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Home My WebLink About000091 Original ContractFor information regarding this project, contact: Terry Dahlquist, City of Port Angeles 360 -417 -4702 PROJECT MANUAL for CABLE RESTORATION PHASE III PROJECT NO. CL01 -2010 MARCH 2011 CITY OF PORT ANGELES WASHINGTON GLENN A. CUTLER, P.E., DIRECTOR OF PUBLIC WORKS UTILITIES MICHAEL C. PUNTENNEY, P.E., DEPUTY DIRECTOR OF ENGINEERING SERVICES City of Port Angeles Record #000091 R Deputy Director Prepared by: ojectEnc +freer PROJECT MANUAL for CABLE RESTORATION PHASE III PROJECT NO. CL01 -2010 MARCH 2011 CITY OF PORT ANGELES WASHINGTON GLENN A. CUTLER, P.E., DIRECTOR OF PUBLIC WORKS UTILITIES MICHAEL C. PUNTENNEY, P.E., DEPUTY DIRECTOR OF ENGINEERING SERVICES R viewed by: ity ttorney OD- Jr. PART I BIDDING REQUIREMENTS: Pacie No(s). Information for Bidders 1 Vicinity Map 3 Bidder's Checklist 4 Non Collusion Affidavit 5 Bid Form 7 -9 Contract 11 -16 Performance and Payment Bond 17 Certificate of Insurance (provided by bidder) Technical Specifications 19 -21 PART II ATTACHMENTS A. Cable Segments B. Forms C. Clallam County Wage Rates D. Sample Warranty TABLE OF CONTENTS CABLE RESTORATION PHASE III PROJECT NO. CL01 -2010 SCOPE OF WORK This project requires the examination of approximately 14,000 feet total of directly buried XLP cable to determine condition, and then where it appears practical and where prior approval is given by the City of Port Angeles (hereinafter referred to as the "City to inject fluid for insulation restoration. LOCATION OF WORK PROJECT MANUAL CABLE RESTORATION PHASE III Projects CL01 -2010 All work shall be performed within the city limits of Port Angeles, Washington. Work generally will be in the area approximately bounded by West 12th Street, N Street, West 14 Street, and 0 Street, and other locations as itemized in these specifications. ADDITIONAL REQUIREMENTS 1. The bid shall be submitted on the attached Bid Form and mailed or delivered to the Director of Public Works Utilities, City of Port Angeles, 321 East Fifth Street, P. O. Box 1150, Port Angeles, Washington 98362. Bids submitted by FAX will not be accepted. Questions may be directed to Terry Dahlquist, at 360- 417 -4702. 2. The Washington State Prevailing Wage Rates for Clallam County in effect at the time of the bid opening, as referenced in Attachment C, shall apply to this Contract. 3. The bid may be awarded to the responsible bidder submitting the lowest evaluated total project price as defined in the specifications. If the bid is awarded, the attached Contract will then be signed, requiring the Contractor to meet the requirements in the Contract as well as the entire Project Manual. No bidder will be permitted to withdraw their bid between the closing time for receipt of bids and the execution of a Contract, unless the award is delayed for a period exceeding sixty (60) calendar days. 4. Bids shall be submitted no later than 2:00 pm, March 25, 2011. At that time, bids will be publicly opened and read aloud in the Public Works and Utilities Conference Room at Port Angeles City Hall, 321 East Fifth Street. 5. The terms and conditions of this contract are contained within the Small Works Roster Public Works Contract, all provisions of which apply to this project, including but not limited to the following: A. A Performance and Payment Bond in the amount of 100% of the total quotation amount, including sales tax, must be received by the City within 10 working days from the contractor receiving written notice of award. B. Before any payment is made to the contractor, an "Intent to Pay Prevailing Wage on Public Works Contract" form must be on file with the Department of Labor and Contractor must provide the Intent Number to the City. C. Retainage in the amount of 5 will be withheld from all payments made to the contractor. Payment of retainage will be made after completion of all work and according to RCW 60.28 which requires written releases from the Department of Revenue, the Department of Employment Security, and the Department of Labor. 6. The City will consider alternate systems and proposals to that specified which closely approximate the attached specifications, but reserves the right to select quotations best suited to the overall interest of the City and evaluation of all anticipated costs. Quotations containing alternate methods or materials shall be clearly labeled "Alternate Bid" on the Bid Form. 7. On -site work shall start within 60 days of receiving a Notice to Proceed. The performance period for this work is 120 working days to final completion and removal of all injection equipment. 8. Lump sum bids shall be provided for the total anticipated costs to perform injection in the cable segments itemized in the Bid Schedule. These quantities represent estimated amounts. Bids shall also include unit costs to be applied to the actual cable lengths and quantity of work that may be included in the projects. Actual number of cable segments treated may be increased or reduced at the unit prices indicated. Total contract cost shall not exceed $100,000. 9. Prior to award of a public works contract, a bidder must meet the following responsibility criteria to be considered a responsible bidder (RCW 39.04) and be qualified to be awarded a public works contract: A. At the time of bid submittal, have a certificate of registration in compliance with 18.27 RCW. B. Have a current state Unified Business Identifier (UBI) number. C. If applicable, have industrial insurance coverage for the bidder's employees working in Washington as required in Title 51 RCW; an employment security department number as required in Title 50 RCW; and a state excise tax registration number as identified in Title 82 RCW. D. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 10. Awards will be made on the basis of total evaluated cost to the City, including warranty benefits. Delivery and installation is to be complete, F.O.B., freight prepaid and allowed to the City installation sites. The contractor is responsible for all damage to materials incurred in transit. -2- OM MN I I MI MI all NM MO MN I MB MI MI E NM r MN VICINITY MAP 1 BIDDER'S CHECKLIST I 1 1. Have the bid forms been properly signed? 2. Do the written amounts of the bid forms agree with the amounts shown in I figures? 3. Have you bid on all items? I 4. If Addendum(a) have been issued, have it/they been acknowledged on the Bid I Form? 5. Has the non collusion affidavit been properly executed? 1 6. Have you shown your contractor's state license number on the Bid Form? 7. Have you included a copy of a valid certificate of registration in compliance with 18.27 RCW? 1 The following forms are to be executed after the Contract is awarded: A. Contract To be executed by the successful bidder and the City. 1 B. Performance and Payment Bond To be executed on the form provided I by Owner, by the successful bidder and its surety company. To include name, contact and phone number, and address of surety and power of attorney of signatory. I C. Insurance certificate(s). 1 1 1 1 1 0 viuml. cable life extension I`I®IT -CO LILILISHO M AFFIDAVIT: (STATE OF WASHINGTON) COUNTY OF King NON COLLUSION AFFIDAVIT The undersigned, being first duly sworn on oath, says that the bid herewith submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and (s)he further says that the said bidder has not directly or indirectly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding, and that said bidder has not in any manner sought by collusion to secure to er self an advantage over any other bidder or bidders. Subscribed and sworn to before me this .2/ day of 20 4 Notary Public in and fo the State of Was gton. Residing at My Comm. Exp.: Project No. CL01 -2010 xten sio n Honorable Mayor and City Council Port Angeles City Hall 321 East Fifth Street Port Angeles, WA 98362 City of Port Angeles CABLE INJECTION PROJECT Project No. CL0108/CL0208 BID FORM PAGE 1 OF 4 The undersigned, hereinafter called the bidder, declares that the only person(s) interested in this bid are those named herein; that the bid is in all respects fair and without fraud; and that it is made without any connection or collusion with any other person making a bid on this project. The bidder further declares that it has carefully examined the plan, specifications, and contract documents, hereinafter referred to as the Project Manual, for the construction of the proposed project improvement(s); that it has personally inspected the site(s); that it has satisfied itself as to the types and quantities of materials, the types of equipment, the conditions of the work involved, including the fact that the description of, and the quantities of work and materials, the types of equipment, the conditions of and the work involved as included herein, are brief and are intended only to indicate the general nature of the work and to identify the said quantities with the corresponding requirements of the Project Manual; and that this bid is made in accordance with the provisions and the terms of the Contract included in the Project Manual. The bidder further agrees that it has exercised its own judgment regarding the interpretation of surface information and has utilized all data which it believes is pertinent from the City Engineer, hereinafter also referred to as the City or Owner, and such other source of information as it determined necessary,,in arriving at its conclusion. The bidder further certifies that the subcontracting firms or businesses submitted on the LISTING OF PROPOSED SUBCONTRACTORS will be awarded subcontracts for the described portions of the, work: If the bidder is awarded a construction contract on this bid, the name and address of the Surety who will provide the performance bond is: Travelers Casualty Surety Company of America Surety 4000 Kruse Way, Bldq 1, Suite 265 Lake Oswego, OR 970035 Surety address 503 534 4297 Surety Contact and Phone Number Number Willis of Oregon Agent One SW Columbia, Ste. 500 Portland, OR 97258 Agent Address Lynnette Harris 503- 450 -9789 Agent Contact and Phone Project No. CI-01 -2010 Bid Item Quantity Units Unit Price Total Price Mobilization 1 Job $0.00 $0.00 TDR Testing per cable segment 55 Ea.,, i $0.00 Included in labor charge Fluid Injection 14,250 Ft $4.90 $69,825.00 15kV Extended Injection Elbow 120 Ea. $100.00 $12,000.00 Lug Ea. N/A $0.00 Extended Lugs Ea. N/A $0.00 Labor— Injection Crew 160 Hr. $102.00 $16,320 1 1 1 1 1 1 1 1 1 1 1 1 1 BID PRICE 1 Sales Tax (8.4 TOTAL BID WARRANTY PERIOD 1 1 1 1 cable life exl ension OPTION "A" PRICING: City of Port Angeles CABLE RESTORATION PHASE III Project No. CL01 -2010 BID FORM Project No. CL01 -2010 Bidder must bid on all bid items required to inject the cable segments itemized in Attachment A, and may add or delete material from this Bid schedule to match their system. The bidder hereby bids the following amounts for the conditions described in the contract Documents. Quantities shown are Engineer's estimates. Unit prices apply to field additions or deductions to estimated quantities. Ultrinium Fluid Sustained Pressure Rejuvenation (SPR $98,145.00 $8,244.18 $106,389.18 40 years Bid Item Quantity Units Unit Price Total Price Mobilization 1 Job $0.00, $0.00 TDR Testing per cable segment 55 Ea $0,00 Included in labor charge Fluid Injection 14,250 Ft $3.90 $55,575.00 15kV Extended Injection Elbow 120 Ea. $100.00 $12,000.00 Lug Ea. N/A $0.00 Extended Lugs Ea: N/A $0.00 Labor Injection Crew 160 Hr. $102.00 $16,320 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 'ni cable life extension OPTION "B" PRICING: Bidder must bid on all bid items required to inject the cable segments itemized in Attachment A, and may add or delete material from this Bid schedule to match their system. The bidder hereby bids the following amounts for the conditions described in the contract Documents. Quantities shown are Engineer's estimates. Unit prices apply to field additions or deductions to estimated quantities. Perficio Fluid Unsustained Pressure Rejuvenation (UPR BID PRICE Sales Tax (8.4 TOTAL BID WARRANTY PERIOD City of Port Angeles CABLE RESTORATION PHASE III Project No. CL01 -2010 BID FORM Project No. CL01 -2010 $83,895.00 $7047.18 $90,942.18 20 nears vrn:uni cable life extension COMPANY DATA: The bidder hereby acknowledges that it has received Addenda No(s). 1 (Enter "N /A" if none were issued) to this Project Manual. The bidder certifies it is not disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). The name of the bidder submitting this bid and its business phone number and address, to which address all communications concerned with this bid and with the contract shall be sent, are listed below. Company Name: Address: (Street address) (City) (State) (Zip) Contractor Registration Number: NOVINI *9470L UBI Number: 602 336 525 Telephone No. 206 529 4828 WA State Industrial Insurance Account Number: 10323400 WA State Employment Security Department Number: 602 336 525 State Excise Tax Registration Number: Title Western Regional Manager Printed Name: Sheila Berru Date: 3/23/2011 Novinium Inc. City of Port Angeles CABLE RESTORATION PROJECT Project No. CL01 -2010 BID FORM PAGE 3 OF 3 341109 Ave SSuite B Federal Way, WA 98003 602 336 525 Project No. CL01 -2010 WITNESSETH: PUBLIC WORKS CONTRACT This Contract is made and entered into in duplicate this 5 day of April, 2011, by and between the City of Port Angeles, a non charter code city of the State of Washington, hereinafter referred to as "the City and Novinium, Inc., a Washington Corporation, hereinafter referred to as "the Contractor Whereas, the City desires to have certain public work performed as hereinafter set forth, requiring specialized skills and other supportive capabilities; and Whereas, the Contractor represents that it is qualified and possesses sufficient skills and the necessary capabilities to perform the services set forth in this Contract. NOW, THEREFORE, in consideration of the terms, conditions, and agreements contained herein, the parties hereto agree as follows: 1. Scope of Work. The Contractor shall do all work and furnish all tools, materials, and equipment in order to accomplish the following project: in accordance with and as described in this Contract and the Project Manual, which include the attached plans and scope of work, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this Contract, except as may otherwise be provided in the Project Manual. 2. Time for Performance a. Time is of the essence in the performance of this Contract and in adhering to the time frames specified herein. The Contractor shall commence work within 60 working days of Notice to Proceed, and said work shall be physically completed within 120 working days after commencing work, unless a different time frame is expressly provided in writing by the City. 3. Compensation and Method of Payment. CABLE RESTORATION PHASE III Project No. CL01 -2010 a. The City shall pay the Contractor for work performed under this Contract as detailed in the bid, at the completion of work and submission of a detailed invoice. b. Payments for any alterations in or additions to the work provided under this Contract shall be on a negotiated time and materials basis in accordance with the Bid Schedule. If it becomes necessary or desirable to modify or to change the description of work by altering, adding to, or deducting from the work, or to add correlated work not previously covered by the Contract, the parties may, without invalidating the Contract, agree to a written Change Order signed by the parties. 4. Independent Contractor Relationship. The relationship created by this Contract is that of independent contracting entities. No agent, employee, servant, or representative of the Contractor shall be deemed to be an employee, agent, servant, or representative of the City, and the employees of the Contractor are not entitled to any of the benefits the City provides for its employees. The Contractor shall be solely and entirely responsible for its acts and the acts of its agents, employees, servants, subcontractors, or representatives during the performance of this Contract. The Contractor shall assume full responsibility for payment of all wages and salaries and all federal, state, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, workers compensation insurance, social security, and income tax withholding. 5. Prevailing Wage Requirements. The Contractor shall comply with applicable prevailing wage requirements of the Washington State Department of Labor Industries, as set forth in Chapter 39.12 RCW and Chapter 296 -127 WAC. The Contractor shall document compliance with said requirements and shall file with the City appropriate affidavits, certificates, and/or statements of compliance with the State prevailing wage requirements. The Washington State Prevailing Wage Rates For Public Works Contracts, Clallam County, incorporated in this Contract have been established by the Department of Labor Industries and are included as Attachment B to this Contract. The Contractor shall also ensure that any subcontractors or agents of the Contractor shall comply with the prevailing wage and documentation requirements as set forth herein. 6. Indemnification and Hold Harmless. a. The Contractor shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers against and from any and all claims, injuries, damages, losses, or suits, including attorney fees, arising out of or in connection with the performance of this Contract, except for injuries and damages caused by the sole negligence of the City. b. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or 7. Insurance. termination of this Contract. The Contractor shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Failure by the Contractor to maintain the insurance as required shall constitute a material breach of contract upon which the City may, after giving five working days notice to the Contractor to correct the breach, immediately terminate the Contract or at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, off set against funds due the Contractor from the City. a. Minimum Scope of Insurance The Contractor shall obtain insurance of the types described below: i. Automobile Liability insurance covering all owned, non owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. b. Minimum Amounts of Insurance The Contractor shall maintain the following insurance limits: i. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products- completed operations aggregate limit c. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance. The Contractor's insurance coverage shall be primary insurance as respect to the City. Any insurance, self insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute with it. ii. The Contractor shall provide City and all Additional Insureds with written notice of any policy cancellation, within two (2) business days of their receipt of such notice d. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. e. Verification of Coverage The Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. f. Contractor's Insurance For Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. g. Waiver of Subrogation The Contractor and the City waive all rights against each other, any of their Subcontractors, Subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtain pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. 8. Compliance with Laws. a. The Contractor shall comply with all applicable federal, state, and local laws, including regulations for licensing, certification, and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as set forth in the Project Manual. b. The Contractor shall pay any applicable business and permit fees and taxes which may be required for the performance of the work. c. The Contractor shall comply with all legal and permitting requirements as set forth in the Project Manual. 9. Non discrimination. The parties shall conduct their business in a manner which assures fair, equal and nondiscriminatory treatment of all persons, without respect to race, creed, color, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin, and, in particular: a. The parties will maintain open hiring and employment practices and will welcome applications for employment in all positions from qualified individuals who are members of the above stated minorities. b. The parties will comply strictly with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of nondiscriminatory requirements in hiring and employment practices and assuring the service of all patrons and customers without discrimination with respect to the above stated minority status. 10. Assignment. a. The Contractor shall not assign this Contract or any interest herein, nor any money due to or to become due hereunder, without first obtaining the written consent of the City, nor shall the Contractor subcontract any part of the services to be performed hereunder without first obtaining the consent of the City. b. The Contractor hereby assigns to the City any and all claims for overcharges resulting from antitrust violations as to goods and materials purchased in connection with this Contract, except as to overcharges resulting from antitrust violations commencing after the date of the bid or other event establishing the price of this Contract. In addition, the Contractor warrants and represents that each of its suppliers and subcontractors shall assign any and all such claims for overcharges to the City in accordance with the terms of this provision. The Contractor further agrees to give the City immediate notice of the existence of any such claim. 11. Manufacturer's Warranty a. Manufacturer's standard warranty shall apply, to cover not less than 20 years of continued cable operation after injection. 12. Contract Administration. This Contract shall be administered by DA.'v/c/ Lew i$ on behalf of the Contractor and by Terry Dahlquist, Electrical Engineering Manager, on behalf of the City. Any written notices required by the terms of this Contract shall be served or mailed to the following addresses: City: City of Port Angeles P.O. Box 1150 321 East Fifth Street Port Angeles, WA 98362 -0217 Contractor: Novinium, Inc. 34110 Ninth Ave S, Suite B Federal Way, WA 98003 13. Interpretation and Venue. This Contract shall be interpreted and construed in accordance with the laws of the State of Washington. The venue of any litigation between the parties regarding this Contract shall be Clallam County, Washington. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first set forth above. CONTRACTOR: Novinium, Inc. By: Title: D 'k.d L -cjcS C b CITY OF PORT ANGELES: B Z Mayor Appr ved as to Form: City Attorney Attest: ALL ty Clerk 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 By. Title ey1 Nozko, Jr. President PERFORMANCE and PAYMENT BOND Bond to the City of Port Angeles Bond #F21510 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Novinium, Tnc. as Principal, and ACSTAR Insurance Company a corporation, organized and existing under the laws of the State of Illinois as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations as surety, are jointly and severally held and firmly bound to the City of Port Angeles in the penal sum of $106,189.1 R (One hiindred six thousand three hundred eighty ne* for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. 18/100 Dollars) This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances of the City of Port Angeles. Dated at New Britain, CT ,V3dambutatex,thiCst day of Apri 1 2011. The conditions of the above obligation are such that. WHEREAS, the City of Port Angeles has let or is about to let to the said Novinium, Inc. the above bounded Principal, a certain contract, the said contract being numbered CL01 -2010, and providing for Cable Restoration Phase III (which contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the said Principal has accepted, or is about to accept, the said contract, and undertake to perform the work therein provided for in the manner and within the time set forth, now, therefore, If the said Principal, Novinium, Inc. shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and matenalmen, and all persons who shall supply said Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall indemnify and hold the City of Port Angeles harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract within a period of one year after its acceptance thereof by the City of Port Angeles, then and in that event, this obligation shall be void, but otherwise, it shall be and remain in full force and effect. This bond excludes any and all warranties. Signed this2lst day of April 2011. ACSTAR Insurance Company Novinium, Inc. Surety Principal Title 233 Main Street, New Britain, CT 06051 N/A 17 Surety Address Agent Address Henry W. Nozko, Jr. 860 224 2000 Surety Contact and Phone Number By ArAtillf ✓ti Agent Contact and Phone Number L-Ptvl S, CFO 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Bond No. F21510 ACSTAR INSURANCE COMPANY 233 MAIN STREET P 0 BOX 2350 NEW BRITAIN, CT 06050 -2350 (860) 224 -2000 This Power of Attorney must have original corporate seal, and red and blue ACSTAR logo to be valid. Know all men by these presents: That ACSTAR Insurance Company, a corporation of the State of Illinois, having its principal office in the City of New Britain, Connecticut, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on September 25, 2008. RESOLVED, That the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof (1) That the Chairman, the President, any Vice President and General Counsel, or any Attorney -in -Fact, may execute for and on behalf of the Company any and all bonds, under- takings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Corporate Secretary, or any Assistant Corporate Secretary, and the seal of the Company affixed thereto; and that the Chairman or President may appoint and authorize any other Officer (elected or appointed) of the Company, and Attorneys -in -Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested to by the Corporate Secretary (3) The signature of the Chairman, the President, or a Vice President of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution, o and the signature of a facsimile to any certificate of any such power, and any such power or certificate bearing such fascimdle signature and seal shall be valid and binding C on the Company CD Such other Officers of the Company, and Attorneys-in-Fact shall have authority to certify or verify copies of this Resolution, the By-Laws of the Company, and any v i P Y, b fY P Y p Y. affidavit or c record of the Company necessary to the discharge of their duties. does hereby nominate, constitute and appoint j HENRY W. NOZKO, JR., ROBERT H. FRAZER, DAVID A PRICE, MICHAEL P. CIFONE, JOAN C FORTIER, HENRY W. NOZKO III, U O) GARY M CASE each individually, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, under takings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding TEN MILLION O DOLLARS ($10,000,000 00) each, and the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office N IN WITNESS WHEREOF, Henry W Nozko, Jr President, has hereunto subscribed his name and affixed the corporate seal of ACSTAR C a Insurance Company this 25th day of September 2008. N u) O 9 N O O N by Henry W. N !ko Jr., P. t 03 a) STATE OF CONNECTICUT 0) 5 ss NEW BRITAIN p c COUNTY OF HARTFORD E On this 25th day of September 2008, before me, a Notary Public of the State of Connecticut came, Henry W Nozko, Jr., President of ACSTAR O Insurance Company, to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same, and the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signatures were duly affixed by the authonty and direction of the said corporation, and the Resolution adopted by the Board w of Directors of said Company, referred to in the preceding instrument, is now in force. O Z U IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of New Britain the day and year first above written. ,A, ,a e .L�mb, q OTA R UBLIC �ti N E r C 1 T u o ACSTAR Insurance Company Notary Public Diane L Plante POWER OF ATTORNEY NS' 31752 ekoattis I, the undersigned, Secretary or Assistant Secretary of ACSTAR Insurance Company, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy, is in full force and effect. In witness whereof, I have hereunto subscribed my name as Secretary or Assistant Secretary, and affixed the corporate seal of the Corporation, this 21st day of Apri 1 20 11 Vh' W 4V7 Henry W. Nozko III /Michael P. Cifone Secretary/ Assistant Secretary TECHNICAL SPECIFICATIONS SCOPE OF WORK The project consists of evaluating cable condition and injecting insulation restoration fluid in the City of Port Angeles, WA. The cable to be treated is single and three phase, 15 KV, direct buried XLP, of various sizes, with bare concentric neutrals. Injection treatment shall be "Ultrinium" fluid supplied by Novinium, Inc., or equal. Alternate fluids shall be submitted on separate bid forms indicating standard warranty period. The City's Project Engineer shall make the final determination of equality and suitability of alternates. CREW, EQUIPMENT, AND MATERIAL Contractor shall furnish all supervision, labor, tools, equipment and material necessary to test cable condition and perform cable injection. City line crews will perform necessary switching and line work, install contractor provided new injection elbows, and replace cable splices only as necessary (City provided). SPECIFIC WORK RESPONSIBILITIES Contractor to be responsible for: a) Recording of all cable tracing data and daily field reports. b) Testing the condition of the neutral prior to injection. If the cable has neutral damage exceeding 75% of the cable neutral's original ampacity, the condition will be repaired by the City, the cable will not be injected, or the City will issue a written waiver to allow injection to proceed. c) Locating splices and verifying proper flow is possible. d) Testing for airflow and pressure limits prior to injection. If the cable will not support injection, the condition will be corrected by the City or injection will not be done on that cable segment. e) Providing all cable elbows and terminations, for installation by the City. f) Initiating and maintaining flow of the dielectric fluid into the cable segments and through the cable and splices. g) Monitoring cables to assure that no leakage is occurring and that fluid flows completely through the cable segment. h) Recording of all reasonable data required by the City, including neutral condition and splice location. i) Removal of all removable injection equipment at the end of the injection period. City to be responsible for: a) Providing qualified supervision to switch and verify de- energized condition of the segments to be treated and re- energize upon completion. b) Planning all switching to maximize efficiency and productivity and to minimize and additional time or expense. c) Handling all communications with City customers in advance of the start of the operations at a given site. -19- SAFETY The contractor shall conduct the work with due regard to adequate safety and sanitary requirements and shall maintain its plant and equipment in safe condition. The Contractor shall conform to OSHA and WISHA rules and regulations. OBSERVANCE OF THE LAW The Contractor shall be responsible for the strict observance by his employees of the laws of the United States and the State of Washington (including State of Washington Department of Transportation regulations) and all local ordinances and regulations. The Contractor shall comply with said laws, ordinances, and regulations. PAYMENT d) Providing any permits or licenses required by state, county or municipal authorities, and handling any required interface with government agencies. e) Installation of injection elbows or adapters to allow the treatment fluid to be injected. f) Installing collection equipment on the terminations of the cable segments. g) Providing information and maps describing the physical characteristics, legal limitations, and locations of the cable at least two weeks in advance of the performance of the work h) Designating a City representative to act on the City's behalf in communicating with the contractor's crew and verifying the daily time report. i) Providing excavation and backfill, material and labor for splices or terminations in the event that replacement of devices is required because they are defective or will not allow flow. j) Providing suitable confined space entry/rescue, equipment and personnel if entry to confined spaces is required for conduct of the job. k) Provide necessary traffic control and flagging. I) Restoring any damaged lawns or shrubs. Repairing pavement or sidewalks if required. The City will process weekly payments for work completed and accepted by the Project Engineer within 30 days following submittal of a completed and signed Payment Request Form. Retainage in the amount of 5% will be withheld in accordance with RCW 60.28.010. After the expiration of 30 days following the final acceptance of said work by the Port Angeles City Council and receipt of proper releases for applicable agencies of the State of Washington, the final payment of the retainage, or all amounts thereof in excess of a sufficient sum to meet and discharge valid claims filed pursuant to the statutes of the State of Washington, will be made. Washington State sales tax will apply and be paid when billed on invoices. -20- COMMENCEMENT OF WORK The Contractor shall commence work under the contract within sixty (60) working calendar days after Notice to Proceed is issued. CONTRACT AMOUNT /CANCELLATION The City reserves the right to terminate the contract at any time, for any reason. WARRANTY Contractor to warranty treated electric cable to not fail dielectrically for a period of forty years after treatment and that the treatment will not adversely affect or harm the City's electric cable. Refer to attached sample warranty for desired criteria. Bids for alternate processes with lesser warranty times may be submitted for consideration if the warranty period is clearly indicated on the bid form. SPECIAL CONDITIONS The Contractor will exercise reasonable care to minimize damage to lawns, landscape and shrubs. The contractor will exercise reasonable care to avoid undue inconvenience to residents in the area. Existing cables are all direct burial. There may frequently be inadequate cable length in pad mounted equipment to reterminate and still reach the connection bushings. Contractor should include in the base bid price the cost of extended elbows to reach transformer or switch cabinet bushings. The Contractor will verify treatability of all phases in each segment prior to starting injection. The Contractor shall notify the City's Project Engineer if any cable segments are untreatable with the standard fluid specified. If an alternate fluid may be used on those segments, the Engineer may approve the alternate treatment. If one phase in any section is completely untreatable, the contractor will so note on the print and move on to the next section without treating any of the cable in that section. Chapter 54.04.080 R.C.W. Laws of 1971 stipulate that bid proposals shall be made upon proposal forms supplied by the City, and in no other manner. Specific material types and quantities required for a particular process shall be noted on the Bid Form as required to treat the cable segments described. ATTACHMENT A CABLE SEGMENTS PART 11 ATTACHMENTS 1 1 1 CL01 -2010 WF 125626 -02 CABLE SEGMENTS LOCATION CABLE CABLE SIZE -TYPE ESTIMATED CKT LOADBREAK POLE NUMBER(S) LENGTH (FT) ELBOWS TERMINATIONS Driftwood PI Hidden Cove N St 10th to 14th 14th Marie View 14th N St Marie View St Eva Cove 14th Marie View Samara Dr 0 St 488 1/0 ALCN DB 167 2 489 1/0 ALCN DB 159 2 490 1/0 ALCN DB 197 2 491 1/0 ALCN DB 85 2 492 1/0 ALCN DB 500 2 493 1/0 ALCN DB 332 2 327 4/0 ALCN DB 254 2 328 4/0 ALCN DB 254 2 329 4/0 ALCN DB 128 2 330 4/0 ALCN DB 126 2 331 4/0 ALCN DB 444 2 332 4/0 ALCN DB 444 2 333 4/0 ALCN DB 141 2 334 4/0 ALCN DB 173 2 336 4/0 ALCN DB 316 2 337 4/0 ALCN DB 193 2 338 4/0 ALCN DB 193 2 356 4/0 ALCN DB 124 2 339 1/0 ALCN DB 171 2 340 1/0 ALCN DB 240 2 341 1/0 ALCN DB 209 2 342 1/0 ALCN DB 300 2 343 1/0 ALCN DB 340 2 345 4/0 ALCN DB 300 2 346 4/0 ALCN DB 300 2 347 4/0 ALCN DB 300 2 648 1/0 ALCN DB 156 2 649 1/0 ALCN DB 147 2 650 1/0 ALCN DB 232 2 651 1/0 ALCN DB 421 2 422 4/0 ALCN DB 210 2 423 4/0 ALCN DB 430 2 424 4/0 ALCN DB 430 2 425 4/0 ALCN DB 220 2 Samara Dr 429 1/0 ALCN DB 112 2 Samara Dr 430 1/0 ALCN DB 160 2 Samara Dr 431 1/0 ALCN DB 160 2 Woodside Cir 432 1/0 ALCN DB 334 2 Woodside Cir 433 1/0 ALCN DB 473 2 SUBTOTALS: 9875 78 0 Page 1 of 2 CABLE SEGMENTS CONTINUED WF 125626 -02 LOCATION CABLE CABLE SIZE -TYPE ESTIMATED CKT LOADBREAK POLE NUMBER(S) LENGTH (FT) ELBOWS TERMINATIONS 14th St 14th St Samara Dr 345 4/0 ALCN DB 292 4 346 4/0 ALCN DB 432 6 347 4/0 ALCN DB 432 6 2151 1/0 ALCN DB 140 2 413 4/0 ALCN DB 135 2 414 4/0 ALCN DB 358 2 415 4/0 ALCN DB 358 2 416 4/0 ALCN DB 161 2 417 4/0 ALCN DB 162 2 418 4/0 ALCN DB 150 2 419 4/0 ALCN DB 160 2 420 4/0 ALCN DB 160 2 421 4/0 ALCN DB 60 2 716 4/0 ALCN DB 530 2 717 4/0 ALCN DB 530 2 434 1/0 ALCN DB 315 2 TOTALS FROM SHEET 1. 9875 78 0 PROJECT TOTALS: 14250 120 0 Page 2 of 2 ATTACHMENT B FORMS ORIGINAL CONTRACT CURRENT CONTRACT EST NET CHANGE THIS CHANGE ORDER TOTAL CHANGE ORDERS, INCLUDING THIS ONE EST CONTRACT AFTER THIS CHANGE ORDER Unit Cost Per Unit Cost Net Cost Adj Days 1 Ong DAYS DAYS DAYS DAYS DAYS Item No Descnption RFI Qty Unit Cost Per Unit Cost Net Cost Adj Days 1 Ong Rev 2 Ong Rev 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CONTRACT CHANGE ORDER (CCO) NO. Project Name CABLE RESTORATION PHASE III Date Contractor Project No. CL01 -2010 DESCRIPTION OF WORK You are ordered to perform the following described work upon receipt of an approved copy of this Change Order: Such work will be compensated by: check one or more of the following as applicable Increase or Decrease in bid items; Force Account; X Negotiated Price The described work affects the existing contract items and /or adds and /or deletes bid items as follows: Amount with applicable sales tax included All work, matenals and measurements to be in accordance with the provisions of the onginal contract and /or the standard specifications and special provisions for the type of construction involved The payments and /or additional time specified and agreed to in this order include every claim by the Contractor for any extra payment or extension of time with respect to the work described herein, including delays to the overall project APPROVED BY: SIGNATURE: DATE PROJECT ENGINEER CITY ENGINEER CONTRACTOR PUBLIC WORKS UTILITIES DIRECTOR CITY MANAGER CITY COUNCIL APPROVAL DATE 1 Original Contract Amount [Excluding Sales Tax] 2 Approved Change Order No(s). [Excluding Sales Tax] 3 Adjusted Contract Amount (1 +2) 4 Value of Work Completed to Date [per attached breakdown] 5 Material Stored on Site [per attached breakdown] 6 Subtotal (4 +5) 7 8.4% Sales Tax [at 8.3% of subtotal], As Applicable 8 Less Amount Retained [at 5% of subtotal] 9 Subtotal (6 +7 -8) 10 Total Previously Paid [Deduction] 11 AMOUNT DUE THIS REQUEST (9 -10) TO: City of Port Angeles Public Works Utilities Department P.O. Box 1150 Port Angeles, WA 98362 DATE: FROM: PAYMENT REQUEST NO. PERIOD From: to [end of period]: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Continued on Page 2 CONTRACTOR'S APPLICATION FOR PAYMENT CABLE RESTORATION PHASE III PROJECT NO. CL01 -2010 Page 1 of 2 STATEMENT OF CONTRACT ACCOUNT WAIVER OF CLAIMS FOR EXTRA COST OR TIME: The undersigned Applicant waives and releases, up through the date hereof, any and all claims for costs or item extensions arising out of or relating to extra or changed work or delays or acceleration not specifically identified and reserved in the amounts identified below or previously acknowledged in writing by the City of Port Angeles. CERTIFICATE OF THE CONTRACTOR: I hereby certify that the work performed and the materials supplied through the ending period date noted above represent the actual value of accomplishment under the terms of the contract (and all authorized changes) between the Applicant and the City of Port Angeles, relating to the above referenced project, and that the remaining contract balance is sufficient to cover all costs of completing the work in accordance with the contract documents. I also certify that all lower -tier payments, less applicable retention, have been made by the Applicant for the periods covered by previous payment(s) received by the Applicant to (1) all lower -tier subcontractors/ suppliers, and (2) for all materials, equipment and labor used or in connection with the performance of this contract. I further certify that 1 have complied with all federal, state and local tax laws, including Social Security laws and Unemployment Compensation laws and Workmen's Compensation laws, insofar as applicable to the performance of this work, and have paid all such taxes, premiums and /or assessments arising out of the performance of the work. I further certify that, to the best of my knowledge, information and belief, all work for which previous payment(s) have been received shall be free and clear of liens, claims, security interests and encumbrances in favor of the Contractor, subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the work. Within seven (7) days of receipt of the payment requested herein, all payments, less applicable retention, will be made through the period covered by this pay request to all my lower -tier subcontractors /suppliers and for all materials, equipment, labor, taxes and assessments arising out of the performance of all said lower -tire work. DATED: CONTRACTOR: SIGNATURE: PRINTED NAME AND TITLE: SUBSCRIBED AND SWORN to before me this day of 20 APPROVAL: CONTRACTOR'S APPLICATION FOR PAYMENT Page 2 of 2 Project Manager City Engineer Notary Public in and for the State of residing at My appointment expires Date Date ATTACHMENT C WASHINGTON STATE PREVAILING WAGE RATES FOR CLALLAM COUNTY Project wage rates shall be subject to the following: 1. Washington State Prevailing Wage Rates for Public Works Contracts Journey Level and Apprentices, Clallam County, as effective on the date of the bid opening. 2. To access applicable prevailing rate of wages by trade, refer to the following Department of Labor and Industries website link: http: /www.lni.wa.gov/ TradesLicensing /PreWage/WageRates /default.asp 3. A copy of the applicable prevailing wage rates can be obtained by contacting Terry Dahlquist at telephone: 360- 417 -4702, or by email: tdahlquist @cityofpa.us. A hard copy is available for viewing in person at Port Angeles City Hall, Department of Public Works and Utilities, 321 E. Fifth St., Port Angeles, WA 98362. ATTACHMENT D WARRANTY INJECTION FLUID INJECTION METHOD WARRANTY (Years) "PROS"' ^CONS" UltriniumTM SUSTia:NED 40 h.-- rle-rabie -h. kn.w- _7 -rst -:ap.3 tme...-en Fh.n3 seaJee In .able -h. apb.e rl.w- ttIrvwr UNSAJSTtINED 2 5 •k- barn —rNe� N.Y.- coon Saii.e ri.w -thw -24 ^.L.: -jc.._ _n_ -t -.ek C.a. .1' usJerls., elb.w. a33a er+.r _a -1a te.ly 92 -2,n elu,3 ..rtat of a...r.r=ier. er r arty peo :ah.K w n WlopIJad SUSTAINED G 25 Ra.rlt,ne tr_r ;it, -fh.a3 aesia3U .able •h.r•tlarneGie vr,t r -r r.- je.n.r ..-.ak •C_-rta tn.,. ber__-e -t.. a.li.e Ur...-t.:',-.7.P •Sh.rter warr:vty parr Ui1SUSTAINED 20 •ti.- riarraSL- •S•lirr Shin• thr-_I.q.h 2.1 ^x.r r. Je.t..:.r _r_we3 se_ne -t- a. ak -C.: tr,rara._ za C.at.141e -J.-, ettrrra3a:' r;pr_xdmateiy =2�rn •=L• 13 ..rta.t Iola rier SP.rter 'or-erty .en.3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 V1ri1U11 cable life extension NOVINIUM WARRANTY: t d41:3C? Ri Y V For the Warranty Period in the Warranty Period Table below. if the Customer is not satisfied with the service delivery or performance for a cable Segment. the Customer will be provided a single cash refund for the lesser of (1) All Infection- Related Customer Charges for the treated Segment. as reflected in the Novinium Warranty Invoice, available in the Novinium Injection Tracking System, online at www.novinium.com/NITS, (2) the actual cost to repair the cable, or (3) US$7.500. The capitalized terms used m this warranty are defined below PROCESS /FLUID DECISION MATRIX The above remedies are suspended, (1) where explicitly waived by the Customer (see Exhibit F- 3), (2) for a period of 120 days after the date of any Discouraged Cable Diagnostic Testing; (3) for a period of 120 days after the date of infection, if the cable was not in Continuous Operation prior to infection: and (4) for a period of 120 days after the date of Abnormal Operational Excursion(s) To make a claim, the Customer shall provide Novinium with a completed Novmium Warranty Claim form (click hereto download the form) and a Novmium® warranty tag, if it is easily available The warranty tag identifies the Segment of cable that has failed. or that is otherwise Project No. CL01 -2010 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 cab c life extension unsatisfactory to the Customer For the first year of the warranty period, the refund will be made by Novintum. After the first year and until the warranty period has expired. the refund will be made by Novinium Warranty Trust (NWT). Information about the irrevocable NWT, blank warranty claim forms, and warranty waiver forms are available at www.novinium.org. THE SOLE AND EXCLUSIVE REMEDY OF THE CUSTOMER FOR WARRANTY CLAIMS WILL BE A CASH REFUND NOVINIUM SHALL NOT BE LIABLE FOR ANY ADDITIONAL DAMAGES OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY CLAIMS, INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY AND BREACH OF CONTRACT. THIS WARRANTY AND EXCLUSIVE REMEDY ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES OR REMEDIES, WRITTEN OR UNWRITTEN, EXPRESS OR IMPLIED, AND NOVINIUM HEREBY EXPRESSLY DISCLAIMS ANY OTHER EXPRESS WARRANTY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE NO EMPLOYEE OR AGENT OF NOVINIUM IS AUTHORIZED TO GRANT ANY WARRANTY THAT IS GREATER OR DIFFERENT THAN THIS WARRANTY NOTE NOVINIUM requests that if the cable has experienced a dielectric failure, the Customer supply the failed portion of the Segment to NOVINIUM for complimentary failure analysis. This is only a request and not mandatory to complete the claim NOVINIUM uses the failure analysis to refine the rejuvenation chemistry and infection process. For complete sample handling best practices, see NRI 93. "Failure Sample Handling" at www .novinium.comfnstructions.aspx. NOVINIUM® UNCONDITIONAL WARRANTY DEFINITION OF TERMS Abnormal Operational Excursion(s) includes non routine maintenance or operations prior to the segment failure such as (1) conductor currents or neutral current greater than circuit design constraints, (2) operating temperature greater than circuit design: (3) repeated operations of re- closers, whether manually or automatically operated, as a method to clear overhead faults; (4) physical manipulation of the segment including dig -ms, or (5) any other operational practice, act of a third party, or act of God (except lightning strikes). which is believed to degrade the reliability of connected circuits. Continuous Operation is when a cable has been energized for at least 90 of the 120 days prior to injection. Demanding Applications include Cables with 19 or fewer strands, which are compact strands. Compact strands are defined by ICEA S -94- 649 -2004, the IEC, or successors Cables which are located m thermic, hyperthernmc, or warmer soils as indicated by the 2005 U.S Department of Agriculture, Natural Resources Conservation Service, Soil Survey Division, World Soil Resources survey map or any substantially similar successor map. Discouraged Cable Diagnostic Testing includes any cable testing at greater than line voltage, any cable testing with duration greater than 2 minutes. and any DC cable testing at a voltage greater than 1 kV. Project No. CL01 -2010 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 life extension Injection- Related Customer Charges include all charges directly required to inject the cable, such as injection preparation, splice excavation required to allow flow, and injection hourly and footage charges Injection- Related Customer Charges exclude all ancillary charges not directly required to inject the cable, such as fault location and repair. transformer maintenance, bushing change out, riser -pole rebuilds, delay. training. mobilization. and demobilization. Injection- Related Customer Charges are recorded in the currency in which the Customer is invoiced Where the Customer currency is not in U.S. Dollars, a conversion to U.S Dollars at the exchange rate effective on the date the charge was incurred will be the amount of the Injection- Related Customer Charges This U S. Dollar value of the Novimum Warranty Invoice is the amount that will be utilized for the refund calculation in the event of a warranty claim. NITS, the Novinium Injection Tracking System, is a database of all cable segments injected and all Infection- Related Customer Charges at www.novinium com/NITS Non Demanding Applications are those that are not Demanding Applications Novhnium Warranty Invoice is an output from NITS, listing all Injection Related Customer Charges. Segment is defined as the length of a single conductor between two terminations, and is identified with a unique 8 -digit member at each termination with a pair of Novimum warranty tags Sustained Pressure Rejuvenation (SPR) is the most advanced injection method and provides the greatest post injection circuit reliability SPR is recommended by Novinium for the highest performance and value. SPR is defined as (1) injection in polyethylene insulated cables where a pressure in excess of 50 psig is initially maintained along the entire cable length being treated when the infection is complete. and (2) all rubber insulated cables whatever the pressure Unsustained Pressure Rejuvenation (UPR) provides a less robust treatment option where splices in the cable are inaccessible UPR applies to all injection segments that are not Sustained Pressure Rejuvenation Warranty Waiver Novuuum provides the highest quality of craftsmanship in all of its processes As an integral part of all Novimum® brand infections, the cable is inspected by Novinium certified field technicians for a variety of flaws Novinium recommends correcting identified flaws to assure the Novinium standard of reliability. The procedures for identifying and correcting such flaws are promulgated by the Novinium Rejuvenation Instructions, or NRIs. The most current NRIs are always available online at %vww.novinium.eom /instructions.aspx. Occasionally, a circuit owner may desire to deviate from the quality recommendations of Novinium even though the deviation may result in future reliability issues The circuit owner agrees by executing a Warranty Waiver (See Exhibit D -3. An electronic version is available at www. novinium .com/pdf/WarrantvWaiver.pdf that the remedy set forth in the Novinium Warranty will be suspended for the portion of all segments, which suffer the identified flaw(s). Project No. CL01 -2010