-in-Fact to represent and act for and en behalf of the Company subject to the following :. provisi011s: _ , , Attorney-in-FaclilliiT'be given full power and authority for and in the name of and on beh3iroftbe ColllPI!!ly; to execub!, acknowledge and deliver, any and all bonds, recogsizanas, Cimtrncts, agreements or indemnity and other conditional or obligatory Ulldertaki!J&s.-~luding · uy and all consents for the release of retUned percentages andfor final estimates on engineering and construction contracts, and any and all notices ilild documents canceling or terminating the Company's liability thereunder, and 81ly such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secrelaly. Be iJ Resolved, that the signature of any authorized officer 81ld seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of atf!lmey or ~te ~ fitcsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is a~ed. ~· · IN WITNESS WHEREOF, The Companies haVe causecffuis instrument to be signed and their corporate seals to be hereto affixed, this lOth day of December, 2012. AMERICAN CONTRACI'ORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY ::p..._ ~-{\:;;< .. Daniel P. Aguilar, Vice President State of California County of Los Angeles SS: On 1Oth day of December, 2012, before me, Vanessa Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERmRY under the laws of the State ofCalifomia that the fQregoing paragraph is true and correct. WITNESS my hand and official seal. · Signature ~~;J(" \i. vV\d'") (Seal) I, Jeannie Lee, Assistant Secretary of Amerit;:;in Contmc:tms Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certifY tbat the a~V¢ and foregoing is a true and correct copy of a Power of Attomey, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set Out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 28th day <lf Aueust , ..l.L_. · Corporate Seals Bond No. _ _..N-~-.I~A ~=--- Agency No. 2038 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. Environmental Assessment and Remediation Management, Inc. dba EAR Engineering. Construction & Support Servjces 4097 Trail Creek Rd. Riverside, CA 92505 CONTRACTOR'S Telephone Number: ( 951 ) ..:..32:;:..4_-:;:..80;...:6:..;;0 ________ ,Facsimile Number: ( 951 ) ~3.::24~-~8"'-'06,_1!...------- E-mail address rpendurthi@earmanagernent.com 3. CONTRACTOR'S License: Primary Classification _A _______________ _ State License Number(s) _7_08_7_4_8 _____________________ _ Supplemental License Classifications B. C8,CJO,Cl2, C20, C2J,C27,C33, C36, C46, HAZ, ASB 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety BB& T Insurance Services of California Address 750 B Street S 11 ite 2400 San Diego, CA 92101 Surety Company Agent _R_o_ck....::y_O_ua_l_in _________________ _ Telephone Numbers: Agent ( 619 ) 231-1010 Surety ( 619 ) _,23"'"1._-1.u0u1..._0 __ _ 5. Type of Firm (Individual, Partnership or Corporation): _'_s_' C_o_r_p_o_ra_ti_o_n _________ _ 6. Corporation organized under the laws of the State of: _c_a_lif_o_rn_i_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: Ravindra P. Pendurthi ....:P....:r....;e..:.s;..;:id:.;:.e....;nt.:...a:;;;n.:...d:.....:.S..:.e.:...cr...;;e..:.:ta.:...ry,__ ________ . ____ _ FORM li-420 x13U-420inlo.wpd Nov2001 BIDDER'S GENERAL INFORMATION BID FORMS-PAGE 6 BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: ~ 9. List at least three related projects of comparable size and complexity completed to date: Elsinore Valley Municipal 1. owner Water District Address 31315 Chaney St., Lake Elsinore, CA 92531 2. 3. Contact Larry Rein Class of work _A ___________ _ Phone~ 674-3146 Contract amount...::$;.:;3.:::.54.:..1.,.:._77~3::..:.·.:::.00~------ Project (951) 674-3146 Date completed _M___:ay:...._20_1_3 _______ _ Water Pressure Zone Pipeline Interconnection Owner City of Corona Contact Nelson Nelson Phone ~ ..:..7.:..36:....-.:..22=.:6:.:6:..__ __ _ Address 400 S. Vicentia Ave, Corona, CA 92882 Class of work ___.L::l.------------ Contract amount ,.$""2 ... 3""0""8...e.2<..~1,.,.5"-',0.o.O'--.----- Project (951} 736-2266 Date completed ..:.F..:e:..::b.;..;ru::.:a::..ryl-=..20:::..1.:...:3=---.----- Master's Dr. Reclaimed Waterline Elsinore Valley Municipal OwnerWater District Contact Larry Rein Phone Ulli.1..) ;:,!..67!..:4!....-~31.!.:4~6!..,_ __ _ Project e.sJ.) .....,6""74:::t.:-""3...L:14116.~...,_ __ _ Address 31315 Chaney St., Lake Elsinore, CA 92531 Class ofwork . ....:A~------·---­ Contract amount ~$~39~4.!.1·~'2~8~.0~0~------ Date completed February 2013 Extending Recycled Water to Five Sites 10. List the name and title of the person who will supervise full-time the proposed work for your firm: __ Superintendent, Shannon Stuart has (31) years of experience installing waterlines. 11. Is full-time supervisor an employee _X __ 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 x13U-420info.wpd Nov 2001 BIDDER'S GENERAL INFORMATION BID FORMS-PAGE 6 This is Page 1 of Exhibit 8 consisting of 2 pages, referred to in and made a part of the AGREEMENT between the OWNER and the' CONTRACTOR. BID SCHEDULE CIP NO. 13603 SAN JUAN CREEK ROAD 12" Recycled Water Main NO. ITEM DESCRIPTION l. Mobilization/Demobilization. 2. Furnish all labor, matelials a'"\d equipment for 12-inch PVC C900 Waterline and Appurtenances, Complete and Operational. 3. Furnish all labor, materials and equipment for 2-inch AirNac. Assembly and Appurtenances, Complete and Operational 4. Furnish all labor, materials and equipment for 4-inch Blow off Drain Assembly and Appurtenances, Complete and '--Operational 5. Furnish all labor, materials and equipment for 12-inch RW Gate Valve Complete and Operational 6. Furnish all labor, material and equipment for construction of new 8-inch PRV station with 4- inch by-pass on San Juan Creek Rd, including gmding, piping, valves, concrete slab, and all required appurtenances, complete and operational. 7. Furnish all labor, materials and equipment for Construction of Connection Points to the existing pipelines for 8-inch PRV station at San Juan Creek Rd, and all required appurtenances, Complete and FORM U-302 UN!T "RICE X09U-302omt."'1'd N0\12001 OperationaL UNIT OF MEASUR "' LS U' EA EA EA LS EA EST. UNIT QTY. PRICE tf~ DOO • &)0 -1 7.).. .()0 3,200 '(;oo ·c)~ 2 .... h~O- I .. ao ~ t.f~/).- .3. ,., (p ~ ~()tJ" / I o!.; . -;2, rtJO 2 ~ ITEM COST '1.5; ooo. 00 :.Z3D1 l/~O ·~ bO ~_;l-6D.- ,I ~~'t 6(){) .c.IS.. ~ ydo .c~o - -0!! ~' ?00 ,_ / ':J; hOu . o2.- UNIT PRICE BID SCHEDULE BID FORMS -PAGE 1 EXHIBIT B NO. ITEM DESCRIPTION 8. Furnish all labor, materials and equipment for construction of flow control and metering station and connection to the existing 8-inch SMWD Recycled Water Main, including grading piping, valves, flow meter, concrete pad, and all required appurtenances, Complete and Operational. 9. Furnish all labor, matclials and equipment for Construction of electricr.l and telemetry equipment per construction plan sheets E-1, E-2, E-3 and E-4 and specification and in accordance with the Santa Margarita Water District requirements including all required appurtenances, Complete and Operational. 10. Furnish all labor, materials and equipment for cut in to existing 8-inch recycled water main and construct removable !;pool per details, Complete and Operational :1. t:"rnish all labor, material and equip hi.-.~ <"~:r constn1ction of ·'\;·)"'-new 4-inch meterrrq;-,·.;;;:it:ltl and PRV rtation at La Pata a!ld · Vista Montana, including connection to existing pipes, grading, piping, valves-:, · concrete vaul• ::~ "'I required ~~~ .. ,.:n.ances, complete an~ r=~rpernt;oMJ. . . . ,..,..~,._.~~ "J-·'-FJ -" ....... ~~~ ... ~ .. .J •~ c.oo~•·· ""-"•, •· ..... 0 .. 14. City of .:;an Juan ( <~pistrann P W rn..-rc•achrnt·:•t Pcr.:nit 15. <ot!•1y ~f Orang,· r 'fiCl oac itmtlllt Pewit' FORM U-302 UNIT PRICE xoou.J02unit wpd Nov2C01 t I l UNIT OF MEASUR ' LS LS EA LS ,L~ I I L..> I.S }_ <; EST. UNIT ITEM QTY. PRICE COST • ' t) 5ft 060 .c:>_.!!?. ?7; (}00 - 1 ~B,m0 bB, DU).OC> 1 • do.) 7, rvv -~~~ ?,fbtJ -... .... - I - I - l I l I "" oo<.n J "~ r ·. · -l --J ••• 1 ' l $ S \3 1 S DO. OD UNIT 0 RICE BID SCHEDULE BID FORMS -PAGE 2 Execukd in Triplicate PERFORMANCE BOND Bond No. 1000844353 Premium: $15,405.00 KNOW ALL MEN BY THESE PRESENTS, Environmental Assessment and Remediation Management, Inc. That dba EAR Engineering, Construction & Support Services as Contractor, And U.S. Specialty 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: Five Hundred Thirteen Thousand Five Hundred and No/100ths------ 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: SAN JUAN CREEK ROAD 12" Recycled Water Main CIP NO. 13603 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 anyway 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. FORM U-610 x16U-610bond.wpd Nov 2001 ---=Se""p'""'te"'"m'""'b""er ___ , 20_13 ___ . (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) PERFORMANCE BOND AGREEMENT AND BONDS-PAGE 4 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: John R. Qualin, Tara Bacon, Kyle King, Dale Harshaw, Minna Huovila, or Geoffrey Shelton of San Diego, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Four Million**** Dollars ($ **4,000,000.00** ). This Power of Attorney shall expire without further action on December 08,2016. This Power of Attorney is granted under and by authority ofthe following resolutions adopted by the Boards of Directors ofthe Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the Pwsident and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter atlixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this lOth day of December, 2012. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals County of Los Angeles SS: On lOth day of December, 2012, before me, Vanessa Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 20th day of September , 2013 . Bond No. 1000844353 ~ Jeannie {e::siStl:nt Secretary Corporate Seals Agency No. 2038 Executed in Triplicate Bond No. 1000844353 Premium included in Performance Bond PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That U.S. Specialty 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: Five Hundred Thirteen Thousand Five Hundred and No/100ths------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: SAN JUAN CREEK ROAD 12" Recycled Water Main CIP NO. 13603 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 324 7-3252, 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 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 20th day of September 20 13 Environmental Assessment and Remediation Management, Inc. Contrac}9" gga EAR EwPering, Cons~:tion & ~uop~rt Services Surety~npyompa~ By ~~~ (/ ve.w{.,d By ~.Qct ~~ Title Po s t c!~-t ®4 St crt.-~ Title Tara Baron, A!tomey<n-Fact FORM U-620 x17U-620bond.wpd Nov 2001 (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) PAYMENT BOND AGREEMENT AND BONDS-PAGE 5 ACKNOWLEDGMENT State of California County of Riverside on September 24, 2013 before me, Rosanne Anguiano, "Notary Public" (insert name and title of the officer) personally appeared -----Ravindra P. Pendurthi----------------------------------------------- who proved to me on the basis of satisfactory evidence to be the person~) whose name(~) is/aFe subscribed to the within instrument and acknowledged to me that he/sAe#ftey executed the same in his/~ir authorized capacity(iQ&), and that by his/Aefftheir signature($) on the instrument the person(?'. or the entity upon behalf of which the person{)!) 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. (Seal) State of California County of San Diego ACKNOWLEDGMENT On September 20, 2013 before me, Jamie Tofflemire, Notarv Public, personally appeared Tara Bacon, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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. - @ JAMIE TOFFLEMIRE ...-COMM. #1925947 o 0 NOTARY PUBLIC-CALIFORNIA~ en SAN DIEGO COUNTY _. J My Commission Expires I FEBRUARY 18, 2015 (Seal) POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: John R. Qualin, Tara Bacon, Kyle King, Dale Harshaw, Minna Huovila, or Geoffrey Shelton of San Diego, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Four Million**** Dollars ($ **4,000,000.00** ). This Power of Attorney shall expire without further action on December 08, 2016. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved. that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this I Oth day of December, 2012. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals D77;~-~ 'd t ame . gu1 ar, Ice res1 en County of Los Angeles SS: On lOth day of December, 2012, before me, Vanessa Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of 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 mv hand and official seal. 11 .Q), . ,. · ;;~-;;;; .. , Signature \[ \;\AA.s:s=-(Seal) _,.._ -- "' ....... COIIIIY I • • • ' ' 1l Sar!J· fat'!t~ a. m,s I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions ofthe Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 20th day of September , ~~ Corporate Seals Bond No. __ 1_00--::c0=84=4_35_3_ Agency No. __ 2_0_3_8 __ Ci t y o f Sa n Ju a n Ca p i s t r a n o PU R C H A S E RE Q U I S I T I O N so 94 6 9 9 67 1 0 1 13 6 0 3 Fu n d De p t . / D i v Ob j e c t Pr o j e c t II Ve n d o r No . II 00 0 Co s t Ce n t e r [ NA M E S AN D AD D R E S S E S OF VENDORSCONTACTED ] A EA R EN G I N E E R I N G , CO N S T R U C T I O N & SUPPORT SERV 40 9 7 TR A I L CR E E K RO A D RI V E R S I D E , CA 92 5 0 5 B c Fu n d s Av a i l a b l e Pu r c h a s e Or d e r # De l i v e r y 11 3 2 4 0 0 Pa s e o Ad e l a n t o Ad d r e s s Sa n Ju a n Ca p i s t r a n o CA 92 6 7 5 A Qt y / U n i t OP - c : . ~ r i h T u u Un i t Pr i c e 1 I De s i g n , pe r m i t & co n s t r u c t ap p r o x 3, 3 0 0 li n e a r $5 1 3 , 5 0 0 . 0 0 fe e t of 12 " re c v c l e d wa t e r ma i n st a r t i n g at Sa n Ju a n Cr e e k Ro a d th r o u g h Bl e n h e i m Pa r k to co n n e c t at SM W D wa t e r ma i n at co r n e r of !o r t e g a an d An t o n i o Pa r k w a y B To t a l Un i t Pr i c e $5 1 3 , 5 0 0 . 0 0 J c Tot a ~ U n i t Price Total IS J C Co n t a c t (a n d ph o n e ex t . ) : IE r i c Ba u m a n x4 3 1 _ 2 Su b t o t a l $ 51 3 , 5 0 0 . 0 0 $ 0. 0 0 $ 0.00 Sa l e s Ta x $ 0. 0 0 $ 0. 0 0 $ 0.00 Sh i p p i n g $ 0. 0 0 $ 0. 0 0 $ 0.00 .. = : . . _ __ _ _ , To t a l -- ' A' / ~ _ $ 51 3 , 5 0 0 . 0 0 $ 0. 0 0 $ 0.00 1~ 7 ~ 0 l~ /. 1 7 r• p a r t m e n t "f j t f L - t i L !1 / W 3 tp • o v e d by. Date' { / Form W•9 (Rev. December 2011) Department of the Treasury lntemal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. C\1 Construction & & ~~--------~~----~~--------------~~-------------------------------------------------------,,-------------Check appropriate box for federal tax classification: 0 Individual/sole proprietor 0 C Corporation 0 S Corporation 0 Partnership 0 Trust/estate 0 Limited liability company. Enter the tax classification (C:C corporation, S=S corporation, P=partnership) ... -----------------------------··--i Exempt payee Requester's name and address (optional) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from l::fackup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of Here u.s. person.,. General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Date.,. 9/24/13 Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. Cat. No. 10231X Form W-9 (Rev. 12-2011) (PLEASE PRINT) Lie# 72529 City of San Juan Capistrano 32400 Paseo Adelanto • San Juan Capistrano, CA 92675 Tel (949) 493-1171 • Fax (949) 493-1053 www.sanjuancapistrano.org BUSINESS LICENSE APPLICATION RETURN THIS FORM WITH FEE TO: City of San Juan Capistrano Business Uoense Division 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Business Name EAR Engineering, Construction & Support Services Phone ( ~ ) 324-8060 Location 4097 Trail Creek Rd. Riverside CA 92505 Address Cl!y S1a!e Zip Mailing Address _sam __ e_as---:abo=v:::e:------------------=~-------"?<S:-:-----~:::-:----.....,.;::---Adchss sutle# CitY State Zip Business Ownerfritle Ravindra P. Pendurthl Soc. Sec. No. 442·90-4898 ------------------------------------------------- Home Address 6109 Via Sabia, Anaheim Hills CA 92807 (~) 493-2575 ~P H~~~~~ooe~----Add.--S1818 Business is a D Sole Proprietorship · D Partnership lv'l Corporation (Ust all officers and titles) E-maJI rpendurthi@earmanagement.com _R_a_vl_n"'"dr __ a_P,..,.,P_e_n_d_urt_h_l_, P_r_e_si_d_en_t_a_n_d_S_e_c_re_tary--=-_,..,6,.,1 o...,s.,..-V_Ia_S_ab_ia_,_A_n_a_h_ei_m_H_i_lls_._c_A_92_8_o_7 __________ (~ l 493-2575 Name/ Tills Address Home Phone ~ ( ) ---N~a~~/T~We~--------------~MW==-~---------------------------------~--~p~~.------ Type of business (Give full description) General Contractor --------------------------------------------------------------------San Juan Creek Rd 12" Recycled Water Main CIP No. 13603 h . 9 f 20 / 2013 No. of employees 5 If business is located in San Juan, Operating date at t Is location __ __ __ approximate sq. footage of space o sq. ft. State Sales Tax No. 1756513 Federal Employer J.D. No. 33-0645971 ---------------------------- State Employer 1.0. No. 1756513 State Contractors license No. 708748 -------------------------------------------·-------------------(CONTRACTOR'S UCENSE #REQUIRED FOR VERIFICATION PURSUANT TO AB2823) PLEASE CHECK THE APPROPRIATE BOXES §New business Name of previous owner and business work for City y,. 1"'1 No. Do yoo ploo k> ""ldt? (RoqoWe• -of"' ~""'pt "''"'· 101 of-"· Um~ aod lo"""""'l Yes tf No Will you be vending from a vehicle? (Requires City Vendor Permit) DYes !til No Will business be conducted In your home? (Requires Home Occupation Permit if in City of San Juan Capistrano) PLEASE INDICATE FEES PAID (Refer to attached fee schedule) Base Fee ............................................................... . Application Processing Fee .. ~~-~(9.~~ .. o.f.~i-~ ..... . = $25.00 $11.30 No. of Professional Employees .............................. __ X $25.00 = No. of Non -Professional Employees ..................... _e ___ X 5.00 = ..:$30=.00"------ No. of Vending Machines ........................................ _____ x 1.00 : No. of Housing I Commercial Units ...................... ___ X 1.00 Home Occupation Permit ................................................. . No Fee = Other (Flat rate) Y!~~-~~~i~-~~~-~-~~.!.~.~J.~.':'.~~.':'.~.~~-~~-~~.!!~~1 ............... . $1.00 Sub Total .................................. . $62.30 Late Fees (If applicable) ............ . DCheck If you're interested In being contacted by the City for business promotions TOTAL AMOUNT DUE........... -$67.30 Your Business License will be issued under the provisions of Municipal Code Section 3·1.101.Sec. 4, Ordinance 171 requires the City License Collector to add the following penalties for failure to pay a Business License fee when due; fifty (50) percent of the Business Ucense fee on the thirtieth (30th) day of the month following the due date, an additional penalty of ten (1 0) percent shall be added on the 1st day of each month thereafter that such fee remains unpaid, provided the total amount of such penalty shall not exceed an amount equal to the amount of lhe Business License fee due. I hereby certify under penalty of perjury that I have read and understand the above statement Signature: ~ .:P /~-Date: 9/12/13 ---OFFICE USE ONLY------------.,--------------------- Received by ----------------------Date ______ _ D Zoning Approved __________ Denied ______ _ Receipt# ______ Amount _________ D Cash Reason ________________________________________ _ SIC Code D Check No. -----ORIGINAUADMINISTRATIVE SERVICE ENGINEERING, CONSTRUCTION & SUPPORT SERVICES Requested By: Melissa Perez CHECK REQUEST (All Fields Must Be Filled Out) Date: City of San Juan Capistrano Check Payable To: Amount: ----------·----------------- 9/1212013 $67.30 Street Address: 32400 Paseo Adelanto •!f Independent Contractor/Subcontractor, all of the requilaments City, State, Zip Code: San Juan Capistrano, CA 92675 949-493-1171 on the Contract Submittal must be met prior to this request. Phone & Fax No.: Contact Person: ---- Purpose: Business License Req'd Dateffime: 9/12/2013 -----·-----···------·------ Project Name: San Juan Creek Rd 12" Recyc~_ed Water Main TL Job#: 01-02-1593 Cost Code (if job related): Note: PLEASE PROVIDE BACK-UP AT TIME OF REQUEST OR WITHIN A WEEK . FOR TL ENTRY & AUDIT PURPOSES. Employee Signature: Date: Environmental As888sment and Remediation Mgmt, Inc 9/13/2013 \ · City of San Juna Capistrano Date Type Reference 9113/2013 Bill 2013-Business Lie Original Amt. 67.30 'Balance Due ~Discount ~\\ ~ ~ \\"0 Ch Amount \ W;s :~o-General 29702 644864 (S/13) 0\\~@ '0 \P ~~ 0~© San Juan C~2" Recycled Water Main 1111111111111111111 017851 4505 Payment 67.30 67.30 67.30 •• .·Rev 11111 TO: FROM: DATE: SUBJECT: 9/17/2013 011 City of San Jua Capistrano Supplementa .cJa Report Karen P. Brust, City Mrai c.. Keith VanDer Maaten, P .. , Public WJ<s t"! Utilities Direct~ Prepared by: Stephen Liao, Engineer Dv~.-. S . L_ September 17, 2013 Consideration of Construction Contract for the San Juan Creek Road Recycled Water Pipeline Project (CIP 13603) (EAR Engineering, Construction & Support Services) RECOMMENDATION: By motion, award a Construction Contract to EAR Engineering, Construction & Support Services for the San Juan Creek Road Recycled Water Pipeline project in the amount of $513,500. SITUATION: At the time of the posting of the September 17, 2013, City Council Agenda, the Utilities Commission had not taken action on a recommendation to the City Council. At its September 17, 2013, meeting the Utilities Commission took action to recommend that the City Council award a Construction Contract to EAR Engineering, Construction & Support Services for the San Juan Creek Road Recycled Water Pipeline project in the amount of $513,500. City of San J Age TO: Karen P. Brust, City ~n Capistrano port FROM: Keith Van Der Maaten, P.E., Public Works and Utilities Director Prepared by: Stephen Liao, Engineer DATE: September 17, 2013 9/17/2013 011 SUBJECT: Consideration of Construction Contract for the San Juan Creek Road Recycled Water Pipeline Project (CIP 13603) (EAR Engineering, Construction & Support Services) RECOMMENDATION: By motion, award a Construction Contract to EAR Engineering, Construction & Support Services for the San Juan Creek Road Recycled Water Pipeline project in the amount of $513,500. EXECUTIVE SUMMARY: The San Juan Creek Road Recycled Water Pipeline is a project to design, permit, and construct approximately 3,300 lineal feet of 12-inch recycled water main. The recycled water main will begin on San Juan Creek Road and go through the Rancho Mission Viejo Riding Park at San Juan Capistrano to connect to Santa Margarita Water District's (SMWD) recycled water main at the corner of Ortega Highway and Antonio Parkway. The plans and specifications were completed by MBF Consulting, Inc. and were advertised for bids on August 13, 2013. On September 5, 2013, the City received bids, and has tabulated the results below. Bidder Bid Amount EAR Engineering, Construction & Support Services $513,500 GCI Construction $555,500 Atlas-Allied, Inc. $574,095 Pro-Craft Construction, Inc. $579,400 Lonerock, Inc. $593,000 Charles King Company $665,500 GRFCO Inc. $670,000 DISCUSSION/ANALYSIS: The existing sources of recycled/ non-potable water are the City's Mission Well and recycled water purchased from Moulton Niguel Water District (MNWD). Due to City Council Agenda Report September 17, 2013 Page 2 of 2 deficiencies in the recycled water supply, potable water is used to augment the system. The connection to SMWD will provide additional supply and ensure supply reliability to all customers. FISCAL IMPACT: The budget for CIP 13603 is $850,000. These funds are included in the Proposition 50 Grant Agreement No. 07-542-550 Amendment No. 4, from the State of California. No additional budget appropriations are necessary at this time. Total Project Budget $ 850,000 Less: Total Costs Incurred and Encumbered $ 110,736 Construction Contract (EAR Engineering Construction & Support Services) $ 513,500 Remaining Balance $ 225,764 ENVIRONMENTAL IMPACT: The location of this project passes near sensitive resource areas within the Rancho Mission Viejo Riding Park at San Juan Capistrano. An initial study is being conducted by an environmental consultant to determine the best course of action to avoid or mitigate any environmental impacts. PRIOR CITY COUNCIL REVIEW: • On April 23, 2013, the City Council approved a Personal Services Agreement with MBF Consulting, Inc. for preparation of plans and specifications for the San Juan Creek Road Recycled Water Pipeline (CIP 13603). COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: • The Utilities Commission will review the approval of the Construction Contract with EAR Engineering, Construction & Support Services to construct the San Juan Creek Road 12" Recycled Water Pipeline at its September 17, 2013, regular meeting. Staff will prepare a supplemental report. NOTIFICATION: EAR Engineering, Construction & Support Services GCI Construction Atlas-Allied, Inc. Pro-Craft Construction, Inc. Lonerock, Inc. Charles King Company GRFCO Inc. ATTACHMENT(S): Attachment 1 -Construction Contract with EAR Engineering Construction & Support Services CONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this 181h day of September, 2013, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and EAR Engineering, Construction & Support Services, 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-1 Attachment 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: San Juan Creek Road 12" Recycled Water Pipeline as delineated in the Plans and Specifications prepared by MBF, dated August 13, 2013. Work to include: the construction of 12" PVC recycled water pipeline, metering station, PRV station, 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: San Juan Creek Road 12" Recycled Water Pipeline. 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 eighty (80) 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 8-3 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 8-5 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 One Thousand Dollars and No Cents ($1000.00) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 Five Hundred Thirteen Thousand, Five Hundred dollars and zero cents ($513,500) 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 8-7 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. 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. B. Forfeiture For Violation: CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-8 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. C. 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. D. 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. E. 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 seq.) 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 CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-9 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. F. 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 (1 00%) 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. CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-10 Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 8-11 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 Public Liability, in the form of either Comprehensive General Liability or Commercial General Liability written on a per-occurrence basis Automobile liability, including non-owned and hired vehicles In accordance with the Workers' Compensation Act of the State of California --Minimum of $1,000,000 $1,000,000, per occurrence, or alternatively, $1,000,000 aggregate, separate for this project. $1,000,000 per occurrence 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 CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.J.P. NO. 13603 AGREEMENT B-12 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 (1 0) 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 (1 0) 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 CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-13 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 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 CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-14 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. 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. CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-15 To City: To Contractor: CITY OF SAN JUAN CAPISTRANO City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works and Utilities Director Ravindra P. Pendurthi EAR Engineering, Construction & Support Services 4097 Trail Creek Road Riverside, CA 92505 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 8-16 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 EAR Engineering, Construction and Support Services By: _____________ _ Ravindra P. Pendurthi, President and Secretary ATTEST: By: ____________ _ Maria Morris, City Clerk APPROVED AS TO FORM: By: _____________ _ Hans Van Ligten, City Attorney CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-17 BID TO: CITY OF SAN JUAN CAPISTRANO 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 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter in to 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 spedfied or indicated in said Contract Documents entitled: SAN JUAN CREEK ROAD 12" Recycled Water Main C.I.P. No. 13603 Bidder accepts all of the terms and concfltions 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 tl..;2dt3 Number 2. Date <6{z.g\ ~~ Number 3 Date 9{a(1 ~ 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 further agrees to complete the Work required under the Contract Documents within the Contract Tlme 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: ___ 7-'--'-/ -r~/ '--~---- FORM U-300 X081J~d.wpd Nov 2001 Title: President and Secretary BID (PROPOSAL) BID FORMS -PAGE 1 EXHIBIT A ADDENDUM NO. 2 TO THE PLANS, SPECIFICATIONS, AND BID FORMS FOR THE CONSTRUCTION OF THE SAN JUAN CREEK ROAD RECYCLED WATER PIPELINE CIP 13603 August 28, 2013 To: All Plan Holders From: The City of San Juan Capistrano Notice is hereby given to prospective bidders that the following changes, additions, and/or deletions are hereby made a part of the Plans and specifications to furnish, deliver, and install the SAN JUAN CREEK ROAD RECYCLED WATER PIPELINE as fully and completely as if the same were fully set forth therein. This Addendum No.2 shall form a part of the Contract Documents and take precedence of the original Contract Documents. The bid date and time published in the Contract Documents remain unchanged. Bidders shall acknowledge receipt of this Addendum No.2 by signing and included in the addendum in the Contractor's bidding document package. THIS PAGE TO BE ATTACHED TO BIDDING DOCUMENTS. l have received Pages A l-1 through 2. Date Received by Bidder: PAGE AI-! Environmental Assessment and Remediation Management, 11 By: dba EAR Engineering, Construction & Support Services Bi~i~~-- Bidder's Signature Ravindra P. Pendurthi, President and Secretary Typed or Printed Name ADDENDUM NO. 3 TO THE PLANS, SPECIFICATIONS, AND BID FORMS FOR THE CONSTRUCTION OF THE SAN JUAN CREEK ROAD RECYCLED WATER PIPELINE CIP 13603 August 30,2013 To: All Plan Holders From: The City of San Juan Capistrano Notice is hereby given to prospective bidders that the following changes, additions, and/or deletions are hereby made a part of the Plans and specifications to furnish, deliver, and install the SAN JUAN CREEK ROAD RECYCLED WATER PIPELINE as fully and completely as if the same were fully set forth therein. This Addendum No.3 shall form a part of the Contract Documents and take precedence of the original Contract Documents. The bid date and time published in the Contract Documents remain unchanged. Bidders shall acknowledge receipt of this Addendum No.3 by signing and included in the addendum in the Contractor's bidding document package. THIS PAGE TO BE ATTACHED TO BIDDING DOCUMENTS. I have received Pages Al-l through 2, and revised bid sheet Date Received by Bidder: PAGE AI-! Environmental Assessment and Remediation Management, In By: dba EAR Engineering, Construction & Support Services Bidder's Company Name ~~~~ Bidder's Signature Ravindra P. Pendurthi, President and Secretary Typed or Printed Name INFORMATION REQUIRED OF BIDDER USTOFSUBCONTRACTORS As required under Section 4100, at seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the 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. Work to be Performed 2 ____________________ ___ 3. ____________________ __ 4 ____________________ _ 5 __________________ __ 6~------------------ ? ____________________ _ e. __________________ __ FORM U-430 10U·430subs wpd Aug2001 Contractor's License Number Subcontractor's Name & Address 7172Z3 LIST OF SUBCONTRACTORS BID FORMS-PAGE 3 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California County of Riverside } ) ss. ) I, __ R_a_vi_n_d_ra_P_. P_e_n_d_u_rt_h_i ___ ___. being first duly sworn, deposes and says that he or she is Environmental Assessment and Remediation President and Secretary of Management, Inc. 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; thatthe 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. FORM U-480 1lU-480Ccl.wpd Aug2001 Bidder By Title President and Secretary Environmental Assessmenl and Remediation Managemenl, Inc. Organization dba EAR Engineerim1. Construction & Suwort Se~ices Address 4097 Trail Creek Rd. Riverside, CA 92505 NON-COLLUSION AFFIDAVIT BID FORMS -PAGE 4 State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this __ day of September 5 , 20 ~. by -------------------------------------- Ravindra P. Pendurthi-----------------------------------------------------, proved to me on the basis of satisfactory evidence to be the person(¢) who appeared before me. BID BOND KNOW ALL MEN BY THESE PRESENTS, Environmental Assessment and Remediation Management, Inc. dba That EAR Engineering, Construction and Support Services, Inc. as Principal, and .::U:.:.:.S~·.:::S~pe::::CI:::::.a:::<!tyr...:l:.:.:ns::.::u.:.::ra::..::nce=.:C::.::o::..:;m:~:::Pa:::.n:..z.v _________ as Surety, are held and firmly bound unto The City of San Juan Capistrano, hereinafter called the "Owner" in the sum of ----------- ~~~n~P~e~rce~n~t~(1~0%~l~o~f~~e~T~o~ta~I~B~~Am~o~u~nt~---------------------------ooHa~ (not less !han 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ou~elves, our heirs, executo~. 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: SAN JUAN CREEK ROAD 12" Recycled Water Main CIP NO. 13603 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 obUgation shall be nun and void, othel'Wise 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 frxed by the court. SIGNED AND SEALED, this __ __:2:.:;8~::.:......------day of _ _.:...:A:::.~:ug.:us:::.:.t _ __,. 20 13 (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) FORM lJ-410 x12U..C10bond.wpd Ncv2001 (Sign~~ Tara Bacon. Attorney-in-Fact (Signature} BID BOND (BID SECURITY FORM) BID FORMS -PAGE 5 State of California County of San Diego ACKNOWLEDGMENT On August 28, 2013 before me, Jamie Tofflemire, Notary Public, personally appeared Tara Bacon, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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. (Seal) ACKNOWLEDGMENT State of California County of Riverside on September 5, 2013 before me, Rosanne Anguiano, "Notary Public" (insert name and title of the officer) personally appeared -----Ravindra P. Pendurthi-----------------------------------------------, who proved to me on the basis of satisfactory evidence to be the person(i1 whose name{1) is/afer subscribed to the within instrument and acknowledged to me that he/sRe/tl:ley executed the same in his/heF!tl=teir authorized capacity(ies'), and that by his/hen'tlietr signature~ on the instrument the person(~). or the entity upon behalf of which the person~ 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. (Seal) POWER OF ATTORNEY AMERICAN CONTRACfORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY ·U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Compall)', a California corporation, United States S.ety Company, a Maryland corporation and U.S. Specialty Insurance Company, ·a Texas corporation (coUectively, the "companies"), do by these presents make, constitute and appoint: John R. QuaHn, Tara Bacon, Kyle King, Dale Harshaw, Minna Huovila, or Geoffrey Shelton of San Diego, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, toi~ecure, tcknowledge and deliver any and aU bonds, recogniuulces, Ulldertakings or other instruments or contracts ef suretpriip ,., -ude riders, amendments, and consents of surety, prcnrtclhrg the hood penalty does not exceed . . .• • ··· ..,..•Four Million•••• Dollars (S ·••4,000,001);00" ). This Power of Attorney shall expire witho-ut further action on December08,2016. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and en behalf of the Company subject to the following pravisioes: , Attorney-in-Fact mar'be given full power and authority for and in the name of and on bemaFofthe ColfCIIJ!!IY; 1D execubr. acknowledge and deliver, any and all bonds, recogalzanas, ciintrncts, agreements or indemnity and other conditional or obligatory ~-'ticludlng ·any and all consents for the release of retained percentages and/or final estimales on ~neering and construction contracts, and any and all notices 8rid documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be II Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or ~ate lleaflils fAcsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertakillg to which it is atteehed. ~ , IN WITNESS WHEREOF, The Companies haVe caused trus instrument to be signed and their corporate seals to be hereto affixed. this lOth day of December, 2012. AMERICAN CONTRACI'ORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals Daniel P. Aguilar, Vice President County of Los Angeles SS: On lOth day of December, 2012, before me, Vanessa Wright. a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State ofCalifomia that the fQll!going paragraph is true and correct. WITNESS mv hand and official seal. - Signature (Seal) I, Jeannie Lee, Assistant Secretaty of Amerkan Contraalms Indemnity Company, United States Surety Company and: U.S. Specialty Insurance Company, do hereby certifY tbat the abo~ and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set oUt in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 28th day of Au~t , ...l.J.._. Corporate Seals Bond No. _ _..N'~-/"!-A=::-:::--­ Agency No. __ 2_0-'-38.:..-_ BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause Its rejection. 1. BIDDERICONTRACTOR'S Name and Street Address: 2. Environmental Assessment and Remediation Management, Inc. dba EAR Engineering. Construction & Support Services 4097 Trail Creek Rd. Riverside, CA 92505 CONTRACTOR'S Telephone Number: ( 951 ) :....3;....24_-_B_06;....0 ________ F,acsimile Number: ( 951 ) .!!3""'-24.:..·""'80,.,6....,1 ________ _ E-mail address rpendurthi@earmanagement.com 3. CONTRACTOR'S License: Primary Classification _A ______________ _ State License Number(s) _70.:...8.:...7_4..::8 ____________________ _ Supplemental License Classifications B. C8,C10,CI2, C20, C21 ,C27,C33, C36, C46, HAZ, ASB 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety BB& T Insurance Services of California Address 750 B Street, S1 1ite 2400 San Diego, CA 92101 Surety Company Agent_R_o_ck....:y:....O_u_al_in _______________ _ Telephone Numbers: Agent ( 619 ) 231-1010 Surety ( 619 } ""'23oLJ1c::.-1.u.Ou.1.lJ.O ___ _ 5. Type of Firm {Individual, Partnership or Corporation): _'_s'_C_o_r_p_o_ra_ti_o_n ______ . __ _ 6. Corporation organized under the laws of the State of: _c_a_lif_o_m_i_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: Ravindra P. Pendurthi ..;P~r:..::e;::s:.:id:..::e:.:...:n.:..t =an:.::d::....:::S.::e.:::cr:..::e:..::ta::..:ry.L-_____________ _ FORMIJ-420 ~13U-420inlo.wpd Nov2001 BIDDER'S GENERAL INFORMATION BID FORMS-PAGE 6 BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work:~ 9. List at least three related projects of comparable size and complexity completed to date: Elsinore Valley Municipal 1. Owner Water District Address 31315 Chaney St., Lake Elsinore, CA 92531 2. 3. Contact Larry Rein Class of work _A ___________ _ Phone~ 674-3146 Contract amount ..:;.$.;;..;35"-4'"'"7:....:7'-'3:..;.;.0""'0'-------- Project {951) 67 4-3146 Date completed _M_a...:y_2_0_1_3 ______ _ Water Pressure Zone Pipeline Interconnection Owner City of Corona Contact Nelson Nelson Phone~ -'-73.:...;6:....:-2:;;;;2:..;;.6.::..6 __ _ Address 400 S. Vicentia Ave, Corona, CA 92882 Class of work---'~---------- Contract amount ~$2 ... ..,.3~0&~2~15"'-'·.1.101-1.0 ____ _ Project (951) 736-2266 Date completed _F...:e...:b...;:ru...:a~ry~2:;.;0:..:1c::3 ____ _ Master's Dr. Reclaimed Waterline Elsinore Valley Municipal OwnerWater District Contact Larry Rein Phone U!§l) .::!.67.:.:4~-::..31.:.:4!:.l:6:.._ __ _ Project a51) ..,6u.Z.;;,;4;;..>.-3._.1""4.._6 ___ _ Address 31315 Chaney St., Lake Elsinore. CA 92531 Class ofwork._:A_:_ __________ _ Contract amount ..:::$.:::.3~94-'-''""'12::.;&"-'.-"'-00~--·--­ Date completed ..:..F~e:.:::b~ru::!::a:.!..ryL..:::20~1!.!:3~------ Extending Recycled Water to Five Sites 10. List the name and title of the person who will supervise full-time the proposed work for your firm: __ Superintendent, Shannon Stuart has (31) years of experience installing waterlines. 11. Is full-time supervisor an employee _X __ 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 xl3lJ.4201nh>.wpc! Nov2001 BIDDER'S GENERAL INFORMATION BID FORMS-PAGE 6 This is Page 1 of Exhibit B consisting of 2 pages, referred to in and made a part of the AGREEMENT between the OWNER and the CONTRACTOR. BID SCHEDULE CIP NO. 13603 SAN JUAN CREEK ROAD 12, Recycled WateJ" Main NO. ITEM DESCRIPTION l. Mobilization/Demobilization. 2. Furnish all labor, materials a'""d equipment for 12-inch PVC C900 Waterline and Appurtenances. Complete and Operational. 3. Furnish all labor, materials and equipment for 2-inch AirNac. Assembly and Appurtenances, Complete and Operational 4. Furnish all labor, materials and equipment for 4-inch Blow off Drain Assembly and Appurtenances, Complete and 1-Operational 5. Furnish all labor, materials and equipment for 12-inch RW Gate Valve Complete and Operational 6. Furnish all labor, material and equipment for construction of new 8-inch PRV station with 4- inch by-pass on San Juan Creek Rd, including grading, piping, valves, concrete slab, and all required appurtenances, complete and operational. 7. Furnish all labor, materials and equipment for Construction of Connection Points to the existing pipelines for 8-inch PRV station at San Juan Creek Rd, and all required appurtenances, Complete and Operational. FORM U·302 UNiT .RICE X09U·302"nil. wpd No" 2001 UNIT OF MEASUR LS LF EA EA EA LS EA EST. UNIT QTY. PRICE 'f§'", 000 -~ 1 7~ .cJO 3,200 c.t ;oo ·c)~ 2 .... h~O- j ao 31 '/~tJ.- ~- _ .. (p 'It :>CJ(). / I ,;2, yt)O • •::J..- 2 I ITEM COST <Is;· 000. 00 :;<. 3 0 I tf~O d)_!?.. .!)0 ~;t.6D. _.. ;I .;<II 6 0() • tlS.. 3/ v~~ -dO -- ·~ ~~ 5"""1)0 '::;I IP Of) . o2- UNIT PRICE BID SCHEDULE BID FORMS -PAGE 1 EXHIBIT B NO. ITEM DESCRIPTION 8. Furnish all labor, materials and equipment for construction of flow control and metering station and connection to the existing 8-inch SMWD Recycled Water Main, including grading piping, valves, flow meter, concrete pad, and all required appurtenances, Complete and Operational. 9. Furnish all labor, materials and equipment for Construction of electrical and telemetry equipment per construction plan sheets E-1, E-2, E-3 and E-4 and specification and in accordance with the Santa Margarita Water District requirements including all required appurtenances, Complete and Operational. 10. - Furnish all labor, materials and equipment for cut in to existing 8-inch recycled water main and construct removable !;pool per details, Complete and Operational : t. ~~!~~ all labor, material and eqUJprr'fi:.;o onstruction of new 4-in~h meter . ., ~l:'~~d PRV statiOn at La Pata and ·: [ Vista Montana, including connection to existing pipes, grading, piping, valv~;, -;<;:'!-" • • concrete va~:~~:~required a::-::;, Q~~ces, complete an~ f operational. -.._ ._ ~ ,., ,' •• ~ ~: • '' 'X, • ,._ J .. • ............... "".<v*'J ~;; ... ~..,.· ... ~ 14. Oty of San Jmm ( apistnmo P W F!k'roachmc:lit Pamit !5. C'ountyofOrang<" r'fK'1oacim~ Perrr-.it· -T UNIT OF MEASUR .. LS LS EA LS -L~~--I l L--' I.S J.S EST. QTY. 1 "j" 1 I l UNIT PRICE .. I. I ""~ n,.n ..... , ... ITEM COST ,,u ?~ (}00 - I -. J n-r ~ .. · $ s t 3 I s DO. VD lhl rkn:TI"v~d h\1'{ fkdH~ OOi ~0/tw--- FORU U-302 UNIT PRICE XC9U-J02unitwpd Nov2001 Dollar amount in written form UNIT PRICE BID SCHEDULE BID FORMS -PAGE 2 Christy Jakl From: Sent: To: Cc: Subject: Attachments: Betsy Dubois Friday, September 13, 2013 4:04 PM Maria Morris; Christy Jakl Ziad Mazboudi Emailed City_Agenda Notices-Creek Cleanup Proclamation Emailed City_Agenda Notices-Creek Cleanup Proclamation.doc Attached please find-Notification of Meeting of Potential Interest of the San Juan Capistrano City Council. Thank you, Betsy Dubois Administrative Specialist Utilities Department City of San Juan Capistrano 949-234-4414 1 {j,' / 6) Bids Opened Project Title Bid Opening Report _S_e_,_p_te_m_be_r_5_.:._, _2_0_13 ___________ at 3:00 San Juan Creek Road Recycled Water Pipeline Project (CIP 13603) p.m. Project Engineer _S_t_e..L_p_h_a_n_L_ia_o _____ _ Pre Bid Estimate $700,000.00 ---"------- Bidder Bid Amount Bid Bond/Addenda? $ 5~. Li{:lO. cO 'vj 1 2 t3 1. Pro-Craft Construction, Inc I IVlV .-t I I $ 5Y3 C{)Q.oo ~-l 1 2 3 2. Lonerock, Inc. I lt/lv]q 3. Atlas-Allied, Inc. $ c:-~·.:rt-f cq-v'G 0 1 ~. \~( I 1 ~3 IV y EAR Engineering, Construction & $ oO 'd 1 2 3 4. Support Services S\3 CCx:JD, lvV1vr 'I $ \.stQs, ceo. co ~' 1 2 f;3 / 5. Charles King Company I I IV' 0 $ L.,,J 1 2 ,3 (!1'6. GCI Construction, Inc. c;ys~_) ~,:) (_")':) . --4 I I 0V1trt 7. 8. Sign $ oc GRFCO Inc. li10 DOO. \{ I 1 ~L 3 J V IV cc: City Clerk Staff(3) Project Department (3) $ Date I I The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. 1 2 3 I I I NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO: FOR PUBLICATION ON: DOCUMENT TO BE PUBLISHED PROOF OF PUBLICATION: 0041125000 AUGUST 1, 2013 AUGUST 8, 2013 NOTICE INVITING BIDS-SAN JUAN CREEK ROAD RECYCLED WATER PIPELINE CONSTRUCTION PROJECT C.I.P. No. 13603 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 4) /J ~ AUTHORIZED BY: ~ , .J._.-{Pv/'-1 Maria Morris, City Clerk DATE: July 25, 2013 Date of Bid Opening -08/29/2013 Date(s) notice published Date affidavit received Date notice posted in designated posting places -08/01/2013 08/08/2013 -08/01/2013 NOTICE INVITING BIDS SAN JUAN CREEK ROAD RECYCLED WATER PIPELINE CONSTRUCTION PROJECT C.I.P. No. 13603 Notice is hereby given that sealed bids for SAN JUAN CREEK ROAD RECYCLED WATER PIPELINE CONSTRUCTION PROJECT (C.I.P. No. 13603) will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until 2:00 p.m. on Thursday, August 29, 2013 at which time they will be opened and read aloud. A set of paper Contract Documents will be available by 4:00pm on July 31, 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 July 31, 2013. Copies of Plans and Specifications may be purchased from Coastal Blue, Corp., 33091 Calle Perfecto, San Juan Capistrano, CA. 92675, (949)240-9911, www.coastalblue.com. For more information, please contact Eric Bauman, Utilities Engineer at (949) 487-4312. Dated: July 25, 2013 MARIA MORRIS, CITY CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA (!)(£,_2cJ 7/16/2013 016 City of San Juan Capistrano Age ort TO: Karen P. Brust, City M~ r '- FROM: Keith Van Der Maaten, P lie Works and Utilities Directo~:i~ /~ Prepared by: Stephen Liao, Engineer 9 1l.-. L.ff ~~ DATE: July 16, 2013 SUBJECT: Consideration of Approval of Plans and Specifications for the San Juan Creek Road Recycled Water Pipeline and Authorization to Receive Bids (CIP 13603) RECOMMENDATION: By motion, approve the plans and specifications prepared by MBF Consulting, Inc. for the San Juan Creek Road Recycled Water Pipeline project and direct staff to advertise for competitive bids. EXECUTIVE SUMMARY: Capital Improvement Project (CIP) 13603 includes the design, permitting, and construction of approximately 3,300 lineal feet of 12-inch recycled water main. This project is funded entirely through Proposition 50 grant funds and includes the construction of a recycled water main which will begin on San Juan Creek Road and will go through the Rancho Mission Viejo Riding Park at San Juan Capistrano (Riding Park) to connect to Santa Margarita Water District's (SMWD) recycled water main at the corner of Ortega Highway and Antonio Parkway. The plans and specifications have been completed by MBF Consulting, Inc. and are ready to be circulated for bid. A copy of the plans and specifications is available for review in the City Clerk's office. Staff recommends the City Council approve the plans and specifications prepared by MBF Consulting, Inc. and direct staff to advertise for competitive bids. DISCUSSION/ANALYSIS: The existing sources of recycled/non-potable water are the City's Mission Well and recycled water purchased from Moulton Niguel Water District. Due to deficiencies in the recycled water supply, potable water is used to augment the system. The connection to SMWD will provide additional supply of recycled water and ensure supply reliability to all customers. Staff has met with Blenheim Facility Management, the City's licensee, on several occasions to review the conceptual plan, walk the proposed alignment, and to discuss future events. Based upon these meetings staff has developed a proposed alignment and construction schedule that would not impact Blenheim Facility Management or its operations of the Riding Park. Staff will continue to meet with the Blenheim Facility City Council Agenda Report July 16, 2013 Page 2 of 2 Management as the project progresses to ensure minimal impacts to its operations, as the City's Licensee. FISCAL IMPACT: CIP 13603 has $850,000 budgeted for Fiscal Year 2012-2013 and will be carried over into Fiscal Year 2013-2014. These funds are included in Grant Agreement No. 07-542- 550 Amendment No. 4, from the State of California. No additional budget appropriation is necessary at this time. ENVIRONMENTAL IMPACT: The location of this project passes near sensitive resource areas within Rancho Mission Viejo Riding Park at San Juan Capistrano. An initial study is being conducted by an environmental consultant, paid for by Proposition 50 grant funds, to determine the best course of action to avoid or mitigate any environmental impacts. Prior to the issuance of a Construction Agreement, the results of the initial study will be presented to the City Council for review and approval. PRIOR CITY COUNCIL REVIEW: • On April 23, 2013, the City Council approved a Personal Services Agreement with MBF Consulting, Inc. for preparation of plans and specifications for the San Juan Creek Road Recycled Water Pipeline (CIP 13603). COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: • The Utilities Commission, at its June 18, 2013, regular meeting, reviewed this item and unanimously recommended that the City Council approve plans and specifications prepared by MBF Consulting, Inc. for the San Juan Creek Road Recycled Water Pipeline project and direct staff to advertise for competitive bids. NOTIFICATION: Blenheim Facility Management ATTACHMENT: Not applicable. ENCLOSURE: Plans and specifications prepared by MBF Consulting, Inc. -A copy was provided to the City Council and is available for review at the City Clerk's office. 32400 PASEO ADELANTO SAN JUAN CAPISTRANO. CA 92675 (949) 493-1171 MEMBERS OF THE CITY COUNCIL SAM AlLEVA TO (949) 493-1053 FAX wwH:sanjuancapistrano.org NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL ROY L. BYRNES. M.D. LARRY KRAMER DEREK REEVE .JOio4N TAYLOR The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, July 16, 2013, in the City Council Chamber in City Hall, to consider: "Consideration of Approval of Plans and Specifications for the San Juan Creek Road Recycled Water Pipeline and Authorization to Receive Bids (CIP 13603)" -Item No. 016. 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 5:00p.m. on Monday, July 15, 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, Engineer. You may contact that staff member at (949) 443-6381 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanjuancapistrano.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@sanjuancapistrano.org. Maria Morris, CMC City Clerk cc: Blenheim Facility Management San ./ua11 Capislrano: Pn'st'l'l'ing th•· Pml 10 F:~thallce rhe Furun· Specifications and Bid Documents for CITY OF SAN JUAN CAPISTRANO SAN JUAN CREEK ROAD 12" Recycled Water Main CIP No. 13603 Submitted to City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Submitted by MBF Consulting, Inc. 22321 Birchleaf Mission Viejo, California 92692 (949) 340-6642 JUNE 2013 ARTICLE 1 -DEFINITIONS Section 00700 GENERAL CONDITIONS TABLE OF CONTENTS Addenda .................................................................................................................. 1 Application for Payment. .......................................................................................... 1 Asbestos .................................................................................................................. 1 Beneficial Occupancy .............................................................................................. 1 Bidder ...................................................................................................................... 1 Bid ............................................................................................................................ 1 Bidding Documents .................................................................................................. 1 Bonds ....................................................................................................................... 1 Change Order .......................................................................................................... 1 CSJC ....................................................................................................................... 1 Claim ........................................................................................................................ 1 Contract ................................................................................................................... 1 Contract Documents ................................................................................................ 2 Contract Milestone ................................................................................................... 2 Contract Price ............................................. ~ ............................................................ 2 Contract Time .......................................................................................................... 2 Contractor ................................................................................................................ 2 Council ..................................................................................................................... 2 Day .......................................................................................................................... 2 Defective Work ........................................................................................................ 2 Design Engineer ...................................................................................................... 2 Demobilization ......................................................................................................... 2 Drawings .................................................................................................................. 2 Disputed Work ......................................................................................................... 2 Engineer .................................................................................................................. 2 Field Order ............................................................................................................... 3 Final Progress Payment. .......................................................................................... 3 General Requirements ............................................................................................. 3 Hazardous Waste .................................................................................................... 3 Holidays ................................................................................................................... 3 Interfacing Work ...................................................................................................... 3 Laws and Regulations .............................................................................................. 3 Lump Sum 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 Project. ..................................................................................................................... 4 Radioactive Material ................................................................................................ 4 Retainage or Retention ............................................................................................ 4 SAN JUAN CREEK ROAD 12" Recycled Water Main GENERAL CONDITIONS Table of Contents Pagei TABLE OF CONTENTS (Continued) Page Request for Information (RFI) ................................................................................. .4 Request for Proposal (RFP) .................................................................................... .4 Samples ................................................................................................................... 4 Safety ....................................................................................................................... 4 Shop Drawings ......................................................................................................... 4 Specialist ................................................................................................................. 4 Specifications ........................................................................................................... 5 Standard Specifications ........................................................................................... 5 Submittals ................................................................................................................ 5 Subcontractor .......................................................................................................... 5 Substantial Completion ............................................................................................ 5 Supplementary General Conditions ......................................................................... 5 Supplier .................................................................................................................... 5 Technical Specifications .......................................................................................... 5 Underground Facilities .............................................................................................. 5 Unit Price Work ........................................................................................................ 5 Work ........................................................................................................................ 5 Work Change Directive ............................................................................................ 6 ARTICLE 2-PRELIMINARY MATTERS 2.1 DELIVERY OF BONDS/INSURANCE CERTIFICATIONS .......................... 7 2.2 COPIES OF DOCUMENTS ........................................................................ ? 2.3 COMMENCEMENT OF CONTACT TIME; NOTICE TO PROCEED .......... 7 2.4 STARTING THE WORK ............................................................................. ? 2.5 CONTRACTOR MUST STUDY CONTRACT DOCUMENTS ..................... ? 2.6 PRELIMINARY SCHEDULES AND INITIAL ACCEPTANCE OF 2.6.1 2.6.2 2.7 2.8 SCHEDULES ............................................................................................. ? Preliminary Schedules ................................................................................ 7 Initial Acceptance of Schedules ................................................................. 8 PRE-CONSTRUCTION CONFERENCE .................................................... 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 3.3.1 3.3.2 3.3.3 3.3.4 3.4 3.4.1 3.4.2 3.5 CONTRACT DOCUMENTS ........................................................................ 9 Reference to Standards ............................................................................. 9 Discovery of Problem ................................................................................. 9 Order of Precedence of the Drawings ........................................................ 9 Order of Precedence of Contract Documents .......................................... 1 0 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS ......... 1 0 Amending Contract Documents ................................................................. 1 0 Supplementing Contract Documents ........................................................ 1 0 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 SAN JUAN CREEK ROAD 12" Recycled Water Main GENERAL CONDITIONS Table of Contents Page ii TABLE OF CONTENTS {Continued) 4.2.1 4.2.2 4.3 4.3.1 4.3.2 4.3.3 4.3.4 4.3.5 4.3.6 4.4 4.4.1 4.4.2 4.4.3 4.4.4 4.4.5 4.4.6 4.4.7 4.4.8 4.4.9 4.4.10 4.5 4.5.1 4.5.2 4.6 4.6.1 4.6.2 4.6.3 Page Reports and Drawings .............................................................................. 11 Limited Reliance by the Contractor on the Technical Data ...................... 11 DIFFERING SITE CONDITIONS .............................................................. 12 Inaccurate Owner Documents .................................................................. 12 Requires Change ...................................................................................... 12 Materially Different From Contract. ........................................................... 12 Materially Different From Conditions Originally Encountered ................... 12 Owner Responsibility ................................................................................ 12 Disallowance of Entitlement ..................................................................... 12 UNDERGROUND UTILITIES ................................................................... 13 Utilities Indicated ...................................................................................... 13 Utilities Not Indicated ................................................................................ 13 Action Prior to Starting Work .................................................................... 13 Locate Utilities .......................................................................................... 13 Protection of Utilities ................................................................................. 13 Notification Requirements If Utility Disturbed ........................................... 13 Removal of Abandoned Utilities ............................................................... 13 Relocation of Utilities ................................................................................ 14 Delays ...................................................................................................... 14 Access to the Work .................................................................................. 14 REFERENCE POINTS ............................................................................. 14 Bench Mark .............................................................................................. 14 Protection of Bench Marks ....................................................................... 14 ASBESTOS, PCB's, PETROLEUM, HAZARDOUS WASTE OR RADIOACTIVE MATERIAL ................................................................ 15 Owner Responsibility ................................................................................ 15 Contractor's Responsibility ....................................................................... 15 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 TO REPLACE ........................................................................................... 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 SAN JUAN CREEK ROAD 12" Recycled Water Main GENERAL CONDITIONS Table of Contents Page iii TABLE OF CONTENTS (Continued) 6.6.1 6.6.2 6.6.3 6.7 6.8 6.8.1 6.8.2 6.8.3 6.8.4 6.8.5 6.8.6 6.9 6.9.1 6.9.2 6.9.3 6.10 6.11 6.11.1 6.12 6.13 6.14 6.15 6.15.1 6.15.2 6.15.3 6.15.4 6.16 6.17 6.17.1 6.17.2 6.17.3 6.17.4 6.17.5 6.17.6 6.17.7 6.17.8 6.17.9 6.18 6.19 6.19.1 6.19.2 6.19.3 6.20 6.20.1 6.20.2 6.21 6.22 6.22.1 6.22.2 6.23 Page Non-Impacting Adjustments ..................................................................... 21 Revisions to Milestones ............................................................................. 22 Critical Path Method (CPM) Schedule Withholding .................................. 22 SUBSTITUTES OR "OR APPROVED EQUAL" ITEMS ............................ 22 PROJECT SITE COORDINATION ........................................................... 24 Work by Others ........................................................................................ 24 Coordination of Work ............................................................................... 24 Cost of Coordination ................................................................................. 24 Origination to Provide Access .................................................................. 24 Obligation to Fit ........................................................................................ 24 Obligation to Protect Property .................................................................. 24 COORDINATION WITH SUBCONTRACTORS AND SUPPLIERS .......... 24 Obligation to Supervise and Manage Contractor Organization ................ 24 No Contractual Relationship With Owner ................................................. 25 Subcontract Limitations ............................................................................ 25 PATENT FEES AND ROYALTIES ........................................................... 25 PERMITS ................................................................................................. 25 NPDES PERMITS .................................................................................... 26 LAWS AND REGULATIONS ..................................................................... 26 TAXES ...................................................................................................... 26 USE OF PREMISES ................................................................................. 26 PROJECT SITE MAINTENANCE AND INTERFERENCE WITH ADJACENT PROPERTY ............................................................... 27 Cost of General Requirements in Contract Price ..................................... 27 Vehicle Load Limits ................................................................................... 27 Work Outside the Work Site Area ............................................................ 27 Responsibilities for Damage ..................................................................... 27 CONTRACTOR'S DAILY REPORTS ....................................................... 27 SAFETY ................................................................................................... 28 Safety Plan ............................................................................................... 28 Safety Laws and Regulations .................................................................... 28 Safety Representative .............................................................................. 28 Safety Orders ........................................................................................... 28 Trench Shoring Plan ................................................................................. 28 Use of Explosives ..................................................................................... 28 Hazardous Communication Program ....................................................... 28 Safety Reporting ........................................................................................ 29 Engineer Safety Deficiency Report ........................................................... 29 EMERGENCY .......................................................................................... 29 SHOP DRAWINGS AND SAMPLES ........................................................ 29 Shop Drawings ......................................................................................... 29 Samples ................................................................................................... 29 Verify Field Measurements ........................................................................ 29 SUBMITTAL ACCEPTANCE .................................................................... 30 Design Engineer Review Scope and Limitation ........................................ 30 Contractor's Responsibility Not Relieved by Approval. ............................. 30 COMPLIANCE WITH ENGINEER ADMINISTRATIVE PROCEDURES .. 30 CONTINUING THE WORK DURING DISPUTES .................................... 30 Continue Work .......................................................................................... 30 Direction To Proceed With Work .............................................................. 31 GENERAL WARRANTY AND GUARANTEE ........................................... 31 SAN JUAN CREEK ROAD 12" Recycled Water Main GENERAL CONDITIONS Table of Contents Page iv TABLE OF CONTENTS (Continued) 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 9.3 9.4 9.5 9.6 9.6.1 9.6.2 9.6.3 AND INTERPRETATIONS ....................................................................... 34 AUTHORIZED VARIATIONS IN WORK ................................................... 34 DECISIONS ON DISPUTES .................................................................... 34 ENGINEER LIABILITY FOR INTERPRETATION .................................... 34 LIMITATION ON ENGINEER'S RESPONSIBILITIES .............................. 35 No Duty Arising Out of Act or Decision ..................................................... 35 No Supervision Role ................................................................................. 35 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 1 0.1.4 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 1 0.5.1 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 SAN JUAN CREEK ROAD 12" Recycled Water Main GENERAL CONDITIONS Table of Contents Page v TABLE OF CONTENTS (Continued) 11.3.2 11.3.3 11.3.4 11.3.5 11.3.6 11.3.7 11.3.8 11.3.9 11.4 11.5 11.5.1 11.5.2 11.5.3 11.5.4 11.5.5 11.5.6 11.5.7 11.5.8 11.6 Page Labor ........................................................................................................ 39 Materials ................................................................................................... 39 Equipment ................................................................................................ 40 Rental Equipment ..................................................................................... 40 Owned-Equipment. .................................................................................... 41 Special Services ....................................................................................... 41 Excluded Costs ........................................................................................ 41 Contractors Extra Work Report ............................................................... .42 COSTS RELATING TO WEATHER DAMAGE ........................................ 42 WRITTEN JUSTIFICATION SUBSTANTIATING ADJUSTMENT ........... .43 Contractor Initiated Change ...................................................................... .43 Cost and Time Notice Requirements ....................................................... .43 Proposal Form .......................................................................................... 43 Proposal Content. ..................................................................................... 43 Additions and Deletions ........................................................................... .43 Requirements for Valid Proposal ............................................................. .43 Obligation of Surety .................................................................................. .43 Documentation ......................................................................................... 43 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 12.3.3 12.4 12.4.1 12.4.2 12.5 and Owner's Control ................................................................................ 45 Subcontractor Delays Within Contractor Control ...................................... 45 TIME ONLY ENTITLEMENT .................................................................... 46 Entitlement ............................................................................................... 46 No Damages ............................................................................................ 46 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 ................................................................... .4 7 13 .1.1 Access to Work for Testing and Inspection ............................................. .4 7 13.1.2 Cost of Inspection/Notice ......................................................................... .47 13.1.3 Right to Stop Work ................................................................................... 4 7 13.2 CONTRACTOR INSPECTION AND TESTING RESPONSIBILITY .......... 47 13.2 .1 Contractor Responsible ........................................................................... .4 7 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 SAN JUAN CREEK ROAD 12" Recycled Water Main GENERAL CONDITIONS Table of Contents Page vi TABLE OF CONTENTS (Continued) 13.5 13.6 13.7 13.7.1 13.7.2 13.7.3 13.7.4 13.8 Page CORRECTION OR REMOVAL OF DEFECTIVE WORK ........................ .49 CORRECTION PERIOD ........................................................................... 49 WARRANTY AND GUARANTEE ............................................................. 50 General ..................................................................................................... 50 One Year Warranty Period ................................................................. , ..... 50 Correction of Defective Work ......................................... , ......................... 50 Early Completion ...................................................................................... 51 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 .......................................................................................... 51 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 SAN JUAN CREEK ROAD 12" Recycled Water Main 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 lncludes ........................................................................................... 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 SAN JUAN CREEK ROAD 12" Recycled Water Main GENERAL CONDITIONS Table of Contents Page viii ARTICLE 1 -DEFINITIONS Section 00700 GENERAL CONDITIONS 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. 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 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 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. OWNER -The City of San Juan Capistrano CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS PAGE 00700 -3 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) manufacturing or fabricating items required by the Contract Documents, or otherwise performing Work required by the Contract Documents. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS PAGE 00700 -4 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 construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS PAGE 00700 -5 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 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 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 1 0 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 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 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 (Greenback) 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 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. Those 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 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 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 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 1 0. 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 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 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 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.C 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 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 $5,000,000. 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 DISTRICT as an additional insured. For all purposes pertaining to this agreement, CONTRACTOR'S commercial general liability policy shall be the primary policy and DISTRICT'S liability policy shall be secondary. Such policy shall be provided by CONTRACTOR to DISTRICT prior to CONTRACTOR CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS PAGE 00700 -18 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 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 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 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. 6.6.3 Critical Path Method (CPM) Schedule Withholding -As a condition precedent to the OWNER's obligation to pay a progress payment to CONTRACTOR, CONTRACTOR shall submit an initial CPM schedule and then shall submit updated CPM schedules and certified payrolls to OWNER with each of CONTRACTOR's applications for payment. If OWNER mistakenly accepts an application for payment without receipt of CONTRACTOR's CPM schedules or certified payrolls, then OWNER shall withhold 5% of the progress payment for which CONTRACTOR did not submit a CPM schedule or certified payrolls. The amount withheld shall not be deemed or construed as a part of standard retention. The amount will be withheld by OWNER until CPM schedules and certified payrolls are current. 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 CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS PAGE 00700 -22 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 a proposed substitute items of material or equipment will not be accepted by 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, 6.7.18, 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. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS PAGE 00700-23 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 PAGE 00700 -63 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 PAGE 00700 -62 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 PAGE 00700 -61 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 PAGE 00700 -60 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 prov1s1ons 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 PAGE 00700 -59 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 PAGE 00700 -58 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 PAGE 00700 -57 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 FINALINSPECTION 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 PAGE 00700-56 14.5.4 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 PAGE 00700 -55 14.5.1.3 14.5.1.4 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. 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. 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 PAGE 00700 -54 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 14.5.1.2 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. 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 PAGE 00700 -53 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 o~ 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 PAGE 00700-52 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 PAGE 00700-51 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 PAGE 00700 -50 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 or 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 PAGE 00700 -49 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 PAGE 00700-48 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 PAGE 00700-47 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 PAGE 00700 -46 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 PAGE 00700 -45 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 PAGE 00700 -44 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 PAGE 00700 -43 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 PAGE 00700 -42 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 PAGE 00700-41 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 PAGE 00700 -40 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 PAGE 00700 -39 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 Labor = 1 0 percent 10 percent Materials= 10 percent 5 percent Equipment = 1 0 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 PAGE 00700 -38 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 1 0; 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 (1 0) percent variation. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS PAGE 00700 -37 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. 1 0.1.3 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 PAGE 00700 -36 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 PAGE 00700 -35 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 PAGE 00700 -34 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 PAGE 00700 -33 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 PAGE 00700 -32 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 PAGE 00700 -31 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. 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. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS PAGE 00700 -30 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. 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. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS PAGE 00700 -29 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. 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 CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS PAGE 00700 -28 '-·--------------------------------------- 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. 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 9:00AM the following workday. The report must comment on the daily progress and status of the Work within each major component of CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS PAGE 00700 -27 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. 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 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. CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS PAGE 00700 -26 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 prov1s1ons 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. 6.11.1 NPDES PERMITS - CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS PAGE 00700 -25 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 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. 6.9 COORDINATION WITH SUBCONTRACTORS AND SUPPLIERS CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS PAGE 00700 -24 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 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 proceeding 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 at the rate of-(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 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: 6.19.4 Eauioment Data. The CONTRACTOR shall submit complete technical and catalog data for every item of mechanical and electrical equipment and machinery to be incorporated in the Work, including components thereof. Submittal copies shall be bound, indexed, and contain information as required in Articles 6.19 and 6.20 for submittal of materials lists and shall further include specific information on performance and operating curves and data, ratings, capacities, characteristics, efficiencies, and other data to fully illustrate and describe the items as may be specified or required for approval. Data shall be submitted in sets covering complete systems or functioning units. Unless otherwise specified, each initial submittal shall include six bound copies, three of which will be returned to the CONTRACTOR marked to show the required corrections or approval. 6.19.5 Instruction Manuals. The CONTRACTOR shall obtain data from the various manufacturers and submit to OWNER instruction manuals covering all mechanical equipment and machinery installed in the Work. 1 Contents. Each manual shall have an index listing the contents. Information in the manuals shall include not less than (a) general, introduction and overall equipment description, purpose, functions, and simplified theory of operation, (b) specifications, (c) installation instructions, procedures, sequences, and precautions, including tolerances for level, horizontal, and vertical alignment, (d) grouting requirements including grout spaces and materials, (e) list showing lubricants for each item of mechanical equipment, approximate quantities needed per year, and recommended lubrication intervals; where possible, types of lubricants shall be consolidated with equipment manufacturers' approval to minimize the number of different lubricants required for plant maintenance, (f) start up and beginning operation procedures, (g) operational procedures, (h) shut down procedures, (i) short and long term inactivation procedures, (j) maintenance, calibration, and repair instruction, (k) parts lists and spare parts recommendations, (1) lists of all special tools, instruments, accessories, and special lifting and handling devices required for periodic maintenance, repair, adjustment, and calibration, and (m) other information as may be specified or required for approval. SAN JUAN CREEK ROAD 12" Recycled Water Main SUPPLEMENTARY CONDITIONS PAGE 00800 -1 2 Format and Organization. a. CONTRACTOR shall use drawings and pictorials to illustrate the printed text as necessary to fully present the information. b. Where information covers a family of similar items of equipment, CONTRACTOR shall identify the applicable portions by heavy weighted arrows, boxes or circles, or strike-out the inapplicable information. Non- conforming data are not acceptable and will be returned for rework and resubmittal. c. CONTRACTOR shall incorporate into books all Manufacturers' Equipment Manuals including those specified in pertinent Sections of the Specifications. These books shall be organized by Equipment Class in same manner and sequence as the Specifications, i.e. Mechanical, Electrical, Instrumentation, etc. Book size and quantity shall be sufficient for inclusion of all data, and be of type and quality hereinafter specified in Article 6.19. d. Within each book of manuals, CONTRACTOR shall provide a Table of Contents for that book. If more than one book is necessary for a Class of Equipment, it shall place a complete Table of Contents for that Class of Equipment within each book of that Class. e. In addition, an overall Index of Contents shall be prepared in ten sets and submitted separately to the OWNER for its insertion in its Operation and Maintenance Manuals. f. When a manufacturer's manual exceeds one inch in thickness and is Bound, as specified in Article 6.19 and 6.20, it need not be rebound within another book. The Overall Index shall refer to it by title and indicate that it is bound separately. 3 Manual Binding. a. CONTRACTOR shall bind all books in sturdy hard covers fastened to provide full view of contents on each page, and ease of making content additions or replacements. No book shall be more than four inches thick. Manuals less than one inch thick shall be bound in substantial three-ring loose leaf binders; others shall have covers secured by operable locking- bars to permit full view opening with contents bound by hinged interfacing pairs of three-ring binding posts, Model S70468-12 by McBee, Springfield, MO., or Model 745483 by Inter-City, St. Louis, Mo., or equal. b. CONTRACTOR shall permanently label face of cover and bound edge of each book "MANUFACTURERS' INSTRUCTION MANUAL," and indicate Class of Equipment, i.e., Mechanical, Electrical, Instrumentation, etc. or name specific equipment if a single unit is contained therein. Where more than one book is needed for a Class of Equipment or a single specific equipment unit, CONTRACTOR shall number books consecutively BOOK I, BOOK II, etc. c. If more than one Class of Equipment is contained in a book, CONTRACTOR shall separate each class with a tabbed stiff divider insert page. d. Prior to purchase or delivery, CONTRACTOR shall submit samples of each intended type of binder and obtain approval from the OWNER. SAN JUAN CREEK ROAD 12" Recycled Water Main SUPPLEMENTARY CONDITIONS PAGE 00800 -2 4 Manual Submittals. Submittals shall include two (2) copies of each manual, one of which will be returned to the CONTRACTOR marked to show the required corrections or approval. When approved, the CONTRACTOR shall deliver ten (10) copies to the OWNER unless otherwise specified in writing. 6.19.6 Manufacturers' Instructions. In addition to the instructions submitted under these supplementary conditions, the CONTRACTOR shall submit manufacturers' instructions to the extent specified or requested by the OWNER for its determination of their adequacy and approval. When approved, the CONTRACTOR shall distribute copies to all those involved with the instructions. END OF SECTION SAN JUAN CREEK ROAD 12" Recycled Water Main SUPPLEMENTARY CONDITIONS PAGE 00800 -3 CIP NO. 13603 The Specifications contained herein have been prepared by, or under the direct supervision of, the following Registered Civil Engineer: Michael Fakhar, P.E. Principal MBF Consulting, Inc. Civil Engineer C-37616 Approved by: Eric P. Bauman, P.E. Utilities Engineer Utilities Department San Juan Capistrano, CA FORM sign-1 x02Usign1.wpd Nov 2001 SIGNATURE PAGE X04U-part1.wpd Nov 2001 CITY OF SAN JUAN CAPISTRANO BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS SAN JUAN CREEK ROAD 12" Recycled Water Main CIP NO. 13603 Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) Bid Schedule List of Subcontractors Non-Collusion Affidavit Bid Bond (Bid Security Form) Bidder's General Information Agreement and Bonds Agreement Form Worker's Compensation Certificate Performance Bond Payment Bond Certificate of Insurance APPENDIX 2013 Blenheim Facility Management Event Schedule * * * * * CONTENTS PAGE 1 NOTICE INVITING BIDS For SAN JUAN CREEK ROAD 12" Recycled Water Main CIP NO. 13603 N-1. NOTICE IS HEREBY GIVEN that sealed bids for the construction of SAN JUAN CREEK ROAD 12" Recycled Water Main will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK: The Work comprises of constructing approximately 3,200 linear feet of 12-inch PVC C900 DR 18 pipe for SAN JUAN CREEK ROAD 12" Recycled Water Main. Construction of an 8-inch metering and flow control station and tie-in to SMWD Recycled Water system, construction of a new 8-inch Pressure Reducing Station on an existing 8- inch Recycled Water Line located in San Juan Creek Road, construction of a new 4-inch metering and PRV station and connection to SMWD on one end and to an existing 12- inch Recycled Water Line on Vista Montana at La Pata, and cutting into existing 8-inch Recycled Water Mains at two locations and installing removable spools. N-3 LOCATION OF THE WORK: The Work to be constructed begins at the north easterly end of San Juan Creek Road at termination of the existing pipeline and extends through the Rancho Mission Viejo Riding Park The Project ends at the SMWD recycled water pipeline facility, located at corner of Ortega Highway and Antonio Parkway in the City of San Juan Capistrano, CA. N-4 COMPLETION OF THE WORK: Time is of the essence. All work must be completed within . after the date specified in the Notice to Proceed. Contractor shall coordinate the work with the Blenheim Facility Management and the City to avoid any conflicts with the 2013 Blenheim Facility management Event Schedule included in the appendix. All work 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 FORM U-030 x05U-030std.wpd Nov 2001 NOTICE INVITING BIDS PAGE 1 or Bid Bond in the amount of 1 0 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 or C-34 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 required to attend a pre-bid walk throu.~ work site and existing facilities which will be conducted by the City at t--.-... , alii!· (b) Failure to participate in the pre-bid walk will not disqualify a bidder as being non- responsive. (c) The pre-bid visit will start at the City Hall Council Chambers and then proceed to site visit along the alignment beginning at the corner of Ortega Highway and Antonio Parkway. N-12 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be inspected without charge at the Office of the City Clerk, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. (b) Complete sets of said Contract Documents may be purchased lllllt• dollars per set and are obtainable from the Office of the City Clerk. No refund will be made of any charges for sets of Contract Documents. (c) An additional fee W,SitiiO;Mt be charged for sets of documents sent by mail. N-13 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed FORM U-030 x05U-030std.wpd Nov 2001 NOTICE INVITING BIDS PAGE2 and addressed to the City of San Juan Capistrano, and shall be delivered or mailed to the City Clerk at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. The envelope shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words "Bid For ... " followed by the Project title, date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. BY ORDER OF THE CITY OF SAN JUAN CAPISTRANO Date ------- FORM U-030 x05U-030std.wpd Nov 2001 CITY OF SAN JUAN CAPISTRANO By ____ ~~--~--=-~- Margaret R. Monahan, CMC City Clerk NOTICE INVITING BIDS PAGE3 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 §201 03.5, no Bid for the Work will be accepted from a contractor who does not hold a valid contractor's license in the State of California for the classifications named in the Notice Inviting Bids at the time of opening Bids. 3. DISQUALIFICATION OF BIDDERS -More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the City believes that any Bidder is interested in more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If the City believes that collusion exists among the Bidders, all Bids will be rejected. 4. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND THE SITE-(a) It is the responsibility of each Bidder before submitting a Bid to examine the Contract Documents thoroughly; visit the site to become familiar with local conditions that may affect cost, progress, or performance of the Work; consider federal, state, and local laws and regulations that may affect cost, progress, or performance of the Work; study and carefully correlate the Bidder's observations with the Contract Documents; and notify the Engineer of all conflicts, errors, or discrepancies noted in the Contract Documents. (b) Reference is made to the Supplementary General Conditions for identification of those reports of explorations and tests of subsurface conditions at the site which may have been utilized by the Engineer in the preparation of the Contract Documents. However, such reports are NOT a part of the Contract Documents. The interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations, and opinions contained therein or the completeness thereof is the responsibility of the Bidder. (c) Copies of such reports and drawings will be made available for inspection by the City to any Bidder upon request. Those reports and drawings are NOT part of the Contract Documents, but any technical data contained therein upon which the Bidder is entitled to rely is limited to that set forth in the Supplementary General Conditions. (d) Subject to the provisions of Section 4215 of the California Government Code, information and data reflected in the Contract Documents with respect to underground utilities at or contiguous to the site is based upon information and data furnished to the City and the Engineer by the owners of such underground utilities or others, and the City does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary General Conditions. (e) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the Specifications and Supplementary 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. FORMU-101 x06U-101inst.wpd Nov 2001 INSTRUCTIONS TO 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 pages shall not be removed from the bound volume. Unless otherwise provided in the Notice Inviting Bids, in the event there is more than one Bid Schedule, the Bidder may Bid on any individual schedule or on any combination of schedules. All bid items shall be properly filled out. Where so indicated in the Bid Documents, Bid price shall be shown in words and figures, and any conflict between the words and figures, the words shall govern. The envelope enclosing the sealed bids shall be plainly marked in the upper left-hand corner with the name and address of the Bidder and shall bear the words "BID FOR," followed by the title of the Contract Documents for the Work, the name of the "CITY OF SAN JUAN CAPISTRANO," the address where the bids are to be delivered or mailed to, and the date and hour of opening of bids. The Bid Security shall be enclosed in the same envelope with the Bid. 9. SUBMITTAL OF BIDS-The Bids shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the Bidder's sole responsibility to see that its Bid is received in proper time. Bids will not be accepted after the appointed time for opening of bids, no matter what the reason. INSTRUCTIONS TO BIDDERS -PAGE 2 FORMATU x06U-101inst.wpd 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 w.ithout 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 1 998). 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 x06U-101inst.wpd Nov 2001 INSTRUCTIONS TO 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. INSTRUCTIONS TO BIDDERS-PAGE 4 -END OF INSTRUCTIONS TO BIDDERS - FORMAT U x06U-101inst.wpd Nov 2001 BID TO: CITY OF SAN JUAN CAPISTRANO 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 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: SAN JUAN CREEK ROAD 12" Recycled Water Main C.I.P. No. 13603 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, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: __________________________ __ FORM U-300 X08U·300bid.wpd Nov 2001 Bidder: -------------------------------------- By: ______________ ~------------------(Signature) Title: --------------------------------------- BID (PROPOSAL) BID FORMS -PAGE 1 This is Page 1 of Exhibit B consisting of 2 pages, referred to in and made a part of the AGREEMENT between the OWNER and the CONTRACTOR. BID SCHEDULE CIP NO. 13603 SAN JUAN CREEK ROAD 12" Recycled Water Main NO. ITEM DESCRIPTION 1. Mobilization/Demobilization 2. Furnish all labor, materials and equipment for 12-inch PVC C900 Waterline and Appurtenances, Complete and Operational. 3. Furnish all labor, materials and equipment for .2-inch AirNac Assembly and Appurtenances, Complete and Operational 4. Furnish all labor, materials and equipment for . Operational 4-inch Blow off Drain Assembly and Appurtenances, Complete and Operational 5. Furnish all labor, materials and equipment for 12-inch RW Gate Valve Complete and Operational 6. Furnish all labor, material and equipment for construction of new 8-inch PRY station with 4-inch by- pass on San Juan Creek Rd, including grading, piping, valves, concrete slab, and all required appurtenances, complete and operational. 7. Furnish all labor, materials and equipment for Construction of Connection Points to the existing pipelines for 8-inch PRY station at San Juan Creek Rd, and all required appurtenances, Complete and Operational. FORM U-302 UNIT PRICE X09U·302unit.wpd Nov 2001 UNIT OF MEASURE LS LF EA EA EA LS EA EST. QTY. 1 3,200 2 1 3 1 2 UNIT PRICE ITEM COST UNIT PRICE BID SCHEDULE BID FORMS -PAGE 1 NO. ITEM DESCRIPTION 8. Furnish all labor, materials and equipment for Construction of Connection Point to the existing 8-inch SMWD Recycled Water Main for metering station and construction of metering station including grading piping, valves, and all required appurtenances, Complete and Operational. 9. Furnish all labor, materials and equipment for cut in to existing 8-inch recycled water main and construct removable spool per details, Complete and Operational 10. Furnish all labor, material and equipment for construction of new 4-inch metering station and PRY station at La Pata and Vista Montana, including grading, piping, valves, concrete vaults, and all required appurtenances, complete and operational. 11. Trench Safety Measures 12. As-Built Drawings 13. City of San Juan Capistrano Public Works Encroachment Permit TOTAL BID PRICE : FORM U-302 UNIT PRICE X09U·302unit.wpd Nov 2001 UNIT OF MEASURE LS EA LS LS LS LS EST. UNIT ITEM QTY. PRICE COST 1 2 1 I $5,000 $5,000 1 1 $ ________________________ __ Dollar amount in written form UNIT PRICE BID SCHEDULE 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. Work to be Performed 2 ____________________ __ 3. __________________ __ 4 ____________________ __ 5 ____________________ __ 6 ____________________ _ ? ____________________ __ 8 ____________________ _ FORM U-430 1 OU-430subs.wpd Aug 2001 Contractor's License Number Subcontractor's Name & Address LIST OF SUBCONTRACTORS 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. FORM U-480 11 U-480col. wpd Aug 2001 Bidder By Title Organization _______________ _ Address NON-COLLUSION AFFIDAVIT 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: SAN JUAN CREEK ROAD 12" Recycled Water Main CIP NO. 13603 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 AND NOTARIAL ACKNOWLEDGMENT OF SURETY) FORM U-410 x12U-410bond.wpd Nov 2001 ____________ (SEAL) ______________ (SEAL) ____________ (SEAL) ____________ (SEAL) (Principal) (Surety) (Signature) (Signature) BID BOND (BID SECURITY FORM) BID FORMS -PAGE 6 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-420 x13U-420info.wpd Nov 2001 BIDDER'S GENERAL INFORMATION BID FORMS -PAGE 7 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 __________________ _ Contact _________________ _ Phone( __ ) ____________ __ Project (_) ____________ __ 2. Owner ____________________ _ Contact------------------- Phone( __ ) ____________ __ Project (_) ____________ _ 3. Owner ____________________ _ Contact __________________ __ Phone ( __ ) ____________ __ Project (_) ____________ _ Address ---------------------------- Class of work----------------------- Contract amount-------------------- Date completed ----------------------- Address------------------------- Class of work--------------------- Contract amount ____________________ _ Date completed ______________________ __ Address-------------------------- Class of work. _____________________ _ Contract amount __________________ _ 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 x13U-420info.wpd Nov 2001 * * * * * BIDDER'S GENERAL INFORMATION BID FORMS -PAGE 8 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. N0.13603 AGREEMENT 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 ~ llilillli&i, 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 8-6 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 (1 0%) 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 perfonnance 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 ( 1 0) 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 seq.) 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 ( 1 00%) 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 8-11 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 shalf 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, shalt 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 shalt 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 shalf 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 CITY OF SAN JUAN CAPISTRANO In accordance with the Workers' Compensation Act of the State of California --Minimum of $1,000,000 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT B-12 Public Liability, in the form of either Comprehensive General Liability or Commercial General Liability written on a per-occurrence basis Automobile liability, including non-owned and hired vehicles $1,000,000, per occurrence, or alternatively, $1,000,000 aggregate, separate for this project. $1 ,000,000 per occurrence 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.J.P. NO. 13603 AGREEMENT 8-13 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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 PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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: To Contractor: CITY OF SAN JUAN CAPISTRANO City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Public Works contact Company name. address city, state, zip PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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: _____________ _ George Scarborough, City Manager CONTRACTOR By: ________ . ___ _ ATTEST: By: ____________ _ Margaret R. Monahan, City Clerk APPROVED AS TO FORM: By: _____________ _ John R. Shaw, City Attorney CITY OF SAN JUAN CAPISTRANO PROJECT NAME: SAN JUAN CREEK ROAD 12" RECYCLED WATER MAIN C.I.P. NO. 13603 AGREEMENT 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. FORM U-660 15U-660comp.wpd Aug 2001 Contractor------------- By __________________________ ___ Title---------------- WORKER'S COMPENSATION CERTIFICATE 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: -------~---c----------------------------:---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: SAN JUAN CREEK ROAD 12" Recycled Water Main CIP NO. 13603 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--------------- -By ________________ ___ - Title------------- FORM U-610 x16U-610bond.wpd Nov 2001 Surety----------· By ______________________ _ Title------------- (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) PERFORMANCE BOND AGREEMENT AND BONDS -PAGE 4 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: SAN JUAN CREEK ROAD 12" Recycled Water Main CIP NO. 13603 NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for, or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power used in, upon, for, or about performance of the Work contracted to be executed or performed, or any person, company, or corporation renting or hiring implements or machinery or power for, or contributing to, said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials 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 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-------------- By ____________________________ _ Title---------------- FORM U-620 x17U-620bond.wpd Nov 2001 Surety--------------- By ______________ __ Title---------------- (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) PAYMENT BOND 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 Com,..ny POLICY LIMITS OF LIABILITY IN THOUSANDS (x1000 TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH OCCURRENCE AGGREGATE COMPREHENSIVE GENERAL LIABILITY BODILY INJURY $ $ Including: 0 EXPLOSION AND COLLAPSE PROPERTY DAMAGE $ $ 0 UNDERGROUND DAMAGE " 0 PRODUCTS/COMPLETED OPERATIONS BODILY INJURY 0 CONTRACTUAL INSURANCE AND PROPERTY DAMAGE COMBINED $ 0 $ BROAD FORM PROPERTY DAMAGE 0 INDEPENDENT CONTRACTORS PERSONAL INJURY $ 0 PERSONAL INJURY COMPREHENSIVE AUTOMOBILE BODILY INJURY LIABILITY EACH PERSON $ Including: 0 OWNED EACH ACCIDENT $ 0 HIRED PROPERTY DAMAGE $ 0 NON-OWNED 0 0' MOTOR CARRIER ACT BODILY INJURY AND PROPERTY DAMAGE COMBINED $ EXCESS LIABILITY BODILY INJURY Including: AND PROPERTY 0 EMPLOYER'S LIABILITY DAMAGE COMBINED $ WORKER'S COMPENSATION STATUTORY and EMPLOYER'S LIABILITY EL Including: $ (EACH ACCIDENT! 0 LONG SHORE MEN'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 the 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 'v\lhich 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 sho'M1 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 ot 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--------------- FORM U-650 CERTIFICATE OF INSURANCE AGREEMENTANDBONDS-PAGE6 x 1 8U-650ins.wpd Nov 2001 I POLICY NUMBER: _____ _ BUSINESS AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM It is agreed that the "Who Is An Insured" provision is amended to include as an insured the person or organization designated below as an additional insured, subject to the following provisions: ( 1) This insurance applies only with respect to any Liability arising out of the operation of covered autos on the additional insureds premises described below, (2). The Named Insured is authorized to act for such additional insured in all matters pertaining to this insurance, including receipt of notice of cancellation; (3). Return premium, if any, shall be paid to the Named Insured; (4). Nothing contained herein shall affect any right of recovery as a claimant which the additional Insured would have if not designated as such. CITY OF SAN JUAN CAPISTRANO Margaret R. Monahan, CMC City Clerk FORM U-651 x19U-651 insauto.wpd Nov 2001 INSURANCE ENDORSEMENT -AUTO 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 Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO Margaret R. Monahan, CMC City Clerk SCHEDULE (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 x20U-652 insliab.wpd Nov 2001 INSURANCE ENDORSEMENT -LIABILITY AGREEMENT AND BONDS -PAGE 8 APPENDIX -----------------····-- .. CALL~ TOLL FREE I I ® "'-......... below. Clll .............. ,.... ... ,d~AI.-t ~ C O N S T R U C T I O N P L A N S F O R C I T Y O F S A N J U A N C A P I S T R A N O C I P # 1 3 6 0 3 S A N J U A N C R E E K R O A D 1 2 " P V C R E C Y C L E W A T E R M A I N J U N E 2 0 1 3 PACIFIC OCEAN ~ I PROJEC T VICINIT Y M E M B E R S O F T H E C I T Y C O U N C I L VICINITY MAP NOT TO,......,. SHEET INDEX SHEET NO. DtSCRIPDON 1 C-1 2 C-2 3 C-1 4 C-2 5 C-J 6 11-1 7 11-2 8 11-3 g 11-4 10 11-5 TillE SHEET, 'JICINITY liN', AND LOCATION liN' C01E1W. NOlES, PROJECT CONTACTS. -noNS, l.EGENO, 11001 -· AND BASIS OF II[MHlS 12" P'IC WAIDI PIAN AND PROFU UNE STA. 1 0+00 TO STA. 21 +!50 12" P'IC WAIDI PIAN AND PROFU UNE STA. 21+:50 TO STA. JJ+OO 12" P'IC WAIDI PIAN AND PROFU UNE STA. JJ+OO TO STA. 41 +611: PR£SSURE REDUCING STATION PIAN AND SECT10NS A.OW CONTROL AND ME1lR1NC STATION PIAN, SECTION AND CONNECTION DETAIL LA PATA AND IIISTA IIONTANA PRV AND MEIDl CONNECTION REEDS ftESER\1011 RISER / GN' PIP£ AND W. PAIIPLONA PR£SSURE ~y 1 o 1 0 0 1 f 1 C A T I O N IIISCa.LAN£0US DETAILS J O H N T A Y L O R , M A Y O R S A M A L L E V A T O , M A Y O R P R O T E M D R . R O Y B Y R N E S , L A R R Y K R A M E R , D E R E K R E E V E C I T Y M A N A G E R K A R E N B R U S T " ' ~ i f / < : ; , . _ ~ . ~ - . . . . , ~ ~ i ! \ \ ' t ) \ ( _ p ? \ 4 ~ . S ~ ~ L O C A T I O N M A P N O T T O ~ C I T Y O F S A N J U A N C A P I S T R A N O 6ffl!!Mil; SANTA MARGARITA WATER DISTRICT JAIIIE AGUl.AR R. C. E. DATE I 1)01[ I BY I R£\1S10N ~ I N'P'D I 1)01[ I 6 f f l ! ! M i l ; C I T Y O F S A N J U A N C A P I S T R A N O I D E S I C H l > . - I < H O O D : - U l i . J T I [ S I : J M : C l t l j f ~ t . ~ 3 7 1 1 1 " ' " ' U C D I S I : N O . E X P . D A l E S A N J U A N C R E E K R O A D 1 2 " R E C Y C L E D W A T E R M A I N T I T L E S H E E T , V I C I N I T Y M A P , A N D L O C A T I O N M A P E N G I N E E R I N G D I V I S I O N C I T Y O F S A N J U A N C A P I S T R A N O D W G . N O . G - 1 S H E E T 1 O f 1 0 GENERAL NOTES 1. AU. WORK SHOWN ON THES£ PlNIS SHALL BE IN ACCORIW«:E W1TH THE APPl.JCAa.E SECnON OF THE STNIDMO SPECIACAnO N S F O R P U B U C WORKS CONSTRUCTION (LATEST EDITION), THE CITY OF SNI JUAN CN'1STRANO'S STANDARD PlNIS, NID ORANGE COUNlY RE S O U R C E S N I O DEVELOPMENT loWW;OIENT OEPARTIIENT {F'ORWERI.Y EWA) STANOARD PlNIS. 2. AU. WORK SHALL CONFORM TO THE STATE CONSTRUCTION SAFElY OROERS. 3. AU. WORK SHALL CONFORM TO THE CITY OF SNI JUAN CN'1STRANO LAND USE IIANACEMENT CODE. 4. CONTRACTOR SHALL COORDINATE THE WORK W1TH ANY EQUESTRIAN ACTMlY W1TH1N THE PROJECT AREA. 5. loiElER1NC STATION CONSTRUCTION SHALL WEET SNITA loiARCARITA WATER DISTRICT REQUIREMENTS. 8. THE CONTRACTOR SHALL OBTAIN Nl ENCROACHMENT PERMIT FROII THE CI1Y OF SNI JUAN CAPISIRANO PUBUC WORKS OEPARTI I E N T P R I O R T O COMMENCING EXCAVATION IN ANY PUBUC RIGHT-OF-WAY. 7. THE CONTRACTOR SHALL NOTlFY THE CITY ENC1NEERINC INSPECTOR AT (949) 443-6354 ANO ununES DEPARTIIENT AT {949) 4 8 7 - 4 3 1 1 A T UEAST TWO (2) WORKING DAYS PRIOR TO STARnNG ANY CONSTRIJCnON. 8. IN THE EVENT THAT EX1ST1NG PARI<ING STRIP1NC IS OIIUTERATED 8"1 CONSTR\JCnON, IT SHALL BE THE RESPONSIIIIUTY OF THE C O N T R A C T O R T O REPLACE SAID STRIP1NG. 9. AU. PAVING REIIOVAL SHALL BE SAW CUT AT THE CI1Y ENC1NEER'S 01RECnON: loi-..M DEPTH OF CUT -1 INCH. 10. STAT10NING REFERS TO CIENTERUNE OF THE P1PEUNE UNI£55 OTHERW1SE NOTED. 11. THE EXlSTEHCE AND LOCAnON OF ANY UNDERGROUND UTUT1ES OR STRIJCTIJRES SHOWN ON TH1ESE PlNIS WERE OBTAINED 8"1 A S E A R C H O F THE AVNA.N!A.E RECORDS. APPRfNAL OF TH1ESE PLANS 8"1 THE CI1Y OF SNI JUAN CN'1STRANO DOES NOT CONSTITUTE A REP R E S E N T A T I O N I>S TO ACCURACY OR COUPI.ETENESS OF THE LOCATION OR THE EXlSTEHCE OR --EXISTEHCE OF ANY U11UTY PIPE OR srRik T \ . i R E W 1 T H 1 N THE UIIITS OF Til$ PROJECT. THE CONTRACTOR IS REOU1RED TO TAKE AU. OUE PRECAIJT10IWIY lot£ANS TO PROTECT THE Ul1.1 T Y L I N E S N O T OF RECORD OR NOT SHOWN ON TH1ESE PLANS. THE CONTRACTOR SHALL BE RESPONS1IIlE FOR VER1n1NG THE ACTIJAI. LOCA T I O N N I O ELEVATIONS IN THE F1EUl. 12. CONTRACTOR SHALL BE RESPONS1IIlE FOR PROVIDING N10 loWNT-NG W-SIGNS, ll£VICES, UGHTS, N10 FLAGMEN IN AC C O R t W « : E W 1 T H THE STATE OF CAl.lf'ORN1A DEPMNENT OF TRANSPORTATION "'IANUAL OF TRAFfiC CONTROLS FOR CONSTRIJCnON NID lotAINTEN A H C E W O R K ZONES". 1 3. THE DEVELOPER/CONTRACTOR SHALL BE RESPONSII!lE FOR AU. S01L NIO MATERW..S TESTS. 14. AU. FORMS SHALL BE INSPECTED NIO APPflfNED PRIOR TO THE POUR1NC OF COIICRETE TO ASSURE PROPER SLOPE NIO LAY O U T . 15. REPORTS OF COIIPACnON W1TH1N THE 'IRAVEI.m WAY OF AU. STREETS SHALL BE SUIIII1TTED TO N10 APPflfNED 8"1 THE C11Y E N C 1 N E E R P R I O R TO PIACINC ANY IIIPROIIDotEHTS. 18. ANY TR£NCH CUTS EXCEE01NG 5' IN DEPTH SHALL REQU1RE A P£Rio1tT FROII THE CAI.JfORNIA STATE DEPARTio1ENT OF INOUSTR1 A I . S A F E l Y . 17. IT SHALL BE THE CONTRACTOR'S RESPONSaUTY TO PROTECT AU. TRAFfiC SIGNS WHERE APPI.JCAa.E. 18. WHERE GA0UN0 WATER IS ENCOUNTERED DURINC TRENCHING NIO/OR EXCAVATION A 11-* OF 1 FOOT OF NO. 2 ROCK SH A L L B E P l . - e m BENEATH ANY P1PE TO THE SAnSFACnON OF THE CI1Y ENGINEER. 19. CONTRACTOR SHALL PR0111DE A ClEAR UNOIISTII\JCTED WALKWAY FOR PEDESTRIANS PAST WORK ARE/>S. AT NO nilE SHALL PE D E S T R I A N S B E 01RECTED INTO A VEHICULAR LNIE. PROJECT CONTACTS AT.tT DISTIIIIUTlON ElENE KVTZIE SUIISTRtJClVRE REQUEST NOTICE 1285 N -BUREN ST NWEJII, CA 12807 XXX XXX xxxx xxxx 9 4 P T . A B A N D . A S A C P I > S P H . A C A V B C R B C B O B O T . B l l C A T V C I P C 8 ? c o C l R C O N C C O N S T C l i P C l l l i < C D I A . 0 1 P o w e . E r u e . E L E V . E N G . E C E X I S T . F B E F l l ' l G F l l r s F C F L I T . G C 8 H O R I Z H W l 1 0 I N T . I N V . I R R . {714) H&-5503 SC CAS III£A TRASII1SSION xxxx xxxx ~ D E T A I L N U I I B E R ~ E D R A W 1 N C N U i o t B E R W H E R E O E T A i l / S E C n O N A P P £ A R S TOLL FREE I STEVEN FABER 1919 STATE COULEGE BOULEVARD ANAHEIII, CA 92807 {714) 834-3217 SANTA loiARCARITA WATER DISTRICT (949) 459-8400 lllENHEIII EQU1SPORTS {149) 443-1841 ~ SANTA MARGARITA XXX XXX ()Ill' BY { I F D A S H E D , T H E N D E T A I L O R S E C T I O N I S O N S A l l E S H E E T ) . L K S E C T I O N L E T T E R ~ ~ ~ E S H E E T N U i o t B E R W H E R E S E C n O N A P P £ A R S ( I f ' D A S H E D , T H E N D E T A I L O R S E C T I O N I S O N - S H E E T ) -~ APP'O I DITr --·-. ---·-··-·· ·-. --··- ~ C I T Y O F S A N J U A N C A P I S T R A N O A B B R E V I A T I O N S A N G l E P O I N T A B A N D O N E D u n u l Y A G G R E G A T E B A S E I > S B E S T O S C E I I E N T P I P E I > S P H A I . T I > S P H A I . T C O N C R E T E N R / V A C B E G I N N I N G O F C U R B R E T U R N B E G I N N I N G O F C U R V E B L O W - O F F B O T T O I I I I E H C H M A R K C A B L E T E L E V I S I O N C A S T I R O N P I P E C A T C H B A S I N C E N T E R U N E C l E N I O U T C l E A R A N C E C O I I C R E T E C O N S T R I J C n O N C O R R I J C A T E D M E T A L P I P E C E I I E N T M O R T A R U N E O A N D C O A T E D 0 1 A M E T E R D U C n L E I R O N P I P E O R A W 1 N G E A S T E R l Y O R E L E C T R 1 C A I . E l E C T R I C A L L T . L L A T . L F . L C M H M A X . M I N . N 0 0 P V M T P C P I P R C P E P V C p p P S I R R A R W R C 8 R C P R T R / W s s o L E F T L E N G T H L A T E R A L U N E A I . F E E T U P O F C U T T E R I I N I H I O l E M A X I M U M M I N I M U M N O R T H E R l Y O U T S 1 D E 0 1 A M E T E R P A I I D o t E N T P L A S T I C C O H O U I T P O I N T O F I N T E R S E C T I O N P O I N T O F R E V E R S E C U R V A n J R E P O L Y E T H Y L E N E P O L Y V I N ' I \ . C H L O R 1 D E P L A S T I C P I P E P O W E R P O L E P R 1 E S S U R E P E R S O U A R E I N C H R A D I U S R A I L A O A D R E C L A I I I E O W A T E R R E I N F O R C E D C O N C R E T E B O X R E I N F O R C E D C O N C R E T E P 1 P E R I G H T R I G H T - O F - W A Y S L O P E O R S E W E R S T O R M D R A I N S Y M B O L L E G E N D • • D . I . - - - & . - ! A H E ! £ > E M . , I I F H - F f > o - G M i i i " ' ! G V e " ' . . . . . . . . . . . . G . P . 6 . 0 * P P - . . . . . . s c o c ! A H S ~ > - - - Q . . . . . . . . M H T ( i ) ! J ~ ( ; ) • ! A H W ® B L O C K W A L L / B R I C K W A L L / H E A D W A l l . C A B L E T E L E V I S I O N V A L V E D R A I N I N L E T E D G E O F P A V E I I E N T E L E C T R 1 C I I N I H I O L E E L E C T R 1 C M E T E R E L E C T R 1 C P U U L B O X F 1 R E H Y D R A N T F L A G P O L E C A S M E T E R C A S V A L V E G A T E G U A R D P O S T C U Y W 1 R E H N O C A P P £ I l C I W N L I N K F E N C E I R R I G A T I O N C O N T R O L V A L V E L I C H T S T D . P O W E R P O L E p p W / T R A N S R A l i G H T S E W E R C l E N I O U T S E W E R M A N H O L E S I G N S L O P E S T O R M 0 R A 1 N I I N I H I O l E S T R E E T l i G H T T E L C O 1 1 N 1 H 1 0 L E T E L C O P U U l B O X T R A F f i C S I G N A L T R E E T R E E P A I . I I V E N T R I S E R W A T E R I I N I H I O l E W M • W A T E R M E T E R E L E V A T I O N E N C A S E D s s S S P W C S A N I T A R Y S E W E R O R S T A I N L E S S S T E E L S T A N D A R D S P E C I F I C A T I O N S F O R W V ® W A T E R V A L V E - - E - - - E X I S T I N G P O W E R C A B L E E N D O F C U R V E E X 1 S T 1 N G I ' U S I O N B O N D E D E P O X Y F L O W l J N E F l N I C E F O R C E M A I N F l N I S H S U R F A C E F 1 1 1 S H G R A D E r u n J R E C A S G R A D E B R E A K H O R I Z O N T A L H 1 C H W A T E R L E V E L I N S I D E 0 1 A M E T E R I N T E R S E C T 1 0 N S P E C ' S S T A . S T D . S T L . U . O . N . P U B U C W O R K S C O N S T R U C T I O N S P E C I F I C A T I O N S S T A T I O N S T A N D A R D S T E E L U N L E S S O T H E R W I S E N O T E D T E L T E L E P H O N E T C T Y P . V C P V E R T w w v T O P O F C U R B T Y P I C A L V I T R I F I E D C l A Y P I P E V E R T l C A I . . W A T E R W A T E R V A I . . V E I N V E R T I R R I G A T I O N P R I V A T E E N G I N E E R ' S N O T I C E T O C O N T R A C T O R T H E E X I S T E N C E A N D L O C A T I O N O F A N Y U N O E R C R O U N D U T U T 1 E S O R S T R I J C T I J R E S S H O W N O N T H 1 E S E P l N I S A l l £ O I I T A I N [ I ) 8 " 1 A S E A R C H O F / I N M J « . £ f i [ C O R O S T O T H E B E S T O F O U R K N O W l . £ D G E . T H E R E A l l £ N O E X 1 S T 1 N G U T U T 1 E S E X C E P T T H O S E S H O W N O N T H 1 E S E P l N I S . T H E C O N T R A C T O R I S R E C I U 1 R £ D T O T A K E A U . P R E C A I J T 1 0 I W I Y I I E A S I J A £ S T O P R O T E C T T H E U T U T l E S S H O W N , A N D A N Y O T H E R U N E S A N D S T R U C T U R E S N O T S H O W N O N T H 1 E S E P l N I S N 1 0 I S R E S P O N S 1 B L E F O R T H E P R O T E C T I O N O F A N Y O A I I A C E T O T H E S E U H E S O R S T R \ J C T I J R E S . C O N T R A C T O R A G R E E S T O A S S U I I E S O L E N I D C O M P L E T E R E S P 0 N S a U T Y F O R J 0 8 S I T [ C O N 0 1 l 1 0 N S D U R 1 N C T H E C O U R S E O F C O N S T R U C T 1 0 N O F T H E P R O J E C T , I N C l U D I N G S A F E T Y O F A U . P E R S O N S N I O P R O P E R T I E S : T H A T T i l $ R E O U 1 R E I I E N T S H A L L N ' f ' t . Y C O N T 1 N U O U S L Y N I O N O T B E l . A I 1 T E O T O N O R I I A I . W O R K I N G H O U R S : T H A T T H E C O N T R A C T O R S H A L L D E F U I O , ~ F Y N 1 0 H O l D T H E 0 W 1 € R N I D E N C 1 N E E R ~ F R O I I A N Y A N D A U . ~ : R E A L O R A L L E G E D , I N C O N N E C T I O N W 1 T H T H E P E I I F 1 l R I I A N C E O F W O R K O N T I I S P R O J E C T , E X C E P T 1 N G F O R ~ A R I S I N G F R 0 1 1 T H E S O L E N E G U G O I C E O F T H E O W I € R O R E N C 1 N E E R . - - T E L - - - E X 1 S T 1 N G T E l . . E P I I O N E C O N D U I T - - - - c r v - - - E X 1 S T 1 N G U N O £ R G R O U N O T . V . C A B L E - - G - - - E X 1 S T 1 N G C A S L I N E - S I Z E 1 > S I N O I C A T E D O N P l N I - - W - - E X 1 S T 1 N G W A T E R I I A I N - S I Z E I > S I N D I C A T E D O N P l N I - - S - - E X 1 S T 1 N G S A N I T A R Y S E W E R - S I Z E I > S I N D I C A T E D O N P L A N - - S O - - E X I S T I N G S T O R M O R A I N - S I Z E I > S I N D I C A T E D O N P L A N - - U N K - - U N K N O W N u n l i T Y B A S I S O F B E A R I N G S ~ = ~ ~ ~ ! : : " " ~ N o ~ " ' . : n c ~ t h e s t ! : : " & : - s ~ ~ ~ j c i ! . " ' l - I I ' 1 3 ' 1 7 " E o o t . p e r r w c o r d o o n f i l e i n t h e o f f i c e o f t h e C l r o n g e C o u n t y S u r w y o r . D A T U M S T A T E M E N T C o o n l i n a t • - . , . b o o e d o n C a l i f o m i o c - d i n o t . ~ ( C C S S J ) , Z o n e \ 1 1 , 1 M 3 N A O , { 2 0 0 7 . 0 0 E p o c h O C S C P S a d ~ ) . N A d l o t a n c e e - . , . . . 9 " " " " 1 , . . , . . . . n o t e d . T o o b t o l n g r i d d l • l o n c n m u l t i p l y 9 r o u n d d i . t a n c e b y 0 . 9 9 9 9 5 1 1 : 1 2 . B E N C H M A R K o c s - J W - 7 & - 1 1 9 N A V D 1 1 1 o . . a t i a n • 1 7 5 . 1 4 3 y - l o w l a d 1 1 1 1 1 9 3 3 / 4 " O C S o 1 . . . . , ; n u m - r i c d i o k . t a m p e d : J W - 7 & - 1 1 9 : l . . o c o t e d f n > m t h e i n t W M C I I o n o f O r t e g a H i 9 f h w a y ( S t a t e - 7 4 ) a n d L a P o l o - . . . . p r e c e a d ~ o l o n g O r t e g a H l 9 h • C I Y 1 7 0 0 f t . : t t o t h e . . . . t h e < 1 y e n d o f t h e - . r 1 y - - ~ o f t h e O r t e g a H i 9 " - Y I J r i d t e - S a n J u a n c . . o k . S t a t i o n I • M l a n t h e t o p o f t h e b r i d t e d e c k , 2 f t . ~ o f f t h e n a t l l l r a i l a n d 3 2 f t . w n t e r 1 y o f t h e - e r i y e n d o f t h e r a i l . - ~ i • M t - w i t h t h e - C I T Y O F S A N J U A N C A P I S T R A N O S A N J U A N C R E E K R O A D 1 2 " R E C Y C L E D W A T E R M A I N G E N E R A L N O T E S , P R O J E C T C O N T A C T S , D W G . N O . ~ ~ - A B B R E V I A T I O N S , L E G E N D , B E N C H M A R K , A N D ~ II I I I = - ~ - : " " - - - - = = - B A S I S O F B E A R I N G S ~ ~ < - ' - · - - : n • • . . : ; : . , u C I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ A . P \ 5 ' l ~ ~ ~ ~ A N O S H E E T 2 O F 1 0 WATER DISTRICT CAll.~ I ® ~ ..... below. Cell ............... UrwWoround s.n~n "'-" JAMIE AGUILAR R. C. E. DATE a ~ < ~ 9 llll~r:m_ -~~ CaiM'IfiiUIIIt'IIIIIIRJ011cl8---10 MDIMit SANTA MARGARITA WATER DISTRICT -N»U/1. II. c. E. DAlE 11 \ \ 1 I •\ ~I 12 ~I 'c \o \\ ~ \"' \~ l ___ ,_ ~~. \ \l,\ ~ \\ "I r.\fj--"' L-;:t-'0~~ ·~ \ ....,.. 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M , 8 ' \ I N THIC K N E S S ( 5 8 0 - C - 3 2 5 0 ) . USE f 4 R E 8 N I S e 1 2 " o . c . 80T H W A \ ' S . P L A C E I N C E N T E R OF S I . M . ~ - e• THICK Cll8 COMPACTEO TO 95!1 RELATIVE DENSITY ~~~~.A-AQ) RE\ISlON OCSCRIPTlON N'P"D DATE ~ N O I E I T O o o r m w m : ! 8 : I . H Y D R O S T A T I C T E S T I N G F O R P I P I N G A N D V A L V E S P E R P R O J E C T S P E C I F I C A T I O N S . 2 . P I P I N G A N D V A L V E S S H A L L B E C O A T E O I N A C C O R D A N C E W I T H P R O J E C T S P E C I F I C A l i O N S . C O L O R T O B E A P P R O V E D B Y C I T Y E N G I N E E R . 3 . C O N T R A C T O R S H A L L B E R E S P O N S I B L E F O R E X C A V A T I O N O F E X I S T I N G R E C Y C L E W A T E R M A I N T I E · I N L O C A l i O N T O V E R I F Y P I P E S I Z E . T Y P E . I t L O C A T I O N B E F O R E S T A R T O F C O N S T R U C T I O N . 4 . U S E E X P A N D E D M E T A L E N C L O S U R E T O E N C L O S E E A C H O F T H R E E H Y O R A U U C C O N T R O L V A L V E S ; & " P I R E S S U R E R E D U C I N G V A L V E ; 4 " P I R E S S U R E R E D U C I N G V A L V E ; 4 " P I R E S S U R E R E U U V A L V E . E N C L O S U R E S H A L L B E F A B R I C A T E D O F 3 0 4 S T A I N L E S S S T E U I N C L U O I N G 3 0 4 S T A I N L E S S S T E E L F R A M I N G , A N D 3 0 4 S T A I N L E S S S T E E L F A S T E N E R S . N U T S , A N D B O L T S . T H E E N T I R E E N C L O S U R E S H A L L B E P O I I O E R C O A T E O . E N C L O S U R E S H A L L B E S U P P Q R T E O B Y B O L T W I G T O T H E F L A N G E S O N E I T H E R S \ O E S O F E A C H V A L V E . A P O R T I O N O F T H E E N C L O S U R E S H A L L B E R D I O V A I I L £ T O P R O \ o 1 D E A C C E S S T O T H E V A L V E A N D I T S C O M P O N E N T S . T H E R E M O V A I I L £ P O R T I O N M U S T B E S E C U R E D W I T H A L O C K I N G H A S P T O T H E M A I N E N C L O S U I I [ F R A M E T O P I I E \ U I T U N A U T H O R I Z E D A C C E S S . C O N T R A C T O R S H A L L S U I I I I I T S H O P D R A W I N G S F O R T H E E N C L O S U R E I N C L U D I N G P A I N T C O L O R C H A R T F O R A E W : W A N D N ' f ' R O V A L P R I O R T O r A I I A I C A T I O N . F A I I R \ C A T I O N B Y O C E A N P A C \ F l C S H E E T I I E T A L C O M P A N Y . S A N C L E M E N T E , C A . 9 4 9 - 4 9 1 1 - 4 4 7 8 . < = i ' l l ~ S ~ ~ ~ ~ - - ~ ~ ~ ~ · . - . 8 " T H I C 1 ( C l l l l C O M P A C T E D T O 9 5 ! 1 R E L A T I V E D E N S I T Y ~ ~ ~ ~ . e - a ( D C O N C R E T E S I . M , 8 " ' l t t T H I C I ( N E S S ( 5 8 0 - C - 3 2 5 0 ) . U S E f 4 R E B A R S e 1 2 " o . c . 8 0 T H W A \ ' S . P L A C E I N C O l T E R O F S I . M . U S T O F M A T E R I A L S S I Z E Q l Y 1 C O i o i B I N A T I O N A I R / V A C P E R C I 1 Y S T D . W - 1 8 A S N ' P l . l C A B l E 1 " 2 2 D I P C L 5 4 T E E ( F l C • F l C • F l C ) e · . e · x a · 2 3 D I P C L 5 4 S P O O l ( F l G • F l G ) L E N G T H A S R E O U I R E D a · A S R E Q ' D 4 D I P C L 5 4 T E E ( F l G K F l G K F l C ) e · x a · x · · 3 5 R E S I U E N T W E D G E G A T E V A L V E W I T H H A N D W H E E L 4 " 3 8 R E S I U E N T W E D G E G A T E V A L V E W I T H H A N O W H E E L a · 2 0 P R E S S U R E R E D U C I N G V A L V E ( C L A - V A L 9 2 - 0 1 B C K C O . S . S . P I L O T R Y e · 1 A N D C O N T R O L ) i ® P R E S S U R E R E D U C I N G V A L V E ( C L A - V A L 9 2 - 0 1 I I C K C D , S . S . P I L O T R Y 4 " 1 A N D C O N T R O L ) I ( 9 ) D I P C L 5 4 9 0 " ~ ( F l C K F l C ) 4 " 4 ~ g ) D I P C L 5 4 S P O O l ( F l C K F l G ) 4 " A S R E Q ' D @ P R E S S U R E R E U U V A l V E ( C L A - V A L 5 0 - 0 1 B K C O , E P O X Y U N E O 4 " 1 A N D C O A T E O , S . S . T R I M ) 1 2 C O N C R E T E 0 R A 1 N P A D W I T H 8 " • 8 " C U R B 2 ' • 3 ' 1 1 3 A O J U S T A I I L £ P I P E S I J P P Q R T P E R D E T A I L 2 o w e . M - 5 - 4 1 4 D I P C L 5 4 9 0 " ~ ( F l C K F l C ) a · 2 1 5 F l O O R P I P E S L E E V E P E R D E T A I L 1 o w e . M - 5 - I 1 8 1 2 " D E E P R O C K C A U . E R Y ( 2 " R O C K ) - - ! ~ D I P I U I O F I A N C E W I T H 2 " A P T O U T L E T a · 2 1 a 3 0 4 S . S . F A I I R \ C A T E O E N C L O S U R E ( S E E N O T E 4 ) - 3 1 9 S l Y l E 3 3 V I C T A I J U C C O U P U N C l e · 1 ~ D I P C L 5 4 S P O O l ( F l . 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E . 3 7 6 1 6 P R E S S U R E R E D U C I N G S T A T I O N P L A N A N D S E C T I O N S E N G I N E E R I N G D I V I S I O N C I T Y O F S A N J U A N C A P I S T R A N O M - 1 S H E E T 6 O F 1 0 \ \ I \ \ ' UST O F M A T E R I A L S S I Z E Q T Y 1 PVC C900 OR 1 4 R E C Y C l E D W A T E R U N E 1 2 " - ~ 2 LONG 900Y T R A N S I T 1 0 N C O U P U N G ( I I J x i i J ) 1 2 " 1 3 DIP CL 54 SP O O L ( F L G x P E ) L E N G T H • 4 ' 1 2 " 1 S C A L E : 1 " • 2 0 ' • DIP CL 54 110 ' ~ ( F L G x F L G ) 1 2 " 1 5 OtP CL 54 SP O O L ( F L G x F L G ) L E N G T H ~ R E Q U I R E D 1 2 " 2 G R A P H I C S C A l E 1 8" DIP TO SlotWO CONNECTION DETAIL 3 ON SHEET 11-2 ~ ~ e DIP CL 54 TE E ( F L G x F L G x F L G ) 1 2 " x 1 2 " 1 7 IIUNO FLANGE W I T H 2 " F 1 l ' 1 ' O U T L E T 1 2 " 1 o - - 2 i r - . O · 6 0 · ~ ; ~ ] : " 11 ~ ~ POINT PER SITE PlANS AND PER <0 I ~ I s -o ,' , r,' I : .·.~ ., . .. ·. ·. .. ·. ... ~ ·. .. : CONCRETE SlAB, e"lo11N THICKNESS (580-C-3250). 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G x G I I O O \ ' E ) L E N G T H ~ R E Q U 1 R E D e · @ ROSDtOUNT 8 7 0 5 I M G N E T 1 C F L O W M E T E R B Y E l i E R S O N e • PROCESS IMNA G E i o i E N T 1 e V1CTAUUC COU P U N C S M . £ 3 1 e · 1 NOT USC) - 18 P1PE PENETRA T 1 0 N P E R D E T A I L 1 o w e . 1 1 - ! 1 - IQ OtP Cl 54 TE E ( F L G x F L G x F L G ) a · . a · 20 IIUNO FLANGE W I T H 2 " F 1 l ' 1 ' O U T L E T e · 21 DIP CL 54 110' ~ ( I I J x W ) e · / ~ ' > 0 : . ' - - ~ y / : ' Y ; / / ; c r , ' ' ~ ' ~ " C O N C R E T E S l A B . e ' \ 1 1 1 T H 1 C K N £ S S ( 5 8 0 - C - 3 2 5 0 ) . U S E # 4 R E I I A R S 0 1 2 " D . C . B O T H W A Y S . P L A C E I I C E N T E R l l D o . I O f t . 2 2 2 3 1 \ \ ' ' \ \ 2 2 1 : ) \ . \ 1 - ~ R E Q ' O 1 1 1 :=m 2 ·1 J O F S l A B . e • T H I C K C 1 1 8 C O I I P A C T E O T O SEE SHUT C-3 COHTIIUAT10N M~!~ STATION PLAN ED SCALE: 1/~ • ' -u MZJW m OON1"MQJJB 1. HYDROSTATIC TESTING FOR PIPING ANO VALVES PER PROJECT SPECIFICATIONS. :Z. -G AND VALVES SHALL I[ COATED IN ACCORDANCE WITH PROJECT SPECIFICATIONS. COl. OR TO I[ APPROVED BY SIIWO. l. CONTRACTOR SHALL I[ RESPONSia.E FOR EXCAVATION OF EXISTING RECYCLE WATER MAll TIE·IN LOCATION TO VERIFY PIPE SI2E, TYPE It LOCATION BEFORE START or CONSTRUCTION. SEE SHUT C-3 FOR CONT1N\JAT10N 9 5 l l R E L A T I V E O E N S I T Y ! ~ ~ f ! . A - A C ) e • D 1 P 1 P E S E E S H E E T C - 1 F O R C O H N E C T 1 0 N T O S l o t W O P I P I N G ~ e ' D I P C l 5 4 \ \ \ \ \ S T A . 4 0 + i 1 , 8 4 I I S T A L L e · O t P 4 5 ' ~ ( W . W ) <i I lli.TE BY RE\1SION llESOliP110N AI'P'D lli.TE ~ I ~ ~ f ' f C I ' N ~ TOLL FREE 1 1 1 : : . ~ r , ~ ~ 1 f ' l f i 1 " " € I ® E R I C P . B A U M A N R . c . E . - - o m - 1 1 1 § 1 ~ 3 7 6 1 6 - , ~ 1 1 - - - - F I B > B Y : . . . - - - - ; s K ) N - ~ ~ ~ 9 2 6 9 2 ( 9 4 9 ) 3 4 0 - 6 6 4 2 : 9 4 9 ) 3 4 0 - 6 6 4 0 F A X E X J S T 1 N G 8 " C M I . . 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") .. ~ \.-~ ~ ..,. .• . ?""\ ..... -0 ~\ \\ \ --\ \ \. \ \ \'. 1 'I << \ ~ ~ - - - - ' \ \ \ \ \ \ ; ' " I i \ ~ 1. CONTRACTOft SHALL FJELD V£R1FY OlloiENSIONS or EXISTING P1P1NG, FITTINGS, AND SITE IIIPIIOV£1o1ENTS PR10ft TO CONSTRUCTION. S C A L E : 1 " • 2 0 ' 2. CONTRACTOft TO PIIOTECT IN PlACE All EXISTING UTILITIES AND llo1PROV£1o1ENTS UNLESS OTN[IIW15[ SP[CIFIEO ON PLANS. G R A P H I C S C A L E ~ v y 1 ~ * \ ~ 3. DUCTILE IRON l'lANCEO P1PE SHALL CONFORiol TO AWWA C151 AND AWWA C115. BUR1EO DUCTILE IRON Pl't: SHALL II[ IISTALLEO WITH TYPE 311 55 801. TS AND NUTS FIELD COA TEO W1TN COAL TAR EPOXY, AND WIW'P£0 W1TN POL Y[TNYL[N[ ENCASEioiENT IN ACCORDANCE WITH AWWA o · 2 0 · . o ; . o · C105. DUCTILE IRON PI'[ SHALL II[ loiANUFACTUII£0 BY AloiER1CAN CAST IRON P1PE COWANY, US P1PE AND FOUNDRY COW ANY, OR APPROV£0 EOUAL. 4. TRENCH BACICFILL AND COWACTION I'[~ SJC STD. OWG. 5. 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I E Q J J Q I ' I P Y C A N D C O I I P A C T E D T R E N C H T O " " R E I A ~ D E N S I T Y 1. CONTRACTOR SHALL FIELD VEAIFY OtiiENSIONS ~ EXISTING PIP1NG, nTTINGS, AND SITE IIM'ROVEIIENTS PRIOR TO CONSTRUCTION. 2. CONTRACTOR TO PROTECT IN PLACE ALL EXISTING UTILITIES AND IWPROVEIIENTS UNLESS OTHERWISE SPECIFIED ON J PLANS. C I T Y O F S A N J U A N C A P I S T R A N O ~ J. DUCTILE IRON fLANGED PIPE SHALL CONFDRW TO AWWA C1~1 AND AWWA C115. BURIED DUCTILE IRON PIPE SHALL BE 1 :::~w~~~L::.~ E~~':si::}TS 1~6~0:~N~~T~::'A"wi~A 6f~.W1~ci~t~: ~~~-:;,_t~DBE ~A':~A~~RED BY o AIIEAICAN CAST IRON PIPE COMPANY, US PIPE AND FDUNORY COMPANY, OR APPROVED EQUAL. ;;! R I S E R D E T A I L N O T T O S C A L E S A N J U A N C R E E K R O A D 1 2 " R E C Y C L E D W A T E R M A I N 1: 4. CONCRETE PAD SHALL S' """ ABOVE EXISTING GROUND. ~ :i 5. AISER EXACTED LOCATION SHALL DETE-ED BY C1TY ENGINEER. ~ CALL ~ ll'TE BY R!.\1SIOH I)[SCRf'TQI APP'O ll'TE & w 8 · F S A N J U A N C A P I S T R A N O a ~ ~ E : s ~ ~ f ' I & " A R E D B Y : 2 2 3 2 1 B I R C H L E A F R E E D S R E S E R V O I R R I S E R / G A P P I P E I I ~ TOLL FREE I ~ ~ l . " o f t . . ~ ' r t f M I S S I O N V I E J O . C A 9 2 6 9 2 A N D V I A P A M P L O N A B A C K F L O W .!l I ~ t i ~ ~ , ~ ( 9 4 9 ) 3 4 0 - 6 6 4 2 13 I ® E R I C P . B A U M A N R . c . E . - - - o m - ~ . , ! , 3 7 6 1 6 ~ ( 9 4 9 ) 3 4 o - & & 4 0 r A X A S S E M B L Y M O D I F I C A T I O N ~ D < S C N < I > . I " " " " ' ' 1 J l l P R U ' A R I ' D U N O ! R T H E S U P E R V I S I O N O F : .. -...... -. - . . . . . . . . . . , . . . ~ " ' C I V I l , . . , . . . . . E N G I N E E R I N G D I V I S I O N I I tj Cal~rooo ...,. D I E C K E D : D A T E : ~ c \ ~ ~ ;:;-......, ., =., N.,.,..... S N A . . . . . - . P . < . J ' . . _ . . . " " 3 l u r u " " D I O ( c ! O O o . c . 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J 7 6 1 6 C I T Y O F S A N J U A N C A P I 8 1 ' R A N O S H E E T 1 0 O F 1 0 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493·1 053 FAX www.sanjuancapistrano.org TRANSMITTAL TO: EAR Engineering 4097 Trail Creek Road Riverside, CA 92505 Attn: Ravindra P. Pendurthi DATE: October 3, 2013 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Construction Contract-San Juan Creek Road Recycled Water Pipeline Project SAM ALLEVA TO ROY L. BYRNES, M.D. LARRY KRAMER DEREK REEVE JOHN TAYLOR 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 construction contract for your records. Cc: Eric Bauman, Utilities Engineer San Juan Capistrano: Preserving the Past to Enhance the Future " ~.J Pnnted on 100% recycled paper