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C-3037(B) - Big Canyon Floating Cover and Disinfection System.
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC October 25, 2006 Banchee Construction Company P. O. Box 5247 San Bernardino, CA 92412 Subject: Big Canyon Reservoir Covering and Disinfection Facilities (C -3037) To Whom It May Concern: On October 25, 2005, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on December 1, 2005. The Surety for the contract is Arch Insurance Company, and the bond number is SU1003652. Enclosed is the Faithful Performance Bond. Sincerely, / 4/ /7). A�� LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Michael J. Sinacori, P.E. enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES CONTRACT NO. 3037 BOND NO. mw3652 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 51,898.11 being at the rate of $ 17.00 slide per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Banshee Construction Company, Inc., hereinafter designated as the "Principal -, a contract for construction of BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES, Contract No. 3037 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3037 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Arch inwwawe company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of five million, six hundred sixty-four thousand, fifteen and 001100 Dollars ($5,664,015.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, . and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport.Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 3rd day of February 2 Xichael T. Orear President Banshee Construction (Principal) orized Signature/Title Arch lnsarance Company . Name of Surety 505-2 .-Bidwell St., #272, Folsom, CA 95630 Address of Surety (415) 743 -8142 Telephone 1"CL2 Authorized Agent Signature Eric Bieto, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED K7 CALIFORNIA AL4PURPOSE ACKNOWLEDGMENT STATE OFCALIPORNlA } } COUN77OPSMFRAIVCLSCO } On Febroary 3. 2004 before plea YOLANDA A. HALAL, NOTARY PUBLIC. Dote Namle. Tale of Oraff, Nor Fab& pemmsally appeared ERIC NIETO. - ATTORNEY —IN- -FACT 0=31 or 990=3r ® perwonaUy brawn to me - be the pmon(Sywhose nameAV isfiWsubscribed to the within Ms&wm and acknowledged to me that heA*#A y executed the same in hir)W*g# authorized cgwdtyW4, and that by hts#n*Wsignaturokon the iastrrmrent the personfs), or the entity upon behalf of which the pason(lpaded, executed the arstnaneat. W1T9 Mmy hand and o,{jidd seal. o / 9 .. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of San Bernardino On Feb. 11, 2004 before me, Caryn J. Bergen, Notary Public , Date Name and Title of Officer (e.g., 'Jane Oae, Notary Pudic) personally appeared Michael T. Orear Name(s) of Sigmuls) CARtTf A 6fylGEN Col M"On! 1464416 L � X7 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(W whose name(W is /WX subscribed to the within instrument and acknowledged to me that hetfi(f;Kq{executed the same in hiskiiii0ak authorized capacityi}S6$ and that by hisr9fiKiiE NK signaturejton the instrument the personOS), or the entity upon behalf of which the personQB) acted, executed the instrument. WIT S my hand and official seal. Place Notary Seal Above Signature 0 Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: raii-hfnl Pprfn=ancp Rond #S11100_3652 Document Date: February 3, 2004 Number of Pages: 2 Signer(s) Other Than Named Above: Eric Nieto Capacity(ies) Claimed by Signer Signer's Name: Michael T. Orear ,. ❑ Individual IR Corporate Officer — Tille(s): President Top of thumb here ❑ Partner —❑ LJmited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing:_ Banshee Construction Company, Inc. 0 1997 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 Prod. No 5907 Reorder. Cell Tdl -Free 14800 - 676-6827 Brown, Leilani From: Sinacori, Mike Sent: Thursday, December 15, 2005 9:30 AM To: Locey, Mary Cc: Brown, Leilani; 'CGentry117 @aol.com' Subject: RE: Banshee Construction Caryn Bergen Banshee Construction Company P.O. Box 5247 San Bernardino, CA 92412 909 -885 -7707 Try this above. From: Lacey, Mary Sent: Thursday, December 15, 2005 9:28 AM To: Sinacod, Mike cc: Brown, Leilani Subject: Banshee Construction Leilani received the Labor and Materials Bond back in the mail as non - deliverable to Banshee Construction at 1600 East Steel Road, Colton, CA 92324. Do you have a new address or PO Box for them? Mary Locey I Public Works Specialist I City of Newport Beach Phone: 949 -644 -33111 Fax: 949- 644 - 33181 Email: tnlocey @city.newport- beach.ca.us m o O {'! 1 r a a — ,t o � N W W — + N O W a O W (Y = O d0 O — WOd h — Od3 W[90 rWi NQLL .t OWO F cl W mWa 0 O b C5� _ o U W O W H U i x ry iz�, CC) U � Q U U S � �W o m C0 'S a ° o r N LO sZ. b wrU m CIS ' n � c p U LQ L Za� a j« om ;3 i w N pm o W Z �i H si �7U �u. oADD ne, CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harldess, MMC December 1, 2005 Banshee Construction Company, Inc. 1600 E. Steel Road Colton, CA 92324 Subject: Big Canyon Reservoir Covering and Disinfection Facilities (C -3037) To Whom It May Concern: On October 25, 2005, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on October 27, 2005, Reference No. 2005000865290. The Surety for the contract is Arch Insurance Company, and the bond number is SU1003652. Enclosed is the Labor & Materials Payment Bond. Sincerely, aV �� LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES CONTRACT NO. 3037 BOND NO. smm3652 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Banshee Construction Company, Inc., hereinafter designated as the "Principal," a contract for construction of BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES, Contract No. 3037 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3037 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Arch Insurance cans duly authorized to transact business under the laws of the State of Califomia, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of five million, six hundred sixty - four thousand, fifteen and 001100 Dollars ($5,664,015.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required .to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. m U L� The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the Califomia Civil Code so as to give a right of action to them or their assigns in any suit brought upon "this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not .exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 3rd day of February Michael T. Orear President Banshee Construction (Principal) rued Signature./Title Arch Insurance Crspany Name of Surety 705 -2 E. Bidwell St., #272, Folsor, CA 95630 Address of Surety (475) 743 -8142 Telephone -ez Authorized Agent Signature Eric Eieto, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STA7BOFGlLlFOR1VlA } ) COUN77OPSANPRANCISCO } to February 3, 2004 before me, YOLANDA A. HALAL, NOTARY PUBLIC. Dom NawK M ojOfira . Naary Fab is pe"Mauy appemrd MIC NIBTO. - A'LTORHB7C— Ili —FACT Rims) v aooma) ® personally known to me - to be the person(s),whose nameN isWtsabsctr7red to the within insfra nentand adamwiedged to me that he#A~ exma d the smne in his/PW*q#ardhonzed capadiy(tlsj, and that by his/ /si aatar0koa the inszrranent the personfs), or the entity upon behalf of which the pttwaft yaeted, exeuded the insirament. 14 Az/ MY h.. 4�OWER OF ATTORNEY Know All Man By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Katsuko Taketa, Eric Nteto, John T. Lettkrrk Paul Rodriguez, SylAa Ng, Mark Roppo, and Saundra L. Gingras of San Francisco, CA (EACH) its true and lawful Attomey(s }in -Fact, to make, execute, seal, and deliver from the date of Issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the some obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned. Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 7 of 2 Printed in U.S.A. l , in Testimony Whereof, the Compares: ds caused this instrument to be signed & Ift corporate seal to be affixed Uy their authorized officers, this 11th day of March, 2003. Attested and Certified STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS Arch Insurance Company W 1, Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seat and delivered the said 'instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. .♦s�r.r rF ' •�iL'_ xy�.ri.. . �•y •S . , , °ate CERTIFICATION ' it CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby cattily that the attached Power'of Attorney dated March 11, 2003 on behalf of the person(s) as listed above is a true and correct copy and that the some has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate, and 1 do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 3rd day of February 2004 Label. Cefporade Seery This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Kansas MO OOML0013 00 03 03 tux Page 2 of 2 'm_ ' Printed in U.S.A. J, CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby cattily that the attached Power'of Attorney dated March 11, 2003 on behalf of the person(s) as listed above is a true and correct copy and that the some has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate, and 1 do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 3rd day of February 2004 Label. Cefporade Seery This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Kansas MO OOML0013 00 03 03 tux Page 2 of 2 'm_ ' Printed in U.S.A. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of San Bernardino On Feb. 11 , 2004 , before me, Caryn s_ Bergen, nrotar}, rubs ; c , DeN Name a+xl 7Ne d r je.g.,'Jane Doa, Notary Po r ) personally appeared Michael T. Orear Name(s) of Spgmr(s) EXpersonaliy known to me ❑ proved to me on the basis of satisfactory evidence to be the personT4 whose name(% is/aW subscribed to the within instrument and acknowledged to me that he/XbjMgWxecuted the same in his/tRPAigi}; authorized capacity(jm), and that by his/XOMGIK signature on the instrument the person(A), or the entity upon behalf of which the person(y) acted, executed the instrument. W SS my hand and official seal. I . %ace Ndery Seal ABova signau f Notary blic OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Labor and Materials Payment Bond NSU100365 Document Date: February 3, 2004 Number of Pages: 2 Signer(s) Other Than Named Above: Eric Nieto Capacity(ies) Claimed by Signer Signer's Name: Michael' T. Orear ❑ Individual I$ Corporate Officer— Title(s): President ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: Banshee Construe 0 1997 National Notary AssoclMon • 9359 De Soto Avg., P.O. Box 2402 • Chat.mm. CA 91313 -2492 Prod. No. 5907 Reorder. Call Tdl -Free 1-399 MTa 7 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 E R corded in Official Records, Orange County Tom Daly, Clerk-Recorder IIIIIII!!!II!!!II III! Illllllliillll! liilllllllllllllllll !!IIIII!I!IIIIIIIINO FEE 2005000865290 02,36pm 10127105 200 67 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recur ing ees pursuant to Govemment Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Banshee Construction Company, Inc., of Colton, California, as Contractor, entered into a Contract on February 10, 2004. Said Contract set forth certain improvements, as follows: Big Canyon Reservoir Covering and Disinfection Facilities (C -3037) Work on said Contract was completed on November 12. 2004, and was found to be acceptable on October 25. 2005, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Arch Insurance Company. 00 r J J -• co �- y ;. -, ublic W9�g Director City of, wport Beach �,,• >'. VERIFICATION I certify, und& penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on Fl� a L�, a670 S' at Newport Beach, California. b) 1P 0 0 R E CEIVE -D BANSHEE CONSTRUCTION COMPANY, INC. 'ffi WR Jg0"?-.58TEEL ROAD - COLTON, CA 92324 (909)824 -0393 - (909) 824 -8919 0 I'H CITY CLERK ..,71. fl!ITBEACH C-� 14 Mt g(ll Date Copies Sent To: ❑ Mayor ❑ Council Member El Manager /U xttorn LETTER OF TRANSMITTAL TO: City of Newport Beach DATE: April 15, 2005 ❑ 3300 Pacific View JOB: 04/8600 - Big Canyon Floating Corona Del Mar, CA Cover Contract #3037 ATTENTION: Mike Sinacori REGARDING: Val -Matic Stop Notice ENCLOSED PLEASE FIND THE FOLLOWING ITEMS: I Fully executed Release of stop Notice Bond in the amount of $65,683.47 COMMENTS Enclosed please find the above referenced release of Stop Notice Bond to release the money being held on this project. Please contact me if you need further information to process the November, 2004 payment. c Thank you in advance for your attention to this request. - M - C41 Cn y SIGNED: Caryn J. Bergen, Administrative Supervisor. e ts.! Pi 0 RELEASE OF STOP NOTICE RECEIVED NOV 0 3 2005 TO: City of Newport Beach Public Works Department Public Works Department City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 Re: Project Name: Big Canyon Reservoir Floating Cover and Disinfection Facilities Project No.: 04 -86, Contract No.: 3037 Project Location: 3300 Pacific Drive, Corona Del Mar, CA 92625 General Contractor: Banshee Construction Company, Inc. The undersigned, Val -Matic Valve & Mfg. Corp., hereby withdraws the stop notice dated January 31, 2005, in the amount of $65,683.47 for labor, services, equipment, and/or material furnished in connection with the above contract. The undersigned also hereby releases City of Newport Beach, Public Works Department, P.O. Box 1768, Newport Beach, CA 92658 and its agents, from any further duty under Civil Code §3186 to withhold money in response to the stop notice, and waives any right of action against them that might accrue there under. DATED: November 1, 2005 Val -Matic Valve & Mfg. Corp., Date 11 U20-5 Copies Sent To: By: LIM Y ❑ Mayor Salina ReyesAttorney In Fact for J ❑Council Member Val -Matic Valve & Mfg. Corp., ❑ Manager fr-yy KKK! 1-I -g w ,._ El -U O cc: Banshee Construction Company, 1600 E. Steel Road, Colton, CA 92324 FAEWCollection DocsWal -Matic Valve\City of Newport Beachlrelease of stop notice 110105.doc CIJLIFORNIA STOP NOTI18E To: City of Newport Beach P E C E t V E D Public Works Department a P. O. Box 1768 '05 FEB —2 A10 :OS Newport Beach, CA 92658 HOLDER OF THE FUNDS " 8 s 0 0 0 O❑ OFFICE OF THE CITY CLERK CITY OF t'_WPORT BEACH Certdfied Mail, Return Receipt Requested No.: 7160 6124 9 20 0004 3275. YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, Val -Matic Valve and Manufacturing Corporation, has furnished or has agreed to furnish valves to Banshee Construction Compan,. Inc., pursuant to that certain contract made between City of Newport and Banshee Construction Company, Inc. for that certain public work of improvement consisting of the Big Canyon Reservoir Floating Cover and Disinfection Facilities Project No.: 04 -86, Contract No.: 3037, 3300 Pacific Drive, Corona Del Mar, CA 92625 and which is and was the whole of said materials agreed to be furnished by claimant. . The amount in value of the whole of said labor and/or materials agreed to be furnished by claimant is $65,683.47; the amount of change orders in the sum of $0.00; the amount in value of that already done or furnished by claimant is $65,683.47; Claimant has been paid the sum of $0.00, and there is now due and owing to claimant the sum of $65,683.47 plus interest thereon at the rate of ten per cent per annum from September 8, 2004. . YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. Dated: January 31, 2005 Val -Matic and Manufacturing Corporation By: Qa,� Salina Reyes, Attorney in Fact Or Val -Matic and Manufacturing Corporation VERIFICATION I declare that I am the attorney in fact for Val -Matic and Manufacturing Corporation named in the foregoing claim. I have read said claim and know the contents thereof and the same is true and contains, among other things, a correct statement of claimant's demands after deducting all just credits and offsets. I declare under penalty of perjury that the foregoing in true. Executed on January 31, 2005, at Moorpark, California. SaSa ma in fact f eyes, Y Val -Matic and Manufacturing Corporation F: \EZL \Collection Docs \Val -Matic Valve \City of Newport Beach \stop notice 013105.wpd 0 0 Bond Number SU5007485 RELEASE OF STOP NOTICE BOND Know all by these presents: That we, Banshee Construction Company. Inc. as Principal, and Arch Insurance Company a corporation duly licensed to conduct a general surety business in the State of California, as Surety are held and firmly bound unto City of Newport Beach as Obligee in the sum of Sixty Five Thousand Six Hundred Eighty Three and 47 1100ths Dollars ($65 6. 83.47), for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT: WHEREAS, the above named Principal has been furnished labor and/or materials by Val -Mafic and Manufacturing Corporation against which there is still unpaid sum of Sixty Five Thousand Six Hundred Eighty Three and 47 /100ths Dollars ($65 683.47 , in connection with construction of Big Canyon Reservoir Floating Cover and Disinfection Facilities, Project No.: 04 -86, Contract No.: 3037 WHEREAS, said by Val -Matic and Manufacturing Corporation has filed a verified claim and Stop Notice. covering labor and/or materials, and has requested said Obligee to withhold funds and whereas said Principal desires to have funds released, said Principal is required under section 3171, of the Civil Procedures Code of the State of California. NOW, THEREFORE, if the above -named Principal shall fully protect and defend the Obligee against any loss by reason of or arising out of the acceptance of this bond, or the release of said monies, or the payment thereof to said Principal and shall pay any sum which said claimant may recover on said claim, together with the costs of suit in said action, not exceeding the penal sum of this bond, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the seal and the name of the said surety is hereto affixed and attested by its duly authorized Attomey -in -Fact at San Francisco, California this 11th day of Arch Insurance Company By: AZ /� Shailesh Patel, Attorney -In -Fact U 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF SAN FRANCISCO ) On April U, 2005 before me, Doris B. Diaz, Notary Public Date Nerve, Tole of Offiw, Notary Public personally appeared Shailesh Patel, Attorney -In -Fact NANE(S) OF SIGNER(S) personally known to me — OR - Oproved to me on the bases of satisfactory evidence to be the person.oi whose named isljte subscribed to the withinn instrument and acknowledged to me that hel*Jtpa executed the same in his1*)- t0Vr authorized capacityO V), and that by hisl*lth)ft signature(o on the instrument the person(, or the entity upon behalf of which the persona) acted, executed the instrument. WITNESS my hand and official seal. SYrnarrum ofNoMry DORIS B. DIAZ a N m COMM. # 1367316 NOTARY PUBLIC CAUFORNIA N tt (J - SAN FRANCISCO COUNTY N A •p;„ My Comm. Expires July 29. 2006 Il • POWER OF ATTORNEY • Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having Its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Katsuko Takata, Eric Nteto, Saundra L. Gingras, James Ross, Jeff Prevost, Shailesh Patel and Suman Toor of San Francisco, CA (EACH) Its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appotntment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as.binding upon the said Company as fully and amply to all intents and purposes, as if ttie same hadbeeri duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003; true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: G "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys4n -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous . consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOMLOO13 00 03 03 Page 1 of 2 Printed In U.S.A. in Testimony Whereof, the Compy has caused this instrument to be signed• its corporate seal to be affixed by their - aullprized officers, this 27th day of April 20 W Arch Insurance Company Attested and Certified merowre su Ybreui Joseph S. L , Corporate Secretary STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS ti Thomas P. Luckstone, Vice President I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Label) personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurence•Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day In person and severally acknowledged that they being thereunto duly authorized signed, seated with the corporate seal and delivered the said Instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. ZM Melissa . Gilligan, Notary Public T— ' My commission expires 2 -2&05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attomey dated _April 27.2004 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this uxh day of April 20 os Joseph S ell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specificaly named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. � cepp meoua ,n, Iiiulal Home Office: Kansas City, MO OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. d � d d o tap O V RELEASE OF STOP NOTICE TO: CITY OF NEWPORT BEACH 3300 PACIFIC VIEW DR '05 FEB 17 AID :48 OFFICE OF THE CIT Y CLERK NEWPORT BERWF SEWFORT BEACH You are hereby notified that the undersigned claimant releases that certain Stop Notice dated 01/12/05 , in the amount of 3,137.65 against CITY OF NEWPORT BEACH as owner or public body and BANSHEE CONSTRUCTION as prime contractor in connection with the work of improvement known as 3300 PACIFIC VIEW DR in the City of NEWPORT BEACH County of ORANGE State of California. Date 02/12/05 Name of By VERIFICATION I, the undersigned, state: I am the Agent of the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 02/12/05 • t' - •\� Easy Law Construction Notices A Division of Easy Law, Inc. Moorpark Legal Center 33 East High Street, Moorpark, CA 93021 Tel (805)552 -0024 0 Fax (805)552 - 0057 0 Toll Free (800) 327 -9529 E-Mail Address: Staff @easylawinc.com 0 Web Site Address: www.easylawinc.com Date NOTICE TO SURETY ON PAYMENT BOND Copies Sent To: PUBLIC WORKS O Mayor (Civil Code § 3252 & 3227) ❑ Council Member ❑ Manager ,S�Yftorney To: Banshee Construction Company, Inc. (� 1600 East Steel Road. vEI� Colton, CA 92324 ❑ ----- 1] —___ VIA CERTIFIED MAIL. RETURN RECEIPT REOUESTED NO.: 7160 6124 9720 0004 3282 To: Arch Insurance Company 705 -2 East Bidwell St., Ste. 272 Folsom, CA 95630 Bond No.: SU1003652 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED NO.: 7160 6124 9720 0004 3305 YOU ARE HEREBY NOTIFIED that the undersigned, Val -Matic and Manufacturing Corporation, furnished valves to Banshee Construction Company, Inc, to be used and actually used in that certain work consisting of improvement at Big Canyon Reservoir Floating Cover and Disinfection Facilities, Project No.: 04 -86, Contract No.: 3037, 3300 Pacific Drive, Corona Del Mar, CA 92625. Said labor, services, equipment or materials was and is the whole agreed to be furnished by claimant; and the amount in value claimed, after deducting all just credits and offsets, is $65,68347. Dated: January 31, 2005 Sa ma Reyes, Attorney in Fact r Val -Matic and Manufacturing Corporation cc: Client City of Newport Beach, 3300 Newport Blvd., Newport Beach, CA 92663 City of Newport Beach, P. O. Box 1768, Newport Beach, CA 92658 F; \1ZL�CWbcUw+Doe6\Ve4MaGC VW¢1Gty of Newport BmChVWE Claim 019106. WN RECEIVED U11 Easy Law Construction Notic*SEB -3 P2:43 A Division of Easy Law, Inc. Moorpark Legal Center OF'r lCE OF THE CITY CLERK 33 East High Street, Moorpark, CA 93021 CIT„ U -O! WPORT BEACH Tel (805)552 -0024 0 Fax (805)552 -0057 0 Toll Free (800) 327 -9529 E -Mail Address: Staff@easylawine.com 0 Web Site Address: www.easylawinc.com Date a January 31, 2005 Copies Sent To: ❑ Mayor CERTIFIED, RETURN RECEIPT REOUESTED: 7160 6124 9720 0004 3275 ❑ Council Member ❑ Manager City of Newport Beach orpgy Public Works Department N P. O. Box 1768 Newport Beach, CA 92658 ❑ RE: Big Canyon Reservoir Floating Cover and Disinfection Facilities, Project No.:04- 86. Contract No.: 3037, 3300 Pacific Drive, Corona Del Mar, CA 92625 To whom it may concern: Enclosed please find a Stop Notice to be filed on behalf of our client Val -Matic and Manufacturing Corporation who was hired by Banshee Construction Company, Inc. to work on the above referenced project, and has not been paid. In accordance with Civil Code section 3185, we request that you notify this office when a notice of completion is filed. A check in the amount of $2.00 is enclosed for this purpose. If you have any questions or require additional information, please call me. Easy w, Inc. Sa ma Reyes Enclosures cc: client Banshee Construction Company, 1600 East Steel Rd., Colton., CA 92324 City of Newport Beach, Dept. Of Public Works, 3300 Newport Blvd., Newport Beach, CA 92663 F:MUColleetion Doeswal -Matic Valve%City of Newport BeaohXsn agency IR 013105.wpd CGL, ,'ORNIA STOP NOTOE, - To: City of Newport Beach Public Works Department P. 0. Box 1768 Newport Beach, CA 92658 HOLDER OF THE FUNDS Certified MW4 Return Recedpt Requested No.: 7160 6124 9720 0004 3275. YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, Val -Matic Valve and Manufacturing Corporation, has furnished or has agreed to furnish valves to Banshee Construction Company, Inc., pursuant to that certain contract made between City of Newport and Banshee Construction Company, Inc, for that certain public work of improvement consisting of the Big Canyon Reservoir Floating Cover and Disinfection Facilities Project No.: 04 -86, Contract No.: 3037; 3300 Pacific Drive, Corona Del Mar, CA 92625 and which is and was the whole of said materials agreed to be furnished by claimant. The amount in value of the whole of said labor and /or materials agreed to be furnished by claimant is $65,683.47; the amount of change orders in the sum of $0.00; the amount in value of that already done or furnished by claimant is $65,683.47; Claimant has been paid the sum of $0.00, and there is now due and owing to claimant the sum of $65,683.47 plus interest thereon at the rate of ten per cent per annum from September 8, 2004, YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. Dated: January 31, 2005 Val -Matic and Manufacturing Corporation By: Salina Reyes, Attorney in Fact Or Val -Matic and Manufacturing Corporation VERIFICATION I declare that I am the attorney in fact for Val -Matic and Manufacturing Corporation named in the foregoing claim. I have read said claim and know the contents thereof and the same is true and contains, among other things, a correct statement of claimant's demands after deducting all just credits and offsets. I declare under penalty of perjury that the foregoing in true. Executed on January 31, 2005, at Moorpark, Californ ia. Sa ma Reyes, Attorney in fact Val -Matic and Manufacturing Corporation F: \EZL \Collection Docs \Val -Matic Valve \City of Newport Beach \stop notice 013105.wpd ��2 Easy Law Construction Notices FEB = 2 A Division of Easy Law, Inc. ` ('� / Moorpark Legal Center , ... _'(�•J 33 East High Street Moo ark CA 93021 I rP f Tel (805)552 -0024 0 Fax (805)552 -0057 0 Toll Free (800) 327 -9529 E -Mail Address: Staff @easylawinc.com 0 Web Site Address: www.easylawine.com (7 T NOTICE TO SURETY ON PAYMENT BOND PUBLIC WORKS ° (Civil Code § 3252 & 3227) X c m on To: Banshee Construction Company, Inc. 1600 East Steel Road, n Colton, CA 92324 ;:u M rTl r°1 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED NO.: 7160 6124 9720 0004 3282 To: Arch Insurance Company 705 -2 East Bidwell St., Ste. 272 Folsom, CA 95630 Bond No.: SU1003652 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED NO.: 7160 6124 9720 0004 3305 YOU ARE HEREBY NOTIFIED that the undersigned, Val -Matic and Manufacturing Corporation, furnished valves to Banshee Construction Company, Inc. to be used and actually used in that certain work consisting of improvement at Big Canyon Reservoir Floating Cover and Disinfection Facilities, Project No.: 04 -86, Contract No.: 3037, 3300 Pacific Drive, Corona Del Mar, CA 92625. Said labor, services, equipment or materials was and is the whole agreed to be furnished by claimant; and the amount in value claimed, after deducting all just credits and offsets, is $65,68347. Dated: January 31, 2005 Val -Matic and Manufacturing Corporation cc: Client City of Newport Beach, 3300 Newport Blvd., Newport Beach, CA 92663 City of Newport Beach, P. O. Box 1768, Newport Beach, CA 92658 F:V ZL Callactlan DocMal -Metic Vale %Ctty of Newport BeachWond claim 013105.wpd Copies Sent To: ❑ Mayor ❑ Council Member ❑ Manager ,4�11ttorn ❑ ;:u M rTl r°1 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED NO.: 7160 6124 9720 0004 3282 To: Arch Insurance Company 705 -2 East Bidwell St., Ste. 272 Folsom, CA 95630 Bond No.: SU1003652 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED NO.: 7160 6124 9720 0004 3305 YOU ARE HEREBY NOTIFIED that the undersigned, Val -Matic and Manufacturing Corporation, furnished valves to Banshee Construction Company, Inc. to be used and actually used in that certain work consisting of improvement at Big Canyon Reservoir Floating Cover and Disinfection Facilities, Project No.: 04 -86, Contract No.: 3037, 3300 Pacific Drive, Corona Del Mar, CA 92625. Said labor, services, equipment or materials was and is the whole agreed to be furnished by claimant; and the amount in value claimed, after deducting all just credits and offsets, is $65,68347. Dated: January 31, 2005 Val -Matic and Manufacturing Corporation cc: Client City of Newport Beach, 3300 Newport Blvd., Newport Beach, CA 92663 City of Newport Beach, P. O. Box 1768, Newport Beach, CA 92658 F:V ZL Callactlan DocMal -Metic Vale %Ctty of Newport BeachWond claim 013105.wpd Copies Sent To: ❑ Mayor ❑ Council Member ❑ Manager ,4�11ttorn ❑ c:+my mwmenM1332- 4V"125. =a.ayd w USE PROOF OF SERVIC AFFIDAVIT OF CALIFORNIA PRELIIM RY 20 -DAY NOTICE C 1 - .FIRST- AMENDED IFORNIA PRELIMIN 0 -DAY NOTICE N' i (PUBLIC AND PRIVATE WORK) JAN 1. 9 2005 IN 4CCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE E i YOU ARE HEREBY. NOTIFIED THAT... i CONSTRUCTION LENDER or The Gomm - Rupp Company Reputed Construction Lender 305 Bowman Street Mansfield, OH 44903 (name and address of person or f an- Sender) has furnished or will famish labor, services, equipment or O materials of the following general description: Submersible pump station electrical components N............... ...........................FOLD HERE..... .,............................. for the building, structure or other work of improvement OWNER or PUBLIC AGENCY located at: R or Reputed Owner (on public work) Big Canyon Reservoir Floating Cover and ' (on private work) Disinfection Facilities S Clerk of the City of Newport Beach 3300 Pacific View 3300 Newport Blvd. Corona Del Mar, CA 92625 Newport Beach, CA 92663 The name of the person or firm who contracted for the C urchase of such labor, services, equipment or materials: O Banshee Construction Company, Inc. P V NOTICE TO PROPERTY OWNER Construction loan no. (if known) If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed ORIGINAL CONTRACTOR of against the property even though you have paid your contractor in full. You may wish to protect yourself against Reputed Contractor, if any this consequence by (1) requiring your contractor to furnish Banshee Construction Company, Inc. a signed release by the person or firm giving you this notice 1600 East Steel Road before making payment to your contractor, or (2) any other Colton, CA 92324 method or devicethat is appropriateunder the circumstances. Other than residential homeowners of dwellings containing fewer than five units, private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20 -day lien notice in accordance with Section 3097 of the Civil Codethat s notice of completion BOND COMPANY or notice of cessation has been recorded within 10 days of its Arch Insurance Company recordation. Notice shall be by registered mail, certified mail, " 705 -2 East Bidwell Street, Suite #272 or first -class mail, evidenced by a certificate of mailing. Folsom, CA 95630 Failure to notify will extend the deadlines to record a lien. Bond No.: SU1003652 The person or firm giving this notice is required, pursuant to a collective bargaining agreemegt, to pay supplemental fringd benefits into an express trust fund (described in Civil Code § 3111), said fundfis identified as follows: ti (strike if inapplicable) / `^ w" l off. Date ¢ Copies Sent 1o:.. �m coo F1 Mayor address ( ) cw .. ._ ❑ '�uncil Member date' �nnr V. .. ~a ❑ ;, ?,n of Mailed this 1A .. o / y .. Lu Agent :. �p (signature) V (title) plr" Q An estimate of the total price of the labor, services, equipment or o r- materials famished or to be famished is: U - -- ............ $147,057.20 771 c:+my mwmenM1332- 4V"125. =a.ayd f qft CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC October 26, 2005 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion (C -3037) Please record the enclosed document and return it to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax (949) 644 -3039 • www.city.newport- beach.ca.us CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT 3337 Agenda Item No. 8 October 25, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COU FROM: Public Works Department Michael Sinacori, P.E. OCT a5 Jins 949 - 6443311 F msinaco6@city.newport-beach.ca.us I SUBJECT: BIG CANYON RESERVOIR COVERING AND DISINFECTION FACILITIES — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3037 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. BACKGROUND The Big Canyon Reservoir (BCR) is a 600 acre -foot (200 million- gallon) potable water storage reservoir located in Corona del Mar. The full capacity of the reservoir will provide the City with 10 days of average demand water storage. If an emergency takes place within the City, those 10 days could be extended by implementing water conservation measures. During the 1950's, the City owned wells in Huntington Beach began to experience saltwater intrusion. As a result, in the 1960's the BCR facility was constructed for the imported Metropolitan Water District supply and the City's wells were subsequently abandoned when the BCR was put into service. An open water reservoir was an acceptable facility in the 1960's; however, as water quality standards have become more stringent over the years, the Department of Health Services (DOHS) mandated the City cover its reservoir or abandon the facility. l J SUBJECT: Big Canyon Reservo *ering and Disinfection Facilities - Completion And •ptance of Contract No. 3037 w October 25, 2005 Page 2 DISCUSSION: On February 10, 2004, the City Council authorized the award of the Big Canyon Reservoir Covering and Disinfection Facilities contract to Banshee Construction Company. The contract provided for the installation of a floating cover and new disinfection facilities that comply with the State mandate. The disinfection system converted the existing gaseous chlorine system to the much safer liquid system of sodium hypochloride and aqueous ammonia. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $5,664,015.00 Actual amount of bid items constructed: $5,664,015.00 Total amount of Change Orders (6.1 %): $348,702.01 Early Completion Bonus Payment ($3,000 per day) $51,000.00 Final contract cost: $6,063,717.01 The final overall construction cost including Change Orders was 6.1 percent over the original bid amount. Five (5) Change Orders in the amount of $348,699.01 provided mostly for extra work requested by the City. The following is a summary of each change order: • Change Order No. 1 ($81,037.71) — A majority of this work was for modifications to the surface preparation of the reservoir bottom directed by the City. The Contract documents called for the existing asphalt liner to be repaired in several locations for a cost $74,000. However, this was deleted and additional cement slurry paving was placed on the bottom for a cost of $154,350, which allowed for a better surface for the floating cover to be installed on. Change Order No. 2 ($27,198.88) — Provided for miscellaneous minor changes related to the cover installation and disinfection system modifications requested by the City. Change Order No. 3 ($136,088.86) — The major components in this change order provided for modifications to the floating cover and the associated drainage system. Also, the City requested additional road work around the existing Zone III pump station to allow for better access to the piping and pumps. This was done at the unit bid prices, which was very competitive, compared to today's asphalt market. • Change Order No. 4 ($34,446.56) — Accounted for miscellaneous extra work requested by the City for cover cleaning, additional programming and electrical work related to the City SCADA system and additional piping modifications. 0 u • SUBJECT: Big Canyon Resery &vexing and Disinfection Facilities - Completion An�eptance of Contract No. 3037 October 25, 2005 Page 3 • Change Order No. 5 ($69,930.00) — Provided for the installation of the City requested second 500 gallon ammonia tank to allow for longer operation between chemical deliveries. The original contract called for the installation of a 250 gallon tank. Based on extensive study, it was found that past chemical demands for the BCR were making once a week deliveries normal. The deliveries were very expensive because of the short notice and the small quantity needed.. In addition, the contract documents allowed for 200 working days and a $3,000 per day bonus payment to the contractor for early completion. The contractor completed the project in 183 working days and will be paid $51,000.00 for completing the project 17 days early. This contract provision was requested by the City Council to provide an incentive thus minimizing the time that Big Canyon Reservoir was out of service for construction. Environmental Review: A Negative Declaration in accordance with the California Environmental Quality Act (CEQA) has been prepared and approved by the City Council on June 27, 1994. An environmental document in accordance with the National Environmental Policy Act (NEPA) was developed by EPA as part of th e The NEPA document and associated Finding issued in December 2003. Funding Availability: implementation of the grant program. of No Significant Impact (FONSI) was Federal funding'for this project provided $867,000.00 through an EPA Grant and reflected in the Big Canyon Reservoir Covering CIP Account. The remaining funds were provided from the Water Enterprise Fund and were expended from the following accounts as follows: Account Description Account Number Amount Big Canyon Reservoir Covering (Water Fund) 7503- C5500690 $5,375,632.01 Big Canyon Disinfection Improvements (Water Fund) 7503- C5500689 $688,085.00 TOTAL $6,063,717.01 The project was deemed substantially complete on November 12, 2004. Remaining punch list items and the City requested second ammonia tank resulted in the delay for the Notice of Completion. Prepared by: I. Sitfacori, P.E Civil Engineer Submitted by: Works Director s 0 0 CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS 3037 (A) Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 10:00 a.m. on the 13th day of January 2004, at which time such bids shall be opened and read for `- BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES Contract No. 3037 $ 5,5401000 Engineer's Estimate fen G. Badum Works Director �m aNV� �?2 .� fie• •�c;' VG�O q1 Prospective bidders may obtain one set of bid documents for a cost of $25.00 dollars at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor Genera! "A" License required for this project. MANDATORY PRE -BID MEETING HELD AT THE SITE (3300 Pacific View Drive) on DECEMBER 17. 2003. 10:00 A.M. SITE WILL BE OPEN FOR INSPECTION FROM 8:00 A.M. TO 4:00 P.M. For further information, call Michael J. Sinacori, Protect Manager at (949) 644 -3342 , 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES CONTRACT NO. 3037 TABLE OF CONTENTS NOTICE INVITING BIDS ................................ ............................... .......................... Cover TABLE OF CONTENTS ..................................................................... ..............................2 INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR-1 SPECIAL PROVISIONS ........... ............................ : .............................................. ...... SP -1 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES CONTRACT NO. 3037 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. A mandatory pre -bid conference for all general contractors and floating cover contractorstsubcontractors will be held on Wednesday, December 17, 2003 at 10:00 am. The location will be held at the Big Canyon Reservoir entrance gate on Pacific View Drive (near Marguerite Ave intersection), Corona Del Mar, CA. 5. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Bidders' security shall be returned to unsuccessful bidders within a reasonable time not to exceed 60 calendar days after the successful bidder has signed the Contract. 6. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 7. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of E estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 8. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 9. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: www.gpo.gov /davisbacon 10. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 11. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 732806 A Contractor's License No. & Classification Banshee Construction Company, Inc. Bidder President orized Signature/Title L2_U1b4 Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES CONTRACT NO. 3037 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent (1m) of the Total Bid Amount - - - - - - - - - - - - - Dollars ($ 10% of Bid Amount ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES, Contract No. 3037 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents and provide the required original insurance documents for the' construction of the project within thirty (30) days (not including Saturday, Sunday, and federal holidays) after the date of the mailing of "Notification of Award ", otherwise this obligation shall.become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is. agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this, Bond. Witness our hands this 8th day of January , 2004. Banshee Construction Comoany Inc. President Name of Contractor (Principal) orized Signature/Title Arch Insurance Company Name of Surety 705 -2 E. Bidwell St. #272 Folsom CA Address of Surety (415) 743 -8146 Telephone Authorized Agent Signature Eric Hieto, Attorney -In -Fact .. Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA State of California ounty of San Bernardino On January.26, 2004 before me, Janice R. Guinn, Notary Public personally appeared Michael Orear ID Personally known to me - OR ❑ ,y. JANICE R. GUINN _ COMM. #1371218 NOTARY PUBLIC — CALIFORNIA 'S7 SAN BERNARDINO COUNTY .a My Commiselon Expires August 21, 2006 prove+% rte vrr�he- basis o€- s�fiisf�eetorp evittc7rcc to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their . signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. c j1Y\. 2 (SIGNATURE OF NOTARY) . OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER O INDIVIDUAL ® CORPORATE OFFICER President TITLE(S) ❑ PARTNER(S). ❑ LIMITED ❑ GENERAL ❑. ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Bidder's Bond TITLE OR TYPE OF DOCUMENT One (1) NUMBER OF PAGES Jan. 8, 2004 DATE OF DOCUMENT Eric Nieto SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } } COVN77OFSAN FRANCISCO } On January 8, 2004 before me, Data YOLANDA A. HALAL, NOTARY PUBLIC. Naars, rda of Ofhorr, Nam? FWk pmmaAyQWxv5d ERIC NIETO. - ATPORNHY —IN —FACT Rams) or 8a sl ® personally known to we - DR���,f<dldi+le 4rt rl�lkdteK9lyfa�94'�Pi6tl.to be the person(tywhose nameiN is(ytf subscribe d to the within instrument and acknowledged to me that he:#Agl rfy executed the same in hulW#pWauthomed capacny(ldsj, and that by his/ * signatumoron the mu'rument the person fs), or the entity upon behalf of which the pemon(lyact4 executed the immanent. WHNESS my hand and o,8'idd seal. Skmamm of Navy amHALAL n 6770 b LIFORNIA Ul nr 1B Y006 N 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES CONTRACT NO. 3037 DESIGNATION OF SUBCONTRACTORS) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Name, Address, Telephone Number Bid Item Number Description of Work Percent of Total Bid ��- S AN�c a R I c-k Jjrnce Cyr>Ptpgn�y Los "41" 1-01 SoA Mo Mf k � �� S b Banshee Construction Company, Inc. President Bidder uthorized Signature/Title 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES CONTRACT NO. 3037 DESIGNATION OF SUBCONTRACTORS) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulafing the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Name, Address, Telephone Number Bid Item Number Description of Work Percent of Total Bid 15533 I��t �� �I}W;,�i•f `� �`� -�*�l` a 5 srwA44,(•e)CA INtt2 Y/1 ceCrrtL, I��kl1 (fojkgtd C v " ts,( 4C(, Ok�Ith Tdf4 n CA -114.E Banshee Construction Company, Inc. , President Bidder l uthorized Signature/Title 0 POWER OF ATTORNEY 10 Know AR Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the 'Company") does hereby appoint Katsuko Takata, Eric Nieto, John T. Lettiert, Paul Rodriguez, Sylvia Ng, Mark Roppo, and Saundra L. Gingras of San Francisco, CA (EACH) its true and lawful Attomey(s )-in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seat and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri, This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 20D3: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company *caused this instrument to be signed an* corporate seal to be affixed by their authorized officers, this 11th day of March, 2003. Attested and Certified STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS Arch Insurance Company I, Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. nfir: _ '•,. y CERTIFICATION H f I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 11, 2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this stn day of January 2004 9/6!� 1. J Labell, Corporate 5ecietary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home 00ML0013 00 03 03 Office: Kansas Page 2 of 2 r:a.. n a* stars b (� Printed in U.S.A. In Testimony Whereof, the Company Saused this instrument to be signed and9corporate seal to be affixed by their authorized officers, this 11th day of March, 2003. Attested and Certified s. STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS MIA Arch Insurance Company I, Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. jV i.r= Ft, y+ CERTIFICATION ! jaig al► e r I Joseph S. Labell, Corporate Secretary of the Arch insurance Company, do hereby. certify that the attached Power'of Attorney dated March 11, 2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and 1 do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this sra{ day of January 12004 J11 v/. Labell, Corporafe Seashiry This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Kansas • OOMLOO13 00 03 03 a� Jut {urf Page 2 of 2 x Printed in U.S.A. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES CONTRACT NO. 3037 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form. Please print or type. Bidders Name Banshee Construction Company, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Chino Basin, Facilities Improvement Phase II Project Description Ground Water Replenishment Program Approximate Construction Dates: From Agency Name 8/11/03 Inland Empire Utilities Agency Contact Person Garth Morgan T0: Present Telephone ( ) 909- 993 -1721 Original Contract Amount $ 6,500,000 Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 0 0 No. 2 Project Name /Number sierra Ave. Overcrossing Project Description Reconstruction Existing Interchange Approximate Construction Dates: From 12/26/00 To: 8115/03 Agency Name Caltrans Contact Person Manny Yogaraiah Telephone ( ) 909 - 830 -6864 Original Contract Amount $ 15,496,994.6.!Pinal Contract Amount $ TBA (To Be Announced) If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Route 60 Montebello Soundvalls Project Description Bridge Widening & Construct Soundvalls Approximate Construction Dates: From Agency Name Contact Person Caltrans Hassan Azima 11/18/02 To: Present Telephone ( ) 323- 981 -1795 Ext.200 11,091,921.75 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 9 No. 4 Project Name /Number Project Description 0 Route 5 Drainage Repair Approximate Construction Dates: From Agency Name Caltrans Modification 7/30/02 0 To: 11/8102 Contact Person Darrell Hartman Telephone ( ) 714- 555 -om Original Contract Amount $2,500,546.40 Final Contract Amount $ 2, 616, 718.71 If final amount is different from original, please explain (change orders, extra work, etc.) Increase due to Extra Work S Change Orders Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No /No No. 5 Project Name/Number Route 101 Tarzana Project Description Construction Soundvall Approximate Construction Dates: From Agency Name Contact Person Caltrans Peasad Bobba 11/20/02 To: Present Telephone ( Original Contract Amount $ 6,341,870.00 Final Contract Amount $ 818 -788 -3303 Ext 204 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 6 Project Name/Number 0 0 Route 22 Project Description Exiting Concrete Replacement Approximate Construction Dates: From 9/10/01 Agency Name Caltrans Contact Person Robert: Zordami Telephone ( 1/29 ) 949- 279 -8637 Original Contract Amount $ 7,794, 923 Final Contract Amount $ 81869,664.12 If final amount is different from original, please explain (change orders, extra work, etc.) Increase due to Extra Work 6 Change Orders Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Yes / No State did not want to pay for Tra=ffic Control on Extra Work, claim was found M our tavor Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Banshee Construction Company, Inc. �.� , President Bidder Authorized Signature/Title 10 $15M $1.5M $750,000 $2M $1.5M $1M $1.5M Jim Thompson (909) 824 -0393 Siena Avenue Overcrossing over I -10 and UPRR - Fontana 5 Bridges and Retaining Walls Structure Superintendent Squaw Mountain Road Bridge over Temescal Wash — Corona Bridge Island Way Bridge over Dana Point Harbor — Dana Point Seismic Retrofit New River Bridge — Brawley Existing Bridge Replacement Hwy 60 Widening — Riverside Bridge Widening and Retaining Walls Sapphire St. over Hwy 30 — Rancho Cucamonga Bridge Structure Superintendent Structure Superintendent Consultant Structure Superintendent Structure Superintendent Baseline Avenue over Lost Canyon Channel — Claremont Bridge Structure Superintendent Oak Hill Road over I -15 — Oak Hills Bridge Project Superintendent $5M 605 Freeway Widening — Santa Fe Springs to Downey Bridge Widening over Telegraph Rd, I -5 and Florence Avenue Retrofit Hoxie Avenue Overcrossing Structure Superintendent $9M $2M $6M $2M $6M Delhi Channel - Costa Mesa Flood Control Channel Butterfield Stage Rd. over Temecula Creek — Temecula Bridge 241 Toll Road - Lake Forest Structure Superintendent Project Superintendent Bridges over Bake Parkway, Lake Forest Dr. and Serrano RCB at Serrano Creek Structure Superintendent Bear Valley Rd. Widening over I -15 — Victorville Bridge Widening Multnomah Storm Drain — Los Angeles RCB Structure Superintendent Structure Superintendent E $3M Jeffrey Road over I -5 — Irvine Bridge $1M Talbert Channel Bridge— Huntington Beach Bridge and Channel $2M Laguna Canyon Road over San Diego Creek — Irvine Bridge $1M Michelson Drive at John Wayne Airport — Irvine Bridge and Roadway $1.5M Paseo Westpark Road over San Diego Creek — Irvine Bridge $2M Irvine Center Dr. Widening — Irvine Bridge over San Diego Creek RCB and Flood Channel $1M Sierra Hwy over Mint Canyon Channel — Santa Clarita Bridge 0 Project Superintendent Structure Superintendent Structure Superintendent Structure Superintendent Project Superintendent Structure Superintendent Project Superintendent $3M San Canyon Road over Santa Clara River — Santa Clarita Bridge Project Superintendent • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES CONTRACT NO. 3037 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County Of San Berna>)•dino Michael T. Urear being first duly sworn, deposes and says that he or she is President pf3anshee Construction Co., Inr, the parry 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 parry 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. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Banshee Construction Company, Inc. President Bidder horized Signature/Title Subscribed and sworn to before me this 26th tary Public My Commission Expires: August 21, 2006 11 day of January , 2004. [SEAL] JANICE R. GUINN r COMM. #1371218 - z g NOTARY PUBLIC— CALIFORNIA 3 2 J SAN BERNARDINO COUNTY My Commission Expires August 21, 2006 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES CONTRACT NO. 3037 DESIGNATION OF SURETIES Bidders name Banshee Construction Company, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): Eric Nieto - Bonds J&H Marsh McLennan /Marsh Gist & Insurance ,Freeman - Ins. Three Embarcadero San.Francisco, CA 94111 415- 743 -8146 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES CONTRACT NO. 3037 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Banshee Construction Company, Inc. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6,'Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2002 2001 2000 1999 1998 Total 2003 No. of contracts 4 N 5 Ln 2 4 ,.. 4 7 26 c Total dollar N a Ln a V m r ^ Amount of M w Ln Ln r, N m N Ln Contracts (in M I 'n w °D w `0w 'n ,p Thousands of $ ) 00 No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 3 0 1 3 3 1 11 No. of lost workday cases involving 0 0 0 0 0 0 0 permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6,'Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 0 0 Legal Business Name of Bidder Banshee Construction Company, Inc. Business Address: 1600 E. Steel Road, Colton, CA 92324 Business Tel. No.: 909 - 824 -0393 State Contractor's License No. and Classification: 732806 A Title President The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 CALIFORNIA State of California Qounty of San Bernardino On January 26, 2004 before me, personally appeared Michael T. Orear Personally known to me Janice R. Guinn, Notary Public O prove&4e -me - otrtb-e-baais- trf�aEisfaetcxg��rideaee to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and offs ial seal. (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER O INDIVIDUAL CORPORATE OFFICER President TITLE(S) O PARTNER(S). D LIMITED O GENERAL O. ATTORNEY -IN -FACT D TFZUSTEE(S) D GUARDIAN /CONSERVATOR D OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION-OF ATTACHED DOCUMENT i TITLE OR TYPE. OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 3 ._.. JANICE R. GUINN COMM.#1371218- _ Z NOTARY PUBLIC —CALIFORNIA 3 �. •,.a SAN BERNARDINO'COUNTY .a My Commission Expires August 21, 2006 Janice R. Guinn, Notary Public O prove&4e -me - otrtb-e-baais- trf�aEisfaetcxg��rideaee to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and offs ial seal. (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER O INDIVIDUAL CORPORATE OFFICER President TITLE(S) O PARTNER(S). D LIMITED O GENERAL O. ATTORNEY -IN -FACT D TFZUSTEE(S) D GUARDIAN /CONSERVATOR D OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION-OF ATTACHED DOCUMENT i TITLE OR TYPE. OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE A.M. Best's Rating for Arch Ince Company • Page 1 of 1 €13186 - Arch Insurance Company 'Ratings as of 01/28/2004 05:05:47 PM E.S.T. Rating Category (Excellent): Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing obligations to policyholders. Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register online. Copyright © 2004 by A.M. Best Company, Inc. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic farm or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. http: / /Www3.ambest.comlratings /rating. asp ?AMBNum = 03186 &Refnum = 03186 &Sites a... 01/28/2004 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES CONTRACT NO. 3037 ACKNOWLEDGEMENT OF ADDENDA Bidders name Banshee Construction ComRM. Inc. The bidder shall signify receipt of all Addenda here, if any: 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES CONTRACT NO. 3037 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Banshee construction company, inc. Business Address: 1600 E. Steel Road, Colton, CA 92324 Telephone and Fax Number: 909 - 824 -0393 California State Contractor's License No. and Class: 732806 A (REQUIRED AT TIME OF AWARD) Original Date Issued: 2/25/97 Expiration Date: 2/28/05 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Huss The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Michael T. Orear President 1600 E. Steel Rd, Colton, CA 92324 909 - 824 -0393 Jeff McDermott Vice President 1600 E. Steel Rd, Colton, CA 92324 909 - 824 -0393 Joe Moore Secretary 100 California St, San,Francisco CA 94111 415- 281 -2640 Rita Armstrong Treasurer 100 California St, San Francisco CA 94111 415- 281 -2640 Corporation organized under the laws of the State of 16 California 0 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: None All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: DRS Corporation For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; None Briefly summarize the parties' claims and defenses; None Have you ever had a contract terminated by the owner /agency? If so, explain. _moo Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab ompliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No Are any claims or actions unresolved or outstanding? Yes No 17 0 • If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Banshee Construction Conuany, Inc. Bidder Michael T. Orear (Print name of Owner or President of Corporation/ mpany) IWO16-rized Signature(Title President Title Date Subscribed and sworn to before me this 26th 18 day of January _'2004. [SEAL] A- NICE R. GUINN COMM. #1371218 z NOTARY PUBLIC — CALIFORNIA 3 SAN BERNARDINO COUNTY My Commission Expires August 21, 2008 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT Ctate of California ounty of San Bernardino on January 26; 2004 before me personally appeared Michael T. Orear 13 Personally known to me - OR ='{ JANICE R. GUINN C `•.�.. "`1a' COMM. #1371218 Z C nj,� •r "- NOTARY PUBLIC — CALIFORNIA 3 o = SAN BERNARDINO COUNTY r My Commission Expires August 21, 2008 Janice R. Guinn, Notary Public O pr�ueck- tfr�rte- cart- tie- �rxsis- c�€satie€setarp zviticnce to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h d and official seal. (SIGNATURE OF NOTARY) - OPTIONAL A.M. Best's Rating for Arch hisance Company • Page 1 of 1 03186 - Arch Insurance Company `Ratings as of 0MV2004 05:05:47 PM E.S. T. Rating Category (Excellent): Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing obligations to policyholders. Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register online. Copyright © 2004 by A.M. Best Company, Inc. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for addttional details. http: / /www3.ambest. com/ratings/ rating. asp ?AMBNum = 03186 &Refaum = 03186 &Site =ra... 01/28/2004 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES CONTRACT NO. 3037 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES CONTRACT NO. 3037 CONTRACT THIS AGREEMENT, entered into this 11th day of February, 2004, by and between the CITY OF NEWPORT BEACH, hereinafter "City, Banshee Construction Company, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES Contract No. 3037. The work to be done under this contract consists of the construction of a polypropylene floating cover including access hatches, rainwater sump collection system, concrete curb, reservoir mixing equipment and side rails, fencing, paved asphalt access road, landscaping and irrigation. Disinfection system includes sodium hypochlorite and ammonia chemical feed facilities, chemical storage tanks, metering pumps, piping, valves, analyzers, appurtenances, concrete pad, and containment structure and canopy. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3037, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 0 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of five million, six hundred sixty-four thousand, fifteen and 00/100 Dollars ($5,664,015.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Michael J. Sinacori (949) 6443342 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Banshee Construction Co., Inc. 1600 E. Steel Road Colton, CA 92324 909- 824 -0393 909 - 824 -8919 Fax Contractor, by executing this Contract, "I am 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 the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 n u 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 • 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees, design engineer, Tetra Tech, Inc., and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 23 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and/or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees, representatives, and design engineer, Tetra Tech, Inc. thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees and the design engineer, Tetra Tech, Inc., from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. I. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 C K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and vear first written above. CITY CLERK APPROVED AS TO FORM: C41 •' r4.7 CITY OF NEWPORT BEACH A Municipal Corporation By: -t--w MAYOR BANSHEE CONSTRUCTION CO., INC. President thorized Signature and Title F r-1 �LL 3.. `;h, 'MARSH IIIIVI InIIII fill r ;I . �,•r { 1 r + �I I �; 1 ELI 1. ....CERTIFICATE NUMBER SEA-000725409-01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH RISK & INSURANCE SERVICES NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE P. O. BOX 193880 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE SAN FRANCISCO, CA 94119 -3880 AFFORDED BY THE POLICIES DESCRIBED HEREIN. CALIFORNIA LICENSE NO. 0437153 COMPANIES AFFORDING COVERAGE COMPANY ISC - BANSH- WIPRO- BAN CA COL A NATIONAL UNION FIRE INS, CO. OF PITTSBURGH, PA. INSURED COMPANY BANSHEE CONSTRUCTION COMPANY B AMERICAN HOME ASSURANCE CO 1600 EAST STEEL ROAD COMPANY COLTON, CA 92324 C AMERICAN INTERNATIONAL SPECIALTY LINES INS. CO. COMPANY D INSURANCE CO. OF THE STATE OF PA I° _ I 1u11 �,4n1) 111 4 i 15= yl ll. GL�� (1'I IIII ?i' ^ThiB Certificatd!,1 tr ae+a!�l(anyllSrev7p6sly isGl (11 &e'r_lila�sr/Or .., 'Pall PP - „.; [DnfelA,Nal„': 11 t ul 1, THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W TIH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIODIYY) POLICY EXPIRATION DATE(MM /DOIYY) LIMITS A GENERAL LIABILITY GL933 -2537 04/01/03 04/01/04 GENERAL AGGREGATE $ 2,000,000 X PRODUCTS- COMPJOP AGG 2,000,000 COMMERMLGENERALLIABILITV CLAIMS MADE aOCCUR PERSONAL& AW INJURY $ 1,066,600 EACH OCCURRENCE $ 1,006,000 OWNER'S & CON RNCTOR'S PROT X FIRE DAMAGE (Any me fire ) $ 1,606,660 t4m nrn MED EXP one rson $ 5,000 A AUTOMOBILE LIABILITY 826 -1308 ADS 04/01103 04/01/04 COMBINED SINGLE LIMB $ 1,666,666 X A ANY AUTO - 826-1309 MA 04/01/03 04/01/64 BODILY INJURY (Per person) $ B ALLOWNEDAUTOS SCHEDULED AUTOS 826 -1310 TX 04/01/03 04/01/04 X BODILY INJURY (Per iden!) $ HIRED AUTOS NON- OWNEDAUTOS X PROPERTY DAMAGE $ _ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANYAUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ G EXCESS LIABILITY 8194168 04%01/63 64101/04 EACH OCCURRENCE $ 5,000.600 AGGREGATE $ 5,066,000 X UMBRELLA FORM OTHER THAN UMBRELLA FORM $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 6436093(CA) 61/01/04 01/61/65 X TOR STA ER +: =h IN z- ^...Yk EL EACH ACCIDENT Is 1,006,000 D 6436094(AOS) 61/01/64 61/01/65 A E THE PROPRIETOR/ INCL PARTNERSIEXECUTIVE OFFICERS ARE: EXCL 8436095 EXCLUD.CA,AOS,GA 6436096 (CTA) 61/01/04 61/01/64 61/01/65 01/01/05 EL DISEASE - POLICY LIMB $ 1,000,600 EL DISEASE -EACH EMPLOYEEI $ 1,000,600 OTHER DESCRIPTION OF OPERATIONSILOCATIONS /VEHICLESISPECIAL ITEMS RE: CONTRACT #: 3037 PROJECT #: 0486. THE CITY, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS IS AN ADDITIONAL INSURED WITH RESPECT OPERATIONS PERFORMED BY OR FOR THE NAMED INSURED AS RESPECTS GENERAL LIABILITY. PLS SEE ATTACHED. XCU IS INCLUDED. �;� { f (N'd� 0111 m, lilts lll:I! }III VII I :illilllllli"i[ii1.1!ii lull),!! ill111!11 :.:.:.I I .IIIM1111[Ilrll l; t ti lil lrllllll- 11'!'(!fIEII i�I�f!�..:i�ll eTl 1I IIIP.M i`I, .1 „IU£� €. t. � ntl`zv SHOULD ANY OF THE POLICES DESCRIBED HEREIN BE GINCELIEO BEFORE THE EXPIRATION DAM THEREOF. THE INSURER AFFORDING COVERAGE WILL ENNtSX>6RXMM MAIL 111 DAYS WRITTEN NOTICE TO THE CITY OF NEWPORT BEACH' PUBLIC WORKS DEPT. CERTIFICATE HOLDER NAMED HEREIN. ATTN: SHARI ROOKS, PUBLIC WORKS SPECIALIST E 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92658 MARSH USA INC. BAY :: Michio Nekota !I! H1111 ..,Ii.;I f?4�H�. ��I�NIFII'I ��41tiPII @ultti 4 _VALID AS OF. :'02/02/04 ..... {1I �IIIIII�ISIfillihillllll�����Hi�ti' h�I�ll' IG��i����������if������������I�l�llllllllllllllllllllllllllllllllll !IIIIII�IIII) Qla'�41 i� IlilN r 'j'TmIIIIIiII�,rRtl' i51'PI;'i {II'i'I I I Ii%#flQ;kl DarelMMmwv .o-nunllm II I akIIIII�IIflfli 02/02/04 PRODUCER COMPANIES AFFORDING COVERAGE MARSH RISK & INSURANCE SERVICES COMPANY P. O. BOX 193880 SAN FRANCISCO, CA 94119 -3880 E AMERICAN INTERNATIONAL SOUTH INSURANCE CO. CALIFORNIA LICENSE NO. 0437153 COMPANY F MISC 43ANSH -W /PRO- BAN CA COL INSURED COMPANY BANSHEE CONSTRUCTION COMPANY 1600 EAST STEEL ROAD G COLTON, CA 92324 PUBLIC WORKS DEPT. ATTN: SHARI ROOKS, PUBLIC WORKS SPECIALIST 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92658 COMPANY H MARSH USA INC. BY Michio Nekota FEB. 2.2004 11:39RM MARSH INC N0.386 P.2 POLICY NUMBER: GL 9331537 COMMERCIAL GENERAL. r resrr ITV CG20101001 — THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. Y. ADDITIONAL INSURED - OWNERS, LESSESS OR CONTRACTOR -- SCHEDULED PERSON OR ORGANIZATION This endorsement=di&s waurauce provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART or PUBLIC WOMDEPART611M 3300 NEWPORT BEACH P.O. BOX 1768 NEWPORT BEACH, CA 9265$4925 CONTRACT ft 3037 PROJECT #: 0486. CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPWYPES AND VOLUNTEERS ARE ADDITIONAL INSUREDS WITH RESPECT OPERATIONS PERFORMED BY OR FOR THE NAMED INSURED AS RESPIM GENERAL LIABILITY. ITV. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II —Who is An Insured is amended to include as an insured the parson or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insane. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclnslons This insurance does not apply to "bodily injury" or "property damage,• occurring aft: (1) All work, including materials, puts or equipment fin» shed in connection with such work, on the project (other than service, maint=ance or repairs) to be performed by or on behalf of the additional insureds) at the site of the covered operations has been completed; Or (2) That portion of "your work" out of which the injury or damages arises has bemput to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. TIES INSURANCE IS PRIMARY AND NON - CONTRIBUTORY WITH ANY OTHER INSURANCE CARRIM BY 01 FOR THE BENEFIT OF THE ADDITIONAL INSURED. FEB. 2.2004 11:39RM M6H INC NO 3e6 CG 20 10 10 01 ISO Properties, Inc. 2000 Page 1 of 1 POLICY NUMBER. GL 933 -2537 COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSESS OR CONTRACTOR - COMPLETED OPERATIONS This endorsement modifies insurance provided under the Mowing; COMMERCIAL GENERAL LIABILITY COVERAGE PART or SCHEDULE PUBLIC WORKS DEPARTAUM 3300 NEWPORT BEACH P.O. BOX 1768 NEWPORT BEACH, CA 92658-8915 CONTRACT 4.3037 PROJECT #: 0486. CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSUREDS WITS RESPECT OPERATIONS PERFORMED BY OR FOR TEE NAMED INSURED AS RESPECTS GENERAL LIABILITY. Premium: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section H — Who is An Insured is amended to include as an insured the person or organizadon shown iu the Schedule, but only with respect to liability arising out of "your work" at the location designated and descaed in the schedale of this endorsement performed for tbat insured and included in the "products - completed operation hazard." P.3 THIS INSURANCE IS PRIMARY AND NON - CONTRIBUTORY WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSURED. _ _......., - "�FEH• 2.2904 11 :39RM N# INC N0.386 P.4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAP IT CAREFULLY. ENPORSEMBNT# Tlis endorsement, effective 12:01 A.M. 04!01103 Forme a part of PolicyNo. (s); 826 -130S AOS; 826 -1304 MA; 826 -1310 TX By% National Union Fire Insurance Company of Pittsburgh Insare8: UI'S Corporation ADDITIONAL INSU MD — WHERE REQUIRED UNDER CONTRACT OR AGREEMENT CITY OF NEWPORT BEACH PUBLIC WORSE DEPARTMENT 3300 NEWPORT BEACH P.O. BOX 1768 NEWPORT BEACII,CA 92658-8915 CONTRACT #: 3037 PROJECT #: 0486. CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIAL,$, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSUREDS WITH RESPECT OPERATIONS PERFORMED BY OR FOR THE NAMED INSURED AS RESPECTS AUTO LIAB11M. This endorsement moMos insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section II— Liability Coverage, A. - Coverage, 1. — Who is An Insured, is amended to add: d. Any person or organization to whom yon become obligated to include as as additional inserted under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to flat person or organization of the type provided by this policy, but only with respect to liability arising ow of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of 1. The coverage and/or limits of this policy, or 2. The coverage and/or limits required by said contract of agreement. 61713(12/94) FEB. 2.2094 11 :39RM MR6 INC N0.386 ENDORSEMENT # This endorsement, effective 12:01 A.M. forms a part of Policy No. 826.1308 issued to URS Corp. Eta( by National Union Fire Insurance Company of Pittsburgh ADDITIONAL INSURED - PRIMARY INSURANCE This endorsement modifies insurance provided under the follrnving: COMMERCIAL LIABILITY COVERAGE FORM P.5 Section IV, Commercial General Liability Conditions, paragraph 4., Other Insurance, subparagraph a. Primary Insurance, is amended by the addition of the following: However, coverage under this policy afforded to an additional insured will apply as primary insurance where required by contract, and any other insurance issued to such additional insured shall apply as eccess and noncontributory insurance. 74434 (10199) --FEB. 2.2004 11;39AM MA H INC N0.386 P.6 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12;01 AM 01101/2004 forms part of Policy No. WC 643 -6093 Issued to: Banshee Construction Company, Inc. Issued By: NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Premium: INCLUDED CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BEACH P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 RE: CONTRACT 4:3037 PROJECT 4:0496. CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTE W. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or orgarazation. named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. AS REQUIRED BY CONTRACT WAIVER OF SUBROGATION APPLIES. WC 00 03 13 (ED. 4/84) Feb 04 04 01((:��3p7�p Brown & Brown 714- 923 -1872 Fax (L/ii ( //o 7T 33/ S,;' 0 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: c - 02 -c 4 1 Date Completed: -0 4 Sent to: Company /Person required to have certificate: I. GENERAL LIABILITY P. A. INSURANCE COMPANY: GYM r`I �L J hS (b ih / r'lr7a� Pf B. AM BEST RATING (A: VII or greater): 111 _)1_r XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? KYes ❑ No F, ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? KYes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? JNCYes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes XNo I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. IL AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Ak+_ 'i m r .l rc_ o} -eSsixz9 B. AM BEST RATING (A: VII or greater): 79 l X V C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes No D. LIMITS (Must be $1M min. BI & PO and $500,000 UM): What is limits provided? m ii E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? [tYes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? �� ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 01. WORKERS' COMPENSATION A. INSURANCE COMPANY: 6_e 1d B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? Is it included? N NrYes ❑ No Yes ❑ No • • Page 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 CONTRACT Aun c_ '4nq7 DATE: December 22, 2003 TO: ALL PLANHOLDERS PRE -BID CONFERENCE 1. The attendance sheet and summary of questions asked during the pre - bid conference held on December 17, 2003, is attached herein. CONTRACT DOCUMENTS 1. The Labor and Materials Bond and the Faithful Performance Bond as identified on Pages 26 and 28 of the Table of Contents are hereby included, which were not original printing of the Contract Documents.. PLANS 1. Sheet 7 — For Detail 5, the 316 SS anchor bolts for the chafer strip bar are anchored only into the concrete footings which are spaced at 25 foot intervals. The porous asphalt will not secure any anchor bolts. 0 • Page 2 2. Sheet 7 — For Detail 6, for the floating sump assembly detail, the perforated pipe and attachments over the sand tubes are to be placed in all rainwater collection troughs as shown on Sheet 6. Although Detail 3 on Sheet 7 shows just a single sand tube, it, is the intent that the 4 inch perforated pipe attached to the sand tube in this section view. 3. Sheet 9 - For Detail 3, the float length and end spacing that run along the pipes, refer to Detail 2 on Sheet 7 for dimensions. SPECIFICATIONS Section 2 Scope and Control of the Work (Page SPA). Add the following new section: "2 -3 Subcontracts. The floating cover and chafer strip shall be designated as "specialty items" per SSPWC." 2. Section 6 -9 Incentive Bonus and Liquidated Damages (Page SP- 5). Revise the first paragraph as follows: "For each consecutive calendar day after the 200 working days specified for completion of the work, the time specified for completion of Work, whichever occurs first, as adjusted in accordance with subsection 6 -6, the Contractor shall pay to the City or have withheld from monies due it, the daily sum of $3,000.00 per calendar day." Revise the second paragraph as follows: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $3,000.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time." Revise the fourth paragraph as follows: For each working day that the work is completed in advance of the 200 working days stipulated in Section 6 -7.1, the City shall pay to the Contractor a $3,000.00 incentive bonus. 3. Section 7 -7 Cooperation and Collateral Work (Page SP -5). Add the following: 'The Metropolitan Water District of Southern California (MWD), the regional water wholesale agency, has requested avoidance of potential impacts to its property that may occur as a result of implementation of the proposed project, including any restrictions on its day -to -day operations or access to its property. MWD requires that it be allowed to maintain its rights -of -way and access to all of its facilities in order to repair and maintain the current condition of those facilities and that the project does not interfere with its operational capabilities. The Contractor shall comply with the requirements of MWD throughout the project's implementation. Through inspection, the City of Newport Beach will ensure compliance to MWD's requirements and guidelines. 4. Section 213 -2.1.2 Qualifications (Page SP -17). Add the following after the second sentence: 'The contractor shall have installed a 0 • Page 3 minimum of two million square feet of scrim reinforced geomenbrane polypropylene floating covers of similar scope and complexity. The experience shall be based in installation and not based on maintenance or repairs of a floating cover. The experience may be a combination of both company and individual experience." 5. Section 213 -2.1.2 Qualifications (Page SP -17). Add the following to the last paragraph to be included with the bid documents: 3. For fabricators not listed in Section 213 - 2.1.4, fabricators shall submit samples of polypropylene seams prior January 5, 2004. The seam samples submitted by the fabricators shall be 60 -mil reinforced polypropylene, the same as the floating cover material. 45 -mil samples may also be included, but 45 -mil seam samples cannot be substituted for 60 -mil samples. Additionally, all required prequalification information shall be submitted to the City prior to 9:00 a.m., January 5, 2004" 6. Section 213 -2.1.4 Fabrication/installation (Page SP -18). In the second paragraph, first sentence, delete the words "high frequency dielectric ". Hot air or hot wedge seams will be allowed. 7. Section 213 -2.2 Materials (Page SP -20). In the first paragraph, for material suppliers, replace "3. Approved equal" with: "3. Or City approved equal prior to bid date. Submit information in writing to the City on qualifications per Section 213 - 2.1.2." 8. Section 213 -2.3.3 Quality Control Testinq (Page SP -32). Add the following: `The laboratory selected by the Contractor shall be a Geosynthetic Research Institute (GRI) certified independent laboratory which has the experience, equipment, and testing facilities capable of performing the required tests satisfactorily." 9. Section 213 - 2.3.3.1 Fabrication Quality Control Tests (Page SP -33). Delete all references to "dead weight peel test'. Replace with the following: `Breakaway Peel Strength Test 1. The breakaway peel strength of a seam in 180 - degree peel is the minimum level at which the seam separation is deemed acceptable and that portion of the seam which separates below the stated minimum required breakaway peel strength is not considered part of the seam. 2. Factory and field seams shall be tested in 180 degree peel by static test in which a 21 -pound weight is suspended from a 1 -inch wide seam specimen and held for a minimum of 5 seconds. The test shall be performed after the seam has been allowed to cool. i • Page 4 3. The effective seam width shall be determined by measuring the scrim -to -scrim lap of the seam following the breakaway peel strength static test. 4. A minimum of three test specimens shall be tested from each test sample. 5. The Contractor shall perform field breakaway peel strength tests in the field in addition to the laboratory tests. The frequency of the field tests shall be the same as the laboratory tests. 10. Section 213 - 2.3.3.4 Field Installation Quality Control Tests (Page SP -34). Add the following to-the end of the section: "A field of factory seam shall be deemed acceptable if the specimens from each sample location satisfy all of the following requirements: 1. An effective seam width equal to or greater than that specified on the drawings. 2. A minimum peel strength and breakaway peel strength equal to or greater than 21 pounds per inch of seam width. 3. Failure by delamination from the scrim rather than in the plane of the seam. 4. A minimum tensile strength equal to 90 percent of the value specified for the parent material. 5. Test results not meeting these requirements shall be cause for rejection of the seam from which the test sample was taken. 11. Section 213 - 2.3.3.5 Tensile Strength Test (Page SP -35). In Item 3 regarding air lance testing, delete "1116 -inch to 3116 -inch nozzle" and replace with "118 -inch diameter orifice ". 12. Section 215 -1 General (Page SP -37). Revise the first sentence to read" This section includes the specifications of the reservoir mixing system including submersible mixers, control panel, jet ring, track slide rail assemblies, trolley cart, 316 stainless steel cables for removal and power cables." 13. Section 215- 1.2 Type (Page SP -38). Delete "minimum 7.5 hp submersible motor' and replace with "maximum 8.3 hp and 6.0 KW draw submersible motor'. Add the following: "The supplier shall provide a complete package including mixers, motors, controls, cables, trolleys, tracks. Equipment supplier and mixer design is based on Liquid Handling Systems, Santa Ana, CA or approved equal." Delete reference to "10 cfs" and revise to "23 cfs performance". r] 0 Page 5 14. Section 215 -1.3 Submittals (Page SP -38). For item 2, delete references to "gear drive and gear ratings." 15. Section 215 -2.1 Performance Characteristics and Features (Page SP -38). Add the following to the first paragraph: `The mixer trolley shall be supplied to assure that it cannot be overturned by buoyant forces during installation, operation and retrieval. The power cable to each mixer shall not be damaged during installation, operation and retrieval. " Delete the second paragraph: "Each mixer shall be designed for mixing 10 cis in the reservoir. Maximum propeller speed shall be 900 rpm." Replace with the following: "The performance of each mixer to 23 cfs shall provide the proper reservoir mixing and match the performance of the specified mixer. The propeller speed shall be 580 rpm." 16. Section 215 -2.2 Materials (Page SP -39). Add the following: "The mixer cart, trolley, slide rail tracks and removal cables shall be 316 stainless steel." 17. Section 215 -2.3 Equipment (Page SP -39). Add the following to the sixth paragraph: 'The stators shall include a moisture detection system that provides a signal and alarm to the local control panel." 18. Section 215 -2.4 Spare Pants (Page SP -40). Add the following to the spare parts: "b. 1 set of O -rings c. 1 set of mechanical seals ". 19. Section 02712 Geotechnical Subdrain. Section 1.1A (Page 02712- 1). As a clarification, the Contractor will need to field verify the elevation of the existing tie -in point to the subdrain system. A minimum slope for the new 6 inch perforated drain lines shall be utilized from the endpoints to the center tie in point or the Contractor may choose to pump the new lateral lines into the existing 4 -inch drain. At the completion of the project prior to filling the reservoir, the Contractor shall cut and cap the subdrain at the tie in connection point. n U CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 Page 10 Big Canyon Reservoir Floating Cover and Disinfection Facilities Mandatory Pre -Bid Conference December 17, 2003 Meeting Minutes A mandatory pre -bid meeting and job walk was held at the Big Canyon Reservoir on December 17, 2003, at 10:00 am. The following items were addressed from bidder's questions: 1. Working trailers for the contractors can be located near the front entrance as designated by staging areas on the civil plans. Contractor shall coordinate electric service with the power utility. 2. Questions from bidders on the plans and specs should be sent in writing via email, fax or via telephone to the City of Newport Beach (attention Mike Sinacori). 3. Any required pre - qualification packages from alternative cover installers, fabricators, material manufacturers shall be submitted to the City as soon as possible, but no later than 9:00 a.m., January 5, 2004. 4. It is anticipated that there will be 2 addenda. The first addendum will go out (by mail and fax) beginning December 22, 2003. The second addendum, if required, will go out (by mail and fax) by January 8, 2004. 5. The addendum will require pre - qualification for any polypropylene material manufacturers that are not listed in the specifications. 6. Fabricators should plan to submit seam samples of material to the City as part of any pre - qualifications prior to January 5, 2004, 7. It is desired that the equipment listed in the specs for items such as mixers, pumps, etc be provided by the manufacturers listed therein. However, the City will not require prequalification for those items if alternates are selected. 8. The City will review whether the pre - qualifications experience for the fabricator and installer will be based on company experience, employee experience or both. This will be clarified in an addendum. 0 • Page 11 9. The meeting sign -in sheet will be included with the addendum. The City will also try to post all attendees on their web site for the plan holders list. 10. _Bids will not be accepted from general contractors, fabricators and installers who did not attend the mandatory pre -bid meeting on December 17, 2003. 11. The City will consider additional rain /high wind days beyond the 200 working days, as required, if it is demonstrated that it impacts the contractors work. The contractor may work Saturdays, as needed, with written permission. 12. The City will review the bonus and liquidated damages monetary amounts and revise as needed in an addendum. 13. Per the Green Book Section 2 -3 -2, the cover and chafer shall be considered "specialty items ". City of Newport Beach Public Works Department BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES PRE -BID MEETING WEDNESDAY, DECEMBER 17, 2003 AT 10:00 AM. SIGN -IN SHEET PLEASE PRINT, NAMEXOMPANY ADDRESS PHONE NO. r�:� �YJ4 r�oL 6a.r /< 122 coo .s`�i�. { � /�P/ �c . LT V'i {'aL�` Cole .x K'rt>`s,r�L°S ,v;.�s cr1 966jo .5=d2- i°9 x3J°` 9 5revc_ & 21 0,J Q (KQ'- 747 70P� -?E-fm Qt�- 9•z(Ore) Gram 4, . uSS 1600 2'pf R 0 - W3 4A5 6,z t ons�t Go. 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SIGN -IN SHEET PLEASE PRINT 17?ay 1-2e,, Z:2jf 3 7788 M01)e7z= /icl sl)c)-333 3a %f ne,lu., GUl- c]LLAC�G� ViNi-�! <"1 1N°j't� °i'-'� �l V��•�t� G.LF lei z 33 Or Dec f &C c9DR q(1 �D 1 p CO, �t.vj )3 �, S 3 072 I Q oq - X31 to 7)�-v,zt ct c):j - qt434 L✓�crir� L�..Lts � 2 fJ _ i et 1 ,3c4�Q1 I �nov - wtu t Rio bt�C Se32 /A,( 75- 2,8A-z4 t i TT7z-=71_k3 ��Z �r �- l! ✓I 2-UlV UDNST; � iz AJV�TP -t7 D�25 �olfU�S • oru� `� (�3 I� ��At -- `Efoas /r- �ice.tT s� i�rG- Sra� -!?oo e Y4 f4EAL- . 42-n [1•D>_°b11�'CUllouc�ll 26o1Z-23%e't'ItrSuero%r �.`• `3`fl'S88"�D`!'i l.0 aaecsctsr: Co. Inc. MSS stun VrrJo, CR 4269' -t tC-js 88 loc4z- fay SSG /"° vt�/tSt✓T t�gjT s �zz S Gamey S, tD`i pis 13D3 e94 gs I'�i9 s- -5 S76Id 531s (fir (���J S� `y 4 C� t rr vc L , wa r "I �3 (o t - F: \USERS\PBW\Shared \Contracts \MASTERS \CONTRACT SET UP\PRE -CON SIGN IN SHEET.doc w NON /t( 4 City of Newport Beach Public Works Department BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES PRE -BID MEETING WEDNESDAY, DECEMBER 17, 2003 AT 10:00 AM. SIGN -IN SHEET PLEASE PRINT O m Rtver g4 -7- '',r ,4A2,r�g V , -2, S ziVIS: Cj,4(f % 270 OGc A q2 -7 - -- 9a9 -3s0 -3536- 000 R F_A1C'1A19F-gaN6- FD�/If}�fi G9 1L33% 909 55- 6- =rr® CITY OF NEWPORT BEACH • Page 1 of 5 PUBLIC WORKS DEPARTMENT BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES CONTRACT NO. C -3037 ADDENDUM NO. 2 DATE: January 8, 2004 c Works Director TO: ALL PLANHOLDERS A. NOTICE INVITING BIDS The bid opening time and date has been revised to 2:00 pm. January 27, 2004. B. BID DOCUMENTS — COPY ATTACHED FOR YOUR BID SUBMITTAL C. PLANS 1. Sheet C -1 — For Construction Note 5, add the following: "The existing monorail in the chlorine building shall also be completely removed and demolished." For Construction Note 23, add the following: `Provide fiberglass grating that is installed flush with the surrounding concrete and 316 stainless steel fasteners in the rough over the entire length of the 9 • Page 2 of 5 trough. No protrusions of grating or hardware attachments shall be permitted. The chafer strip shall not be installed over the fiberglass gratings. 316 stainless steel batten bars shall be installed at the ends of the chafer and anchored to the concrete on each side of the trough." 2. Sheet C -5 — For the sump tank in Detail 6, a standard tank such as Ryan Herco 18" x 29" would be acceptable. ; As shown on Detail 5 B, the length of the batten bar is continuous around the perimeter of the reservoir. Concrete footings are 10 inch diameter and spaced at 25 foot intervals, on center, and anchored only at the footings, accordingly. For Detail 2, the plans indicate a 9 foot float length. A shorter float length (such as 6 feet) may be used, however, the Contractor shall provide calculations for adequate spacing, float height and buoyancy as part of the shop drawing submittals. For Detail 3 for the doubler material, 60 mil unreinforced polypropylene (NSF 61 rated) may be used as an alternative to reinforced polypropylene. 3. Sheet C -7 — In Detail 2, delete callout: "Chamfer existing concrete supports to obtain smooth rounded comer. Avoid exposing rebar." Replace with: "The top edges of the pipe supports shall be smoothed out to eliminate any sharp angles. Avoid exposing rebar." 4. Sheet C -8 — In Detail 1, Section A, the sand tubes are shown at the base of the grillage with one row of floats on the grillage. As an alternative, the Contractor may modify the layout by adjusting the location of sand tube, doubler, and both floats to be on the flat portion of reservoir embankment. Contractor shall provide all modifications to the Engineer for review during shop drawing submittals. For Detail 2, revise the 9 inch square stainless steel plate to an 8 inch diameter round stainless steel plate. The chafer strip can be terminated on both sides of the mixer grill structure and anchored to the 10 inch ,footings that support the grill posts. 316 stainless steel batten bars are required along each side of the chafer between footings at the grillages. 5. Sheet E -1 — The electrical cable for the sump pump shall be located on top of the floating cover and not on the floor of the reservoir. 0 SPECIFICATIONS 0 Page 3 of 5 1. Section 213 -2.1.4 Fabrication/installation. (Page SP -18) The approved list of fabricators and installers shall be amended as follows. No other fabricators or installers shall be permitted. Fabricators C.W. Neal Corporation Colorado Lining International MPC Containment Systems Water Saver Company Installers C.W. Neal Corporation RTD Enterprises Comanco MPC Containment Systems International Lining Technology 2. Section 213 - 2.2.1.3 Attachments. (Page SP -22) The corrosion resistant batten bar in the specifications shall consist of 316 stainless steel as shown on the plans. 3. Section 213 - 2.2.2.4 Floats. (Page SP -25) Unreinforced polypropylene vacuum formed float wraps may be used as an alternative. The starting material thickness shall be the Contractor's responsibility. The thickness of the final finished float shall be a minimum 60 mils throughout. 4. Section 213 - 2.2.3.1 Pump Cords. (Page SP -18) The standard cable supplied with the pump will not be long enough based on the location of the rainwater pumps and control panels and needs to be changed out. The length of the power cable shall be one piece. Splicing will not be permitted. 5. Section 213 - 2.2.3.3 Flexible Discharge Hose. (Page SP -26) The Kanaflex hose referenced has a pressure rating of 43 psi instead of the 50 psi listed. The 43 psi rating is acceptable. 6. Section 213 -2.3.1 Cover and Chafer Factory Fabrication. (Page SP- 27) For Item 2, the minimum 29 foot wide panels are required in order to minimize the number of field seams. Smaller width panels are not acceptable. For Item 3, two (2) folds will be allowed for the 48 foot width prior to rolling the panel. As an alternative, a 36 foot width chafer panel may be fabricated with only one (1) fold allowed. Folds shall not be immediately adjacent to shop seams. The cover material shall not be folded. Page 4 of 5 7. Section 213 -2.3.2 Cover and Chafer Installation. (Page SP -30) For Item 4, delete the following: "Once the floating cover's rope -hem detail is secured under the batten bar, a seal of Sikaflex 1 -A polyurethane caulking compound shall be made as shown in the drawings to prevent foreign water from entering the reservoir." Add the following: "Provide a /a" by 2" flat continuous EDPM gasket, 35 +/- Duro, Type A between the cover and the chafer as shown on the drawings." 8. Section 213 -2.3.2 Cover and Chafer Installation. (Page SP -31) For Item 15, add the following at the end of the paragraph: `?here shall be no more than 3- layers of cover material at any location. T -seams shall be located not less than 12" apart. This requirement is applicable to both factory fabrication and field installation." 9. Section 215 -2.1 Performance Characteristics and Features. (Page SP -39) Add to end of section: "The mixer carts are to be removed and installed through the reservoir access covers. The mixer /cart supplier shall provide the components necessary to allow reliable retrieval and installation of the carts on the track. The components shall allow the City `s personnel to remove and install the carts without entering the reservoir or dismantling any portion of the reservoir cover and attachments. The components and method of removal and installation shall be included as part of the contractor's submittal for the Engineer's review. The submittal shall include a written description of the procedures." 10. Section 215 -2.3 Equipment. (Page SP -40) Add to end of section: "The mixer and cart system supplier shall provide one manual winch for retrieval and installation of the carts. The winch shall be rated for twice the pull rate of the cart. The winch shall be a spur gear type with hand brake, constructed for marine duty with bronze and 316 stainless steel components. The winch shall allow portability to the mixer /cart locations. Each mixer /cart location shall be provided with sufficient 316 stainless steel wire cable to be engaged with the winch." 11. Section 221 -1.2 Unit Responsibility. (Page SP -60) Delete the following: "To meet these requirements, the Contractor shall assign the unit responsibility to the pump manufacturer for the equipment specified herein." 12. Section 221 -3.4 Control Panel. (Page SP -62) Delete the requirement for the fail alarm light. 13. Section 221 -3.5 Pump Cords. (Page SP -62) As an option, Santoprene thermoplastic rubber insulation may be used. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 3 CONTRACT NO. C -3037 DATE: January 22, 2004 Works Director TO: ALL PLANHOLDERS // ; CONTRACTFORMS 1. Proposal (Page PR -1 through PR -5) Item 19 — delete reference to "Furnish Cover Maintenance Contract" and replace with "Instrumentation Programming Bid Allowance." The Bid forms are attached herein. PLANS 1. Sheet C -4. Delete Construction Note 7. 2. Sheet C -1. Clarification for anchorage of the chafer material to the concrete pipe and valve stem trough: The same detail for the stainless steel batten.bar and flat head anchors as on Detail 5/7 for the chafer that is attached at the toe shall be used to anchor the chafer to the concrete trough. Anchor spacing shall be at 6 -ft intervals along the slope. Concrete footings are not required and the contractor installs anchors into the existing concrete trough. 3. Sheet C -5. As a clarification, the stainless steel batten bar is a continuous bar around the perimeter of the reservoir per Detail 517. The 10 -inch concrete footings and anchoring of the bars are placed every 25 feet. The contractor would need to weld the bars if the maximum bar length is 12 feet. All welded or spliced connections shall be low profile with smooth edges. As a clarification for Detail 6/7 and Detail 1/12 (Sheet C-10), oblong brass grommets with Dacron webbing shall be used in lieu of the round grommets. 4. Sheet M -6. See revised Detail 1 in the attachment. Revisions consist of deleting the 4 -inch drain and 4 x 8 -inch increaser. Each sample pump will have a separate closed loop pressurized discharge line and discharge from the fiberglass enclosure back to the top of the reservoir. A second 2 -inch Schedule 80 PVC return line has been added. SPECIFICATIONS 1. Introduction. (Page SP -1) In the first paragraph, for item 4, the Standard Specifications for Public Works Construction ( "Greenbook "), delete the reference to "1997 edition ". Replace with "2003 edition." 2. Section 2 — Scope and Control of the Work. (Page 5P -1) Add the following new section: "Section 2-3.4 Special Subcontracting Goals It is a requirement of this Work that the Contractor shall make a good faith effort to meet the following goals with respect to hiring Subcontractors. MBE — Minority Business Enterprise WBE — Woman Business Enterprise Goals for Subcontractor Fee of Total Contract Price Item MBE WBE Construction 20% 10% Supplies 24% 44% Services 20% 31% Equipment 19% 16% The contractor will comply, as applicable, with the provisions of the Davis -Bacon Act 40 U.S.C. S27a -7), the Copeland Act (40 U.S.C. S874), and the Contract Work Hours and Safety Standards Act (40 0 U.S.C. S327 -333, regarding labor standards for federally assisted construction subagreements. The Contractor shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. S795), which prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. S 6101 - 6107), which prohibits discrimination on the basis of age; and (d) the requirements of any other nondiscrimination statutes which apply to the use of federal funds appropriated by grant awards." 3. Section 7 -8.6 Water Pollution Control. (Page SP -5) Add the following: "For NPDES requirements, the Contractor shall comply with the City's Construction Runoff Guidelines Manual, available for review at the Public Works Department." 4. Section 7 -10 Public Convenience and Safety. (Page SP -6) Add the following new section: " Section 7 -10.1 Traffic and Access. The entrance to the Big Canyon Reservoir on San Miguel Drive is adjacent to two schools. School drop off times are approximately 8:15 am, and pickup time is 3:00 pm. The Contractor shall make arrangements to schedule delivery items outside of these hours. 5. Section 9 -3 Payment. (Page SP -9) For Bid Item 19, Delete the following: "Furnish Cover maintenance Contract: Work under this item shall consist of a 2 -year maintenance contract for maintenance of the floating cover." Replace with the following: "Bid Item 19 — Instrumentation Programming Bid Allowance: Contractor shall assume a $15,000 allowance for programming requirements per Specifications Section 17300, 3B for Freedom Automation, which includes General Contractor mark -ups." As a clarification, for Bid Item No. 20, assume that 25,000 square feet of asphalt needs to be removed and 25,000 square feet shall be repaved at a depth of 3 inches. 6. Section 213 - 2.2.1.1 Access Hatches. (Page SP -21) Delete the following: "Two vacuum breaker hatches are shown on the plans at the reservoir inlet/out and overflow. All central cover hatches shall be provided with 5 -foot wide access walkway strips, leading from the closest point on the perimeter of the cover to the hatch." Replace with the following: "One vacuum breaker hatch (Detail 4 on Sheet 9) with floats, as shown on the plans, shall be provided at the overflow structure. The two access hatches above the reservoir sampling pumps shall be provided with 5 -foot wide access walkway strips, leading from the closest point on the perimeter of the cover to the hatch." L] • 7. Section 213 -2.2.3 Submersible Rainwater Sump Pumps. (Page SP- 26) Insert the following at the end of the first paragraph: "The control panels shall be provided by the pump supplier and tested as an integral system." Insert new subsection on Page SP -27: "Section 213 - 2.2.3.6 Testing and Startup. All components of the pump system shall be manufactured, assembled and tested as a unit by a single supplier. The supplier shall assume system responsibility for the pumps, control panel and floats. The manufacturer shall warrant the complete pump system. All components, including the pumps and controls will be tested as a complete working system at the manufacturer's facility. Tests shall be conducted in accordance with Hydraulic Institute Standards at the specified head, capacity, rated speed and horsepower. Factory operational test shall simulate actual performance anticipated for the pumping facilities. The manufacturer's technical representative shall inspect the completed installation, correct or supervise the correction of any defect or malfunction, and instruct operating personnel in the proper operation and maintenance of the equipment." 8. Section 213 - 2.2.3.3 Flexible Discharge Hose. (Page SP -26). As a clarification, the polypropylene sleeve shall be a 45 -mil continuous enclosure (welded with a single seam and 1.5 -inch overlap) that surrounds the entire length of the electrical cable and a separate sleeve for the entire length of discharge hose extending from the pump discharge to the concrete curb at the access road. 9. Section 213 - 2.2.3.4 Sand - Filled Weight Tubes for Rainwater Run -off Troughs and Enhancements. (Page SP -26) As a clarification, this section indicates that enhancement sand tubes shall be placed on the cover at locations to be determined in the field after the cover is placed into service. Assume seventy -five (75) — 2 -inch diameter sand tubes, 9- feet long max each. 10. Section 213 - 2.2.3.5 Flexible Pipe. (Page SP -27) As a clarification, N- 12 pipe will not be approved as a substitution for the flexible pipe. The drainage pipe must be flexible enough to withstand the cover movement and deflection. 11. Section 213 -2.3.3 Quality Control Testing. — Addendum 1 In Item 8 of Addendum 1, an independent laboratory shall perform the required tests. As a clarification, this testing applies to samples from factory fabrication and field installation. This applies to both cover and chafer. 12. Section 213 -2.3.9 Maintenance Contract. (Page SP -37) Delete the entire section. 13. Section 221 -1 General. (Page SP -60) Add the following: 'The sampling pumps shall be designed to pump as a continuous pressurized loop and discharge back to the reservoir." 14. Detail Drawings. Add the following drawing: City of Newport Beach Standard Drawing 228 -L —A and 228 -L -B for Masonry Retaining Wall. Type B wall shall be used for the fiberglass building shown on Sheet C -1. 0 g m g m o V t 0 • i ROM[ *p QZAO e. ' 01113W S5p 9 p �N � O M n � U � 3 oz m O o a C7 0 D z 3 m � J 0 — a U i 3 rc � ((55 Z z M O Z J a a s � m UFl • O I N R *rho 4 r 0 TYPE A WALL construction t. 3 ZI TYO Z�serchorp� Design limits for s/opo or I ', SIOPs surcharge. lypicol. --- -'I 1 conotraclloo Typ. OesYgnH 3'-4' O' 4 =B' 5 =4' .6�-0" A W 3=2' 3=6' 3�10' 4=2' ,' A ® '4,9 16 '4 ,916 A B '40P/6 '5 016 A C '44016 '4 0P16 0340/6 Foofinp coac. CO. fL /L. F. 2.9 3.2 3.4 3.7 4.0 R0/n/. LAs. /L. 8.5 8.9 I /,6 /2.B 15.0 TYPE B WALL Type Design N Y-4' 4' -0' #t-S' 5'-4' 6=0' B W PL6' 3 =0' 3'-4' 3 =B' 4,•0' B AO 04,916 4016 B -40 /6 '606 B '4016 •4 #16 'SOX B D '4016 4016 `4016 4016 5VA6 FooA'np toot. 2.5 2.8 3.0 3.3 1 5.6 Rodrf. LAs./L.f. 9. / 9.6 t /.B /2.9 15.4 ADOPTED FROM AMERICRN PUBLIC WORKS ASSOCIATION STRNDRRD PLAN 618 -0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPfRTM13NT MASONRY RETAINING WALL DROWN F WrteuvL,U PUBLIC WORKS DIRECTOR R.E. NO. 12806 nD01J7K1C Kin rTn —P;) —1 —R Ground line front faces 0 2" Cement mortar cap fi 4' -0" H = 3' -4' 16" 16' 1 16" 1 16' H = 6' -0" Place expansion joints at 40' -0' oc max. mortar from vertical joint in first course above proposed l Extend caulking 6" of line at 32" centers for weep holes. Fill all cells with concrete below finished grade. ELEVATION — MASONRY CONSTRUCTION , H= 6'- 0 ",H =4' -8 ,H =3' -4' c_ Front face finished ground line, - II ,#4 c 12 0" 12 z'- .. ELEVATION Ll PLAN FOOTING _ DESIGN CRITERIA: Masonry: f = 500 psi f',,, = 1500 psi f, = 24,000 psi n = 20 /." premolded expansion Paint. Conic.: 1, = 1300 psi V = 3250 psi f, = 24,000 psi n = 10 D D 00 loin! filler Earth = 120 pcf. Caulking /IL 1' min 2' Surcharge _ Equivalent fluid pressure = 36 pcf for determination of toe pressure. SECTION A - A 27 pcf for determination of heel pressure. 2:1 Unlimited Surcharge: Earth pressure determined from Rankine's formula 0 = 33°-42'. Minimum allowable soil bearing capacity of foundation material = 2000 psi. ADOPTED FROM RMERICRN PUBLIC WORKS R RSSOCIRTION S STRNDRRD PLRN 6 618-0 CITY O OF N NEWPORT ® ®EACH D DRAWN D DRTE F.T. 1 Mwraff1 '1 1 7 MASONRY RETAINING WALL PUBLIC WORKS DIRECTOR R.E. NO. 12806 noolerkir kin QTTI— ? ?P—I —R 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 3 CONTRACT NO. C -3037 DATE: January 22, 2004 Public Works Director TO: ALL PLANHOLDERS CONTRACT FORMS 1. Proposal (Page PR -1 through PR -5) Item 19 — delete reference to "Furnish Cover Maintenance Contract" and replace with "Instrumentation Programming Bid Allowance." The Bid forms are attached herein. PLANS 1. Sheet C -4. Delete Construction Note 7. 2. Sheet C -1. Clarification for anchorage of the chafer material to the concrete pipe and valve stem trough: The same detail for the stainless steel batten bar and flat head anchors as on Detail 5/7 for the chafer that is attached at the toe shall be used to anchor the chafer to the concrete trough. Anchor spacing shall be at 6 -ft intervals along the slope. Concrete footings are not required and the contractor installs anchors into the existing concrete trough. 3. Sheet C -5. As a clarification, the stainless steel batten bar is a continuous bar around the perimeter of the reservoir per Detail 517. The 10 -inch concrete footings and anchoring of the bars are placed every 25 feet. The contractor would need to weld the bars if the maximum bar length is 12 feet. All welded or spliced connections shall be low profile with smooth edges. As a clarification for Detail 6/7 and Detail 1112 (Sheet C -10), oblong brass grommets with Dacron webbing shall be used in lieu of the round grommets. 4. Sheet M -6. See revised Detail 1 in the attachment. Revisions consist of deleting the 4 -inch drain and 4 x 8-inch increaser. Each sample pump will have a separate closed loop pressurized discharge line and discharge from the fiberglass enclosure back to the top of the reservoir. A second 2 -inch Schedule 80 PVC return line has been added. SPECIFICATIONS 1. Introduction. (Page SP -1) In the first paragraph, for item 4, the Standard Specifications for Public Works Construction ( "Greenbook "), delete the reference to "1997 edition ". Replace with "2003 edition." 2. Section 2 — Scope and Control of the Work. (Page SP -11 Add the following new section: "Section 2 -3.4 Special Subcontracting Goals It is a requirement of this Work that the Contractor shall make a good faith effort to meet the following goals with respect to hiring Subcontractors. MBE — Minority Business Enterprise WBE — Woman Business Enterprise Goals for Item MBE WBE Construction 20% 10% Supplies 24% 44% Services 20% 31% Equipment 19% 16% The contractor will comply, as applicable, with the provisions of the Davis -Bacon Act 40 U.S.C. S27a -7), the Copeland Act (40 U.S.C. S874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. S327 -333, regarding labor standards for federally assisted construction subagreements. The Contractor shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. S795), which prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. S 6101- 6107), which prohibits discrimination on the basis of age; and (d) the requirements of any other nondiscrimination statutes which apply to the use of federal funds appropriated by grant awards." 3. Section 7-8.6 Water Pollution Control. (Page SP -5) Add the following: "For NPDES requirements, the Contractor shall comply with the City's Construction Runoff Guidelines Manual, available for review at the Public Works Department." 4. Section 7 -10 Public Convenience and Safety. (Page SP -6) Add the following new section: " Section 7 -10.1 Traffic and Access. The entrance to the Big Canyon Reservoir on San Miguel Drive is adjacent to two schools. School drop off times are approximately 8:15 am, and pickup time is 3:00 pm. The Contractor shall make arrangements to schedule delivery items outside of these hours. 5. Section 9 -3 Payment. (Page SP -9) For Bid Item 19, Delete the following: "Furnish Cover maintenance Contract: Work under this item shall consist of a 2 -year maintenance contract for maintenance of the floating cover." Replace with the following: "Bid Item 19 — Instrumentation Programming Bid Allowance: Contractor shall assume a $15,000 allowance for programming requirements per Specifications Section 17300, 3B for Freedom Automation, which includes General Contractor mark- ups." As a clarification, for Bid Item No. 20, assume that 25,000 square feet of asphalt needs to be removed and 25,000 square feet shall be repaved at a depth of 3 inches. 6. Section 213 - 2.2.1.1 Access Hatches. (Page SP -21) Delete the following: "Two vacuum breaker hatches are shown on the plans at the reservoir inlettout and overflow. All central cover hatches shall be provided with 5 -foot wide access walkway strips, leading from the closest point on the perimeter of the cover to the hatch." Replace with the following: "One vacuum breaker hatch (Detail 4 on Sheet 9) with floats, as shown on the plans, shall be provided at the overflow structure. The two access hatches above the reservoir sampling pumps shall be provided with 5 -foot wide access walkway strips, leading from the closest point on the perimeter of the cover to the hatch." • 7. Section 213 -2.2.3 Submersible Rainwater Sump Pumps. (Page SP- 26) Insert the following at the end of the first paragraph: 'The control panels shall be provided by the pump supplier and tested as an integral system." Insert new subsection on Page SP -27: "Section 213 - 2.2.3.6 Testing and Startup. All components of the pump system shall be manufactured, assembled and tested as a unit by a single supplier. The supplier shall assume system responsibility for the pumps, control panel and floats. The manufacturer shall warrant the complete pump system. All components, including the pumps and controls will be tested as a complete working system at the manufacturer's facility. Tests shall be conducted in accordance with Hydraulic Institute Standards at the specified head, capacity, rated speed and horsepower. Factory operational test shall simulate actual performance anticipated for the pumping facilities. The manufacturer's technical representative shall inspect the completed installation, correct or supervise the correction of any defect or malfunction, and instruct operating personnel in the proper operation and maintenance of the equipment." 8. Section 213 - 2.2.3.3 Flexible Discharge Hose (Page SP -26). As a clarification, the polypropylene sleeve shall be a 45 -mil continuous enclosure (welded with a single seam and 1.5 -inch overlap) that surrounds the entire length of the electrical cable and a separate sleeve for the entire length of discharge hose extending from the pump discharge to the concrete curb at the access road. 9. Section 213 - 2.2.3.4 Sand - Filled Weight Tubes for Rainwater Run -off Troughs and Enhancements. (Page SP -26) As a clarification, this section indicates that enhancement sand tubes shall be placed on the cover at locations to be determined in the field after the cover is placed into service. Assume seventy -five (75) — 2 -inch diameter sand tubes, 9- feet long max each. 10. Section 213 - 2.2.3.5 Flexible Pipe. (Page SP -27) As a clarification, N- 12 pipe will not be approved as a substitution for the flexible pipe. The drainage pipe must be flexible enough to withstand the cover movement and deflection. 11. Section 213 -2.3.3 Quality Control Testing — Addendum 1 In Item 8 of Addendum 1, an independent laboratory shall perform the required tests. As a clarification, this testing applies to samples from factory fabrication and field installation. This applies to both cover and chafer. 12. Section 213 -2.3.9 Maintenance Contract. (Page SP -37) Delete the entire section. 13. Section 221 -1 General. (Page SP -60) Add the following: "The sampling pumps shall be designed to pump as a continuous pressurized loop and discharge back to the reservoir." 14. Detail Drawings. Add the following drawing: City of Newport Beach Standard Drawing 228 -L —A and 228 -L -B for Masonry Retaining Wall. Type B wall shall be used for the fiberglass building shown on Sheet C -1. z # m o U "5 4 Tot. 21 '4 Till -1 Mowry COOflrudion mortar cop. ryp. VOW line ryp. TYPE A WALL 2 surcharge IF - - - - - -- d'i }o,;sed Design limits for slope 5}oFs surcharge. typical. i e;l Masonry construction iype DmO g 3''e Oil 4 --e 5'' 4' .6'0' A w 3 =2' 3'04 3'4' .'f-8' 4 =6' A ® Mowry COOflrudion mortar cop. ryp. VOW line ryp. TYPE A WALL 2 surcharge IF - - - - - -- d'i }o,;sed Design limits for slope 5}oFs surcharge. typical. i e;l Masonry construction iype DmO g 3''e 4 O' 4 --e 5'' 4' .6'0' A w 3 =2' 3'04 3'4' .'f-8' 4 =6' A ® '4F/6 A '5916 A '40/6 im '50 AS Fooling. eonc. Co. ft. /L.R 2.9 '4016 `4016 '4016 4.0 3#16 8.5 2.5 2.8 3.0 /5A "4 Tot 2 d4 7o12 w TYPE B WALL T -V-4 4' O' 4'B' 5'-4' 6' -0' 2 =B' 3'04 3'4' .'f-8' 4' -O' '4P16 �P /6 '4016 '5016 '40/6 '4f 16 '50 AS '4016 `4016 '4016 4016 3#16 u. ... 2.5 2.8 3.0 3.3 3.6 Rebib Lbs. IL F1 9./ 1 9.6 / /.8 1 11 15.4 ' 11' 71 • bi •i ' l _ • 1;3. il.•V I i 1► i1U'IL I 5 CITY OF NEWPORT EERCH DRAWN F. T. DATE 1/15/91 PUBLIC WORKS DEPARTMENT APPROVED 4 PUBLIC WORKS DIRECTOR MASONRY RETAINING WALL R.E. NO. 12806 DRAWING NO. STD - 228 -L -A C Ground line front fa Place expansion joints H = 6' -0" ( at 40' -0" cc max. 2' Cement mortar cap I WIN two r1 �� rte. /� �� \�'i� ■ rl �1•i� �I■ r MIMIMIMMMIM1 IM111iill =I MR Omit mortar from vertical joint in first course above proposed Extend caulking 6" ground line at 32" centers for weep holes. Fiff aff cells with concrete below finished grade. ELEVATION - MASONRY CONSTRUCTION Front face finished ground Y.' premolded expansion ❑ D o O %oint filter Caulking Jt ?"min SECTION A -A H =6' -0" ,H= 4' -6 °, ,H =3' -4" JE '4 I Cara 12 2'- -0• --=f— ° #4 @ 12 ELEVATION Layout line u77 PLAN FOOTING STEP DETAILS DESIGN CRITERIA: Masonry: m = 500 psi f'm = 1500 psi fs = 24, 000 psi n=20 ROW.. Conc.: , = 1300 psi VC = 3250 psi 1s = 24, 000 psi n = 10 Earth = 120 pcf. 2' Surcharge Equivalent fluid pressure = 36 pcf for determination of toe pressure. 27 pct for determination of heel pressure. 2:1 Unlimited Surcharge: Earth pressure determined from Rankine's formula © = 33°-42'. Minimum allowable soil bearing capacity of foundation material = 2000 pst. ADOPTED FROM AMERICAN PUBLIC WORKS ASSOCIATION STANDARD PLAN 618-0 CITY OF NEWPORT BERCH PUBLIC WORKS DEPARTMENT MASONRY RETAINING WALL DRAWN F. T. DOTE APPROVED j (0 Y44 PUBLIC WORKS DIRECTOR R.E. NO. 12806 DRAWING NO. STD - 228 -L-13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES CONTRACT NO. 3037 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No, 3037 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit. ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE _WRITTEN IN WORDS PRICE PRICE 2, 3. Lump Sum Mobilization, Demobilization and Cleanup hv,nd.re Z Si� Plouswn� . @ _. Dollars and 0, 0oo Cents $ � Per Lump Sum Lump Sum Furnish and Install Floating Cover Including Cover, Chafer, Ac ss Hatches, Grills, Vents Twu(1illie�S�uetnjl ousA-L Dollars and $ 01 ODD T Per Lump Sum Cents Lump Sum Furnish and Install Six Cover Rainwater Pumps and Piping TWDAA�kka-Vkod SVPL A Dollars and a..00 OL)o ._Cents $ 1 Per Lump Sum PR -1 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Furnish and Install Site Fencing swer(�3 5w-iv @ Dollars and Per Lump Sum 5.. Lump Sum Furnish and Install Chemical Storage Tanks @ FAY five.Th)oscuvk Dollars and Cents Per Lump Sum Lump Sum Furnish and Install Chemical Metering Pumps and Appurtenances Olt hu4Jed.1"WW44 71,6JSC4k @ Dollars and ._.........._,.....Cents Per Lump Sum 7. Lump Sum Furnish and Install Chemical Containment Wall, Concrete Pad, Canopy Structure, FRP Enclosure 011e �u1�41 2� i>70Ufr� Dollars and Cents Per Lump Sum 8, 4 EA Furnish and Install Reservoir Mixers, Trolleys and Rail System @6�1`f`1 Ei�h� f�oUsU -�A Dollars `,0,000 $ 3sa,00o $ 75, 000,00 $ 551 boo $ a -o�OUu $ I $01 o00 and Cents Per Each PR -2 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. Lump Sum Furnish and Install Chemical Feed Site Piping including manifolds valves, supports Dae �v�u�-Tweh� 'j11oUSC�, @ Dollars and Duo Cents $ i Per Lump Sum 10. 875 Tons Furnish and Install Access Road Asphalt Paving Dollars and Per Ton.. — ....._ -C nts $ �rJ $ 11. 360 Tons Furnish and Install Access Road Base Material @ Wur�y i�itic Dollars q ,ln / L r, and Cents $ q `• `a.. $ 1 -7 b ` V Per Ton. 12.. 2,500 Cu.Yd. Furnish and Install Reservoir Cement Slurry Paving On,t rlundle�. 6 �+ 7 @ Dollars and _ Cents $ M-0_ p $ �5 � Per Cu.. Yd. 13. Lump Sum Furnish and Install Electrical Including Conduits, Wiring, Controls and Instrumentation (t� Dollars and Cents Per Lump Sum PR -3 $ In DOD C� • ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT ,.,___PRICE WR(TTEN- IN-WQR.QS PRICE PRICE 14, Lump Sum Furnish and Install Site Work Including Grading and Drainage Nti� �oUJrMn� (a� Dollars �Rolot)o and Cents Per Lump Sum 15. Lump Sum Furnish and Install Reservoir Concrete Curb I wD Inu+�P.� T�ot1S� @ Dollars and Per Lump Sum Pima 16. Lump Sum Furnish and Install Reservoir Replacement Valves, Shafts and Motorized Actuators @Ont l�unbu¢d5 1G y T'64S�.�C, Dollars and 000 Cents $ Per Lump Sum 17.. Lump Sum Demolition Sid Y Tf bd'(OVL Dollars and ooh Cents $ Per Lump Sum 18.. Lump Sum Disinfection F� f 4 ge^ TkO usow-1 @ Dollars and Cents $ l `)) 000 Per Lump Sum PR -4 Cl ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT_ PRICE WRITTEN_ IN WORDS PRICE __ PRICE 19. Lump Sum Instrumentation Programming Bid Allowance @ Fifteen thousand Dollars and no Cents $ 15,000 Per Lump Sum 20. 25,000 SO FT. Furnish and Install Reservoir Bottom Asphalt Paving Repair @ Tw Dollars I_ {� and �"k l I i7� ,Cents $ a• $ Ob Per SQ. FT. TOTAL PRICE IN WRITTEN WORDS (( C[ I, k and d D Cents _ 1 �Z& 0 Date 909 - 824 - 0393/909 -824 -8919 Bidder's Telephone and Fax Numbers 732806 Bidders License No(s).. and Classification(s) PR -5 Total Price (Figures) Banshee Construction Company, Inc. Bidder PresIdent 135er's Authorized Signature and Title 1600 R. Steel Road, Colton, CA 92324 Bidder's Address PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES CONTRACT NO. 3037 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE AND SYMBOLS SP -1 1 -2 DEFINITIONS SP -1 SECTION 2 SCOPE AND CONTROL OF THE WORK SP -2 2 -6 WORK TO BE DONE SP -2 2 -9 SURVEYING SP -2 2 -9.3 Survey Service SP -2 SECTION 3 CHANGES IN WORK SP -2 3-3 EXTRA WORK SP -2 3-3.2 Payment SP -2 3 -3.2.3 Markup SP -2 SECTION 4 CONTROL OF MATERIALS SP -3 4-1 MATERIALS AND WORKMANSHIP SP -3 4-1.3 Inspection Requirements SP -3 4 -1.3.4 Inspection and Testing SP -3 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK SP -3 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK SP -3 6-7 TIME OF COMPLETION SP -4 6-7.1 General SP -4 6 -7.2 Working Days SP -4 6 -7.4 Working Hours SP -4 6-9 INCENTIVE BONUS AND LIQUIDATED DAMAGES SP -5 6-11 SEQUENCE OF CONSTRUCTION SP -5 6 -11.1 Sequencing Construction SP -5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR SP -5 7 -5 PERMITS SP -5 7 -7 COOPERATION AND COLLATERAL WORK SP -5 7 -8 PROJECT SITE MAINTENANCE SP -5 7 -8.5 Temporary Light, Power and Water SP -5 7 -8.6 Water Pollution Control SP -5 .7 -8.9 Disposal of Flushing Water SP -6 7 -9 PROTECTION AND RESTORATION OF EXISTING SP -6 207 -22.1 IMPROVEMENTS SP -10 7 -10 PUBLIC CONVENIENCE AND SAFETY SP-6 7 -10.2 Storage of Equipment and Materials in Public Streets SP-6 7 -10.4 Safety SP-6 7- 10.4.1 Safety Orders SP-6 7 -15 CONTRACTOR LICENSES SP -6 7 -16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS SP -7 SECTION 8 FACILITIES FOR AGENCY PERSONNEL SP -7 SECTION 9 MEASUREMENT AND PAYMENT SP -7 9 -3 PAYMENT SP -7 9-3.1 General SP -7 9 -3.2 Partial and Final Payment SP -9 PART 2— CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS SP -10 201 -1 PORTLAND CEMENT CONCRETE SP -10 200 -1.1 Requirements SP -10 201 -1.1.2 Concrete Specified by Class SP -10 201 -2 REINFORCEMENT FOR CONCRETE SP -10 201 -2.2.1 Reinforcing Steel SP -10 SECTION 207 PIPE SP -10 207 -22 PIPE APPURTENANCES SP -10 207 -22.1 Butterfly Valves SP -10 207 -22.2 Actuators SP -11 207 -24 CHEMICAL PIPING VALVES_ AND APPURTENANCES SP -12 207 -24.1 General SP -12 207 -24.2 Piping System Abbreviations SP -12 207 -24.3 Pipes and Valves SP -13 207 - 24.3.1 Pipe, Fittings and Joints SP -13 207- 24.3.2 Ball Valves SP -13 207 - 24.3.3 Globe Valves SP -13 207- 24.3.4 Check Valves SP -13 207 - 24.3.5 Pressure Reducing Valves SP -13 207 - 24.3.6 Solenoid Shutoff Valves SP -13 207- 24.3.7 Globe Valves SP -14 207 - 24.3.8 Backflow Preventers SP -14 iv 213- 2.2.3.3 Flexile Discharge Hose SP -27 213 - 2.2.3.4 Sand - Filled Weight Tubes for Rainwater Runoff SP -27 213 - 2.2.3.5 Flexible Pipe SP -28 213 -2.3 Execution SP -28 213 -2.3.1 Cover Factory Fabrication SP -28 213.2.3.1.1. Factory Fabrication Seam Testing Requirements SP -29 213 -2.3.2 Cover and Chafer Installation SP -30 213 -2.3.3 Quality Control Testing SP -33 213 - 2.3.3.1 Fabrication Quality Control Tests SP -33 213 - 2.3.3.2 Tensionmeter Peel Strength Test SP -34 213 - 2.3.3.3 Bonded Seam Strength Tests SP -35 213- 2.3.3.4 Field Installation Quality Control Tests SP -35 213- 2.3.3.5 Tensile Strength Test SP -35 213 - 2.3.3.6 On -Site Cover Seam Inspection SP -36 213 -2.3.4 Inflation of Cover SP -37 213 -2.3.5 Cleanup SP -37 213 -2.3.6 Disinfection of Reservoir and Cover SP -37 213.2.3.7 Operations and Maintenance Manuals SP -38 213 -2.3.8 Warranty Inspection SP -38 213 -2.3.9 Maintenance Contract SP -38 SECTION 215 MIXING EQUIPMENT SP -38 215-1 GENERAL SP -38 215 -1.1 Definitions SP -39 215 -1.2 Type SP -39 215 -1.3 Submittals SP -39 215 -1.4 Guarantees SP -39 215-2 MATERIALS SP -39 215 -2.1 Performance Characteristics and Features SP -39 215 -2.2 Materials SP-40 215 -2.3 Equipment SP -40 215 -2.4 Spare Parts SP -41 215-3 EXECUTION SP -41 215 -3.1 Installation SP -41 SECTION 216 FRP CHEMICAL STORAGE TANKS SP-42 216 -1 GENERAL SP-42 216 -1.1 Type SP -42 216 -1.2 Manufacturer's Qualifications SP-42 216 -1.3 Submittals SP -42 216 -1.4 Warranty SP -43 216 -1.5 Factory Testing SP -43 216 -2 PERFORMANCE AND.DESIGN REQUIREMENTS SP -43 216 -2.1 Performance Characteristics and Features SP -43 216 -2.2 Design Requirements SP43 216-3 MATERIAL SP-44 216 -3.1 Resin SP -44 216 -3.2 Reinforcing SP -44 216-4 FABRICATION SP -44 iv 219 -1.2 Unit Responsibility SP -54 219 -1.3 Submittals SP -54 219 -1.4 Warranty SP -55 219-2 PERFORMANCE REQUIREMENTS AND OPERATING CONDITIONS SP -55 219 -2.1 Performance Requirements SP -55 219 -2.2 Operating Conditions SP -55 219-3 EQUIPMENT SP -55 219 -3.1 Materials SP -55 219 -3.2 Pump Head SP -56 219 -3.3 Pump Drive SP -56 219 -3.4 Pump Control SP -56 219 -3.5 Accessories SP -56 219 -4 INSTALLATION SP -57 219 -4.1 Installation and Testing SP -57 219 -4.2 Operator Training SP -58 SECTION 220 CHLORINE AND AMMONIA ANALYZERS SP -58 220-1 GENERAL SP -58 220 -1.1 Type SP -58 220 -1.2 Submittals SP -58 220 -2 PERFORMANCE REQUIREMENTS AND OPERATING CONDITIONS SP -59 220 -2.1 Ammonia Analyzers SP -59 220 -2.2 Chlorine Residual Analyzers SP -59 220 -3 EQUIPMENT SP -60 220 -3.1 Ammonia Analyzers SP -60 220 -3.1.1 General SP -60 220 -3.1.2 Unit Housing SP -60 220 -3.1.3 Sampling and Analysis SP-60 220 -3.1.4 Analyzer Output SP-60 220 -3.2 Chlorine Residual Analyzers SP-60 220 -3.2.1 General SP-60 220 -3.2.2 Unit Housing SP -60 220 -3.2.3 Sampling and Analysis SP -60 220 -3.2.4 Analyzer Output SP -61 220-4 INSTALLATION SP -61 220 -4.1 General SP -61 220 -4.2 Chlorine Analyzer AE -1A SP -61 220 -4.3 Operator Training SP-61 SECTION 221 RESERVOIR AND SAMPLING PUMPS SP -61 221 -1 GENERAL SP -61 221 -1.1 Type SP -61 221 -1.2 Unit Responsibility SP -61 221 -1.3 Submittals SP -61 221 -1.4 Warranty SP-62 vi 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing SECTION 306 UNDERGROUND CONDUIT CONSTRUCTION 306 -1.1.1 General SECTION 308 LANDSCAPE 308 -1 1 GENERAL TECHNICAL SPECIFICATIONS 02712 GEOTECHNICAL SUBDRAIN 16000 300 -1.3 Removal and Disposal of Materials SP -68 300 -1.3.1 General SP-68 300 -1.3.2 Requirements SP-69 300 -1.5 Solid Waste Diversion SP-69 SECTION 302 ROADWAY SURFACING SP -69 302 -5 ASPHALT CONCRETE PAVEMENT SP -69 302 -5.1 General SP -69 302 -5.10 Reservoir Cement Slurry SP-69 302 -5.11 Reservoir Porous Asphalt SP -70 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing SECTION 306 UNDERGROUND CONDUIT CONSTRUCTION 306 -1.1.1 General SECTION 308 LANDSCAPE 308 -1 1 GENERAL TECHNICAL SPECIFICATIONS 02712 GEOTECHNICAL SUBDRAIN 16000 GENERAL ELECTRICAL REQUIREMENTS 16135 CABINETS AND ENCLOSURES 16140 SWITCHES AND RECEPTACLES 16145 PANELBOARDS 16150 ELECTRIC MOTORS 16200 LOW - VOLTAGE SWITCHBOARDS 16300 MOTOR CONTROL CENTERS 16950 ELECTRICAL TESTING 17000 GENERAL INSTRUMENTATION REQUIREMENTS 17100 LEVEL, PRESSURE MEASUREMENT AND CONTROL 17200 CONTROL PANELS, CABINETS AND CONTROL DEVICES 17300 PROGRAMMABLE LOGIC CONTROL SYSTEM 17400 UNINTERRUPTIBLE POWER SUPPLY Tetra Tech Detail Drawings VR -I Valve Replacement VR -2 Valve Replacement VR -3 Valve Replacement VR-4 Valve Replacement VR -5 Valve Replacement SD -1 Subdrain System DETAILED DRAWINGS viii SP -70 SP -70 SP -70 SP -70 SP -70 SP -71 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES CONTRACT NO. 3037 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. W- 5293 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction ( "Greenbook ") (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Spec cations may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 -517- 0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as .referenced and stated hereinafter: PART GENERAL PROVISIONS SECTION 1 --- TERMS. DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 -2 DEFINITIONS. Add to this section: "Engineer- Tetra Tech, Inc. 16241 Laguna Canyon Road, Suite 200 Irvine, California 92618 Attention: Mr. Steve Tedesco, P.E. (949) 727 -7099 (949) 727 -7097 Fax" SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section: "Floating Cover and Disinfection Facilities SP -1 C� 0 SECTION 4--- CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractors readiness for inspection. The Contractor shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. The laboratory qualifications shall be submitted to the City for approval prior to any services performed. All laboratory testing results shall be submitted to the City. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 6--- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." No work shall begin until a "Notice to .Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. Contractor shall submit six (6) sets of shop drawings to the City for review.. Shop drawings shall be provided for all items listed in the specifications including, but not limited to the geomembrane cover, all pumps, piping, valves, tanks, electrical equipment, concrete mix, structural, paintings and coatings, instrumentation. City and the Engineers review time shall be 15 working days. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall lt be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." SP -3 For each working day that the work is completed in advance of the 20G working days stipulated in Section 6-7.1, the City shall pay to the Contractor a $1,500.00 incentive bonus. The project shall not be considered substantially complete until all of the following criteria are satisfied: • Deficient or incomplete work has been corrected. • Facility has been demonstrated to operate satisfactorily. • Operations and maintenance manuals have been submitted and accepted. • Record drawings have been submitted and accepted. • Only minor punch list items remain and the City has scheduled the Notice of Completion with the City Council. 6 -11 SEQUENCE OF CONSTRUCTION 6 -11.1 Sequencing Construction. The Contractor shall prepare shop drawing submittals in accordance with these Special Provisions and the Standard Specifications. The chemical feed facilities may be constructed first while the Contractor is waiting for fabrication and delivery of the polypropylene cover materials. Once the cover material is received on -site, the Contractor shall notify the City. The City drained and cleaned the reservoir in September 2003. The Contractor shall be responsible for maintaining the cleanliness of the reservoir in accordance with the California Department of Health Services throughout the construction period. SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS. Delete the first sentence and replace with the following: "The Contractor will be required to obtain a no fee City of Newport Beach Encroachment Permit prior to the start of work. An OSHA permit to perform excavation or trench work will be required for this project and shall be the responsibility of the Contractor to obtain prior to the start of work. 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City five working days notice of the time he desires the shut down of facilities to take place. 7 -8 PROJECT SITE MAINTENANCE 7-8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use the Citys water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 7 -8.6 Water Pollution Control. Add to this section: "Surface runoff water containing mud, silt, chemicals or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into the reservoir, any catch basin, Newport Harbor, the bay, or the ocean." SP -5 separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. . Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" correction plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 8 — FACILITIES FOR AGENCY PERSONNEL No facilities will be required for the City personnel. SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: 'The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization, Demobilization and Cleanup: Work under this item shall include preparatory and cleanup operations including, but not limited to, those necessary for the movement of personnel, equipment, materials, and incidentals to and from the project site, securing a temporary construction yard, and maintaining the project site in a safe and orderly manner during construction. This item also includes any costs incurred for securing bonds, insurance permits and financing prior to beginning the construction work. Item No. 2 Furnish and Install Floating Cover Including cover, chafer strip, access hatches, pipe /mixer protection grills, vents: Work under this item shall include furnishing and installing all materials and labor including, but not limited to, polypropylene cover and installation, chafer strip, access hatches, vents, rainwater sumps, protective grills, testing after construction. Item No. 3 Furnish and Install Six Cover Rainwater Pumps and Piping: Work under this item shall include furnishing and installing all material including, but not limited to, the rainwater collection sump pumps for the floating cover, discharge piping, valves and controls and all other work necessary to install the system complete in place. Item No. 4 Furnish and Install Site Fencing: Work under this item shall include furnishing and installing material including, but not limited to, chain link fencing around SP -7 0 instrumentation, pressure gages, level sensors, analyzers, sample pumps, and all other. work necessary for a complete system in place. Item No. 14 Furnish and Install Grading and Drainage: Work under this .item shall .include furnishing and installing materials including, but not limited to, local site grading, drainage, v -ditch connections for rainwater cover discharge lines, 24 inch diameter culvert and all other work necessary for the facilities complete in place. Item No. 15 Furnish and Install Reservoir Concrete Curb: Work .under this item shall consist of new concrete curb along the reservoir for attachment of the cover. Item No. 16 Furnish and Install Reservoir Replacement Valves, Shafts and Motorized Operators: Work under this item shall consist of removal of existing 48 inch and 54 inch valves and replacement with new valves, shafts and motorized operators for a complete installation. Item No. 17 Demolition: Work under this item shall include demolition of existing structures as shown on the drawings including existing fence and concrete posts around the reservoir perimeter, existing concrete reservoir curb, existing laboratory building and storage structure including but not limited to roof, masonry block, doors, walls, lighting, concrete foundation and footings, conduits, HVAC, piping. Item No. 18 Disinfection: Work under this item shall consist of disinfection of the cover and reservoir and associated pipelines. Item No. 19 Furnish Cover Maintenance Contract: Work under this item shall consist of a 2 year maintenance contract for maintenance of the floating cover. Item No. 20 Furnish and Install Reservoir Bottom Asphalt Paving Repair. Work under this section shall include up to 25,000 square feet of porous asphalt repairs of the bottom of the reservoir. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201.-- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1 Requirements. Add to this section: "Concrete mix design shall be subject to review and approval by City of Newport Beach." 9;L0 Interior operator shaft shall be sized by the valve manufacturer to open and close the valve with out deflection. Shaft length and dimensions are as shown on the plans. Shaft support shall be galvanized rigid pillow block two bolt base. Valves and appurtenances shall be manufactured by M &H, Pratt or approved equal. 207 -22.1 Actuators. The existing motorized actuator and hand wheels for the Valves shall be replaced. The new 54 inch and 48 inch valve operators shall be a motorized actuator operator on each valve. All electric actuators shall conform to the requirements of AWWA Standard C540 -93. Actuators shall be multi -turn and contain motor, gearing, manual over -ride, limit switches, torque switches, drive coupling, integral motor controls, and "graduated" mechanical dial position indicator. The motor shall be specifically designed for actuator service. The motor will be of the induction type with class F insulation and protected by means of thermal switches imbedded . in the motor windings. Motor enclosure will be totally enclosed, non- ventilated. Motors shall be capable of operating on 460 volt -3 phase - 60 hertz power. To utilize the existing electric circuits, the motor hp shall be less than or equal to 2 hp. Solid state reversing starters shall be used on all 3 -phase motors. Actuator enclosure shall be NEMA 4 (watertight 6' for 30 minutes). All external fasteners on the electric actuator will be stainless steel. Fasteners on limit switch and terminal compartments shall be captured to prevent loss while covers are removed. All gearing shall be grease lubricated and designed to withstand the full stall torque of the motor. Manual over -ride shall be by hand wheel. Manual operation will be via power gearing to minimize required rim pull and facilitate . easy change -over from motor to manual operation when actuator is under load. Return from manual to electric mode of operation will be automatic upon motor operation. A seized or inoperable motor shall not prevent manual operation. Actuator shall be capable of hand wheel operation if motor control unit is removed. Limit switches shall be furnished at each end of travel. Limit switch adjustment shall not be altered by manual operation. Limit switch drive shall be by countergear. Limit switches must be capable of quick adjustment requiring no more than five (5) turns of the limit switch adjustment spindle. One set of normally open and one set of normally closed contacts will be furnished at each end of travel where indicated. Mechanically operated torque switches shall be furnished at each end of travel. Torque switches will trip when the valve load exceeds the torque switch setting. The torque switch adjustment device must be calibrated directly in engineering units of torque. All wiring shall be terminated at a plug and socket connector. Valves for reservoir isolation shall have actuators sized for closure at 30 feet per second. Documentation for compliance shall accompany submittals. Bevel Gears shall be sized by the motor manufacturer and shall be certified by the manufacturer for SP -11 Drain pipes shall be ASTM D1785, Schedule 40 PVC pipes. Drain pipe fittings shall be ASTM D2665 non - pressure PVC fittings. 207- 24.3.2 Ball Valves. Ball valves shall .be PVC valves with PVC bodies and Teflon seats. Seat cushions and O -rings shall be EPDM for AM service and Viton for SH service. The ball for the SH valves shall have an 1/8 -inch vent at upstream side . of the ball when the valve is in the closed position. PVC ball valves shall be Chemtrol ~True Union, Asahi /America Duo Block TU series, Hayward Safe Block True Union, or approved equal. 207- 24.3.3 Globe Valves. Globe valves shall be corrosion resistant globe valves made of Type 316 stainless steel. Valve shall have beveled discs and seats, union bonnets and teflon packings. Valves shall be Jenkins Figure 1308, or approved equal. 207- 24.3.4 Check Valves. Check valves at 2 -inch and smaller shall be PVC ball check valves with Vfton seals for SH service and EPDM for AM service. The valves shall be Asahi /America True Union Ball Check Valve, Hayward True Check, or approved equal. 207- 24.3.5 Pressure Reducing Valves. Pressure reducing valves shall be balanced direct acting, spring operated type, designed to maintain a steady pressure at the discharge side of the valve. The valve shall have bronze body and cover and stainless steel trim. The valve shall be Cal -Val model 990, or approved equal. 207 - 24.3.6 Solenoid Shutoff Valves. Solenoid shutoff valves shall be internal pilot operated, full port, normally closed, globe type valves, rated for continuous duty at 120volt AC. Valve body shall be bronze; valve plunger, bonnet tube, spring and pilot valve shall be stainless steel; and seals shall be Buna N. The coil shall be Class °H" and the coil enclosure shall be cast iron. The valve shall be listed by the Underwriters Laboratories, Inc. The valve shall be Type A as manufactured by Magnatrol Valve Corp., or equal. 207 - 24.3.7 Globe Valve. Where used for sodium hypochlorite applications, globe valves shall be of PVC construction and shall be designed for efficient flow throttling under operating pressure up to 150 psig. The valve body, bonnet, stem and disc shall be PVC, valve seals shall be Viton, and all parts exposed to the flow stream shall be made of materials resistant to corrosion by sodium hypochlorite solution. The valve shall be Asahi/America PVC globe valve, or approved equal. 207- 24.3.8 Backflow Preventers. The backflow preventer shall be reduced . pressure principle type with two independent "Y" configured check valves and one differential relief valve. The unit shall have a working pressure rating of not less than 175 psi. The valve body shall be made of ductile iron and the relief valve assembly shall be of bronze modular fabrication. The unit shall meet the specifications of AWWA C511 and the Foundation for Cross Connection Control and hydraulic Research at the University of Southern California, and shall have documented flow curves established by the University of Southern California. The backflow prevent shall be Febco 825YD, or approved equal. SP -13 letters on red background. In addition, pipe markers shall include uni- directional and bi- directional arrows in the same size ad the legend. 207 -24.5 INSTALLATION 207 - 24.5.1 Location. Piping shall be provided as shown except to adjustments to avoid interference with structural features and shall be coordinated with electrical installation. 207 - 24.5.2 Takedown Couplings. Takedown couplings shall be screw :unitons and shall be provided as specified. Unless otherwise shown, where piping passes through walls, takedown couplings shall be provided within 3 feet of the wall. 207 - 24.5.3 Pipe Supports. Piping shall be supported by anchor brackets, guides, saddles or hangers as shown on the Drawings. Supports shall be provided at least on each run at each change of direction. Unless otherwise shown or specked, pipe supports shall be hot dip or mechanically galvanized. 207 - 24.5.4 Testing. Upon completion of installation, the Contractor shall test the piping systems as specified herein. Equipment which may be damaged by the testing shall be isolated. Testing shall be performed using calibrated test gauges and calibrated volumetric measuring equipment to determine leakage rates. Each test gauge shall be selected so that the specified test pressure falls within the upper half of the gauge's range. The Contractor shall notify the Engineer prior to each test and shall perform each test in the presence of the Engineer. All piping to be operated under pressure shall be tested with potable water for leakage in accordance with AWWA C600. The leakage test shall be performed with a test pressure of 50 psi for a duration of 120 minutes. Leakage from chemical piping shall be zero. 207 - 24.5.5 Cleaning and Flushing. Piping systems shall be cleaned of all foreign materials following completion of testing and prior to connection to operating equipment, or control and regulating instrumentation. After completion of cleaning, all piping systems shall be flushed with clean water for a minimum period of 15 minutes. The Contractor may, .in order to facilitate the cleaning of sections of buried or exposed piping between isolation valves, pressure test and clean the system prior to connection to the valving. Use of this procedure, however, shall not waive the requirement for a full pressure test of the completed system. 207- 24.5.6 Disinfection. Potable water piping systems and related chemical piping systems shall be flushed and disinfected in accordance with AWWA C601. 207 - 24.5.7 Pipe Coding. After application of the specified painting, exposed piping shall be identified with plastic markers. Legend marks and directional arrows shall be located at each side of the walls, floors and ceilings, at one side of each piece of equipment, at piping intersections, and at not more than 20 -foot intervals. SP -15 All sump defining floats are segmented into individual sections and installed with gaps between them no less than 1' and no longer than 3'. Uniform end to end spacing or gaps between individual floats on either side of a sump shall collectively allow storm water to freely flow between them for 25% of the sump's running length. Float gaps are provided at angular intersections of all defined sump sections. The maximum float length shall be no more than 9'. Buoyancy produced by floats of the weight defined sump system shall be no less than 150% of the net floating cover ballast mass. When the reservoir is full, paired sump floats shall rest at a distance of 3' apart from one anther (long axis to long axis)." 213 -2.1.1 Definitions. Whenever the word "Manufacturer" occurs in these Specifications, it shall mean the company, firm, or corporation which actually manufactures the flexible membrane products required by the work as specified in these Specifications. The word "Fabricator" shall mean the company, firm, or corporation which actually factory seams the cover membrane into large, prefabricated panels in accordance with these Specifications. The word "Installer" shall mean the party responsible for the installation of the reservoir cover, liner strip and ancillary equipment, and for completion of the work as described in this section. 213 -2.1.2 Qualifications. The Contractor (or subcontractor) shall have demonstrated their ability to install a reinforced geomembrane tensioned cover by having previously satisfactorily completed at least three projects of similar scope and complexity. The contractor shall have installed a minimum of two million square feet of scrim reinforced geomenbrane polypropylene floating covers of similar scope and complexity. One million square feet of the aforementioned shall have been of the defined sump style cover. The manufacturer shall have at least ten million square feet of acceptable manufacturing experience with reinforced polypropylene flexible membrane lining and floating cover materials. The fabricatodinstaller shall have fabricated not less than five million square feet of floating cover material into large prefabricated panels using the similar techniques specified herein. The Site Superintendent shall have supervised the installation of not less than two (2) million square feet of reinforced polypropylene floating cover materials. The Master Welder shall have not less than two (2) million square feet of reinforced polypropylene lining and/or floating cover material welding experience. A list of successfully completed projects shall be submitted including current owner contact information in support of the required experience. General contractor and fabricator /installer shall submit the following information to be included with the bid documents: 1. List of References 2. Description of at least three similar projects including project name, location, size, material type, date installed client name, contact information and telephone number. 213 -2.1.3 Submittals. Submit shop drawings (six copies of each), to be submitted twenty one (21) days after notice to proceed in accordance with the General Provisions, including the following: SP -17 Factory fabricated panels shall be given prominent unique indelible identifying markings in accordance with the approved panel layout drawing and shall indicate the proper direction for unrolling or unfolding to facilitate their layout and positioning in the field. Fishmouths, pleats, folds and similar defects will not be permitted in any seams. 213 -2.1.5 Guarantees. The Contractor shall guarantee the entire work constructed by him under the Contract to be free of defects in workmanship for a period of one (1) year following the date of acceptance of the work by the City. The Contractor shall agree to make, at his own expense, any repairs or replacements made necessary by defects in workmanship which become evident within said guarantee period. The Contractor shall make repairs promptly. Vandalism, physical or chemical damage, acts of animals, or earthquakes and other unusual acts of God are excluded. Material defects resulting from the manufacturing process shall be the responsibility of the Manufacturer to have replaced at ifs own expense. The Manufacturer shall provide, through the approved Fabricator or Contractor, a written limited warranty on the fabric- reinforced Polypropylene cover materials. The cover membrane material shall be guaranteed in writing by the cover membrane manufacturer on a pro rata basis for a period of 20 years against functional membrane deterioration failure due to ozone, ultraviolet radiation, abnormal discoloration, bird droppings, other - than - normal weather aging. Vandalism, physical or chemical abuse, acts of animals, or earthquakes and other unusual acts of God are excluded. If the City may be forced to effect repairs via other sources due to Contractor un= responsiveness, the Contractor shall be liable to the City for the cost of such repairs and replacements. Defects originating from Manufacturer's raw materials or manufacturing processes shall be remedied at the Manufacturers expense including all related replacement expenses incurred. After the basic one year warranty has expired, an extended warranty shall be provided for two years that covers workmanship for fabrication of the membrane materials by the fabricator and workmanship by the Contractor. The warranty shall include labor and materials cost. As a line item in the bid schedule, the contractor shall provide a cost for performing maintenance of the cover for a 2 year period after project acceptance by the City. The maintenance contract shall consist of monthly repair of any pinholes found during inspection, cleaning and washdown and general maintenance in accordance with the requirements of the California Department of Health Services. 213 -2.1.6 References. American National Standards Institute /American Water Works Association. (ANSI /AWWA) Manuals and Standards: ANSI /AWWA Manual 25 for "Flexible- Membrane Covers and Linings for Potable -Water Reservoirs," Second Edition." 1996. ANSI /AWWA C652 -92 "Standard for Disinfection of Water- Storage Facilities" February 1, 1993. SP -19 L7 M appropriate tensioning for the specific parameters of this reservoir. The acceptable range of tension shall be no less than 0.50 Ibs per linear inch perpendicular to the long axis of the ballast tube. Overall floating cover tension shall be no greater than 3% of the specified minimum tensile strength of the cover membrane's material. The floating cover membrane shall conform to the configuration of the surface of the reservoir when it is empty, substantially without slack or folds or excess wrinkles. The cover membrane shall be installed in a manner so that it will lie substantially flat on the surface of the water when the reservoir is at a full condition. The cover installer shall review the geometry of the reservoir, mixers grill protection structures pipes in the reservoir and verify slack areas over all grill structures Dedicated walkways shall be incorporated on the floating cover to assist personnel onto the floating cover. The dedicated walkways may be limited to the reservoir side slopes steeper than 4 horizontal to 1 vertical. These provisions shall include 5 -foot wide non- slip surface tread. Walkway tread shall be black in color and 80 mils. As a minimum, walkways shall be provided immediately up slope of all rainwater removal pumps access hatches and other equipment located on the floating cover to provide direct access to such equipment. The cover system shall be watertight and attached and sealed to the perimeter curb in such a manner that air cannot enter between the water surface and underside of the cover during windy weather conditions. The cover and chafer strip shall be attached around the perimeter of the reservoir at the locations specified within provided drawing details. The attachment shall utilize appropriately sized and spaced corrosion resistant anchors, corrosion resistant batten bars and a rope hem in the edge of the cover membrane. Where required by curved sections of the perimeter attachment line, the batten bars shall be rolled to the appropriate radius; accommodating such sections with a multitude of short straight batten bar sections is not acceptable. 213 - 2.2.1.1 Access Hatches. The cover shall be fitted with access hatches as shown on the plans. Access hatches shall have the following features: They shall be physically attached with 316 stainless steel fasteners to an 8 -inch thick float pad extending at least four feet from the front edge of the hatch and at least two feet in all directions from the other three inside edges of the hatch. Net buoyancy shall be not less than 2,000 Ibs. The contact surfaces between the hatch frame and lid shall be gasketed to prevent insect entry with screened vent assemblies incorporated in the lid. The float pad shall be encased in the float encasement membrane specified and bonded to the bottom side of the cover. The hatch assemblies shall be made of aluminum. The hatches shall have a nominal opening size of 36 by 36 inches and shall extend eight inches above the surface of the float. The access hatches for the mixers shall be 48 by 48 inches. Two vacuum breaker hatches are shown on the plans at the reservoir inlettoutlet and overflow. All central cover hatches shall be provided with f5 foot wide access walkway strips, leading from the closest point on the perimeter of the cover to the hatch. Provision for venting air from the perimeter of hatch floats with integrated air vents as shown on the drawings shall be provided in accordance with AWWA Cal /Nev Guidelines. All hatch lids shall be lockable to prevent unauthorized entry or exposure to the public water supply. SP -21 quality ingredients, suitably compounded, of which polypropylene is the principal resin. Polypropylene shall be manufactured from a thermoplastic olefin resin which consists solely of ethylene - polypropylene and propylene combined together -in a high pressure reactor process. The geomembrane shall contain no plasticizers, fillers, chemical additive, reclaimed polymers or extenders. A carbon black UV inhibitor shall be added to the resin for ultraviolet resistance. Up to 3 percent total of anti - oxidants and heat stabilizers may be added if required by manufacturing. Zinc compounds of any kind, including zinc oxide, zinc stearate, and zinc dusting agents, are prohibited. Dusting agents of any kind are prohibited on the finished product. Fillers and necessary processing aids can be whatever is deemed proper to facilitate processing the compound: The finished compound shall be the black color specified for the top, exposed ply; the bottom plies shall also be black in color. The finished compound shall be certified in writing by the manufacturer to have the following property values presented in Table 213- 2.2.2.1: TABLE 213 - 2.2.2.1 Typical Property Test Method Test Values Specific Gravity ASTM D 792 0.90 +/- 0.03 Tensile strength ASTM D 638 900 psi min. Elongation at break average ASTM D 638 500% min. Water absorption ASTM D 471 (7 days at 70:F) Less than 1 % @ 76 deg F, 7 days. Tear strength ASTM D 1004 20 Ibs Ozone resistance ASTM D 1149 (3 ppm at 30% strain at 104 F 72 hours) No effect Environmental Stress Crack Resistance ASTM D 1693 Method B 3,000 hrs, no effect UV resistance ASTM G 26, G 155 Xenon Arc method 12,000 hrs, no effect 213 - 2.2.2.2 Fabric Reinforcement. The fabric reinforcing scrim shall be either 9 by 9 with weft insertion, or 10 by 10, 1000 denier polyester with yam strands having a twist of 2 to 2 %2 turns per inch in the fill direction. The reinforcing scrim shall create an open type weave that permits strike through of the polypropylene. 213 - 2.2.2.3 Composite Cover Membrane Material. The cover membrane material shall consist of a composite, thoroughly laminated and bonded, scrim fabric- reinforced polypropylene synthetic polymer sheeting and be nominal 60- mils thick, 3 ply membrane consisting of 2 plies of polymer compound and 1 ply of scrim. The 60 mil shall be split 40% top and 60% bottom, with the top layer over the scrim at a nominal 24 mils. The chafer strip shall be 45 mils thick with a balanced scrim (50% split). The chafer strip shall also be a 3 ply membrane with a balanced scrim. It shall be manufactured by either the calendaring or extrusion processes and shall be SP -23 213- 2.2.2.4 Floats. Floats including ancillary floats used with vents and hatches, etc. shall be flexi -rigid closed -cell polyethylene foam weighing approximately 2.3 pounds per cubic foot and shall be fully encased in .a purpose fabricated float encasement membrane of polypropylene. Floats shall be Ethafoam 220 by Dow Chemical Company or approved equal. All rectangular floats on the cover will be chamfered to approximately 45 degrees at the ends thereof. Pre - manufactured pockets shall be of un- reinforced polypropylene geomembrane of the same color as the cover parent material, shall be made of the same resin compound as the cover material, shall be of a type or types provided or recommended by the manufacturer of the cover material. Minimum thickness of unreinforced float wrap material shall be 125 mil. All float materials used in cover vent, access path and hatch floatation details shall be membrane encapsulated. The float encasement membrane shall be the same material as used for the cover membrane. The top ply shall be the same color as the cover membrane. 213 - 2.2.2.5 Anchor Bolts for Above Water Attachments.Anchor bolts shall be set using the Hilti Hit - Doweling C -100 System or approved equal. Anchor bolts shall be installed as shown on the drawings. Anchor bolts, and washers shall be Type 316 stainless steel. Nylon isolation washers shall be used between the anchor bolts, etc., and the anchor bar to prevent galvanic action. 213 - 2.2.2.6 Anchor Bolts for Below Water Attachments. Anchor bolts shall be set using the Hilti Hit - Doweling C -100 System or approved equal. Anchor bolts shall be 3/8 -inch diameter; bolt length and spacing is per plans. Anchor bolts, nuts and washers shall be Type 316 stainless steel and NSF 61 certified for potable water use. 213 -2.2.3 Submersible Rainwater Sump Pumps. Six submersible rainwater sump pumps each with a rated capacity of 300 gpm at the reservoir's lowest point when empty, shall be provided. The submersible pumps shall be a 6 horsepower, minimum, as manufactured by Gorman Rupp, Model S31365 -E6 or approved equal. The submersible pumps shall be stainless steel materials and located in the Rainwater Collection Sump Assemblies as shown on the plans. All pump motors shall operate on 460 volts, 60 Hz three -phase service. The pumps shall be complete with a control panel in a NEMA 4X weather tight engineered thermoplastic outdoor enclosure. Panel shall provide red run lights and green power lights and a reset button mounted on the control panel enclosure cover. Stain reliefs shall be provided at the cable entry into the pump. The pumps shall operate manually or automatically from a control panel mounted near the perimeter of the reservoir. The automatic control system shall include cycling controls, and a selector switch mounted on the control panel enclosure cover. The pump control system shall provide on /off and manual or automatic operation. Automatic operation, when activated by a self contained float switch, shall cause the pumps to run, pumping off rainwater, until they run dry. When they run dry, the control circuitry shall sense the attendant reduced amperage draw of the pump motors. The pumps shall be controlled by solid -state electronic current monitors, which automatically deactivates its output SP -25 theoretical capacity, with clean, dry even graded sand having 100% passing a No. 12 screen; 98% minimum retained on a No.16 screen and less than 2% passing a greater than No.16 screen. Evidence of properly filled sand tubes shall be demonstrated by a semi rigid state when sealed. The ends of sandtubes should be seamed closed; folded back, and seamed to the sandtube. Before installation, they shall be punctured with a sharp pointed probe not less than 1 foot on center, to allow contained sand to become saturated in use. 213- 2.2.3.5 Flexible Pipe. Flexible pipe used in the RCTs shall be corrugated perforated polyethylene in accordance with ASTM F405. Flexible pipe fittings shall be snap style and in accordance with ASTM F405. Drilled holes shown on the plans are in addition to the manufacturer's perforations. All drilled holes shall be deburred, fillings removed and sharp edges softened. Interior of the pipe shall be cleaned of all cuttings. 213 -2.3 EXECUTION. . 213 -2.3.1 Cover and Chafer Factory Fabrication. Prior to the start of the work, certification from the Manufacturer shall be submitted that the fabric- reinforced polymer materials are in full compliance with the physical properties specified in this specification. Individual calendered or extruded roll widths of fabric- reinforced polypropylene sheet shall. be factory fabricated into optimum sized panels by an experienced Fabricator customarily engaged in such work. Fabrication of the polypropylene roll stock into optimum sized panels shall use seaming procedures as shown on the drawings. 2. Factory fabricated cover panels shall be a minimum of 29 -feet wide and be rolled up onto a continuous 6 -inch diameter core without folds or wrinkles parallel with the machine direction of the calendered or extruded strips. "Accordion" folding the panels shall not be acceptable. 3. Factory fabricated chafer panels shall measure no less than 48 -feet in width and shall be folded inward from each side and rolled -up onto 6 -inch cores. 4. All patches shall be cut from flat, unwrinkled, fresh material, and shall be free from defects, field or factory seams. They shall have rounded comers, approximately one -inch minimum in radius, and extend a minimum of 3 -inch in all directions beyond the limits of any flaw. 5. All sheets and seams shall be visually inspected during fabrication for compliance with the foregoing and all indicated repairs shall be made by the cover fabricator before the panels are packaged for shipment. 6. In addition to the visual inspection, all seams shall be air lance tested using an air nozzle directed on the seam upper edge and surface to detect loose edges, riffles indicating un- bonded areas within the seam, or other undesirable seam conditions. Use a minimum of 80 psig supply (as SP -27 213- 2.3.1.1 Factory Fabrication Seam Testing Requirements. Samples shall not normally be taken from within the panel being fabricated, but -shall be from a "representative" 4 -foot seam sample made with material from the roll being fabricated. Representative factory seam samples are defined as samples made within a 5 minute period prior to the start of a factory seam, between strips of the same material, with the same seaming equipment, process and control settings. Seam samples may be taken from the actual fabricated seams at the discretion of the Q. C. Manager if in his judgment such testing of an actual seam is required to verify adequate seam quality. If a failure occurs, adjustments in the seaming machine operation settings shall be made and a new "representative" 4 -foot seam test sample shall be produced, then all three Peel Test samples shall be tested from that new "representative" seam test sample. This process shall be repeated until the test results are "passing ", at which time the production seaming can be resumed. "Passing" tests are required before production seaming can take place. . The frequency of testing shall be as follows: A. First seam on each machine at the start of each shift. B. First seam on each machine after lunch break. C. First seam from each new roll being fabricated. D. Not less than once every four hours (on average) of production of each machine. The 4 -foot seam test samples shall be cut at quarter points (a total of three places in each 48 inch sample) and tested for Factory Seam Strength and Peel Adhesion. Provide 3 samples for each test. 213 -2.3.2 Cover and Chafer Installation. Prior to installation of the polypropylene cover and chafer by the contractor, the area to be covered shall be cleaned and free of any objects by the contractor. Only those prefabricated panels that can be anchored and /or seamed together the same day shall be unpacked and placed in position. Prior to placement of each individual sheet of the polypropylene, the area to be covered shall be cleaned by the Contractor of all foreign matter that could damage the chafer or cover during and after installation. All panels shall be installed free of slack and/or wrinkles. After initial positioning and spreading, all panels shall be re- tensioned during installation by the crew installing the panels in a manner to remove all possible slack and wrinkles. All repositioning shall be done prior to attachment onto anchor bolts. 2. Unrolling and moving the polypropylene sheets shall not be carried out when ambient temperature is below 40 degrees F. The panels shall be temporarily held in place during installation with plastic lined sandbags to protect it from damage or displacement due to wind action. Sandbags that are losing their contents shall be removed from the reservoir and any spilled sand shall be immediately cleaned up. 3. Under no circumstances shall the chafer or cover be subjected to materials, sandbags, equipment or other items being dragged across its surface. Nor shall workmen and others slide down slopes atop the chafer or cover. All scuffed surfaces resulting from abuse of any kind caused by SP -29 • • that no loose edge is present on either side of the cover; however, an unbonded flap on the bottom side of the seam is acceptable for the cover. All cover panel field seams shall result in a full bonded top side with a scrim -over -scrim lap of two inches minimum. 9. Extreme care shall be taken throughout the field seaming process to avoid fish mouths, folds and tucks. Any seam areas requiring patching shall be properly executed. 10. Field seams shall not have any loose top edges. 11. After hand welding the top flap to the cover, the seam shall be further aggressively inspected using a probe (such as a cotter pin puller as sold by Sears). 12. After the probe inspection, the cut scrim edges (if any) shall be completely sealed with via extrusion weld capping. 13. Trimming -off the top un- bonded flap in lieu of hand welding it down as described above is not acceptable. 14. Ends of field seams shall be trimmed off to be samples for testing by Contractor. Contractor shall use the vice grip peel test, tensiometer sheer test and tensiometer peel test. 15. Wherever two or more thicknesses of cover sheet material occur, such as where a factory or field seam is bonded to another layer of sheet material (T -seam with 3 layers) creating a potential small leak path, it shall be sealed. The upper layer shall be heated and rolled to conform or "step - down" and seal the leak path. In addition, the area shall be covered with a 30 mil unreinforced polypropylene patch. The center of the patch shall be placed at the intersection of the edges of the top and middle layers of the membrane. 16. Extrusion welding shall be limited to patching, and detail areas not practically accessible by wedge - welding equipment. Extrusion welds shall not be used as structural welds but to cover exposed scrim and sealing leak paths and T- joints. The application of an extrusion weld bead as shown on the drawings at the highest point is required at all topside cover areas where seam or patch overlaps have a cut scrim edge exposed. Extrusion welding shall be used to seal off potential leak paths where multiple layers of cover material are overlapping and exposed on the topside of the cover. Extrusion rod shall be made of the same resin compound as the cover material and shall be of a type or types provided or recommended by the manufacturer of the cover material. The extrusion welds shall be pre - tested on separate sheets of cover material each time the extrusion welding equipment is turned on just prior to the commencement of welding. Film tear bonds must be achieved prior to welding the membrane material. All patches and seam edges must be tightly bonded by wedge or hot air welding prior to the application of SP -31 3. Make one sample at the restart of each new roll of calendered material. 4. Make one sample at the start of each new panel for each seaming machine in use for that panel. 5. Make additional random samples, if required, so that, in total, samples shall be taken in a ratio of one sample per average 5,000 lineal feet of seam production. From every representative sample prepared for testing to comply with this Specification, a minimum total of 10 test coupons shall be cut as follows: 2 coupons, 1 -inch x 7- inches, for dead weight peel test 2 coupons to comply with requirements for bonded seam strength test in accordance with ASTM D751 (modified) 3 coupons 1 -inch x 7- inches for seam peel strength test per ASTM D413 Machine Method Type A 3 coupons 1 -inch x 7- inches for seam shear test The fabricator shall have the dead weight peel test coupons from each sample, and the bonded seam strength coupons that are sampled, tested by a testing facility/laboratory (which may be the fabricator's) approved by the City's representative. All tests shall be documented in the fabricator's quality control records. Failure of any representative factory seam sample to pass the dead weight peel adhesion test of the elevated temperature seam test, or to meet the minimum bonded seam strengths will be cause for rejection of the seams represented by the sample (i.e., made during the same shift and with the same machine). This shall require additional testing and inspection to define and isolate the unsatisfactory seams. Repairs or replacement of unsatisfactory seams shall be to the satisfaction of the City's representative at the Contractor's expense. If the City's representative suspects that the seam quality is unsatisfactory, he may direct the fabricator to take samples from the actual fabricated seams in the panels. the hole produced shall be repaired by an overlap patch in accordance with Specifications and such repairs shall be deemed to be included in the contract sum. If requested by the City's representative, the Contractor shall cut out a portion of each representative sample not less than eight inches in length (of seam) for retention by the City. Each portion shall be labeled with the same sample number from which it was cut. Provision of such portions shall be deemed to be included in the contract sum. 213 - 2.3.3.2 Tensiometer Peel Strength Test Peel adhesion shall be tested in accordance with ASTM D413 as modified in Appendix A of NSF -54 and shall provide a "film tearing bond" when tested. The tensiometer peel test provides a numerical value for the peel strength achieved. If there is a failure of a test sample, all three Peel Adhesion test samples need be tested in the test machine. If a failure occurs, adjustments in the seaming machine operation settings shall be made and a new "representative" 4 -foot seam test sample shall be produced, then all three Peel SP -33 700% probe and air lance shop seams 100% probe and air lance filed seams 100% probe and air lance shop seams in field after panel is deployed. 1. If a test failure results from a test of a sample cut from an actual production seam, the low bond area shall be cap- stripped with a 6 -inch cap strip covering the low bond area and extending 6- inches into acceptable seam at each end. The repaired area shall be re- tested and repaired as needed until minimum acceptable values are reached. Alternatively, the low bond seam may be cut from panel, and a new seam made. 2. Seam sample cutouts shall be repaired to standard specifications, and shall be full bonded with an over -lay patch of the same membrane extending at least 3- inches in all directions beyond the cutout area. Patch edges shall extrusion welded as described herein for their full perimeter. 3. All seams, splices and patches shall be 100% air -lanced tested using an air nozzle directed on the seam upper edge and surface to detect loose edges, riffles indicating un- bonded areas within the seam, or other undesirable seam conditions. Use a minimum of 60 psi continuous supply (as measured at the end of the supply hose) through a 1/16 -inch to 3/16 -inch nozzle held not more than 1 -1/2 -inch from the exposed top edge of the seam and performed as soon as judged practical by the Fabricator. 4. Inspection for un- bonded bottom -side flaps of the floating cover panels shall be made by folding back approximately 2 -3 feet of both of the ends of the fabricated panel and air lancing or probe inspection the bottom side edges of the thus exposed, completed seams. Any evidence of an un- bonded bottom -side flap at the ends of the panel shall be bonded down by hot air welding. If there is no evidence of an un- bonded bottom -side flap at the ends of the panel, it shall be assumed /accepted that the seam in question is acceptable in this regard. 213 - 2.3.3.6 On -Site Cover Seam Inspection. All field polypropylene seams, splices, patches, penetrations, shrouds shall be visually and physically inspected and checked initially by the Contractor with a metal probe (such as a cotter pin puller as sold by Sears). The City /Engineer may also make such inspections as he deems :necessary. During this inspection the inspector shall be looking for such flaws or indications of poor or questionable seams as fish mouth voids running across the seam, large blister type un- bonded areas within the seam, loose top edges or un- bonded areas or poor bonds (easily separated by hand or probe). To achieve a satisfactory level of inspection, it is necessary that the Contractor proceed slowly, actually feeling and gently manipulating the seam with his hands to determine the presence of the listed flaws. Each morning, before commencement of field operations, the Contractor shall physically test, by attempting to peel apart the ends of the previous SP -35 0 • Chlorine shall be added to the reservoir by the methods described in AWWA Sec. 4.1.1, Sec. 4.1.2, or Sec. 4.1.3. A 50 -mg/I chlorine solution shall be added to approximately 100 acre -feet of water in the reservoir as the primary disinfection method. The reservoir will then be filled to 550 acre -feet with water and the storage facility to dilute the chlorine concentration and held full for. 24 hour period. A free chlorine residual of not less than two mg /I shall be maintained for the 24 hour period. Bacteriological tests shall be performed on the water following the 24 hour retention period. If all of the bacteriological test results are negative, and the free chlorine residual is less than 2 mg /l, the water may be placed into the City s distribution system. Water for disinfection of the reservoir and water quality testing shall be provided by the City at no cost to the Contractor. After disinfection of the reservoir and cover, the Contractor shall institute commissioning of the cover with the City. Once the reservoir has been filled, the Contractor shall check the operation of the cover for function, fit and finish. The Contractor shall perform a test of the cover drainage system. All tensioning hardware and assemblies shall be checked for proper function. The reservoir cover shall be checked for proper fitting, alignment and points of stress. Any adjustments are to be made by the Contractor at this time. 213 -2.3.7 Operations and Maintenance Manuals. The Contractor shall provide to the Engineer six (6) bound copies of detailed operation and maintenance manuals which shall include, but not be limited to cleaning, draining the cover, routine and emergency measures, repairs, renewal parts and inflation/deflation procedures, rainwater sump pump operation and maintenance. Included shall be safety instructions, equipment and procedures for men working on and under the cover, whether inflated or not. The manual shall also include names and addresses of the major equipment supply /service firms. The contractor shall also provide 8 hours of training to City staff in the basic repairs and maintenance of the cover. 213 -2.3.8 Warranty Inspection. Twelve months after completion and acceptance of the work, Contractor shall return to the site for the purpose of jointly inspecting the work with the City. All items needing adjustment or repair shall then be noted and shall be immediately corrected by the Contractor. 213 -2.3.9 Maintenance Contract Following completion of construction and acceptance by the City, the contractor shall provide a 2 year maintenance contract for the floating cover. The maintenance contract shall consist of a monthly site visit, walking the cover, performing monthly repairs of any pinholes encountered in the floating cover, removal of trash or debris on the cover, cleaning the cover, investigate and mitigate any standing water, obstructions of air vents. SECTION 215 --- MIXING EQUIPMENT 215 -1 GENERAL. This section includes the specifications of the reservoir mixing system including submersible mixers, control panel, jet ring and slide rail assemblies. 215 -1.1 Definitions. Whenever the word "Manufacturer' occurs in these Specifications, it shall mean the company, firm, or corporation which actually SP -37 The mixers shall be installed along the slope of the reservoir of a minimum of 4 feet above the reservoir floor elevation. The reservoir depth is approximately 40 feet to the high water level. The total volume is around 200 million gallons. The purpose of the mixers is to keep the contents of the reservoir mixed and eliminate °dead spots ". The mixer will also disperse sodium hypochlorite solution to the reservoir. The mixers shall be capable of running continuous duty, 24 hours per day, 7 days per week. However, the normal operations may be less than that period. For each mixer, the manufacturer shall provide a slide rail assembly and trolley with wheels to facilitate removal and reinstallation of the mixer through the floating cover access hatch. The mixers will be placed in a potable water reservoir that will be disinfected with sodium hypochlorite and ammonia solution in concentrations up to 4 mg /I during normal operations. The temperature of the water is expected to vary seasonally and range from approximately 55 degrees to 80 degrees F. 215 -2.2 Materials. Mixers, motor housing, and components shall be 316 stainless steel. A three blade, 316 stainless steel impeller shall be provided for each mixer. The drive unit and shaft shall be 316 stainless steel. .215 -2.3 Equipment. The cable entry shall consist of two compressible elastomer bushings to seal off motor area and relieve strain on the cable. Single sealing systems are not acceptable. The junction box shall be completely sealed off from surrounding liquid and stator casing via a terminal board and an O -ring. A squirrel cage motor, 460V, 3 phase induction, NEMA B rating shall be supplied. Motor insulation shall be class F which will resist a temperature of 311 degrees F. The .motor shall be rated for continuous duty and capable of sustaining a maximum of 10 starts per hour. Bearings shall be of a preloaded design and rated in excess of 100,000 hours of operation (B 10 rated life). Shaft shall be supported by a single row of angular contact ball bearing and single row cylindrical roller bearings plus a heave duty single row angular contact ball bearing on the proper side. Motor shaft and rotor shall be of a single integral unit. Shaft shall be completely isolated and shall not come into contact with the media being mixed. Thermal sensors shall be used to monitor stator temperatures. The stator shall be equipped with three thermal switches embedded in the end coils of the stator winding and set for 260 degrees F. These shall be used in conjunction with the external motor overload protection and wired to the control panel. SP -39 SECTION 216 —FRP CHEMICAL STORAGE TANKS 216-1 GENERAL. This section specifies the fiberglass reinforced plastic (FRP) tanks for storage of sodium hypochlorite solution. The tanks to be furnished under this section include SH Storage Tanks 1 and 2 as shown on the Drawings. . 216 -1.1 Type. The chemical storage tanks to be furnished under this section shall be closed top, vertical, cylindrical FRP tanks. The tanks shall be of filament wound construction. Tanks fabricated by hand lay -up or contact molded methods will not be accepted. 216 -1.2 Manufacturer's Qualifications. The Contractor shall cause the tanks to be supplied by a manufacturer who has manufactured FRP tanks that have been used at outdoor installations, under environmental conditions similar to this project, for concentrated sodium hypochlorite service, for six or more consecutive years without failure. The manufacturer shall provide the Engineer with a list of users and locations for not less than five installations as described above with equal or greater capacity. Manufacturer shall be Xerxes Corporations, Tankinetics, Inc. or equal. 216 -1.3 Submittals. In accordance with the General Provisions, submit information and shop drawings to show compliance with the requirements as shown and specified. Information to be submitted shall include but are not limited to the following: 1. Name and qualifications of manufacturer 2. Seismic and wind loading and restraint calculations stamped by a structural engineer registered in the State of California 3. Dimensions including anchor bolts layouts 4. Nozzle schedule, including size, thickness and rating 5. Details of all clips and lugs for ladders, stairs, platforms, hold down lugs, pipe brackets,. as integral parts of the tank. Pipe supports shall be spaced maximum 5 -foot on centers 6. Details of structural support members 7. Effective storage capacity 8. Tank weight, empty and filled with sodium hypochlorite 9. Laminate sequence of construction and listing of all materials of construction 10. Description of all bolting, gaskets and accessory items 216 -1.4 Warranty. In addition to the warranty specked in the General Provisions, the Contractor shall cause the tank manufacturer to furnish the City with an extended warranty against any defects in materials and workmanship for a period of SP-41 3. The tanks shall be provided with an anchoring system designed to withstand the seismic and wind loadings indicated in the preceding paragraphs. The anchoring system shall be designed by a structural engineer registered in the State of California. 4. design stresses and features shall be in accordance with the provisions of ASTM D3299. 216-3 MATERIAL. 216 -3.1 Resin. Resin shall be a commercial grade, premium, corrosion resistant vinylester that has been evaluated in a laminate by resin manufacturer for sodium hypochlorite service by tests in accordance with ASTM C581. Resin shall contain no pigment, dyes, colorants or filler except as specified herein. Thlxotropic agent up to 4 percent by weight may be added for viscosity control to resin not used for a corrosion barrier. Thixotropic agent added shall not interfere with visual inspection of the laminate. Resin for exterior surface shall contain pigment to reduce ultraviolet decomposition of the sodium hypochlorite solution being stored in the tanks. It shall also contain ultraviolet stabilizers at 5 percent by weight. 216 -3.2 Reinforcing. Chopped strand mat shall consist of commercial grade Type E glass strands bonded together using a binder. The strands shall be treated with a sizing that is chemically compatible with the resin system used. Continuous roving shall be a .commercial grade Type E glass fiber with a sizing that is chemically compatible with the resin system used. Woven roving shall be in accordance with ASTM D2150. Inner and exterior surface mats shall be commercial grade Type C glass fiber saturated with the resin used. 216-4 FABRICATION. 2164.1 Tank Structure. Filament wound fabrication shall be in conformance with ASTM D3299. The tank shell, top head and bottom shall be composed of an inner layer, a structural core layer and an exterior surface as specified herein. The interior surface of the inner layer exposed to the stored sodium hypochlorite solution shall be a corrosion barrier surface. The surface shall be resin rich, smooth, and reinforced with a resin saturated Type C glass veil mat of 10 to 20 mils thick. The corrosion barrier shall be followed with 3 ounces or more per square foot of chopped strand mat and resin in a minimum of two plies. Glass content of this portion of the laminate shall be 25 to 30 percent by weight. The total thickness of the inner layer shall be nominally 100 mils and shall be not less than 90 mils after curing. The thickness and reinforcing of the subsequent structural core layer shall be as required to meet the design and performance requirements specified above. Reinforcing of this layer shall be resin saturated continuous roving. Chopped roving and resin may be sprayed up between winding cycles to enhance resistance to interlaminar shear. The exterior surface shall be at least 15 mils thick and shall be reinforced with a resin saturated Type C glass veil mat. No glass fibers shall be exposed on the outer surface. SP -43 0 0 4. The exterior overlay of the nozzle connection shall be started with a bead of filler material under the first ply. The exterior overlay shall consist of alternate plies of mat (1Y ounces per square foot) and woven roving (24%2 ounces per square yard) to a total of 6 plies. The final ply shall contain 10 mils of Type C glass and resin for protection against the weather. 5. The'interior overlay shall consist of alternative plies of mat and woven roving` to a total of 3 plies. The final ply shall contain a surfacing veil and resin. 6. Overlay widths for nozzle connections shall be as follows: Nozzle Size, Di, Di', Do, inches inches Inches inches 2 1 3 2 3 1 Y2 3 21/2 4 and larger 2 3 3 Di =width of interior overlay measured along the nozzle neck from the inside tank wall Di' = width of interior overlay measured along the tank interior wall from the inside nozzle wall Di + Di' = total width of interior overlay Do = total width of the exterior overlay (centered at the connection point of the nozzle with the tank) 216 -4.6 Storage Tank Accessories. Nozzles; openings, manways, ladders and platforms shall be provided as shown on the Drawings. Flanged nozzles shall be as specified in the preceding paragraph. Flange faces shall be flat and true of the nominal diameter. Variation in manway flange thickness shall be within plus or minus 1/16 inch. Variation in all other flanges shall be within plus or minus 1/32 inch. Tolerance in bolt hole locations and in bolt circle diameter shall be within plus or minus 1/16 inch. Side manways shall be provided as shown on the Drawings. Manway covers shall be made by hand lay -up and shall be at least as thick as the mating nozzle flange. Manway covers shall be continuously sealed with Y2 -inch thick sponge gasket. Fasteners shall be either bonded integrally with the manway cover and mating flange or single hold mounted. Drilled holes shall be sealed with three coats of resin around the edges before installation of the fasteners. A ladder with built -in platform shall be provided with each tank as shown on the Drawings. The ladder shall be constructed of fiberglass. The platforms shall have railing on the sides and shall have a safety chain at the rear side that can be latched and unlatched during entry and exit. The ladder shall be firmly affixed to the tank at the top of the tank's sidewall and to the concrete at the base of the ladder. The adder shall meet all applicable OSHA and other safety regulations. SP-45 C1 • be equipped with a pressure and vacuum relief combination valve to protect the tank against excessive pressure and to relief the vacuum generated by the withdrawal of the chemical being stored. 217 -2.2 Design Requirements. All components of the tank shall be designed and fabricated to meet the requirements of the ASME Boiler and Pressure Vessel Code. The structure and anchoring system of the tank shall be designed against the seismic loading for Uniform Building Code, Zone.4. The design requirements for the storage tank and the pressure and vacuum relief valve shall be as follows: Storage Tank Minimum effective storage capacity Nominal dimensions Internal diameter Overall height, not including skirt base Vertical shell height Maximum operating pressure Maximum operating vacuum Pressure and Vacuum Relief Valve Pressure setting Vacuum setting Air flow capacity at 4oz. /sq.in. vacuum 217 -3 STORAGE TANK 250 gallons 30 inches 8 feet 4 inches 7 feet 12 psig 4 oz. /sq. in. 10 psig 2 oz. /sq. in. 6,200 cu. tt./hr. 217 -3.1 Materials. The storage tank shall be constructed of carbon steel with a minimum wall thickness of '/ inch. The pressure and vacuum relief valve shall have cast steel body, Type 316 stainless steel trim, and metal to metal seats. 217 -3.2 Welded Steel Tank. The tank shall be a vertical cylindrical unit with semi - elliptical pressure heads and shall be of welded construction. The tank shall be provided with the fittings and a pressure type of manhole as shown on the drawings. All fittings shall be provided with ANSI 150 -pound flanges. The tank shall have a support skirt with access hand holes and a full flange suitable for anchor bolting. The tank interior shall be protected with two coatings of factory applied, two- component baked marine epoxy. The tank shall bear an ASME stamp, complete with design working pressure, date and place of manufacture. 217 -3.3 Pressure and Vacuum Relief Valve. The valve shall be a pressure and vacuum relief combination valve. Pressure relief shall be by means of a spring loaded pallet and pressure setting shall be adjustable. Vacuum relief shall be by means of a dead weight loaded pallet. Separate air flow ports shall be provided for pressure and vacuum relief. The valve shall have an ANSI 150 -pound mounting flange. The unit shall be Varec, Figure No. 481, or equal. SP -47 218-2 PERFORMANCE REQUIREMENTS AND OPERATING CONDITIONS 218 -2.1 Performance Requirements. The metering pumps shall be .suitable for metering commercial sodium hypochlorite solution with concentrations that vary from 5.25 to 12.5 percent and unit weight that varies from 5.25 to 10.4 pounds per gallon. The performance ratings for the metering pumps shall be as follows: Maximum Discharge Strokes Metering Point of Delivery Pressure Per Pump No. Chemical Application Rate, gph Capacity, Minute psig SH -1 Reservoir influent line 38.0 100 87 SH -2 Reservoir influent line 38.0 100 87 SH -3 Reservoir effluent line 69.7 100 156 SH -4 Reservoir 69.7 100 156 mixing/effluent SH -5 Reservoir mixing point 69.7 100 156 Each metering pump shall be capable of a tum -down ratio from the capacity ratings listed above of 100 to 1 through a combination of stroke length and stroke frequency adjustment. Repeatability throughout the range shall be 2 percent or better. 218 -2.2 Operating Conditions. As specified above and as shown on the Drawings, metering pump SH -5 will be used to delivery sodium hypochlorite solution to the four mixing points in the reservoir. The starting and stopping of this unit will be controlled by either chlorine residual analyzer AE -2 or AE -3 which monitors the chlorine residual of the reservoir content. The operating chemical injection rate will be at a manually selected level and the metering pump will operate at a constant speed. The purpose of this operation is to maintain a chlorine residual of 2.5 mg /L in the reservoir Metering pump SH -3 will be used to delivery sodium hypochlorite solution to the reservoir effluent line. The operation of this unit will be controlled by A 4 to 20 mA signal from a programmable controller (PLC) as shown and specified. Th@ chemical injection rate will be modulated to maintain the reservoir effluent - chlorine residual at 2.5 mg/L. Metering pump SH-4 will be used as the standby unit for either metering pump SH -3 or SH -5. Hence, the operating conditions for this unit will be the same as that of either metering pump SH -3 or SH -5, depending on which unit has failed. Metering pumps SH -1 and SH -2 will be used to deliver sodium hypochlorite solution to the reservoir's influent line, one as the duty unit and the other as the standby unit. The starting and stop of the duty unit and its chemical injection rate will be controlled by a 4 to 20 mA signal from a PLC as shown and specified to maintain the chlorine residual in the reservoir influent line at 2.5 mg /L SP-49 218 -3.5 Control Panel. Each metering pump shall be fumished with a separate, free standing control panel for mounting as shown on the Drawings. In addition to the requirements specified in this section, the control panel shall meet the applicable requirements set forth in the electrical and instrumentation sections of these specifications. The control panel enclosure shall be NEMA 4. The control panel shall house the SCR drive system for control of the pump motor and stroking frequency. The system shall be designed for operation with a 120 -volt, single phase A.C. power supply and shall include an transformer for power supply to the pump motor. In the automatic operation mode, the SCR system shall be capable of receiving an external 4 to 20 mA signal and control the pump motor speed, as measured by the motor's tachometer, in proportion to the 4 to 20 mA signal. In the manual operation mode, the SCR system shall control the pump motor speed in proportion to the manually selected rate setting. The control panel of each metering pump shall have an on /off switch, a manuallextemal switch and a membrane keypad and digital display spannable to shown motor RPM, percent output or flow rate. The control panel shall also have provisions for stopping the pump at loss of discharge flow, high discharge pressure, supply power failure or other fault conditions and annunciating the pump failure at the digital display. In the event of the primary diaphragm rupturing as specified above, the diaphragm failure shall also be annunciated at the digital display. The control panel shall include relays and provisions to transmit the various pump operation status and fault conditions specified above to a remote location. 218 -3.6 Accessories. Each metering pump shall be furnished with the following accessories: A flow monitor at its discharge piping. Upon loss of flow after the pump has started; the monitor shall cause the pump to stop through the pump's control system as specified above. 2. A pressure relief valve and a backpressure valve at its discharge piping as shown. The valves shall be PVC spring loaded diaphragm valves. The valve body shall be PVC, the diaphragm shall be elastomer that is resistant to corrosion by the chemical being pumped, and all wetted parts shall be made of corrosion resistant materials. The valves shall be compatible with the associated chemical metering pump. 3. A calibration chamber at its suction piping as shown. The unit shall be of clear acrylic and PVC construction, with clear graduations, threaded connection for overflow piping, and a minimum of 4,500 cubic centimeters. Calibration chambers shall be Indico Model 8500 as manufactured by Valcom Inc., or equal. 4. A pulsation dampener at its discharge piping as shown. The unit shall consist of two chambers separated by an elastomeric diaphragm. The lower chamber shall be wetted by the chemical being pumped and the upper chamber shall be filled with compressed air. SP -51 SECTION 219 -- SOLENOID ACTUATED DIAPHRAGM METERING PUMPS 219 -1 GENERAL. This section specifies the solenoid actuated diaphragm pumps for pumping aqueous ammonia. The metering pumps to be furnished under this section include the metering pumps AM -1 through AM-44 as shown on the Drawings. .219-1.1 Type. The metering pumps shall be microprocessor - controlled, simplex, solenoid driven, reciprocating, diaphragm pumps. The units shall be the Gamma Series as manufactured by ProMinent Fluid Controls, Inc., or equal. 219 -1.2 Unit Responsibility. All solenoid actuated diaphragm metering pumps specified under this section and all mechanically actuated diaphragm metering specified in another section shall be the products of a single manufacturer. All metering pumps of the same type and capacity shall be identical units. To meet these requirements, the Contractor shall assign the unit responsibility to the pump manufacturer for the equipment specified herein. 219 -1.3 Submittals. In accordance with the General Provisions, submit information and shop drawings to show compliance with the requirements as shown and specified. Information to be submitted shall include but are not limited to the following: 1. Manufacturers information for pump and accessories in sufficient detail to determine compliance with these specifications 2. Factory certification of pump performance for specified applications, including pumping heads and capacities versus pump stroke frequencies at full stroke length and the stroke length to meet the ratings specified herein 3. Manufacturers recommended storage, installation and start-up procedures 4. Technical data and shop drawings for the pump control panels as specified in the electrical sections of these specifications. 5. Operation and maintenance manual 219 -1.4 Warranty. In addition to the warranty specified in the General Provisions, the Contractor shall cause the metering pump manufacturer to furnish the City with an extended warranty against any defects in materials and workmanship. This warranty shall be for a period of 1 year on the pump head and 2 years on the pump drive. If the equipment should exhibit any defects during the warranty period, the manufacturer shall repair or replace the units at no cost to the City. 219 -2 PERFORMANCE REQUIREMENTS AND OPERATING CONDITIONS 219 -2.1 Performance Requirements. The metering pumps shall be suitable for metering commercial aqueous ammonia with concentrations that vary from 20 to 30 percent and unit weight that varies from 7.4 to 7.7 pounds per gallon. Each pump shall have a rated capacity of 4.6 gallons per hour at a discharge pressure of 50 psig and a stroking frequency of 120 strokes per minute. Each metering pump shall be capable of a turndown ratio from the capacity ratings listed above of 100 to 1 through a SP -53 an air gap and permit the chemical to drain out of the metering pump in the event of diaphragm rupture. In addition, an elastomer shaft wiper seal shall be provided to prevent contamination of the solenoid if the diaphragm should fail. The stroking length shall be infinitely adjustable between 0 to 100 percent by means of a manual adjustment knob at the exterior of the pump drive housing. 219 -3.4 Pump Control. The microprocessor and the pump control system shall be located in a control compartment which is an integral part of the pump drive housing. The control system shall be complete with touch key pads and a backlit LCD display. The microprocessor shall be operable with 120 -volt, 60 Hertz, single phase, A. C. power supply. The unit shall be capable of compensating for supply voltage variations within 15 percent of the rated voltage without impacting the control of the pump's stroking frequency. The microprocessor shall also stop the pump at loss of discharge flow, high discharge pressure, supply power failure or other fault conditions, and annunciates the pump failure at the LCD display. The control systems for the metering pumps shall have the necessary provisions to accept an external analog signal of 4 to 20 mA and control the stroke frequency in proportion to the signal. The pump shall allow setting of a maximum stroke rate to correspond to the maximum analog signal, with stroking rate proportional to signal strength below that rate. External analog -to- digital converters shall not be used. The control system for each metering pump shall have a SPDT relay for remote annunciation of any fault condition that stops the pump. 219 -3.5 Accessories. Each metering pump shall be furnished with the following accessories: 1. A flow monitor at its discharge piping. Upon loss of flow after the pump has started, the monitor shall cause the pump to stop through the pump's control system as specified above. 2. A pressure relief valve and a backpressure valve at its discharge piping as shown. The valves shall be PVC spring loaded diaphragm valves. The valve body shall be PVC; the diaphragm shall be elastomer that is resistant to corrosion by the chemical being pumped, and all wetted parts shall be made of corrosion resistant materials. The valves shall be compatible with the associated chemical metering pump. 3. A calibration chamber at its suction piping as shown. The unit shall be of clear acrylic and PVC construction, with clear graduations, threaded connection for overflow piping, and a minimum of 4,500 cubic centimeters. Calibration chambers shall be Indico Model 8500 as manufactured by Valcom Inc., or equal. 4. A pulsation dampener at its discharge piping as shown. The unit shall consist of two chambers separated by an elastomeric diaphragm. The lower chamber shall be wetted by the chemical being pumped and the upper chamber shall be filled with compressed air. SP -55 SECTION 220 — CHLORINE AND AMMONIA ANALYZERS 220 -1 GENERAL. This section specifies the ammonia and chlorine residual analyzers. The units specified under this section include the following: • New ammonia analyzers AEAB and AEAD to be located in the reservoir valving room at the basement of the existing Control Building • New chlorine residual analyzer AEAC also to be located in the reservoir valving room at the basement of the existing Control Building • Existing chlorine residual analyzer AE -1 A in the reservoir valving room at the basement of the existing Control Building • New chlorine residual analyzers AE -2 and AE -3 to be located at the chlorine residual monitoring station at the reservoir. 220 -1.1 Type. Ammonia analyzers shall be microprocessor -based units, using a modified Phenate method to colorimetrically monitor total ammonia, free ammonia and monochloramine. The unit shall be APA 6000 as manufactured by the Hach Company, no equal. Chlorine residual analyzers shall be colorimetric analyzers, using EPA accepted DPD method to measure free or total chlorine residual. The units shall be CL 17 as manufactured by the Hach Company, no equal. The existing analyzer, AE -1 C is a Hach CL 17. 220 -1.2 Submittals. In accordance with the General Provisions, submit information and shop drawings to show compliance with the requirements as shown and specified. Information to be submitted shall include but are not limited to the following: 1. Manufacturer's information for the analyzers and accessories in sufficient detail to determine compliance with these specifications 2. Shop drawings and cut sheets showing the construction of the analyzers and list of materials 3. Piping diagrams and installation instructions 4. Instrumentation and control diagrams 5. Wiring and installation diagrams and installation instructions 6. Manufacturers recommended storage, installation and start-up procedures 7. Manufacturer's recommended calibration procedures 8. Operation and maintenance manuals SP -57 0 0 220 -3.1.4 Analyzer Output. Each analyzer shall have tow user - selectable recorder /controller outputs of 4 to 20 mA, with expansion capability up to 14. Recorder output span shall be user - adjustable over the entire span of the analyzer. Two. unpowered SPDT relays, also with expansion capability up of 14, shall be provided for internal alarms. The relay contacts shall be rated for 5A resistive load at 230 VAC. Alarms shall be programmable for sample concentration alarms, analyzer systems warning and analyzer system shutdown. 220 -3.2 Chlorine Residual Analyzers 220 -3.2.1 General. Chlorine residual analyzers shall be designed for operation with a 120 -volt, single phase, power supply. The unit shall meet UL, CSA and CE safety standards. 220 -3.2.2 Unit Housing. The analyzer instruments shall be housed in an IP62 rated, ABS plastic enclosure with a LCD readout display and two clear polycarbonate windows for viewing the measurement display and reagent levels. 220 -3.2.3 Sampling and Analysis. The unit shall perform an analysis very 2.5 minutes and display the results on a 3 -digit menu driven LCD readout. Residual measurement shall be performed by means of a LED light with a peak wavelength of 510 nm. For each analysis, prior to measuring the conditioned sample, the instrument shall first measure a sample blank to provide for an automatic zero reference to compensate for sample color and turbidity as well as changes in light intensity due to voltage fluctuations or light source aging. Use of sample conditioning reagent shall not exceed 473 milliliters for 30 days of continuous operation. 220 -3.2.3 Analyzer Output. The analyzer shall be equipped with an optically isolated analog recorder /controller output of 4 to 20. The unit shall also have alarms for residual sample concentrations, variations in analyzer performance and analyzer shutdown due to performance variation and off -limit chlorine residual concentration. 220 -4 INSTALLATION 220 -4.1 General. The analyzers shall be installed in accordance with the manufacturers instructions. At the completion of the installation, the Contractor shall furnish the services of a factory trained manufacturers representative to program and calibrate the analyzers. The services to be provided by the manufacturers' representatives shall also include training of the City's personnel for the operation and maintenance of the analyzers. 220 -4.2 Chlorine Analyzer AE -1A. The Contractor shall remove the sampling and drain piping for this existing analyzer and provide new piping to connect the unit as required. If necessary, the Contractor shall re- position this unit to accommodate the new arrangement of the various ammonia and chlorine residual analyzers required for this project. SP -59 221 -2 PERFORMANCE REQUIREMENTS AND OPERATING CONDITIONS 21 8-2.1 Performance Requirements. The sampling pumps shall be suitable for continuous submersion in a domestic water reservoir and able to sustain a water head of up to 34 feet. The pumps shall be suitable for pumping potable water with a chlorine residual of up to 2.0 mg /I. The pumps shall be capable of the following performance ratings: Sampling Flow Total Dynamic Pump No. Rate,gpm Head, feet 1 5.0 160 2 5.0 160 221 -2.2 Operating Conditions. Sampling Pumps 1 and 2 will be located at the bottom of the reservoir as shown on the Drawings. The static water head on the pumps will be up to 34 feet. The pumps will deliver reservoir water samples to a chlorine residual analyzer located adjacent to the reservoir. A flow controller at the chlorine residual analyzer will maintain the flow rate of each pump at 5.0 gpm. 221-3 EQUIPMENT 221 -3.1 Materials. All components of the metering pumps in contact with the chemical being pumped shall be made of materials resistant to corrosion by sodium hypochlorite. Materials of construction for the pump shall be as follows: Pump Component Discharge Head Check Valve Seal Check Valve Seat Bearing Diffusers, Impellers, Bearing Spiders Bowl, Intermediate Sleeve and Shaft Coupling M Motor Adapter, Casing, Shaft, Coupling, Cable Guard, Suction Screen, Shim, Spacer SP-61 Material Stainless Steel (SS) Buna SS Urethane Corrosion resistant, non -toxic glass filled engineered composite SS SS SS • 9 necessary appurtenances for a complete system. FRP grating system shall be Custom Molded Grating as manufactured by IMCO Reinforced Plastics, Inc.; or equal. 222 -1.2 Submittals. In accordance with the General Provisions, submit information and shop drawings to show compliance with the requirements as shown and specified. Information to be submitted shall include but are not limited to the following: 1. Qualifications of the manufacturer as specified under Paragraph 222 -1.3.1 2. Description of the RFP materials and molding process to be employed for the manufacture of the grating system 3. Design calculations demonstrating compliance with Paragraph 222 -1.3.2 4. Shop drawings showing the construction of the. gratings and support members, and shop drawings showing the arrangements and dimensions of the complete systems 222 -1.3 Quality Assurance 222 -1.3.1 General.. FRP gratings shall be provided over the areas within the various chemical spill containments as shown on the drawings. The gratings shall be provided with an adequate support system to elevate the gratings to the same level as the tope of the containment walls and to withstand the loadings as specified herein. The Contractor shall cause the grating supplier to design and fabricate the grating and the support systems. The supplier shall have had successful experience with the design and fabrication of similar systems for at least five pervious installations. The Contractor shall provide the Engineer with the qualifications of the supplier and a listing of the supplier's previous installations. 222 -1.3.2 Design Requirements. FRP gratings shall be designed to meet the following requirements: 1. Design live load of not less than 100 pounds per square foot with a minimum structural factor of safety of 4.0. 2. Maximum deflection under a loading of 100 pounds per square foot not exceeding 0.4 inch 3. Thickness of grating not less than 1 inch 4. Grating and support materials shall be resistant corrosion by 12.5 percent sodium hypochlorite and 19 percent aqueous ammonia 222 -2 PRODUCTS 222 -2.1 Materials. FRP materials shall satisfy the requirements set forth in Table A, Physical Requirements for Resins, and Table B, Minimum Requirements for SP -63 9 ! project site. FRP equipment shelter shall be Corrosion Resistant Fiberglass Shelter as manufactured by Pasti -Fab, Inc. or equal. 223 -1.2 .Submittals. In accordance with the General Provisions, submit information and shop drawings to show compliance with the requirements as shown and specified. Information to be submitted shall include but are not limited to the following: 1. Manufacturer's type designation, catalog data and drawings showing the dimensions and configuration of the shelter. 2. Design calculations for the shelter structure and anchoring. 3. Detailed manufacturers installation procedures. 223 -1.3 Quality Assurance 223 -1.3.1 General. The shelter shall be a FRP unit designed to house the equipment as shown and to protect the equipment from the weather. The shelter shall be suitable for installation on a reinforced concrete pad. The interior of the shelter shall be ventilated and shall be provided with electric lighting. The unit shall be completely factory fabricated and wired. 2234.3.2 Design Requirements. All structural components shall be constructed of FRP and non - metallic weather resistant materials. All electrical wiring, conduits, .fittings and devices. shall meet the applicable requirements of the National Electrical Code and Sections 16000 through 16150 of these specifications. In addition, the shelter shall meet the following requirements: Shelter Structure: Interior dimensions, feet Length Width Wall height Design wind load, miles per hour Seismic loading Ventilation exhaust fan: Number of unit Capacity, CFM Static pressure, inch Motor horsepower 223 -2 PRODUCTS 20 8.5 8.0 125 Uniform Building Code 1 200 1/8 1/20 223 -2.1 Shelter Structure. The walls of the shelter shall be made of polyurethane foam encapsulated between FRP skins. The wall sections shall be of ribbed construction for structural stability without any embedded wood or metal. Each wall section shall be molded in one piece. The polyurethane foam shall be not less than SP -65 Drawings. All electrical fixtures, devices and wiring shall conform to Sections 16600 through 16145. 223-3 INSTALLATION The equipment shelter shall be installed in strict accordance with the manufacturer's recommendations. PART 3 CONSTRUCTION METHODS SECTION 300 --- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: 'The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words "1 '/Y inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SP -67 The asphalt lining shall be grade AR -8000 as listed in Section 203 of the Standard Specifications for Public Works Construction. This porous asphalt mix shall also be used to pave the interior reservoir ramp and road on the eastern section of the reservoir. A 4 inch layer of porous asphalt shall be used for these sections. The access ramp and road is approximately 15 feet wide. 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 306 -- UNDERGROUND CONDUIT CONSTRUCTION 306 -1.1.1 General. Add to this section: "Excavation shall include without classification the removal of all material of whatever nature encountered. The Contractor shall remove unsuitable material and dispose of it. at an off -site location. Costs of said disposal shall be the sole responsibility of the Contractor and no additional compensation shall be made therefor. All excess native material excavated during the construction shall become the property of the Contractor and shall be disposed of by him outside the limits of work in accordance with the applicable ordinances and regulations of the governmental agencies having jurisdiction. Costs of said disposal shall be the sole responsibility of the Contractor and no additional compensation shall be made therefor." SECTION 308 -- LANDSCAPE 308 -1 GENERAL. Add to this section: "The Contractor is responsible for protecting in place existing trees at the reservoir site along repaving/construction of the access roads. The Contractor shall arrange for any necessary coordination with the City's Urban Forester, Mr. John Conway at (949) 644 -3083, a minimum of five workdays prior to beginning work. -. SECTION 02712 16000 16135 16140 16145 16150 16200 16300 16950 17000 17100 17200 17300 17400 TABLE OF CONTENTS Geotechnical Subdrain General Electrical Requirements ...................... Cabinets and Enclosures ... ............................... Switches and Receptacles . ............................... Panelboards....................... ............................... Electric Motors .................. ............................... Low - Voltage Switchboards .............................. Motor Control Centers ...... ............................... Electrical Testing .............. ............................... General Instrumentation Requirements...:........ Level, Pressure Measurement and Control ...... Control Panels, Cabinets and Control Devices Programmable Logic Control System .............. Uninterruptible Power Supply ......................... PAGE .. ........................ 02712 -1— 02712 -8 ............................... 16000-1 — 16000 -8 — ........... . ................ 16165 -1- 16135 -3 ............................... 16140-1 — 16140 -1 ............................... 16145-1— 16145-2 ............................... 16150-1 — 16150-5 ............................... 16200-1 — 16200 -4 ............................... 16300 -1- 16300.8 ............................... 16950.1 - 16950 -5 ............................... 17000-1 — 17000-6 ............................... 17100-1 — 17100-4 ........................... :.17200.1 — 1720040 .............. ............. .... 17300 -1— 17300 -8 ............................... 17400.1 - 17400 -3 TOC -1 Big Canyon Reservoir Newport Beach 0 0 Manufacturer's data sheets for subdrain pipe and fittings and filter fabric 2. Source and gradation for pipe bedding and backfill material. All pipe bedding and backfill material shall be obtained from the same source unless otherwise approved by the Engineer. B. Test Reports and Certifications: Certification shall be submitted that indicates compliance with the requirements for materials and manufacture of the pipe and fittings. C. Trench Excavation Plan, including: Planned methods for field verification of alignment and profile of existing East Underdrain; 2. Planned alignment and profile of new subdrain; 3. If subdrain trench excavation will exceed 5 feet at any location along its alignment, an Excavation Safety Plan shall be prepared. a. The Excavation Safety Plan shall include the layout of the planned trench support, including shoring and slope grades, and calculations showing the adequacy of the planned trench support. b. The planned trench support, including calculations, shall be signed and stamped by a civil or structural engineer registered in the State of California, and submitted to the Engineer for record purposes. 4. Planned method for controlling water inflows to trench during excavation. 1.3 DEFINITIONS A. Pipe Trench, or Subdrain Trench: The excavation made for placing the subdrain pipe and its appurtenances, extending from existing grade to the bottom of the trench and across the full width of the excavation. B. Pipe Zone: The full width of the pipe trench from the bottom of the trench to a horizontal level 12 inches above the top of the pipe. C. Pipe Bedding: The material placed in the pipe zone below the invert of the pipe. D. Pipe Backfill: The material placed above the pipe bedding, around the pipe, and over the pipe in the pipe zone. E. Trench Backfill: The material placed in the pipe trench above the pipe bedding and backfill to a horizontal elevation as shown on the Drawings. F. Relative Compaction: The ratio, expresses as a percentage, of the dry unit weight obtained in the fill after compaction, to the maximum dry unit weight obtained from the specified laboratory compaction standard. 1.4 DELIVERY, STORAGE AND HANDLING A. Pipe and fittings shall be protected from sunlight during storage. Pipe shall be stacked and secured for handling and storage in a manner that does not crack, crush, or otherwise deform or damage any portion of the pipe. B. Pipe bedding and backfill material stockpiles shall be maintained in a manner that prevents mixing with other materials. 1.5 QUALITY ASSURANCE GEOTECHNICAL SUBDRAIN 02712 -2 B. Filter fabric shall be recommended by the manufacturer for both filtration and drainage applications. C. Filter fabric shall be Miraft MON, manufactured by Nicolon, or equivalent. PART 3 - 3.1 PREPARATION OF TRENCH A. The alignment of the subdrain trench as shown on the Drawings is for guidance only. Contractor shall field verify the alignment and profile of the existing East Underdrain and locate the new subdrain such that the lateral and bottom edges of the subdrain trench are at least 48 inches from the centerline of the East Underdrain pipe. B. At a minimum, the new subdrain trench shall be excavated to the width and depth shown on the Drawings. C. The bottom of the trench shall be firm so as to be unyielding during placement of the subdrain pipe, pipe bedding and backfull, and trench backfull. Final determination of the acceptability of the bottom of the trench shall be made by the Engineer. D. In no case shall the new subdrain trench intersect the bedding and backfill for the existing East Underdrain pipe. E. Trench Excavation Safety Plan: 1. Trench excavations 5 feet deep or greater shall conform to the requirements of Caltrans Section 5- 1.02A, "Trench Excavation and Safety Plan," and Section 7- 1.0113, `"french Safety," including the requirements for submittal of a trench Excavation Safety Plan. 2. The Contractor shall furnish, place, and maintain all support and shoring that may be required for the excavation as indicated in the trench Excavation Safety Plan, and shall be responsible for the adequacy of all support facilities, including the liability for any damages related to inadequacy or failure of the support. 3. Acceptance by the Engineer of the Excavation Safety Plan shall in no way relieve the Contractor of responsibility for the sufficiency of the trench shoring and support. If any damage occurs as a result of inadequate shoring and bracing, the Contractor shall conduct the necessary repairs or reconstruction as directed by the Engineer at no, cost to the City. F. Control of water entering the trench excavation shall be accomplished by pumping. Water pumped from the trench excavation shall be disposed on the bottom of the reservoir at a location that is graded for flow away from the planned trench alignment, or as otherwise required by the terms of the City's applicable NPDES permit, whichever is the applicable and more stringent requirement. G. Filter fabric shall be placed in the pipe trench as shown on the Drawings and as recommended by the manufacturer, or as otherwise approved by the Engineer. Adjacent rolls of fabric shall be overlapped a minimum of 18 inches. The preceding roll shall overlap the following roll in the direction of the subdrain downgrade. H. Pipe bedding: GEOTECHNICAL SUBDRAIN 02712 -4 D. Pipe backfill shall be nearly saturated at the time of compaction and the water content shall be uniform throughout the lift. Following compaction of each lift, there shall be no standing water on top of the lift. 3.4 TRENCH BACKFILL A. Trench backfill shall be placed in horizontal lifts above the pipe backfill, as shown on the Drawings: The lifts shall not exceed 6 inches in thickness before compaction. B. Trench backfill shall be compacted by hand -held mechanical tampers of other means approved by the Engineer. C. Trench backfill shall be compacted to at least 90 percent relative compaction at a water content between optimum and 3 percent wet of optimum. 3.5 FIELD TESTING A. Field testing for Quality Assurance will be performed by the Engineer during the progress of the work, and the Contractor shall cooperate in the taking of such tests, allowing a reasonable time for conducting tests. B. The frequency and location of field tests performed by the Engineer shall be at the sole discretion of the Engineer, but will not be less than one test for every shift of compaction operations. C. One test will be performed whenever there is a change in the quality of moisture control or effectiveness of compaction as determined by the Engineer, or material is removed and replaced or otherwise reworked to meet the requirements of these specifications. END OF SECTION GEOTECHNICAL SUBDRAIN 02712 -6 0 0 e. National Electrical Code (NEC) f. National Electrical Manufacturers Association (NEMA) g. National Electrical Safety Code (NESC) C. Submittals 1.. Shop Drawings: a. Submit shop drawings for all materials, equipment, apparatus, and other items as specified herein in accordance with the 1.20 Shop Drawings. b. Shop Drawings shall include, but not limited to, the following information where applicable: Manufacturer's name and product designation or catalog number. ii. Electrical ratings. iii. Conformance to applicable standards or specifications or ANSI, IEEE, NEC, NEMA, UL, or other organizations. iv. Dimensioned plan, section, and elevation showing means of mounting, conduit connection, and grounding. V. List of components including manufacturer's names and catalog numbers. vi. Internal schematics and wiring diagrams indicating all connections to components and numbered terminals for external connections. Identify local and remote devices. 2. Altemates: a. Redesign of electrical or mechanical work, which is required due to the Contractor's use of an alternate item, arrangement or equipment and/or layout other than specified herein, shall be done by the Contractor at his own expense. Redesign and detailed plans shall be satisfactory to the Engineer. No additional compensation will be provided for changes in the work, either his or others, caused by such design. b. Redesign of altered drawings reviewed by the Engineer do not relieve the Contractor of his responsibility for proper and complete installation and operation of all materials and equipment, including related accessories. GENERAL ELECTRICAL REQUIREMENTS 16000 -2 5. Any materials not specified, but identified on the Drawings, shall be of the very best of their respective kinds. 6. All equipment used in hazardous areas shall be designed for installation in these areas, and shall be UL list for class and group of hazard as defined in Chapter 5 of the NEC. 7. Materials and equipment shall be suitable for storage, installation, and operation at an ambient temperature of 0°C to 40 °C except where more stringent conditions are stated in individual equipment specifications. 8. Equipment, devices, and material shall be marked with name or trademark of manufacturer and ratings in volts, amperes, and other pertinent information on a nameplate. 9. Electrical equipment and panels shall have factory- applied painting systems which shall, as a minimum, meet the requirements of NEMA ICS 6 corrosion - resistant test and the additional requirements specified in the individual equipment specifications. Provide 1 pint of the equipment manufacturer's touchup paint per 500 square feet of painted surface for repair of damaged topcoats. B. Conduit PVC - Coated Rigid Steel Conduit and Fittings: a. All conduits prior to coating shall be hot - dipped galvanized after threading and shall conform to ANSI C80.1 and UL 6. b. Outer surface of conduit shall be treated prior to coating to ensure a bond between the steel conduit and plastic coating. The PVC coating shall be applied by dipping and shall have a minimum thickness of 40 mil and shall run the full length of the conduit except at the threads. The bond between the PVC coating and the steel conduit shall be greater than tensile strength of the plastic. C. Interior shall be coated with 2 mils of urethane coating. d. Conduit shall be bendable without damage to the PVC or urethane coating. e. Conduit shall conform to NEMA RN 1 and shall be manufactured by Robroy, OCAL, or equal. f. Bushings, hubs, couplings, unions, and expansion joints shall conform to the requirements of rigid steel conduit fittings and shall be PVC coated as described above. All hollow conduit fittings shall have an interior urethane coating. A PVC sleeve shall extend beyond the threads of all fittings by one pipe diameter of 2 inches, whichever is smaller. The sleeve shall be 40 mils thick. The PVC coating on all couplings shall be ribbed. 2. Rigid Nonmetallic (PVC) Conduit and Fittings: a., PVC conduit shall be heavy wall, Schedule 40 conduit, and UL labeled for above ground and underground uses. The PVC conduit shall conform to MENA TC -2 and UL -651. GENERAL ELECTRICAL REQUIREMENTS 16000 -4 F: Conductors 1. All conductors shall be single conductors, stranded, and made of copper. 2. Insulation Voltage Rating: 600 volts. 3. Insulation: NFPA 70, Type THWN -2 insulation rated 90 °C in wet and dry locations. Conductors No. 8 and small have colored insulation. 4. Power and Lighting: Minimum size shall be No. 12 AWG. 5. Controls: Minimum size shall be No. 14 AWG. G. Instrument Cable Single Pair or Triplex Shielded Instrument Cable: Cable shall have stranded tinned- copper conductors individually insulated with fully color -coded PVC insulation rated for 300 volts. Insulated conductors shall be twisted together with a #20 AWG copper drain wire and shielded with a spiral -wound metal foil tape overlapped for 100% shielding. Outer jacket.shall be PVC. Conductors shall be sized as indicated on the Drawings.. Belden Company, Okonite Company, Alpha Cable, or equal. H. Delivery. Storage and Handling 1. The Contractor shall instruct the manufacturers and vendors as to the maximum shipping sizes of equipment that can be accommodated at the site. 2. Keep equipment upright at all times. Where equipment has to be tilted in order to install the equipment, the manufacturer shall be required to brace the equipment suitably to ensure that the tilting does not impair the functional integrity of the equipment. 3. Provide delivery, unloading, transportation, and storage of equipment until installation. Equipment shall be adequately protected against mechanical injury, damage by water, or absorption of moisture at all times. Electrical equipment shall not be stored out-of-doors. Electrical equipment shall be stored in dry area. Provide heat where required, to eliminate condensation. Any apparatus that has been damaged or subjected to possible injury shall be replaced or repaired at no additional cost to the Owner. The equipment may be repaired only if the Engineer and the manufacturer mutually agree that the equipment can be properly repaired. If the equipment is repaired, the equipment shall be thoroughly tested by a META certified testing service or the manufacturer at no additional cost to the Owner. PART 3- EXECUTION A. Installation General: a. The drawings diagrammatically indicate the desired location and arrangement of outlets, devices, conduit runs, and other items. Field determine exact location GENERAL ELECTRICAL REQUIREMENTS 16000 -6 0 3. Color Coding: Phase 208Y /120 Volts 480Y/277 Volts A Black Brown B Red Orange C Blue Yellow Neutral White Gray Ground Green Green 4. Control Wiring Identification: Each control conductor and instrumentation cable shall be identified with a heat shrink type identification sleeves. 5. Control wiring and instrumentation cables shall not be spliced. F. Paintin All factory finishes, which are damaged or rusted, shall be restored to their original new condition in accordance with manufacturer's instructions. G. Nameplates Provide laminated plastic nameplates for each equipment enclosure, relay, switch, and device. Each nameplate inscription shalt identify the function and, when applicable,. the position. Nameplates shall be melamine plastic, .125 inch thick, black with white - center core. Comers shall be square. Accurately align lettering and engrave into core. Minimum size of nameplates shall be one by 2.5 inches. Lettering shall be normal block style. Minimum height for enclosure and relay identification shall be .25 inches and minimum height for switch and device identification shall be. 125 inches. H. Performance Tests 1. After the electrical installation is complete, test it to demonstrate that the system operates in accordance with the Drawings and Specifications. Tests shall include the following: a. Wire: Perform insulation resistance test on each complete circuit prior to energizing. Insulation resistance between conductors and between conductors and ground shall not be less than 25 megaohms. b. Test the operation of each control panel and associated interlocks to verify that properly performs its function. END OF SECTION GENERAL ELECTRICAL REQUIREMENTS 16000 -8 3. NEMA 4X Fiberglass Enclosures: a. Provide enclosures that consist of base and cover that shall be heavy -duty hot compression molded from fiberglass reinforced polyester compound containing not less than 25 percent fiberglass by weight. Transparent covers, when required, shall be polycarbonate. The enclosures shall be provided with cover hinges manufactured from nonmetallic materials. The cover latch system shall be nonmetallic. b. Provide the enclosures with gasket system of neoprene material cemented into a molded labyrinth on the cover. C. NEMA -4X fiberglass enclosures shall be Carlon Products, or approved equal B. PLC Panels Refer to Section 17200. PART 3- EXECUTION A. Installation Install panels and enclosures in accessible locations and provide working clearances that meet NEC requirements for electrical equipment. B. Enclosure Air Conditioning Installation Top mounted air conditioning units installed on enclosures shall not allow condensation to damage electrical equipment or enclosure. C. Panel Device and Component Mounting General: All components, except those on the front panels, shall be mounted behind on fixed or swing -out panels; terminal blocks for field connections shall be mounted on fixed channels located near the bottom of the sections but clear of the conduit entry area. Fixed panels shall be located so as not to prevent access within the cabinets to other components, wiring, and terminal blocks on fixed panels or front panels. 2. All components shall be attached with screws and the subpanel shall be threaded. Rivets or back of panel nuts shall not be allowed. D. PLC Enclosures Each interior shall be equipped with a 120 -volt, 15- ampere duplex output and a single - pole, 15- ampere, 120 -volt circuit breaker. 2. Provide a fluorescent lamp in the panel. CABINETS AND ENCLOSURES 16135 -2 L PART 1- GENERAL A. Description SECTION 16140 SWITCHES AND RECEPTACLES This section describes materials and installation of light switches and receptacles. B. Submittals Submit shop drawings in accordance with the General Provisions and Section 16000. 2. Submit material list for each type of switch, receptacle, and cover plate. Indicate type, ratings, material, color, and manufacturer. PART 2 - MATERIALS A. Receptacles Duplex Receptacles: Provide molded composition, ivory, specification grade receptacles. Duplex receptacles for 120 -volt, single- phase, 3 -wire service to be rated 20 amperes, 125 volts, back or side wired, NEMA Type 5 -20R. 2. 480 Volt Receptacles: Provide a 480 -volt, 30 -ampere twist -lock receptacle and a spare plug, NEMA L16 -30R and NEMA 16 -30P. B. Switches Switches shall be molded composition, ivory, specification grade, single pole and three way as shown on the drawings. 2. 120- or 277 -Volt Lighting: Use switches rated 20 amperes, 120 -277 -volt ac. C. Cover Plates Provide weathertight gasketed stainless -steel cover plates for exterior and underground receptacles with hinged covers. 2. Provide Type 430 stainless -steel plates in all other locations. PART 3- EXECUTION A. Groundine Provide a bonding jumper between the grounded outlet box and the receptacle ground terminal. Feed power to 120 VAC receptacles by a GFCI Type Circuit Breaker. END OF SECTION SWITCHES AND RECEPTACLES 16140 -1 0 0 D. Bus Bars Bus bars shall be tinned copper. Provide a copper ground bus bar installed on the panelboard frame, bonded to the box, and containing at least 10 terminal screws. E. Space Only Where "space only" is noted on the drawings, provide connectors, mounting brackets, etc., for the future insertion of an overcurrent device of the size indicated. F. Directories Provide typed circuit directories on the inside face of the door of each panel. Handwritten directories are unacceptable. G. Nameplates Provide nameplates as specified in Section 16000. Designate the identifying nomenclature, voltage, and phase of the panel as shown on the drawings; for example, "PANEL A, 120/240 - volt, single- phase, 3 -wire, 100- ampere bus." H. Gutter Provide flashing gutter along the entire length of the back of the outdoor metering switchboard. Slope to a downspout on one side. Flash between building and the metering switchboard. END OF SECTION PANELBOARDS 16145 -2 ii. Motors greater that 'r4 Horsepower to 300 Horsepower: three phase, 460 volt. d. Temperature Rating and Altitude Requirements: Where not otherwise specified or indicated on the Drawings, provide motors that are rated suitable for continuous operation in 40 degree Celsius ambient temperature at project site altitude. L Temperature rise under full load: Not to exceed that for Class B insulation (80 degrees Celsius). e. Motor Data: Specific motor data including horsepower, speed, and enclosure type are indicated on the Drawings and specified under equipment for which motor is required. f. Torque and Power of Motors: i. Provide motors that develop sufficient torque for required service throughout acceleration range at voltage 10 percent less than motor nameplate rating. ii. Provide motors that develop sufficient torque when started using reduced voltage starters. g. Motor leads and insulating material: Insulated leads with non - wicking, non - hygroscopic material. Class F insulation. h. Grounding lugs: Provide inside conduit boxes for motor frame grounding. i. Hardware: Type 316 stainless steel. j. Motors for pumps shall be inverter duty rated. 2. Provide motors that are special premium efficiency type, except motors that are to be used on hoisting equipment heat pumps, unit heaters, sump pumps, and lubricating oil transfer pumps. a. Provide premium efficiency type motors having nominal full load efficiencies and power factors as specified in Schedule A appended to this Section. b. Actual full load efficiency of individual motors within the nominal efficiency band shall not be less than the minimum efficiency value specified in Schedule A. 3. Condensation Heaters: a. Use: Required in motors in outdoor applications. b. Type: Cartridge or flexible wrap- around type installed within motor enclosure adjacent to core iron. ELECTRIC MOTORS 16150-2 0 0 C. Three Phase Motors 1. Suitable for 460 three -phase power unless otherwise specified or indicated on the Drawings. Motor leads shall be three (3) wire only for 460 -Volt, 3 -Phase motors. Reconnectible leads or multiple winding leads from motor windings to motor junction box are not allowed. 2. NEMA Design B except where driven load characteristics requires other than normal starting torque. a. Starting kilovolt ampere per horsepower (locked rotor) are not to exceed values specified in NEMA MG -1- 10.37. 3. Totally enclosed, fan cooled motors manufactured in accordance with NEMA MG 1- 10.35. Inverter duty rated, when applied to variable frequency drives. 4. Motor Bearings: Antifriction, regreasable, and filled initially with grease suitable for ambient temperatures to 40 degrees Celsius. a. Suitable for intended application and have AFBMA B -10 rating life of 60,000 hours or more. b. Fit bearings with easily accessible grease supply, flush, drain, and relief fittings using extension tubes where necessary. C. Motors operated in a vertical position shall be designed for vertical operation. The thrust bearings shall be able to handle 150% of the maximum calculated downthmst with a rated B -10 life of 5 years as defined by AFBMA standards. d. Provide motors with ball type bearings. 5. Insulation Systems: a. Comply with NEMA 1 -1.65. b. Class F system with Class B temperature rise. C. Resistant to attack by moisture, acids, alkalies, and mechanical or thermal shock. 6. Conduit Boxes: a. Provide gaskets between following: i. Frames and conduit boxes. ii. Conduit boxes and box covers. b. Provide oversized conduit box. ELECTRIC MOTORS 16150 -4 0 SECTION 16200 LOW- VOLTAGE SWITCHBOARDS PART 1- GENERAL A. Scope of Work is Provide all labor, materials, services, and equipment necessary for the construction and delivery of a switchboard as indicated on the Drawings and/or specified herein. B. Reference Standards Except where otherwise indicated, the current editions of the following publications or standards shall apply where referenced in these specifications or on the Drawings: 1. The American National Standards Institute (ANSI): a. ANSVIEEE C12.1 - Code for Electricity Metering. b. . ANSI C39.1 - Electrical Analog Indicating Instruments. C. Z55, Gray Finishes for Industrial Apparatus and Equipment. 2. National Electrical Manufacturers Association (NEMA) a. NEMA PB 2, Deadfront Distribution Switchboards b. NEMA PB 2.1, General Instructions for Proper Handling, Installation, Operation, and Maintenance of Deadfront Distribution Switchboards Rated 600 Volts or Less 3. National Fire Protection Association (NFPA): 70, National Electrical Code (NEC) 4. Underwriters' Laboratories, Inc. (UL): a. UL 50 - Cabinets and Boxes. b. UL 891 - Dead -Front Switchboards. C. Submittals Shop Drawings: 1. Submit shop drawings for all materials, equipment, apparatus, and other items as specified herein in accordance with the 1.20 Shop Drawings. 2. Shop Drawings shall include, but not limited to, the following information where applicable: LOW- VOLTAGE SWITCHBOARDS 16200 -1 0 0 3. Physical Dimension: The switchboard shall be 60" wide or less as indicated on the drawing. 4. Service switchboard shall be floor standing, dead front, NEMA 3R as indicated with front removable devices and load connections. 5. Switchboard busing shall be tinned copper. Busing shall be braced to withstand symmetrical fault currents as indicated on the drawings. A copper ground bus with an ampacity of 300 amperes shall be extended to the motor control center. Busing connections shall be tinned- plated copper with a conical spring -type washers at each bolted joint. 6. Provide heavy -duty pressure -type terminal lugs for connection of incoming feeder cables. Support cables and internal wiring with bolted cleats. 7. Circuit breakers shall be molded -case, air -break type with inverse -time trip characteristics. Provide quick -make and quick -break switching mechanism that is mechanically trip free from the handle so that the contacts cannot be held closed against short circuits and abnormal currents. Automatic tripping shall be clearly indicated by the handle automatically assuming a position between the manual ON and OFF positions. Provide trip and frame ratings and number of poles as indicated on the Drawings: Provide breakers with fault current interrupting ratings equal to or greater than the short- circuit current rating shown on the Drawings. Circuit breakers shall comply with applicable standards of NEMA AB 1 and UL 489. 8. Circuit breakers indicated on the drawings with a GFI shall have integral, solid state overcurrent trip units and line current sensors. Trip units shall be adjustable long time tripping, instantaneous tripping, and ground fault tripping. 9. Switchboard shall be provided with adequate lifting means. 10. Provide thermostatically controlled space heaters. Space heaters shall be operated at half voltage for long life operation. 11. Complete assembly shall be capable of withstanding seismic Zone 4 forces. Identify the size and type of stainless steel anchor bolts or concrete anchors that the Contractor should use to properly install the switchboard to meet Zone 4 seismic forces. 12. Environment: Equipment shall be capable of operating with an enclosure outside ambient temperature ranging from 0 °C to 40 °C. 13. Altitude: Less than 3300 feet. 14. Finish: a. Electro -coating process applied over a rust- inhibiting, iron phosphate base treatment. LOW - VOLTAGE SWITCHBOARDS 16200 -3 SECTION 16300 MOTOR CONTROL CENTERS PART 1- GENERAL A. Scope of Work 1. Provide all labor, materials, services, and equipment necessary for the complete installation of motor control centers (MCC) as indicated on the Drawings and/or specified herein. B. Reference Standards 1. Except where otherwise indicated, the current editions of the following publications or standards shall apply where referenced in these specifications or on the Drawings: a. The American National Standards Institute (ANSI): i. Z55, Gray Finishes for Industrial Apparatus and Equipment. b. National Electrical Manufacturers Association (NEMA) i. ICS 1, Industrial Control and Systems: General Requirements ii. ICS 2, Industrial Control and Systems: Controllers, Contactors, and Overload Relays, Rated Not More Than 2000 Volts AC or 750 Volts DC. iii. ICS 6, Industrial Control and Systems: Enclosures C. National Fire Protection Association (NFPA): i. 70, National Electrical Code (NEC) d. Underwriters' Laboratories, Inc. (UL): i. 489, Molded -Case Circuit Breakers and Circuit - Breaker Enclosures ii. 508, Industrial Control Equipment iii. 845, Motor Control Centers C. Submittals 1. Shop Drawings: a. Submit shop drawings for all materials, equipment, apparatus, and other items as specified herein in accordance with the General Provisions and Section 16010. b. Shop Drawings shall include, but not limited to, the following information where applicable: MOTOR CONTROL CENTERS 163MI • • E. Packing. Shipping and Handling The manufacturer shall separate the motor control centers into shipping splits no greater than 60- inches wide. Shipping splits shall be shipped vertically on separate shipping skids and wrapped for protection. Each split shall include removable lifting angles for positioning equipment at the job site. 2. The Contractor shall store, protect, and handle motor control centers in accordance with manufacturer's recommendations. PART 2- PRODUCTS A: Motor Control Centers I. Manufacturers: Allen Bradley or approved equal. 2. Rating: The motor control center shall be rated as indicated on the Drawings. 3.. Dimensions: An attempt has been made to indicate the worst-case dimensions on the Drawings. The Contractor shall coordinate installation with actual equipment dimensions. 4. Wiring: Wiring shall be NEMA Class 11, Type B. 5. Structure: a. Structures shall be manufactured using heavy gauge steel bolted together to form a rigid, totally enclosed, dead -front, freestanding assembly. Removable lifting angles shall be mounted on the top of the MCC and removable bottom channel sills shall be mounted front and rear vertical sections and shall extend full width. of lineup. Removable end plate covers shall be located on the side of each section for horizontal power bus and horizontal wireways. All sections shall be front accessible. Vertical sections shall be constructed to meet Seismic Zone 4 requirements. b. Indoor enclosures shall be NEMA Type 1, gasketed. C. Motor control centers shall be nominally 90 inches high, 20 inches wide, and 20 deep. Width may be larger to accommodate oversized starters. d. Each 20 -inch section shall have all necessary hardware and bussing to allow plug -in units to be installed at any point in the section. Vertical bus openings shall be covered by covered by manual bus shutters. Unused space shall be covered by hinged blank doors and equipped to accept future units. e. Each section shall have a top plate capable of being removed to cut conduit entry openings. MOTOR CONTROL CENTERS 1531x1 -3 a. Ground Bus: Each vertical section shall have a tin - plated copper vertical ground bus that is connected to the horizontal ground bus. This vertical ground bus shall be installed so that the plug -in units engage the ground bus prior to engagement of the power stabs and shall disengage only after the power stabs are disconnected upon removal of the plug -in unit. b. Ground Bus: A tin- plated copper ground bus shall be provided that tuns the entire length of the MCC. The ground bus shall be rated 300 amps. A compression lug shall be provided in the MCC for a 410 AWG ground cable. The ground bus shall be provided with six (6) predrilled holes per section to accept equipment ground conductors. Lugs shall be provided to accommodate equipment ground conductor as indicated on the Drawings. 11. Supply Connection: The MCC shall be capable of connecting to the supply source as indicated on the Drawings. 12. Environment: 13. Altitude: Less than 3300 feet. 14. Finish: a. Electrocoating process applied over a rust - inhibiting, iron phosphate base treatment. b. Paint color shall be ANSI #61 light gray per ANSI standard 255.1 -967 on all surfaces. All unit back panels and wireway interiors shall be painted white. B. . Circuit Breakers 1. Circuit breakers shall comply with applicable standards of NEMA AB and UL 489. 2. Circuit breakers shall be molded -case, air -break type with inverse -time trip characteristics. Provide quick -make and quick -break switching mechanism that is mechanically trip free from the handle so that the contacts cannot be held closed against short circuits and abnormal currents. Automatic tripping shall be clearly indicated by the handle automatically assuming a position between the manual ON and OFF positions. Provide trip and frame ratings and number of poles as indicated on the Drawings. Provide breakers with fault current interrupting ratings equal to or greater than the MCC short- circuit current rating shown on the Drawings. C. Combination Starters Combination starters shall comply NEMA ICS 2 and NEC Article 430. 2. The manufacturer shall verify the motor ratings and coordinate the starter and overload ratings with the actual horsepower and nameplate current ratings of the motors installed. 1 Combination starters shall be consist of a motor circuit protector (MCP), contactor(s), overloads, control transformer, and controls. MOTOR CONTROL CENTERS 16300 -5 5. Indicating lights shall be push - to-test, round, watertight/oiltight type, with self- contained transformer and LED Iamps. Indicating lights shall be complete with legend plates. 6. Elapse time meters shall be synchronous motor driven, 0- to 99,999.9 -hour range, non- reset type, suitable for semiflush, panel mounting. E. Manual Motor Starters 1. Provide number of poles and size of thermal overload heaters for the motor being controlled. Provide NEMA 1 enclosure for starters located indoors and NEMA 4 for enclosure for starters located outdoors or as indicated. 2. Starters shall have provisions for padlocking in the off position and shall be UL fisted. 3. Starters shall be the heavy -duty type with toggle or push -button operation. Arrow Hart Type LL, Allen - Bradley bulletin 609, or equal. PART 3 - EXECUTION A. Installation 1. Install starters and controllers in the motor control center. 2. Secure motor control centers rigidly to walls and floors or mounting pads with anchor bolts or concrete anchors in accordance with seismic requirements as recommended by the manufacturer. B. Performance Tests 1. Test the operation of each interlock to verify that the interlock performs its function- 2. Operate each breaker and verify that all phases of each load are disconnected. 3. Set adjustable trip circuit breakers two settings above the settings that causes the breaker to trip during motor starting. Do not adjust the setting above 1,300% of the motor nameplate current rating. C. Paintine 1. All factory finishes, which are damaged or rusted, shall be restored to their original new condition in accordance with manufacturer's instructions. 2. Provide 1 pint of the equipment manufacturer's touchup paint per 500 square feet of painted surface for repair of damaged topcoats. D. Nameplates 1. Provide laminated plastic nameplates for each equipment enclosure, relay, switch, and device. Each nameplate inscription shall identify the function and, when applicable, the MOTOR CONTROL CENTERS 16300 -7 SECTION 16950 . ELECTRICAL TESTING PART 1 - GENERAL A. Description This section includes requirements for acceptance testing of the electrical system, wiring, equipment, and grounding. B. References 1. National Electric Testing Association (NETA): a. ATS -1995 — Acceptance Testing Specifications for Electric Power Distribution Equipment and Systems. C. Submittals 1. Pre-Test Submittals: a. Testing service qualifications. b. Test personnel qualifications (resumes). C. Equipment testing schedule. d. Test data forms. 2. Post -Test Submittals: a. Summary of testing for the project. b. Description of the equipment tested. C. Description of the test and test procedures. d. Test results. e. Conclusions and recommendations. f. Completed test forms, including witness's signatures. g. List of test equipment and calibration documents. h. Date and time. i. Include the following data tabulated for each piece of equipment: ELECTRICAL TESTING 16950.1 r 0 f. Testing shall be done in accordance with the manufacturer's instructions, these specifications, and applicable ANSI, ASTM and NEMA standards. Applicable product instructions shall be furnished to the Engineer for review. g. Prequalified Testing Services and Manufacturing Firms: i. Electro -Test Inc. ii. Square D Company Technical Services Divisions. iii. General Electric Company. h. Qualifications of other testing services fix-ms may be submitted. i. Testing service or testing personnel may be accepted or rejected based upon, but not limited to, the testing equipment intended to be used, the qualifications of the firm, and personnel. E. Measurement and Patrment Payment for the work in this section shall be included as part of the lump -sum bid amount stated in the proposal. PART 2 - MATERIALS Not Applicable. PART 3- EXECUTION A. Examination Verify that electrical work is free from improper grounds, short circuits, and overloads. 2. Verify correctness of wiring first by visual comparison of the conductor connections with connection diagrams. 3. Make individual circuit continuity checks by using electrical circuit testers. B. Acceptance Testing Perform testing and allow Owner and Engineer to witness testing. Notify the Owner's representative three days or more in advance when any test is to take place. 2. Perform electrical acceptance testing in accordance with NETA Standards. ELECTRICAL TESTING 16950.3 • 0 8. Ground Fault Protective Equipment: The ground -fault protection system shall be performance tested after installation in accordance with NEC 230 -95C. Submit a written record of the test to the Owners representative. Label on panel above the device with certification and values. Record current pickup level and time delay settings to which the equipment was finally adjusted. Measure and record relay pickup current and the relay time delay at two values above pickup. Test for correct system operation at 57% rated voltage. If relay pickup current is not within 5% of the manufacturer's calibration marks or fixed setting or relay timing does not conform with manufacturer's published time - current characteristic curves, repair or replace equipment and repeat test. 9. Motor Operating Test: Rum each motor as nearly as possible to rated operating conditions. Record current in each phase of each motor 1/2 hp and larger and submit to the Owner's representative. Repair or replace motor or driven equipment if current exceeds motor nameplate current. 10. Power Company Voltage Test: When the installation is essentially complete and the facility is in operation, check the voltage at the point of termination of the power company supply system to the project_ Check voltage amplitude and balance between phases for loaded and unloaded conditions. If the unbalance (as defined by NEMA) exceeds 1 %, or if the voltage varies throughout the day and from loaded to unloaded conditions more than +5% of nominal, make a written request to the Power Company that the condition be corrected. If corrections are not made, request that the Power Company official provide a written statement that the voltage variations and/or unbalance are within their normal standards. C. Summary Test Report Upon completion of testing in every area, submit summary test report. END OF SECTION ELECTRICAL TESTING 16950 -5 0 iii. Project tag number. iv. Project location. V. Input and output characteristics. vi. Scale range and units (if any) and multiplier (if any). vii. Requirements for electric supply (if any). f. The data sheets shall be grouped together in the submittal by systems or loops as a separate group for each system or loop. If within a single system or loop, a single component is employed more than once, one data sheet with one brochure or bulletin may cover all identical uses of that component in that system. g. Component interconnect drawings showing the interconnecting wiring between each component including equipment supplied under other sections requiring interfacing with the control system h. Arrangement and construction drawings for consoles, control panels,,and for other special enclosed assemblies for field installation. These drawings shall include dimensions, identification of all components, preparation and finish data, nameplates, and the like. These drawings also include enough other details to define the style and overall appearance of the assembly; a fetish color sample shall be included. i. Installation, mounting, and anchoring detail for all components or entry details. j. Complete detailed bills of material. k. Operation, Maintenance, and Repair Manuals: The organization of the initial compatible to eventual inclusion maintenance, and repair manuals. submittal required above shall be as one volume of the operation, ii. Operation manuals shall be prepared and submitted to the District's Representative for preliminary review in six copies. When the District's Representative is satisfied that these are complete and properly prepared, six final sets shall be delivered to the District's Representative. iii. The complete operation manual shall contain all the information included in the preliminary equipment submittal, the detailed installation submittal, programming instructions, and the additional information required herein, all bound in hard -cover binders and arranged for convenient use including tab sheets, all indexed and cross referenced, and all final as -built drawings. GENERAL INSTRUMENTATION REQUIREMENTS 17000 -2 • 0 vi. Warranty (one year). vii. Shipping and receiving. 3. All calibration and final checkout of the instrumentation and programmable logic control system shall be witnessed by the District's Representative to determine if the system complies with the contract documents. 4. The Contractor shall be responsible for coordinating and interfacing with equipment supplied under these contract documents which are an integral part of the system. Interfacing shall be incorporated in the detailed systems drawings and data section of the contract documents. 5. The system supplier shall be experienced in the design, programming, and service of this type of equipment. In the event of a dispute as to the acceptability of the system supplier, the District's Representative shall make the final determination. 6. The system supplier will provide PLC programs as required by the contract documents. Descriptions of the system operation and PLC functions are provided in the contract documents to help the Contractor to understand the complete system and its operation. One of the following two requirements will apply to the contract: a. System Supplier shall provide PLC program: The system supplier shall be responsible for all aspects of the PLC hardware, software and programming installation. The Contractor shall also be responsible for all aspects of testing of the PLC installation including hardware and software. The Contractor shall provide a PLC system whose input and output configuration complies with the requirements of the contract documents, including specific 1/0 register assignments when applicable. This requirement is applicable when the District supplies the PLC program. The Contractor is required to provide a hardware configuration that properly interfaces with the PLC program provided by the District. The Contractor shall notify the District of any changes to the input/output configurations described by the contract documents at the time of submittal of shop drawings. After submittal review, the Contractor shall continue to be responsible for notifying the District immediately if any changes which impact the PLC input/output configuration as defined in the contract documents. D. Guarantee The Contractor shall repair or replace defective components, rectify malfunctions, correct software problems (for any software supplied by the Contractor), and correct faulty workmanship, all at no additional cost to the District during the guarantee period. To fulfill this obligation, he shall utilize technical service personnel designated by the Contractor who was originally assigned project responsibility. Services shall be performed within five calendar days after notification by the District's Representative. GENERAL INSTRUMENTATION REQUIREMENTS 17000 -4 0 panels until heavy construction work adjacent to computer and telemetry equipment has been completed to the extent that there shall be no damage to the equipment. 2. Locate devices, including accessories, where they shall be accessible from grade, except as shown otherwise. 3. Mount local equipment in cabinets or existing panels as specified. 'Mount associated 110 terminals on a common panel or rack; mounting panels and rack shall be baked enamel 4. Coordinate the installation of the electrical service to components related to the system to assure a compatible and functionally correct system All accessories shall be coordinated and installation supervised by the Contractor. 5. Test the complete system after installation to assure that all components are operating with the specified range and all interlocks are functioning properly. C. Testine The contractor shall perform testing and start-up of the instrumentation and control equipment including Testing, Training, and Facility Start-up. END OF SECTION GENERAL INSTRUMENTATION REQUIREMENTS 17000 -6 0 • 2. Materials and Installation a. Materials and installation shall be as specified. Improve as needed to comply with the requirements of the current editions of referenced electrical codes and standards and the codes and standards referred to shall be used for establishing the minimum quality of the materials and equipment supplied and installed. All equipment of the same type shall be products of the same manufacturer. Capacities of all equipment shall not be less than that indicated on the drawings or specified. D. Power Suuoly 1. All items shall be powered from the control panel 24 VDC power supply unless noted. All items requiring. 120. VAC input power shall have factory installed integral power conditioning, regulation, and surge protection. PART 2 - PRODUCTS A. Manufacturer 1. Measurement and control devices furnished shall be manufactured by firms regularly and currently engaged in the design and manufacture of this equipment. All equipment furnished shall be new and of current design, and shall be manufacturer's latest model. B. Level Sensors And Switches Level Transmitter — Ultrasonic Type a. The system shall use ultrasonic ranging to measure the level of liquid and shall consist of a sensor with interconnecting cable and control transmitter unit which can be located up to 1,200 feet from the sensing unit. b. Transmitter shall be microprocessor based. Level sensing shall be automatically compensated over the system temperature range of at least 0° C to 50° C and shall incorporate digital algorithmic echo extraction and filtering. Synchronization capability shall be provided. When synchronized, no transmitter shall transmit a signal within a certain time interval of the prior one. Application parameters shall be stored in a non - volatile EEPROM. Calibration shall require no reference targets. C. Accuracy shall be t 0.25% or better. Output shall be 4 mA to 20 mA proportional to the range of level sensing. Ultrasonic transmitter shall also have a minimum of three contact outputs (SPDT each) with adjustable setpoints and deadbands which can be used for pump control and alarming. In the case of momentary signal loss, relays shall maintain their last state. The transducer shall be FM approved for Class I, Division 1 and housed in a NEMA 4X enclosure. The ultrasonic unit shall be powered by 115 volts a -c. Transducer to transmitter interconnecting cable shall be provided. d. Ultrasonic unit shall be Milltronics HydroRanger. LEVEL, PRESSURE MEASUREMENT AND CONTROL 17100 -2 PART 3- EXECUTION A. Installation Installation, testing, calibration, validation, start -up, and instruction shall be in accordance with the requirements set forth in Section 17000, Instrumentation and Controls - General Requirements. 2. Calibrate all level instruments to match process conditions. Obtain process data from Owners Representative 3. Locate and install all float level switches so that they will actuate at the correct level. Obtain actuation levels from Owner's Representative. 4. Provide 314 inch thick insulation on all outdoor process capillaries. Provide heat - tracing systems where capillaries exceed 12 -inch length. END OF SECTION LEVEL, PRESSURE MEASUREMENT AND CONTROL 17100.4 iii. Elementary control wiring diagrams iv. Point to point interconnection wiring diagrams V, Fabrication drawings, including a dimensioned outline drawing to scaleshowing space for conduits, structural supports, etc. vi. Details of seismic restraints vii. Details of all enclosure accessories viii. Listing of all enclosure mounted (both front and rear) instruments ix. Connections or interface to external equipment X. Wire marking scheme b. Factory Test Reports. Submit three (3) copies of each test result, certified by manufacturer. Arrange submissions in a logical manner and on the show drawings use the device abbreviation identifications and equipment names as shown on the drawings, in order to expedite and facilitate review by the engineer. C. Spare Parts. Provide manufacturer recommended spare parts and ordering information for replacement components. Provide instruction books for control devices and equipment installed in the instrumentation/control panels and cabinets. Submit these to the Owner's Representative prior to installation of the equipment. d. Operations and Maintenance (O &M) Manuals. Provide O&M manuals as specified in Section 17100. E. Product Delivery and Handling Ship assembled instrumentation/control panels and cabinets in sections that facilitate handling and field installation F. Quality Assurance Equipment shall be U.L. listed, and labeled including enclosures. PART2- PRODUCTS A. Construction I. General. Enclosures shall conform to the requirements of NEMA Standards ICS I (General Standards for Industrial Controls and Systems) and ICS 2 (Standards for Industrial Control Devices, Controllers and Assemblies). The enclosures for indoor application shall be NEMA 12 of adequate strength, when complete, to withstand seismic forces found in Zone 4. The enclosures for outdoor applications shall be NEMA 4X. Enclosures shall conform to requirements of NEMA Standard ICS 6 (Enclosure for Industrial Control and Systems). The following requirements shall apply to all enclosures. CONTROL PANELS, CABINETS, AND CONTROL DEVICES 17200 -2 i 0 2. Safety Requirements. The electrical supply to each enclosure shall be arranged to be disconnected by a single switch or circuit breaker, including foreign circuits. Any live parts within the enclosure fed from foreign control or signal circuits shall be covered or arranged to be disconnected by one of the following methods: a. Enclosed relays which are automatically de- energized when the main disconnecting switch is opened. b. Door - operated enclosed disconnect switches. C. Clearly identify enclosed manually operated disconnect switches, which may be located inside the enclosure door, provided the operating handles are isolated or bamered from all open live parts. Each enclosure shall be arranged so that adjustments to timing relays or replacement of fuses can be done without exposure to live parts. 3. Components. Provide each enclosure with all the components and accessories required for a complete and functional unit. Provide the following components as specified, but this shall not be construed as a complete listing of all required items. a. Terminal Blocks. Intermediate terminations of panel wiring shall be done utilizing modular screw compression clamp terminal blocks, rated not less than 15 amperes at 600 V. Terminal blocks shall be constructed of a copper alloy metal body, pressure plate, captive screws disconnect type with fuses. Fused terminal shall utilize 5 by 20 GMA type fuses and be provided with neon or LED fusion indicators. Conductors shall be clamped to pressure plate with terminal screws. White or other light colored self- adhesive or insert type marking strips shall be provided for circuit designation. Each connected terminal of each block shall have the circuit designation or wire number imprinted on the marking strip. Each terminal block shall be color -coded for each signal or voltage type and level. Jumper combs, end clamps, barriers, and other accessories shall be provided as required. Terminal blocks shall be DIN rail mounted and of the modular European style, as manufactured by Phoenix Contact (Cal Switch 1- 800 - CAL -SWCH) No Substitution is permitted. b. Nameplates. Provide nameplates for all instruments, function titles for each group of instruments, and other components mounted on the front of enclosures as shown. Provide a nameplate with tag number as shown on the Contract Drawings for each signal transducer, signal converter, signal isolator, electronic trip, and other components mounted inside the enclosures. The nameplates shall be descriptive to define the function and system of each element. All nameplates shall be fabricated from black face, white center, laminated engraving plastic. Colors, lettering, style, and sizes shall be as shown on the Contract Drawings or as selected by the Owner's Representative. Unless otherwise noted, adhesives or stainless steel set screws, nuts, bolts, etc., shall be acceptable for attaching nameplates. Painted surfaces must be prepared to allow permanent bonding of adhesives when used. The nameplates and/or individual letters shall be fabricated from N/P Company, VI -L, Catalog No. 200, approved equivalent by Formica, or approved equal. CONTROL PANELS, CABINETS, AND CONTROL DEVICES 17200 -4 B. Instrumentation And Control Devices General. Products of the same type shall be of the same make. This applies without exception to equipment for this project. Control devices shall be identified (labeled) with its assigned tag number. Enclosures and outlet box mounted devices shall be provided as follows: a. Selector Switches. Selector switches shall be rated 10 amperes at 600 volts, shall be heavy -duty, oil-tight (NEMA 13) for indoor enclosures and corrosion- resistant/watertight (NEMA 4X) for outdoor enclosures. Switches shall have the number of positions, contact arrangement, and poles as shown on the contract drawings. They shall be General Electric Type CR 104, Square D Class 9001, Cutler - Hammer Type T, Type SK and K, Allen Bradley HOOT and 800H series, or approved equal. Each shall have a factory- engraved legend plate as shown on the contract drawings, or corresponding to the function of the switch. b. Indicating Ligb&s. Unless indicated as window type, indicating lights shall be 24V or 120V full voltage, push -to -test type and shall be heavy -duty, oil -tight (NEMA 13) for indoor enclosures and corrosion- resistant/watertight (NEMA 4X) for outdoor enclosures. Each shall be nickel- plated with a screwed -on glass prismatic lens approximately one -inch diameter. Lens color shall be as shown on the contract drawings. Indicating lights shall be Square D, Class 9001 Type KT, Cutler- Hammer Type T, Allen- Bradley 800T and 800H Series, General Electric, Type CR104, or approved equal. Each shall have a factory- engraved legend plate as shown on the contract drawings or corresponding to the function of the indicating light. C. Control Relays. Control relays shall be plug -in type with 115 volt AC or 24 volt DC coils and 10 -amp contacts or low - profile power relays unless otherwise shown. Plug - in relays shall be base - mounted to a common mounting channel. Mounting dimensions and drilling for AC and DC relays shall be identical. All AC relays shall be Square D Class 8501 Type C and Type K, General Electric, Westinghouse, or approved equal. d. Time Delay Relays. Time delay relays shall be solid state plug -in type with 120 -volt AC or 24 -volt DC coils and 10 -amp rated contacts, unless otherwise noted. Relay shall have calibrated time range dials, with linear timing ranges, adjustable with top mounted knob. Screw adjustment is not acceptable. Relays shall be Square D Type JCK, General Electric, Westinghouse, or approved equal. e. Push Buttons. Push buttons shall be of the round configuration rated 10 amperes at 600 volts, and shall be heavy -duty, oil -tight (NEMA 13) for indoor enclosures and corrosion- resistant/watertight (NEMA 4X) for outdoor enclosures. Switches shall have the number of poles, color of button, and contact configuration shown on the contract drawings. Push buttoned shall be Allen - Bradley Type 800T or 800H Series, CONTROL PANELS, CABINETS, AND CONTROL DEVICES 17200 -6 120/240 VAC Power 120 VAC Control Hot Black PLC/RTU Output Red Neutral White PLC/RTU Input Orange Ground Green All Other Control Violet B. Instrumentation And Control Devices General. Products of the same type shall be of the same make. This applies without exception to equipment for this project. Control devices shall be identified (labeled) with its assigned tag number. Enclosures and outlet box mounted devices shall be provided as follows: a. Selector Switches. Selector switches shall be rated 10 amperes at 600 volts, shall be heavy -duty, oil-tight (NEMA 13) for indoor enclosures and corrosion- resistant/watertight (NEMA 4X) for outdoor enclosures. Switches shall have the number of positions, contact arrangement, and poles as shown on the contract drawings. They shall be General Electric Type CR 104, Square D Class 9001, Cutler - Hammer Type T, Type SK and K, Allen Bradley HOOT and 800H series, or approved equal. Each shall have a factory- engraved legend plate as shown on the contract drawings, or corresponding to the function of the switch. b. Indicating Ligb&s. Unless indicated as window type, indicating lights shall be 24V or 120V full voltage, push -to -test type and shall be heavy -duty, oil -tight (NEMA 13) for indoor enclosures and corrosion- resistant/watertight (NEMA 4X) for outdoor enclosures. Each shall be nickel- plated with a screwed -on glass prismatic lens approximately one -inch diameter. Lens color shall be as shown on the contract drawings. Indicating lights shall be Square D, Class 9001 Type KT, Cutler- Hammer Type T, Allen- Bradley 800T and 800H Series, General Electric, Type CR104, or approved equal. Each shall have a factory- engraved legend plate as shown on the contract drawings or corresponding to the function of the indicating light. C. Control Relays. Control relays shall be plug -in type with 115 volt AC or 24 volt DC coils and 10 -amp contacts or low - profile power relays unless otherwise shown. Plug - in relays shall be base - mounted to a common mounting channel. Mounting dimensions and drilling for AC and DC relays shall be identical. All AC relays shall be Square D Class 8501 Type C and Type K, General Electric, Westinghouse, or approved equal. d. Time Delay Relays. Time delay relays shall be solid state plug -in type with 120 -volt AC or 24 -volt DC coils and 10 -amp rated contacts, unless otherwise noted. Relay shall have calibrated time range dials, with linear timing ranges, adjustable with top mounted knob. Screw adjustment is not acceptable. Relays shall be Square D Type JCK, General Electric, Westinghouse, or approved equal. e. Push Buttons. Push buttons shall be of the round configuration rated 10 amperes at 600 volts, and shall be heavy -duty, oil -tight (NEMA 13) for indoor enclosures and corrosion- resistant/watertight (NEMA 4X) for outdoor enclosures. Switches shall have the number of poles, color of button, and contact configuration shown on the contract drawings. Push buttoned shall be Allen - Bradley Type 800T or 800H Series, CONTROL PANELS, CABINETS, AND CONTROL DEVICES 17200 -6 B. Wirine 0 0 Wiring Installation. All wires shall be neatly rum in plastic wireways except: (1) wiring run between mating blocks in adjacent sections; (2) wiring ran from components on a swing -out panel to components on a part of the fixed structure; and (3) wiring run to panel- mounted components. Wiring run from components on a swing -out panel to other components shall be made up in tied bundles: These shall be tied with nylon wire ties and shall be segued to panels at both sides on the hinge loop so that conductors are not stained at terminals. Sufficient amounts of plastic wireways (Panduit) shall be available to neatly store all field wiring. Include a fuse protective device ahead of the incoming power. All panels and cabinets shall meet the requirements of the NEC, UL, etc. and shall conform to the following minimum requirements. a. Wiring run to control devices on the front of enclosures shall be tied together at short intervals with nylon wire ties and secured to the inside face of the enclosure. b. Wiring to rear terminals on enclosure- mounted instruments and controls shall be run in plastic wireways secured to horizontal brackets ran above or below the instruments and controls in about the same plane as the rear of the instruments and controls. C. All wiring shall be done in straight runs always parallel and normal with enclosure surfaces. Wiring to terminals shall be tied and spaced in an orderly manner with sufficient space between the bundle and the terminal to allow easy removal of wire from the terminal for testing, etc. d. All enclosure single wires shall be terminated with crimped post or tinned conductors. Multipair signal cables and where special conditions exist, single wire and pairs shall be terminated with insulated wire pin connectors. Unless otherwise noted, no bare copper, stranded, or solid conductor wire shall be connected to any equipment or device terminals. e. All copper parts, wire, terminals, etc. shall be tin plated to prevent deterioration by corrosive environment. f. Instrumentation and control enclosure components shall be powered by 120 VAC, 6011z., single phase unless otherwise indicated. Surge protection power strips shall be used for all plug -in instruments and controls. Individual powered units that are wired directly to power terminals shall have separate power terminals for each unit. 2. Conductor Identification. Provide each circuit conductor by a single unique wire number and show them on all shop drawings. These numbers shall be marked on all conductors at every terminal using white numbered wire markers which shall be permanently marked heat -shrunk plastic. Wire numbering method for control circuits shall have a tag no. I.D. These shall be 1, 2, 3, 4 digits, and letter combinations. Instrumentation signal circuit conductors shall be tagged with ISA Loop Tag Numbers. Black and white wires from the circuit breaker panelboard or load center shall be tagged including the 1- or 2 -digit number of the branch circuit breaker. CONTROL PANELS, CABINETS, AND CONTROL DEVICES 17200 -8 0 9 C. Installation and Commissionme General. Fabrication, installation, wiring, testing, calibration, validation, start-up, and instruction for Instrumental and Control sball be in accordance with the specifications. Panel- mounted equipment shall be completely assembles at the I&C Systems supplier's facility. Perform complete operational acceptance tests witnessed END OF SECTION CONTROL PANELS, CABINETS, AND CONTROL DEVICES 17200 -10 u b. Discrete Inputs: Two C. Discrete Outputs with Interposing Relay: One d. Analog Outputs: One e. Empty Rack Slots: Four C. Programmable Logic Controller (PLC) Component Manufacturer 0 The PLC components including 110 modules, shall be manufactured by Allen - Bradley. D. Programmable Logic Controller (PLC) Backplane Mounting Rack The PLC backplane mounting rack shall be a ten slot rack, minimum. Refer to existing 1/0 and the minimum spare rack slot requirements above, and increase the size of the backplane mounting rack. E. Programmable Logic Controller (PLC) Controller Module The logic and variable memory shall be read/write RAM. All RAM shall have integral battery backup that will maintain the memory for a minimum of six months upon a utility power failure. The logic and variable memory shall have a sufficient ladder logic location for programming all specified functions plus 25K spare memory. F. Programmable Lops Controller (PLC) 1_ The PLC shall be an Allen - Bradley and shall consist of the following: a. SLC 5/04 processor, w/ 64K user memory, 1747 -1-543. b. 16 -slot 1/0 chassis, 1746 -A10 C. 120 VAC input, stand alone power supply, 1746 -P2 d. 16- paint, 120 VAC digital input module, 1746 -IA16 e. 16- point, 120 VAC digital output module, 1746-OA 16 8 /16- point, differential/single -ended analog input module, 1746 -N18 g. 4- point, isolated analog output module, 1746 -NO4I G. Local Operator Interface Provide an Allen - Bradley PanelView 1000e color flat Panel display with keypad terminal as a local operator interface on the front of the PLC control panel. Provide all cables and connectors to connect to the PLC. PROGRAMMABLE LOGIC CONTROL SYSTEM 17300 -2 • i when the total ammonia is less than 0.5 mg/L as nitrogen, ammonia will also be injected. C) Reservoir Mixinz Points. If the total chlorine residual in the water being stored by the reservoir falls below 2.5 mg/L, sodium hypochlorite will be injected into the reservoir at the four mixing points. No ammonia will be injected here. b. Disinfection Equipment The equipment for disinfectant injection and monitoring includes five sodium hypochlorite injection metering pumps (SH -1 through SH -5), four ammonia injection metering pumps (AM -1 through AM -4), two ammonia analyzers (AE -1B and AE -1D) and four chlorine residual analyzers (AE -IA, AE -1C, AE -2 and AE -3). In addition, four motor operated ball valves (MOV -1 through MOV4) are provided to control the delivery of disinfectants to the reservoir influent and effluent pipelines and three solenoid valves (SV -1 through SV -3) are used to provide the disinfectant with dilution water. The flow signals from two existing flow meters on site (F -1 and F -2) and one existing external flow meter will also be used to control the disinfection injection rates. The functions of the various equipment are as follows: ii. Metering Pumps SH -1 and SH -2 are for injection of sodium hypochlorite into the reservoir influent pipeline, one duty and one standby. iii. Metering Pump SH -3 is for injection of sodium hypochlorite into the reservoir effluent pipeline. Metering Pump SH -5 is for injection of sodium hypochlorite into the reservoir mixing points. Metering Pump SH-4 will serve as the standby unit for either SH -3 or SH -5. iv. Metering Pump AM -1 and AM -2 are for injection of ammonia into the reservoir influent pipeline, one duty and one standby. V. Metering Pump AM -3 and AM4 are for injection of ammonia into the reservoir effluent pipeline, one duty and one standby. vi. Analyzers AE -IA and AE -1C respectively monitor the total chlorine residual in the reservoir effluent and influent pipelines. Analyzers AE -113 and AE -I D respectively monitor the ammonia- nitrogen concentrations in the reservoir effluent and infleunt pipelines. vii. MOV -1 and MOV -3 control the delivery of ammonia to the two alternative points on the reservoir influent pipeline. viii. MOV -2 and MOV4 control the delivery of sodium hypochlorite to the two alternative points on the reservoir influent pipeline. ix. SV -1, SV -2 and SV -3 respectively controls the delivery of the dilution water to the reservoir influent pipeline, effluent pipeline and mixing points. PROGRAMMABLE LOGIC CONTROL SYSTEM 17300-4 Notes: L Upon the starting of either SH -1 or SH -2, SV -1 will open to permit flow of dilution water into the sodium bypochlorite injection system. SV -1 will close when both of SH -1 and SH -2 is shut down. The signals AE-1C and AE -1D to the main PLC will be 4 to 20 mA, but the signals will not be continuous. The signals from AE -1 C will be transmitted once every 2.5 minutes and the signals from AE -ID will be transmitted once every 5 minutes. Hence, the control signals from the main PLC to the metering pumps will remain at the same level until a new reading from the analyzer is received by the PLC. 2. The formulas above are based on a maximum capacity at 20 mA of 65 gpd for the ammonia metering pumps and a maximum capacity at 20 mA of 848 gpd for the sodium hypochlorite metering pumps. a. Disinfectant Injection into Reservoir Influent Pipeline for NIWD Water Feed. MOV- 1 and MOV -2 will close and MOV -3 and MOV-4 will open. The flow control signal will come from the external MWD flowmeter. Otherwise, the operation of the equipment is the same as disinfection injection into the well water feed line described above. b. Disinfectant Injection into Reservoir Influent Pipeline for Combined Feed of Well Water and MWD Water. MOV -1, MOV -2, MOV -3 and MOV4 will open. The flow control signal will come from both F -I and the external MWD flowmeter. The operation of the equipment is the same as disinfection injection into the well water feed line described above, except that the "Q" value in the meter pump speed control formulas will be the sum of the flow signals from the two flowmeters. C. Disinfectant Injection into Reservoir Effluent Pipeline: When water is being drawn out of the reservoir, F -2 will provide the main PLC with the flow signal, AE-IA will provide the signals for total chlorine residual while AE -111 will provide the signals for ammonia- nitrogen concentrations. If the chlorine residual is 2.5 mg/L or higher and ammonia- nitrogen is 0.5 mg/L or higher, or if the flow is 0, no disinfectant will be injected. Otherwise, the main PLC will transmit 4 to 20 mA signals to the associated metering pumps to regulate the disinfection injection rates as follows: If the ammonia- nitrogen concentration should be less than 0.5 mg/L and the flow is not 0, the PLC will start Metering Pump AM -3 or AM-4 and regulate the pump speed with control signals in accordance with the following formula: MA = 16(QRQ — QR) /(QoRo) + 4 Where MA = Milliamp signal from the PLC to the metering pump Ro = desired ammonia- nitrogen residual concentration in mg/L, an operator adjustable constant, initially set at 0.5 mg/L R = ammonia - nitrogen concentration in mg/L as measured by the ammonia analyzer PROGRAMMABLE LOGIC CONTROL SYSTEM 17300 -6 0 0 B. PLC Controller Programming Requirements The contractor shall perform programming of the PLC Controller. The contractor . shall use the Freedom Automation, Inc to program the PLCs and control system. Contact information is as follows: Freedom Automation, Inc. 3753 Mission Ave. Suite IOTA Oceanside, CA 92054 (760) 231 -6192 Contact: Dino Brillo 2. The Contractor shall provide PLC Controller programs to integrate into new hardware to District's requirements. C. Power Source 1. The power source for the PLC system shall be an Unintetruptible Power Supply for 120 - volt AC powered systems. D. Testing Test System per Section 17000. E. Input/Output Wiring All field wiring shall connect to field terminals. Do not connect field wires directly to the PLC Input/Output Modules. 2. Install wiring from the PLC InputtOutput modules to field terminals for all spare module inputs and outputs. END OF SECTION PROGRAMMABLE LOGIC CONTROL SYSTEM 17300 -8 1 r 0 2. External batteries shall be sealed leak proof and maintenance free, and mounted adjacent to the UPS main unit. 3. The UPS unit shall be mounted in a freestanding cabinet provided by the manufacturer. 4. The UPS system shall meet the following requirements: a. Input/output voltage: 120 volts ac, single phase, 60 Hz. b. Minimum output rating: 1.15 kVA 5. Provide higher rating as required based on specified equipment and minimum operating time requirement (see below for time requirement). a. Output Harmonic Distortion: 5 percent maximum at full load. b. Frequency stability: +/- 0.5 percent. C. Voltage regulation for line and load: +/ -2 percent. d. Overload capacity: 125 percent for 3 seconds. e. Full recharge time: 48 hours. f. Battery lifetime: 3 years at ambient temperature 45 C. g. Isolation/maintenance bypass switch. 6. The UPS system shall be capable of delivering power to the connected load for the minimum time duration for 2 hours. 7. The UPS system shall be "FERRUPS" as manufactured by BEST Power Technology only, no equal. PART 3- EXECUTION A. General 1. Install the UPS system in the designated location according to manufacturer's instructions. B. UPS Status Monitoring 1. Install wiring from the UPS to the facility PLC. Status contacts internal to the UPS shall be connected to the PLC as follows: a. UPS NormaWPS On Battery: This contact shall be closed when the UPS is running in Nominal mode (line power), and open when the UPS is running in Battery mode (battery power). UNINTERRUPTIBLE POWER SUPPLY 17400 -2 C1 i DETAIL DRAWINGS 'IMF ak � � \ \\ � � � � /\ � � 'IMF ak � �� � \/ ���� 2 \����\ » « � `� \ \ §: ��<<_ \� _- C� ®% \�� / /� }� / 2; d d: �� mew > «� , � � � � � � � � . �� \ , ssz CONSTRUCTION NOTES GENERAL: INSTALL EQUIPMENT TO PROVIDE NEC WORKING CLEARENCE MIN. 36" IN FRONT OF CONTROL PANEL. PROVIDE CONTROL /MONITORING CIRCUIT AS REQUIRED BY THE CITY (NOT SHOWN). O1 EXISTING CONDUIT AND CONDUIT BODY WITH 48OV, 30, 15AMPS POWER SUPPLY FROM PANEL "A" IN OPERATION BUILDING. O REMOVE EXISTING ACTUATOR MOTOR STARTER & OPERATOR SWITCH, AND INSTALL NEMA 4X PULLBOX(6 "x8 "x4 "DEEP, MIN.). TAP EXISTING ACTUATOR CIRCUIT AND CONNECT TO (2) MANUAL MOTOR STARTERS AS SHOWN. O MANUAL MOTOR STARTER, NEMA 4, 480V, 30. HORSE POWER RATING SHALL BE GREATER THAN ACTUATOR MOTOR SIZE. O4 3 #12, 1 #12G IN EXISTING CONDUIT TO VALVE ACTUATOR WHICH REPLACE EXISTING MOTOR ACTUATOR. SO 3 #12, 1 #12G IN 1/2 INCH CONDUIT TO VALVE ACTUATOR WHICH REPLACE EXISTING MANUAL HANDWHEEL. QBIG CANYON RESERVOIR s VALVE TETRATECH REPLACEMENT FIGURE VR -5 z ICI � . . r• 0.4 O.D. 0 lot - 01 -I C aa r •OPTIOAM EXCRVRTION LIAE'S 3/4 1(/ HMO* ,7 IM ro 110-1 " MIN. SOIL, TYPICAL 1. TR 4M WIDTH SILL BE O. D. t 12' MINDW, OR D. D. t 20' tMIhW, LAMMING THIDO ESS OF TRENCH ShMIAG OR StEETVC 2. BRCITJU SHU BE PER STRLZRRD SPECIFICRTIONS SECTION 305 -1.3, EXCEPT THRT RELRTIVE COMPRCTION S1R-L. BE 90 PERCENT MINI". 3. WEN 7W MRXIMLlAt TRUCI WIDTH IS L7MVED, TW CONSTRRCTOR Sf#.L SUBMIT TO THE EAGINEER FOR RPPROVjc , DRAWINGS WITH aWTANTIRTING . ENGMERIAG M.C7.LRTIONS FOR 7HMF MODIFICATIONS OF PIPE S7REM774 FA&M BEDDING WHICH WILL PROVIDE AN IN-PLM FRCTOR OF SAFETY EQUIMENT TO THRT PROVIDED IN M CONTRRCT. 4. BEDDING SI#)LL BE PER STAND SPECIFICRTIONS SECT70M 306- 1.2.1, EXCEPT 7MT: (R.) CLRES 100 -E -100 allM?Y MRY BE SLBSTInM FOR SWED BEDDING RT THE CONTRRCTOR'S OPTION RND SOLE EM EE. (B.) MLWM BEDDING SHALL BE HAND TWO TO 90Z RELRTIVE COW CTION MINIM N FOR PVC, RPM, N, RND �LL 07WR FLEXIBLE PIPE INSTRURTIME. MERLON THE REMRIMER OF BEDDING (MOVE SPRINGLIAD MY BE CalPRC7ED C3NCURREMLY WITH THE BRCKFILL. 5. TRENCH RESLRFPCING SHALL BE PER STD.- 105-L. CITY OF NEWPORT BERCH R�ROVEDe /f PUBLIC WORKS DEPRRTMENT DIRECTOR OF PUBLIC MOWS R.C.E. NO. 12806 P I PE BEDD I1VG 1�TE SOLE N.T.S. 28 Sep 1393 D~ M. GRncrn STD -106-1 I TO TOP OF FABRIC 11 �� Y�VV'J,ii WX 1" STEEL TENSION BAR BANDS SPACED AT le INTERVALS EE NOTE I TEEL TENSION WIRE EE NOTE 3 :S TIGHTENER k GROUND LNE 1 ,> FEEL TENSION WIRE PC CONCRET TYPICAL FENCE ELEVATION 5" FROM TOP OF FENCE - p A1N LAW FABRIC. FOR CONFIGURATION OF TOP B. BOTTOM EDGE OF FABRIC SEE SPECIFICATIONS. WIRES N F j fA OW LE O0 --{ OVER EO SE INTERMEDIATE POST DETAIL fERMEDIATE AND SLOPE POSTS ALL BE INSTALLED AT NOT ME TKAN 300' MERALS DNS FENCE LINE AID AT IADE CHANGES EXCEEDING 5% SO APPUCASLE TO CNAMAVL :NCE. II�—F" CLEAR OPENJIM FABRIC TO POSTS j1 +:II GREATER 3- WITH CMIN TYPICAL RAIL 8 TENSION ROD PANEL • 711�r'l� • +i�� +• ♦ ♦ ♦♦+ i�� iii � +i � +i�l�' I i�ir�ij TOP OF 1F WALL THICKNESS CMAlXL WALL L jCF,' IS LESS THAN 8, BOTTO INSTALL FENCE ASRIC OUTSIDE THE WALL CHANNEL WALL AND WINGWALL DETAIL AT HEADWALL ADOPTED FROM RMERICM PUBLIC WORKS RSSOCIRTION STRNDRRD'PL:N 600 -0 CITY OF NEWPORT BEACH DRRM F. T. DRTE 1.15/91 FDIC WORKS DEPARTMENT FPPROVED CHAIN LINK FENCE' AND GATES R`.'E.I O. 806IRECTOR s Is ! °s s =a gat a 3 t.2.- fi O �pe� aY d Toi Y� 4 F B� i g ' g13sS� °g7 h r_ Ek e _ 9� p Nil J n r ItOD -L 1 a: av n r :114 �g z so r a= PLAN J'n 85 to J' Q Q N N� Z W WOMEN; 101111111111p`]11111 X01111111 19IM11M.011 ���,N �E8111IIIIIH 16Er1rC111011 R; e •��0G6�Cb5b�y�i�� I�01IIIIIII9IIIIII �A1111111e111111 80111111111 MMERSE ©II111119II111111' 10511E��1�� 09��00d00�0�01111 PLAN J'n 85 to J' Q Q N N� Z W �101111111111WIIr1 WOMEN; X01111111 19IM11M.011 ���,N �E8111IIIIIH 16Er1rC111011 R; e •��0G6�Cb5b�y�i�� ���■�GG��WIKi 80111111111 �91111111001Q0011 �AIII��IaIa�I�llil 10511E��1�� 09��00d00�0�01111 !! wow 0600119000 �101111111111WIIr1 X01111111 �w_weww � ���,N �E8111IIIIIH R; e �001111IIWWIyI��l1 �91111111001Q0011 �AIII��IaIa�I�llil 09��00d00�0�01111 !! wow 0600119000 @111111 ii ©EIrIII191I11I1 J CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT OF 10 Agenda Item No. 7 February 10, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Michael J. Sinacori 949 - 6443311 msinacod@city.newport- beach.ca.us SUBJECT: BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION SYSTEM - AWARD OF CONTRACT NO. 3037 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3037 to Banshee Construction Company of Colton, California for the Total Bid Price of $5,664,015.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $450,000.00 to cover the cost of unforeseen work and estimated bonus for early completion. 4. Approve a Professional Services Agreement with Tetra Tech, Inc., for Construction Support Services for a fee of $54,500.00. 5. Approve a Professional Services Agreement with PBS &J for Construction Inspection Services for a fee of $229,108.00. 6. Approve a Professional Services Agreement with Hilts Consulting Group, Inc., for Floating Cover Advisor Services for a fee of $84,000.00. 7. Approve a Professional Services Agreement with URS Corporation for Geotechnical Services for a fee of $24,480.00. 8. Approve a Budget Amendment in the amount of $1,962,587.00 from Un- appropriated Water Enterprise Fund Reserves and $17,300.00 from Grant Fund Contributions to Account No. 7503- C5500690 and increase revenue estimates in to Account No. 500 -4841, EPA Grant. Subject: Big Canyon Res it Floating Cover And Disinfection System -Award of Contract No. 3037 February 10, 2004 Page: 2 DISCUSSION At 2:00 P.M. on January 27, 2004 the City Clerk opened and read the following bids for this project: BIDDER Low Banshee Construction Company 2 Pacific Hydrotech Corporation 3 Griffith Company 4 Pascal & Ludwig Constructors TOTAL BID AMOUNT $5,664,015.00 5,783,518.00 5,950,000.00 6,018,000.00 * Corrected Bid Amount is $5,995,000.00 The low total bid amount is 2 percent above the Engineer's Estimate of $5,540,000.00. The low bidder, Banshee Construction Company, possesses a California General State Contractors License Class "A" as required by the project specifications. In addition, their sub - contractors assigned to complete the covering portion of the contract (roughly 2 million dollars of the project) also have the required experience to complete the project. A check of the Contractors references indicates they have satisfactorily completed road and bridge projects for other municipalities and have done significant work with Caltrans. They have limited experience in this particular type of water resource work, but have assembled a team of well respected sub - contractors in this field to expand their business in the industry. In their most recent water project very favorable comments were received from the agency. BACKGROUND The Big Canyon Reservoir (BCR) is a 600 acre -foot (200 million - gallon) potable water storage reservoir located in Corona del Mar. The full capacity of the reservoir provides the City with 10 days of average water demand storage. If an emergency takes place within the City, those 10 days could be extended by implementing water conservation measures. During the 1950's, the City's wells in Huntington Beach began to experience saltwater intrusion. As a result, the BCR facility was constructed in the 1960's as a main delivery point for the imported Metropolitan Water District supply and the City's wells were subsequently abandoned when the BCR was put into service. An open water reservoir was an acceptable facility in the 1960's; however, as water quality standards have become more stringent over the years, the Department of Health Services (DOHS) mandated the City cover its reservoir or abandon the facility. This mandate has been in effect since 1994. At that time, the City was designing and constructing the Groundwater Development Project and funding was already committed to this effort. The City planned to comply with the mandate and cover the reservoir by setting aside reserves to complete the multi - million dollar project. After four years of applications to EPA, staff was successful last year in securing $867,300.00 in federal funding assistance. 0 0 Subject: Big Canyon Reservoir Floating Cover And Disinfection System - Award of Contract No. 3037 February 10, 2004 Page: 3 Per the contract specifications the Contractor will have 200 consecutive working days to complete the work. The specifications also included a Council directed bonusipenalty clause to provide an incentive to complete the project early ($3,000.00 per day). Council received a detailed presentation of the work to be completed at their September 23, 2003 Study Session. CONSULTANT SUPPORT SERVICES For a project of this magnitude, outside construction support services will be required. In addition, with the Council directed bonus /penalty clause included in the contract documents, the construction activities will require more than full -time attention.to this project to address the extensive requests for inspection from the contractor. Four main firms will be involved in assisting the City to complete this project: Tetra Tech, Inc. is the project design firm providing construction support for shop drawing review, responding to request for clarification and record drawings; PBS &J will provide project inspection and administration; Hilts Consulting Group will provide oversight for the cover installation beginning with material manufacturing and fabrication oversight along with part-time installation observation and advising, and URS will provide the necessary geotechnical services. Tetra Tech, formerly ASL Consulting Engineers, was hired in 1995 to design the floating cover. In June 2002, the City Council approved an amendment to Tetra Tech's contract to include the new disinfection facility which became integral to the cover design. Tetra Tech's expertise will be required to review the multitude of shop drawings, requests for clarification (RFC's), and requests for information (RFI's). On a project of this magnitude we could be looking at a few hundred documents that require detailed review and City approval. Tetra Tech will work in concert with our Utilities Department staff to ensure the best quality products and components are being provided for this project. They will also prepare the Record "As Built" drawings at the completion of the project. The team of PBS &J and Hilts Consulting was used on the 2001 replacement of the El Toro Water District's (ETWD) floating cover. The ETWD staff highly recommends these experts who inspected their cover of roughly the identical size as the Big Canyon Reservoir. The same inspection staff from PBS &J is available for this project, which will be a full -time inspection assignment along with administrative support. By using this same team, the City can draw on the ETWD experience and the lessons learned on that project. Doug Hilts has worked on several floating cover projects over his 20 -year career. Mr. Hilts is considered the industry expert on floating covers who spent the first 10 years of his career working for the Metropolitan Water District managing 3 major floating cover projects. Mr. Hilts will oversee the manufacturing and fabrication of the cover material. He will also be on site during the installation to insure proper construction. URS performed the recent seismic evaluation of the Big Canyon Reservoir Dam and assessed the bottom conditions for Tetra Tech during the cover design process. Their construction support services will include oversight for the reservoir asphalt bottom Subject Big Canyon Reservoir Floating Cover And Disinfection System -Award of Contract No. 3037 ' February 10, 2004 Page: 4 repairs and installation and overall testing services related to the structural elements of the disinfection facility and new access roads. Staff believes the consulting team of Tetra Tech, PBS &J, Hilts Consulting, and URS will be key for the successful and timely completion of this critical project. Professional Services Agreements for the four firms are attached for Council consideration. Environmental Review: A Negative Declaration in accordance with the California Environmental Quality Act (CEQA) has been prepared and approved by the City Council on June 27, 1994. An environmental document in accordance with the National Environmental Policy Act (NEPA) was developed by EPA as part of the implementation of the grant program. The NEPA document and associated Finding of No Significant Impact (FONSI) was issued in December 2003. Fundino Availabili A Budget Amendment is required to complete this project. The FY 2003/04 CIP for the covering project identified a contribution of $850,000.00 in federal funding. The final approved EPA Grant Award is $867,000.00. An additional $1,962,587.00 needs to be appropriated from the Un- Appropriated Water Enterprise Fund reserves. The City has anticipated this expenditure and has set aside funds over the last several years to . accomplish this project. Upon approval of the recommended Budget Amendments, sufficient funds will be available in the following accounts for the project: Account Description Account Number Amount Big Canyon Reservoir Covering (Water Fund) 7503- C5500690 $5,818,018.00 Big Canyon Disinfection Improvements (Water Fund) 7503- C5500689 $688,085.00 TOTAL $6,506,103.00 Prepared by: t Submitted bye/ J. Sinacori, P.E. �S46 n G. Badum I Engineer PutIfic Works Director Attachments: Bid Summary Professional Services Agreement with Tetra Tech, Inc. Professional Services Agreement with PBS &J Professional Services Agreement with Hilts Consulting Group Professional Services Agreement with URS, Inc. 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FOR BIDDING AND CONSTRUCTION SERVICES THIS AGREEMENT is made and entered into as of this _ day of , 20_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and TETRA TECH, INC. a Corporation whose address is 16241 Laguna Canyon Road, Suite 200, Irvine, California, 92618 ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to install a floating cover and new disinfection facilities at the Big Canyon Reservoir (the "Project "). C. City desires to engage Consultant for Bidding and Construction Phase Services for the Project. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Steve Tedesco, P.E. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the _ day of 2004, and shall terminate on the 31s` day of January 2005, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The 0 0 City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Agreement, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. In no event shall Consultant's compensation exceed Fifty Four Thousand Five Hundred Dollars and no /100 ($54,500.00) without additional authorization from City. No billing rate changes shall be made during the tens of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 2 4.2 City shall reimburse Consultant only for those costs or expenses Asspecifically approved in this Agreement, or specifically approved in 2 Ll 0 advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the is services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of services for this Agreement, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Steve Tedesco to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel services under this Agreement without the prior written consent of City. City s approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously fumish the necessary personnel to complete the services on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Michael J. Sinacori, P.E. shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 0 3 0 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new . facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate . with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. fl 0 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and 1101 hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted under this Agreement (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION 5 E Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the • work to be performed. City agrees to cooperate with the Consultant. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that havwbeen scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. • A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. I. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of N. the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with . the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers. the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: I. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess 7 insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the • Consultant under this Agreement will be permitted only with the express written M consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY 0 All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 29. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. LJ 0 21. RECORDS • Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 10 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Michael J. Sinacori, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Phone: 949 - 644 -3342 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Steve Tedesco, P.E. Tetra Tech, Inc. 16241 Laguna Canyon Road, Suite 200 Irvine, CA 92618 Phone: 949 - 727 -7099 Fax: 949 - 727 -7097 27. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of 11 is termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 31. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govem. 32. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 33. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 12 34. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 35. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach TETRA TECH, INC.: 0 Steve Tedesco Vice President Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f: luserslpbwlsharedlagreementslfy 03- 041tetra tech -bcr floating cover.doc 13 9 11 0 u E TETRATECH, INC. Infrastructure Services Group October 7, 2003 Mr. Michael J. Sinacori, P.E. Utilities Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 OU Y 7gy3 Reference: Big Canyon Reservoir Floating Cover and Disinfection Facilities Proposal for Bidding and Construction Phase Services Dear Mr. Sinacori: Tetra Tech, Inc. is pleased to submit this proposal to provide bidding and construction phase services for the Big Canyon Reservoir Floating Cover and Disinfection Facilities Project. Bidding Phase Services Following our submittal of signed plans and specifications to the City, bidding services to be provided to the City shall include: 1. Coordination and response to questions from contractors and.equipment suppliers. 2. Attend the prebid conference and job walk- 3. Preparation of any addenda. 4. Review of bid results. It is anticipated that the bidding phase will be approximately 45 days, with a bid opening scheduled for November 2003. Construction Phase Services The construction phase services will consist of the following tasks: 1. Shop Drawings will be reviewed for items including the floating cover, disinfection facilities, mechanical equipment, piping, site work, electrical, instrumentation and structural. 2. Requests for Clarification (RFC) will be addressed from the contractor. The proposal assumes an average 40 RFCs from the contractor will be addressed. 3. Site Visits/Meetings - Up to 12 site visits/project meetings will be attended by Tetra Tech staff to meet with the City and contractor. 4. Review of contractor change orders. We have assumed assistance with 4 to 5 change orders. 5. Record Drawings - Upon completion of construction, the contractor's red line plans will be used to prepare record drawings. Both mylars and electronic files will be updated accordingly and provided to the City. 6. Reimbursable expenses include mileage, printing, mylars, etc. 16241 Laguna Canyon Road, Suite 200, Irvine, CA 92618 Tel 949.727.7099 Fax 949.727.7097 www.tetMtech.com EXHIBIT A TETRATECH, INC. Infrastructure Services Group Mr. Michael J. Sinacori, P.E. October 7, 2003 Page 2 The construction phase schedule is estimated to start in December 2003 and be completed in October 2004. The total construction time is 200 working days. The Scope of Services and Fee Schedule are presented in the attachments. The total requested fee for bidding and construction phase services is $54,500. We look forward to continuing this project through completion. Sincerely, Steve Tedesco, P.E. Vice President SDT /SE:cg JA0606\0055V- 007se.doc(100) Attachments 0 0 TETRA TECH, INC. CITY OF NEWPORT BEACH Big Canyon Reservoir Floating Cover and Disinfection Facilities SCOPE OF SERVICES The following additional services are provided for the bidding and construction phase of the project: Bidding Assistance Shop Drawings RFCs/Change Orders Site Visits/Meetings (12) Record Drawings Reimbursibles $ 6,000.00 $ 26,000.00 $ 9,000.00 $ 8,000.00 $ 4,500.00 $ 1.000.00 Total $ 54,500.00 Our billing rates are presented in the attached rate schedule per Exhibit "A ". JA0606\0055U- 007se.do (3 00) 0 0 TETRATECH, INC. EXHIBIT "A" 2004 . HOURLY CHARGE RATE AND EXPENSE REII IMURSEMENT SCHEDULE Professional Engineering Intern/Technician ................... $ 48.00 Designer /CAD Operator/Engineer I........... $ 89.00 Engineer H and IHfSenior Designer .......... $ 100.00 Biologist ...................... ............................... $ 99.00 Pl anner......................... ..............................$ 99.00 Senior Engineer/Landscape Architect........ $ 115.00 Project Engineer/Project Coordinator........ $ 135.00 Senior Pl anner ............. ............................... $ 140.00 Senior Scientist ........... ............................... $ 140.00 Project Manager /Sr. Project Coordinator... $ 150.00 Senior Project Manager .............................. $ 165.00 Program Director/Project Director ...........:. $ 200.00 Administrative Administrative Clerk ... .:............................. $ 42.00 Word Processor /Admin. Support ............... $ 58.00 Graphic Designer ........ ............................... $ 94.00 Survev/Maonine Survey Technician I .... ............................... $ 90:00 Survey Technician Wield Supervisor...... $ 100.00 Senior Surveyor .......... ............................... $ 115.00 Project Surveyor ......... ............................... $ 135.00 Two-Person Survey Party .......................... $ 185.00 Two - Person Survey Party with GPS.......... $ 225.00 Three- Person Survey Parry ........................ $ 268.00 Survey Travel Time (Two - person) ............ $ 90.00 Survey Travel Time (Three- person) ........... $ 127.00 Construction Management Construction Observer ............................... $ 78.00 Senior Construction Observer .................... $ 85.00 Resident Engineer ....... ............................... $ 120.00 Construction Manager . ............................... $ 150.00 Reproduction, special photography, postage, delivery services, express mail, out -of -area telephone calls, printing and any other services performed by subcontractor, will be billed at cost plus 15 %. Reimbursable In -House Costs Photo Copies (B &W 8.5 "xl F ...... $ 0.10/Each Photo Copies (B &W 11 "x1T')....... $ 0.35/Each Color Copies (up to 8.5 "x11 ") ........ $ 1.50/Each Color Copies (to 11 "x17") .............. $ 2.50/Each Compact Disks . ............................... $10.00/Each Large Format Copies ..................... $ 0.301S.F. Computer Time ............................. $10.00/Hour Mileage ............ ............................... $ 0.40/Mile NOTE: All rates are effective to October 1, 2004. There will be a negotiated increase in rates, 5% minimum per year, for contracts extending beyond October 1, 2004. EXHIBIT B 7:\060610055)1- 007mdoc(100) • 0 0 PROFESSIONAL SERVICES AGREEMENT WITH PBS&J FOR • CONSTRUCTION INSPECTION SERVICES THIS AGREEMENT is made and entered into as of this _ day of , 2004, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and PBS&J a corporation whose address is 175 Calle Magdelena, Encinitas, California, 92024 ( "Consultant"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to install a floating cover and new disinfection facilities at the Big Canyon Reservoir (he "Project "). C. City desires to engage Consultant to provide construction inspection and administrative support services for the Project. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal members of Consultant for purposes of Agreement shall be Gasper A. Chifici, Vice President, and Charles "Skip" Griffin, Jr., Senior Vice President. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the day of 2004, and shall terminate on the 31st day of January, 2005, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of • Services attached hereto as Exhibit A and incorporated herein by reference. The 3. 4. 0 0 City may elect to delete certain tasks of the Scope of Services at its sole discretion. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Agreement, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. In no event shall Consultant's compensation exceed Two Hundred Twenty Nine Thousand One Hundred Eight Dollars and no /100 ($229,108.00) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in 2 E 0 9 0 advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of services for this Agreement, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated John Klimuszko to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel for services under this Agreement without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove personnel assigned to the performance of services under this Agreement upon written request of City. Consultant warrants that it will continuously fumish the necessary personnel to complete the services on a timely basis as contemplated by this Agreement. The Consultant is performing inspection and construction management services for City. The Project Manager and any other assigned staff shall be equipped with a Nextel Plus type cellular /direct connect unit to communicate with City staff. Consultant's Nextel Direct Connect I.D. number will be provided to City to be programmed into City Nextel units, and vice versa. 3 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Michael J. Sinacori, P.E. shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by Il 0 0 reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8.4 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or be in charge of and shall not be responsible for the project's design, City s project contractor ( "Contractor"), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection with the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors' schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or be responsible for acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a .Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on under this Agreement (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 5 10. 11. 12. 13. 14. 0 INDEPENDENT CONTRACTOR 0 It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. U 0 0 B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers 7 0 0 the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). . E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: L The City, its elected or appointed officers, officials, employees, agents'and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. A. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. �J • • 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transferor other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint - venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS . Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon, prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. E 19. 20. 21 22. 23. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction • of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. cl 01 24. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Michael J. Sinacori, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Phone: 949 - 644 -3342 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Gasper A. Chifici PBS &J 175 Calle Magdalena Encinitas, CA 92024 Phone: 760 - 753 -1120 Fax: 760 - 753 -0730 26. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this • Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are 11 reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt . of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 27. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govem. 0 12 0 E 32. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 33. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 34. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Tod W. Ridgeway, Mayor for the City of Newport Beach PBS&J: By: Gasper A. Chifici, Vice President Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f:l userslpbv,Ashared%agreements\fy 03 -04bbs &1-ber floating cover.doc 13 Scope of Services PBS&i's goal is to provide professional services that create value for our clients through technical excellence and innovation DESCRIPTION OF FACHITIES The facility for which this scope of work is intended is the Big Canyon Reservoir for the City of Newport Beacb. The work required for the facility includes the addition of a floating cover and side slope chafer, a sump and rainwater collection system, a cement slurry bottom, repairs to the existing asphalt lining, a sub -drain system, four new mixing pumps, disinfection facilities, an asphalt ramp, and various related appurtenant improvements SCOPE OF SER«CES Based on our experience with similar projects, and our understanding of your needs, the following scope of services describes the anticipated tasks and level of effort anticipated for the construction phase of the Project The Scope is purposely described in terms that allow you to decide upon the level of service you require from us. The is fee proposal that accompanies the Scope is therefore presented in two three separate options. Option 1 includes Construction Engineering only —tbat is, full time project inspection and related tasks. Option 1B includes Construction Engineering and a limited amount of Construction Management oversight, and does not include submittal review, logging, or tracking, which would be done by either the designer, or City staff. Option 2 includes Construction Engineering and full Construction Management & Administration. The extent of construction management services is based upon the following construction phase schedule assumptions. It is assumed that the actual construction will require nine (9) months (approximately 40 weeks) for completion. Based on our experience on similar construction projects, we anticipate that there will be a two - week mobilization and start-up phase involving submittal review and site work that will require only limited on-site project observation. There will then be a 36 -week period of major construction that will require increased project observation, followed by 2 weeks that will require diminishing levels ofproject observation during the punch list and start-up phase. Field Inspection and Resident Engineering during Construction (Construction Engineering) Field Inspection and Resident Engineering services are those services typically performed by a qualified Construction Field Representative or Resident Engineer, with support from a qualified Construction Manager. Each of our Field Comprehensive resources, proven service Section 3, Page I EXHIBIT A Representatives and Resident Engineers is furnished with a vehicle, laptop computer, digital camera, and cellular phone. During the construction of the project, PBSO will provide the following construction phase services, as a minimum: 1. We will provide one full -time on -site Resident Inspector, subject to the City's approval, for project observation and field engineering services during the construction phase, to- assure that the progress and quality of work is in conformance with the contract documents and the City s expectations, and to inform the City of the overall progress. He will prepare Daily Inspection Reports documenting the progress of construction, including notations of visitors to the site, weather conditions, contractor work force and equipment, changed conditions encountered, workmanship, safety concerns, and all associated construction- related issues. The Resident Inspector will also provide daily construction photo documentation. He will document construction activities on a daily basis, and specific issues as they occur. Construction photographs will be taken using a minimum 2.0 megapixel digital camera or 35 mm standard format pocket camera. Standard format film will be developed and scanned onto a CD as digital images. Photo proof sheets with thumbnail images shall be attached to the Daily Construction Progress Reports. All digital files will be transferred to the City upon completion of the project and will be organized by date. The Resident Inspector will report directly to the City's Project Manager for this project. The project is expected to take approximately 9 months to complete. Our Resident Inspector will establish his schedule based upon the Contractor's. 2. We will attend and conduct weekly on -site Construction Team Progress meetings with the Contractor, Designer, sub-contractors, and the City, with a fixed agenda, producing action items with designated responsible parties and due dates. 3. We will issue, process and track Requests for Information (RFIs) for interpretations and clarifications of the contract documents. The appropriate design engineer may review interpretations and clarifications. We will consult and advise the City on the effects of the interpretations and clarifications of the contract documents. 4. We will provide as- needed scheduling services for periodic review, analysis and tracking of the Contractor's construction schedule. 5. We will review, negotiate and make recommendations on construction contract change orders to address contract revisions, design changes, unanticipated field conditions, additional work requests, etc. 6. We will observe initial operation and testing of the completed project, and prepare a punch list of deficiencies and follow up with the Contractor to ensure that the deficiencies are corrected in a timely manner. 7. We will coordinate and manage the City - provided construction materials testing services. It is assumed that the City will provide independent contract construction testing services for items such as cover materials, concrete, rebar, welding, coatings and geotechnical. 1 Comprehensive resources, proven service Section 3, Page 2 E 0 8. We will coordinate and manage the City - provided construction surveying support services. It is assumed that the City will provide independent contract construction surveying support services for items such as boundary control, rough grade stakes, line and grade stakes, finish grade stakes and final grade verification. 9. We will perform a final inspection of the project a. We will schedule and conduct substantial completion inspections, prepare and issue punch lists, and advise the City when the completed facility is acceptable. b. We will provide construction management services and assistance to the City, as required, related to operational aspects of the constructed facility. c. We will prepare a final report documenting the contractor's actual versus planned progress schedule, start-up procedures, the disposition of all claims and disputed change orders that impact the City's long -term interests, and all other pertinent information. d. We will present the City with a complete set of all project records in hard copy and electronic format. We will make certain that changes are made to the drawings based upon Contractor - furnished record of construction changes, and our own independent documentation. e. We will collect from the Contractor all equipment submittal information required for an O&M Manual for the project f. We will provide construction management services to the City during the 12- month warranty period, including 11th month warranty inspection and coordination and inspection of remedial work performed by the Contractor. Other incidental tasks that are included in the above are: Pe Assuming that the State of California's provisions for Prevailing Wage apply with respect to the inspection of this project, and in accordance with the State of California's requirements, PBS&J will prepare weekly Certified Payroll Documentation for this project 0 We will assure that the contractor keeps up with the documentation of all field changes to the plans and specifications. Construction Management and Administration during Construction Construction Management and Administration Services are typically performed by a qualified Construction Manager and/or Resident Engineer, and a part-time off -site clerical assistant When Construction Management and Administration is included in the services we perform, we also add the following Construction Engineering tasks: I. We will support and coordinate the efforts of all subconsultants provided by either the City or by PBS&J. During the construction phase, PBS&J will provide the following Construction Management and Administration services, as a minimum: 1 �. 61 Comprehensive resources, proven service Section 3, Page 3 11 L 0 0 0 1. We will prepare the agenda for and conduct the pre - construction conference, and issue minutes of the meeting within 3 days. 2. We will log, track and review Contractor submittals using Expedition (or other software if the City so desires). The Construction Management team will review all Contractor submittals with the exception of those requiring review by the design engineer. We will consult and advise the- City on the acceptability of substitute materials and equipment proposed by the Contractor. 3. We will coordinate and review lab, shop and null test reports and results of field materials testing, including concrete tests, soils tests, etc. 4. We will provide general construction contract administration services during the construction phase, including such tasks as maintaining and documenting all project records and general correspondence with the City, Designer, the Contractor, and any other stakeholders, using Expedition. We will provide any and all services requested by the City or otherwise required for the proper administration of the construction contract. 5. We will prepare contract revisions, if required, during construction to resolve problems due to unanticipated field conditions or other field changes. 6. We will provide construction cost accounting services during the construction phase, including such tasks as progress payment review, cost accounting, budget tracking, general correspondence with the City and Contractor, etc. We will consult with and advise the City on construction cost - related issues. We will meet with the City regularly, at the City's convenience, to discuss construction - related issues. 8. We will assist the City in the closing of the project with services such as Final Acceptance, claims negotiations, filing of the Notice of Completion, and make recommendations for final payment, and release of retention or securities of the Contractor. Incidental tasks in addition to the above include: + We will prepare and submit monthly progress reports documenting the general progress of the construction, along with the progress of submittal reviews, the status of Urs, any changes to the schedule, status of change orders, and any other pertinent information. 6 We will monitor the contractor's compliance with all construction and site permits, and advise the City on the appropriate course of action to assist the contractor in complying with the permit conditions. Comprehensive resources, proven service Section 3, Page 4 Project Name: Big Canyon Reservoir Client/Owner: City of Newport Beach Project Manager: Blaine Barth Prepared By: Gasper Chifici Proj/Prop No.: Option 1B Date: January 27, 2004 ENGINEERING SERVICES Officer - OFF Senior Program Manager- SPG Project Director - PD Principal Engineer III - PRIII Program Manager- PGM Principal Engineer II - PRII Principal Engineer I - PR Senior Project Manager - SPM Project Manager - PM Senior Project Engineer - SPE Project Engineer 11- SEII Project Engineer I - SEI Senior Engineer - SE Engineer 11- Ell Engineer l- El Engineering Aide II - EAII Engineering Aide I EAI ADMINISTRATIVE SERVICES Financial Manager - FM Administrative Manager - AM Senior Administrative Asst II - SAII Senior Administrative Asst I - SAI Project Analyst - PA Administrative Assistant - AA Administrative Clerk - AC OTHER PROFESSIONAL SERVICES Principal Professional, Division Mgr. - PP Sr. Prof. III, Prog Mgr, Sr. Developer III - SPIII Sr. Prof. 11, Sr. Analyst III, Sr. Devel II - SPII Senior Analyst II, Sr. Developer I - SAD Sr. Prof. I, Sr. Analyst I, Developer 11- SPI Professional II, Analyst II - Pit Professional I, Analyst 1, Developer I - PI $190 $175 $165 $150 $145 $140 $135 $125 $115 $106 $102 $96 $88 $85 $75 $50 $45 $110 $80 $66 $62 $57 $50 $43 $160 $145 $125 $110 $90 $75 $65 FEE SUMMARY ITEM TOTAL Labor $219,888 Outside Services $0 Direct Costs $9,220 TOTAL $229,108 BILLING RATES ENVIRONMENTAL SCIENCE Senior Scientist III - SSIII Senior Scientist 11- SSII Senior Scientist I - SSI Scientist III - Sill Scientist II - SII Scientist I - S1 Assistant Scientist - AS Research Assistant - RA CONSTRUCTION RELATED SERVICES Senior Construction Manager- SCM Construction Manager - CM Senior Project Engr (Const.) - SPEC Prevailing Wage Field Rep. - PWFR Senior Field Representative' - SFR Construction Mgmt Rep. II` - CMII Construction Mgmt Rep. I` - CMI r non - prevailing wage) DESIGN & GRAPHIC SERVICES Senior Design Manager- SDM Senior Designer III - SDIII Senior Designer II - SDII Senior Designer I - SDI Senior Graphics Designer- SGD Designer - DES Graphics Designer - GO Senior CADD Technician - SCT CADD Technician II - CTII CADD Technician I - CTI California Offices in Irvine, Riverside, Encinitas, and San Diego FILE: Big Canyon Reservoir Option 1B.)ds EXHIBIT B $160 $124 $116 $106 $98 $85 $70 $50 $118 $108 $96 $98 $111 $82 $75 $110 $105 $95 $85 $80 $75 $75 $71 $66 $60 • u T O 1.11 m V d N m it 7 0 0 O Q J -'7 Q a 0 n m rn N v Q a a M O 000000 VO. 0000000 N 047 CD co co Go W C) I, CD CD (M c00 VO �O C. 0Om�TONl c•07 cl W 0 OD 01 W a1 LL �� I��Ct>N N C V �N1�— ai c0 C Cis M Ali T T f9 fA E9 69 tH 69 6Y ER f9 � G3 vA N N N f9 f9 C4 N 69 • • LO co LO 1 Mt�9 0 000 V NNCN7 co ,r ON W X00 COO V V N OR'0V S ci 0 0 0 0 0 0 0 0 0 0 • 0 0 0 0 • 0 0 LO f00 N C,4 tnq tnl V V 0 ? O` Cl N T N 7 N N ca V O 0 0 0 t- 0 0 O O O O V N O V o 333 V N N N O O b co V V V T O v O p N U Z tA� v m m� a^ c 0 C C W E f!1 ^ C C.07 yZ N Z C m (!1 '�O •� LL Z t_- g O v Or U ca omEv"0 0) t~il ZLLmaaF�° K -°� aai CA *-5 N N O 0 Q' m 0 ad N 7 y Z L) — � Z Q N mp O O N N� U Co W U1 O O Z a p F m m p F= 2��v'���a°�i�� d.Z c��a 00 WW Er wooa'S yy3!! y E d y_ Q C aCj a"i d "m a) m 12 -- H y Q • N O O ML E Z O C` L > N O O A o IL f+ O y N O 0 T N1 J Ua"CLmX()LL UIL Ua00-wU�00L)E CLW �~ W rN fi V 66 il:6Oi c-N ch V 661 W 6 1-:N as a Q m U 00 a 0 n m rn N v Q a a PBS &J Direct costs DESCRIPTION Pt Task Type Quantity Unit Unit Cost TOTALS Cost Vehicle - Monthly 9 MONTHS $750.00 $6,750.00 Film /Processing 400 PHOTOS $0.30 $120.00 Cell Phone Usage per month 9 VARIES $150.00 $1,350.00 Courier- Next Day 40 TRIPS $20.00 $800.00 Fed Ex 20 PARCELS $10.00 $200.00 TOTAL $9220 SPA PA400 -2/99 Big Canyon Reservoir Option 1B.xls- 127/2004 E • 0 PROFESSIONAL SERVICES AGREEMENT WITH HILTS CONSULTING GROUP, INC. FOR REPRESENTATIVE SERVICES THIS AGREEMENT is made and entered into as of this _ day of 20_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("City"), and HILTS- CONSULTING GROUP, INC. a corporation whose address is 16716 Quail Country Avenue, Chino Hills, California, 91709 ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to cant' on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is� planning to install a floating cover and new disinfection facilities at the Big Canyon Reservoir (The "Project"). C. City desires to engage Consultant to provide manufacturing, fabrication and installation observation services for the cover portion of the Project. • D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E., The principal member of Consultant for purposes of this Agreement shall be Douglas Hilts, S.E. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the _ day of 2004, and shall terminate on the 31st day of January, 2005, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The 0 9 0 City may elect to delete certain tasks of the Scope of Services at its sole discretion. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent-and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Agreement, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. In no event shall Consultant's compensation exceed Eighty Four Thousand Dollars and no /100 ($84,000.00) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in E 9 P J 0 • advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of services for this Agreement, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Douglas Hilts to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel for services under this Agreement without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove personnel assigned to the performance of services under this Agreement upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the services on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Michael J. Sinacori, P.E. shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 3 VA 0 0 CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8.4 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or be in charge of and shall not be responsible for the project's design, City's project contractor ( "Contractor"), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection with the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors' schedules or failure to cant' out the work in accordance with the contract documents. Consultant shall not have control over or be responsible for acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate directly to any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted under this Agreement (including the negligent and /or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of 5 11 12. 13. 14. control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. COOPERATION Consultant agrees to worts closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 0 0 0 D. Coverage Requirements. L General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iii. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: L The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. FA 0 vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint - venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to 01 0 Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings • and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 20. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 0 r� L �J 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the �. Project. 23. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after • the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Michael J. Sinacod, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Phone: 949 - 644 -3342 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Douglas Hilts, S. E. Hilts Consulting Group, Inc. 16716 Quail Country Avenue Chino Hills, CA 91709 Phone: 909- 590 -5200 is 10 i • 25. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 26. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 27. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 11 30. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 31. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 32. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 33. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, A Municipal Corporation By: City Attorney Tod W. Ridgeway, Mayor for the City of Newport Beach for the City of Newport Beach ATTEST: HILTS CONSULTING GROUP, INC.: By: LaVonne Harkless, Douglas Hilts, S.E. City Clerk President Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f:lusers%pbw'sharedlagreements* 03- 041h11ts4)a floe ft cover.doc 0 12 Hilts Consultina Grouu. Inc. 16716 Quail Country Ave. Chino Hills, CA 91709 \� (909) 590 -5200 February 2, 2004 City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 -8915 Attn.: -Mr. Mike Sinacori Big Canyon Reservoir — Floating Cover Project — City Representative Services Mr. Sinacori, Hilts Consulting Group, Inc. (HCG) had completed a peer review for the City of Newport Beach (City) Big Canyon Reservoir Improvement Project. As part of the peer review, HCG reviewed plans and specifications prepared by the City's design consultant, Tetra Tech, and attended coordination review meetings with City personnel and Tetra Tech. The Big Canyon Reservoir Improvement Project is currently advertised for public bidding. HCG would like to submit our proposal to provide City Representative Services for the floating cover aspects of this project. SCOPE OF WORK: HCG would like to submit our proposal for City representative services to assist the City during the construction of the Big Canyon Reservoir Floating Cover Project. HCG's involvement on the Big Canyon Reservoir project is limited to the floating cover portions of work. The scope of work has been jointly defined between HCG and the City and includes the following tasks: Project Management / Coordination • Back check previous peer review comments. Attend peer review coordination meeting with City and Tetra Tech. Attend mandatory contractor pre -bid meeting. Provide coordination with the City and Tetra Tech during construction. Construction Period Support: • Attend kick -off meeting with City, Tetra Tech, and Contractor. U-N �C t� • r-r L-A Big Canyon Reservoir — Floating Cover Project — City Representative Services February 2, 2004 Page 2 of 4 • Review geomembrane manufacturer's quality control / quality assurance plan for the floating cover and chafer. • Review geomembrane fabricator's quality control / quality assurance plan for both the floating cover and-chafer. • Review geomembrane installation contractor's quality control / quality assurance plan for both the floating cover and chafer. • Review contractor floating cover related submittals. Construction Meetings / Site Visits: • Attend weekly construction coordination meetings. This proposal assumes (16) 1 -hour meetings which will be conducted by others. • Site visits during construction of the floating cover. This proposal assumes on site 2 days per week during the construction of the floating cover. The floating cover construction duration is assumed at 16 weeks. Site visits 2 days per week for up to 4 weeks during the initial fill and start up of the floating cover. Interact with the City's inspector (or hired inspector) relative to floating cover construction activities. Off -Site Observations Visits: • Site visit and observation to geomembrane manufacturing facility during - the production of the reinforced polypropylene floating cover material. This proposal. assumes 2 days on site during the manufacturing for a portion of the geomembrane material. This random observation does not assume full -time inspection. • Site visit and observation to geomembrane fabricator facility during the fabrication of the reinforced polypropylene floating cover prefabricated panels. This proposal assumes 2 days on site during the fabrication for a portion of the floating cover panels. This random observation does not assume full -time inspection. The construction phase services are based on the following assumptions: • Inspection services are not part of this proposal, and the City will separately engage inspection services. • All material testing will be performed by the Contractor and under the direction of the on site inspector. Material testing is not included in this proposal. • Responses to Contractor RFI's shall be performed by others. • HCG will provide comments on Contractor submittals. The submittals shall be reviewed by the design engineer of record and HCG's comments shall be in addition to the design engineer's comments. C� V Big Canyon Reservoir — Floating Cover Project — City Representative Services February 2, 2004 Page 3 of 4 The consolidation of HCG comments with those comments by other reviewers shall be performed by others. • Construction progress coordination meetings shall be conducted by others. Meeting minutes shall be prepared by others. • Contractor progress pay applications shall be reviewed performed by others. • Contractor's initial construction schedule and periodic update reviews shall be performed by others. • Contractor change order reviews shall be performed by others. PROFESSIONAL FEES: The professional fees for the city representative services scope of work defined above are proposed on time and materials basis plus reimbursables, with an estimated maximum payable amount of $84,000. A cost breakdown by task is listed below. Task Estimated Fee Project Management / Coordination $12,000 Construction Period Support $58,000 Off -Site Observation Visits $12,000 Misc. Reimbursables $2,000 Total $84,000 Billing will be in accordance with the attached fee schedule. At the direction of the City, additional services may be performed and shall be based on the hourly rates in the attached fee schedule plus reimbursable expenses. HCG will submit invoices to the City on a monthly basis commensurate with work completed as of the billing date. Invoices will indicate the total amount billed to date of all previous invoices, the current invoice amount, and the remaining agreement amount. LIMITATIONS: The design of the Big Canyon Reservoir Improvement Project was designed by entities other than HCG. HCG is not the design engineer of record, and as such, HCG assumes no design liability for the design concepts, drawings, and specifications. HCG's involvement during the construction phase shall be limited to the floating cover components, and shall not include other items such as the chemical storage and feed systems, mechanical systems, electrical systems. HCG's involvement is to assist the City during the construction phase for the floating cover portion of work. ?\ . �Ci� Big Canyon Reservoir — Floating Cover Project — City Representative Services February 2, 2004 Page 4 of 4 HCG appreciates the opportunity to submit our proposal. If you have any questions regarding this proposal, please call me at (909) 590 -5200. Very truly yours, Hilts Consulting Group, Inc. ougl s Hilts, S.E. Principal Attachments 0 \\\ �I \` HILTS CONSULTING GROUP. INC. \ FEE SCHEDULE V FOR PROFESSIONAL ENGINEERING SERVICES- Big Canyon Reservoir— Floating Cover Project City Representative Services Professional Services: Classification I Title Hourly Billing Rate Principal $150.00 Senior Engineer $125.00 Project Draftsperson $85.00 Clerical $40.00 . Reimbursable Expenses Reproduction Cost plus 15% Outside Consultant Services Cost plus 15% Automobile Transportation $0.325 / mile Delivery / Courier/ Express Mail Cost plus 15% Travel / Subsistence Cost Rates effective for calendar year 2004 v 0 PROFESSIONAL SERVICES AGREEMENT WITH URS CORPORATION FOR OBSERVATION AND TESTING SERVICES THIS AGREEMENT is made and entered into as of this _ day of , 20_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("City"), and URS Corporation, whose address is 2020 East First Street, Suite 400, Santa Ana, California, 92705 ( "Consultant"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to install a floating cover and new disinfection facilities at the Big Canyon Reservoir (the "Project "). C. City desires to engage Consultant to perform geotechnical observation and testing services for the Project. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Jean Suter Hill. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the _ day of 2004, and shall terminate on the 31st day of January, 2005, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 0 0 Consultant shall diligently perform all the services described in the Scope of . Services attached hereto as Exhibit A and incorporated herein by reference. The • • City may elect to delete certain tasks of the Scope of Services at its sole • discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to- perform the services in a diligent and timely'manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Agreement, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. In no event shall Consultant's compensation exceed Twenty Four Thousand Four Hundred and Eighty Dollars and no /100 ($24,480.00) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in FA 5. • advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of suboonsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work' means any work that is determined by City to be necessary for the proper completion of services for this Agreement, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Jean Suter Hill to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel services under this Agreement without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services under this Agreement upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the, services on a timely basis as contemplated by this Agreement. ADMINISTRATION This Agreement will be administered by the Public Works Department. Michael J. Sinacori, P.E. shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 3 0 • 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by ' this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8.4 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or be in n charge of and shall not be responsible for the project's design, City's project contractor ( "Contractor"), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection with the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors' schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or be -responsible for acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities; costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted under this Agreement (including the negligent and /or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents oir employees of City. 5 0 0 Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance "of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Slanature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of L4 Best's Key Rating Guide, unless otherwise approved by the City s Risk Manager. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his ocher employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability. Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property. damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are, to be covered as additional insureds with FA 0 E 0 0 r� respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers., V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either parry except after thirty (30) calendar days written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of. or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. M 11 0 r� U 20. RECORDS 0 . Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially . affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 10 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Michael J. Sinacori, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Phone: 949 - 644 -3342 Fax: 949 -644 -3311 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: . Attn: Jean Suter Hill URS, Corporation 2020 East First Street, Suite 400 Santa Ana, CA 92705 Phone: 714 - 835 -6886 Fax: 714 - 667 -7147 26. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of 11 termination under this Section, City shall pay Consultant for services satisfactorily • performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 27. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29. INTEGRATED CONTRACT • This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 31. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 32. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 12 The laws of the State of California shall govem this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 34. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Tod W. Ridgeway, Mayor for the City of Newport Beach URS Corporation: By: Steve Pearson Senior Vice President Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f :lusers\pbwlsharedlagreementsNfy 03- 041urs -bor floating ower.doc 13 0 • 0 0 ! ! January 30, 2004 Mr. Michael J. Sinacori, P.E. Project Manager Public Works Department City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92658 SUBJECT: PROPOSAL TO PROVIDE FIELD OBSERVATION AND TESTING SERVICES BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES PROJECT NEWPORT BEACH, CALIFORNIA Dear Mr. Sinacori: URS Corporation (URS) is pleased to have this opportunity to propose construction observation and materials testing services as part of the City of Newport Beach's quality assurance program . for the subject project. Specifically, we propose to provide the following services on an as- needed basis: • Engineering services to assist the City with the review of the contractor's submittals • Field technician(s) to observe subdrain construction observations and perform QA tests on soils and asphalt The following paragraphs describe our proposed scope of services in more detail. ENGINEERING SERVICES Over the past 4 years, URS' engineers have provided various services to the City relative to Big Canyon Dam and Reservoir. Most recently, we designed a subdrain to control the groundwater table under the existing porous asphalt lining while the cover construction work is proceeding in the reservoir. The subdrain will be tied into the existing "East Underdrain" system at the reservoir, and provide additional capacity to reduce pore water pressures under the lining during future lowerings of the reservoir. We propose to continue to make our principal engineer for the Big Canyon project, Ms. Jean Hill, available to the City for as- needed construction -phase assistance in reviewing required contractor submittals for the new subdrain, including, but not limited to, product data and material certifications for conformance with the technical specifications, and the contractor's trench excavation plan, possibly including an Excavation Safety Plan (possibly including shoring design) for consistency with accepted safe practices. EXHIBIT A URS Corporation 2020 East First Street, Sune 400 Santa Ana, CA 92705 Tel: 714.835.6886 Fax: 714.667.7147 EXHIBIT A 0 n U Mr. Michael J. Sinacori, P.8 City of Newport Beach January 30, 2004 Page 2 of 3 Ms. Hill will also be responsible for scheduling technicians for construction -phase field assignments as described in the following paragraphs, and preparation of a report at the end of construction presenting our field observations and test results. Ms. Hill, a California - registered civil engineer, will stamp and sign the construction report. FIELD OBSERVATION AND TESTING SERVICES Our proposed field observation and testing services includes the subdrain work designed by URS as well as new pavement and base designed by others. Specifically, our field technician(s) will provide the following services: • Observation and documentation of the contractor's methods of trench excavation and groundwater control including assistance to the City's survey crew in obtaining the as- built line and grade of the trench invert, and verification of the minimum trench width. • . Testing of the proposed pipe bedding and backfill and the trench backfill materials prior to use in construction for conformance with the technical specifications. Observation, testing and documentation of subdrain pipe- laying and backfill operations for conformance with the technical specifications, particularly compaction requirements. At least one field test will be made per material type per construction shift. We will utilize the nuclear test gage for determining relative compaction, with daily quality control checks using a sand cone apparatus. Assistance to the City's survey crew in obtaining the as -built line and grade of the subdrain pipe. Observation, testing and documentation of the contractor's pavement construction for conformance with the project specifications, including, but not limited to, testing of the aggregate base gradation, measuring the asphalt temperature at placement, documenting the base and pavement section thicknesses, and testing the in -place density of the asphalt Asphalt density testing will be performed using the nuclear test gage. TERMS URS proposes to perform the above- described construction -phase services on the time -and- materials basis under the City's standard professional services agreement. Although we have not reviewed the terms of a specific agreement, we note that we have not taken significant exception to the City's terms in the past. Without knowledge of the contractor's schedule, it is difficult to estimate the office and field effort that will be required to complete the scope of work proposed herein. The following table presents our unit rates and recommended initial budget allowance. Our rate for the field technician is based on prevailing wage rates for "Field Soils and Material Tester" per the California Labor Code. We have assumed 8 -hour days for the field technician. u 0 11 URS ' Mr. Michad J. Sinacori, P.E. City of Newport Beach January 30, 2004 Pave 3 of 3 Personnel Category Unit Rate Estimated Recommended Comments - Quantity Initial Budget . PM /Principal (J. Hill) $160/hr 40 hrs. $5,400 Sr. Project/ Project $1151hr 12 hrs. $1,380 Significant effort not Professional anticipated; however, occasional effort may Sr. Staff! Staff $701hr 4 hrs. $280 Professional be required to assist PM's review work Word Processor/ $55/hr 4 hrs. $220 Project Asst. Field Technician $900 /day 18 days $16,200 Rate includes time, vehicle, and all field and laboratory testing effort. Hourly rate: $125/hr, 2 hrs min. TOTAL $24,480 1 71 URS looks forward to continuing work with the City on the Big Canyon Reservoir project. If you have any questions or comments regarding this proposal, please do not hesitate to call Ms. Jean Hill at 714- 648 -2756. Very truly yours, URS CORPORATION Jean Suter Hill Principal Engineer 11 EXHIBIT B Vy of Newport Beade NO. BA- 031 BUDGET AMENDMENT 2003 -04 EFFECT ON BUDGETARY FUND BALANCE: Pq Increase Revenue Estimates Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: $1,979,887.00 0 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase revenue estimates and expenditure appropriations related to the B!9 Canyon Reservoir Floating Cover and Disinfection System. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 500 3785 Water Fund Infrastructure Reserve $1,962,587.00 REVENUE ESTIMATES (3601) Fund /Division Account Description 500 4841 Water Fund - EPA Grant $17,300.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7503 Water Fund - Pumping & Operating Account Number C5500690 Big Canyon Reservoir Cover $1,979,887.00 Division Number Account Number Division Number Account Number Division Number Account Number • Automatic System Entry. Signed: Fina c'aval: Administrative Services Director Date Signed: Administrative proval: City Manager bate Signed: City Council Approval: City Clerk Date