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J Fletcher Creamer & Son Inc; 2003-03-04; 3865
DOC# 2003-1210038 Recording requested by: CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 ) ) ) ) ) ) ) ) ) ) OCT 01, 2003 2:17 ITTICifl REIDIDS SAN DIEGO CllJHTV RECCRDER'S OFFICE GREGCRV J. SMITH, ClllffV RECCRDER FEES: 2.00 PM Space above this line for Recorder's Use NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. • 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed on July 15,2003. 6. The name of the contractor for such work of improvement is J. Fletcher Creamer & Son, Inc. · 7. The property on which the work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as the construction of Palomar Airport Road and La Costa Avenue Drainage Improvements, Project Nos. 3865 & 3690. CITY OF CARLSBAD PL~ GLENN PRUIM Deputy Public Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008. The City Council of said City on September 23 , 2003, accepted the above described work as completed and ordered that a Notice of Completion be filed. AB 17,322 I declare under penalty of perjury that the foregoing is true and correct. Executed on September 26 , 2003, at Carlsbad, California. CITY OF CARLSBAD ~fAa,_~ LORRAINE M. WOOD 1 City Clerk Resolution No. 2003-252 9-23-03 CITY OF CARLSBAD PROJECT: 3865-1, Palomar Airport Road and La Costa Avenue Drainage Improvements CONTRACT CHANGE ORDER NO. 3 CONTRACT NO. 3865-1 ACCOUNT NO. CONTRACTOR: ADDRESS: 37070009060-38651921 J.Fletcher Creamer & Son. Inc. 12874 San Fernando Road Sylmar CA 91342 P.O. NO. P112731 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to Subsection 3-2.2.3, Agreed Prices, SSPWC 2000, and the Provisions of this Contract, perform the following: Item 1: Provide all labor, materials and equipment to construct a Type "A" curb inlet in lieu of a Type "B" inlet at Sta. 79+50.00 for the lump sum cost of$ 550.00. Increase to contract cost. ........................................................ $ 550.00 Item 2: Provide all labor and equipment to remove all concrete and steel rebar adjacent to existing Clean-Out# 4 (54A-13) for the lump sum cost of $1,550.65. Increase to contract cost. ........................................................ $ 1,550.65 TOTAL INCREASE TO CONTRACT COST ................................................................ $2,100.65 Project: 3865-1, Palomar Airport Road and La Costa Avenue Drainage Improvements Page2 Change Order No. 3 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE AFFECTED BY THIS CHANGE ORDER RECOMMENDED BY: ~L 7/7/08 CONSTRUCTION MANAGER (DATE) ~ 7--1/--o '3 TY ENGi°NEER (DATE) ~ CL ~2//o3 CITY ENGINEER (DATE) FINANCE DIRECTOR (DATE) J1\}\ DISTRIBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR DEPUTY CITY ENGINEER, DESIGN APPROVED BY: Pt/_£ 7/?o/o3 CONTRACTOR (DATE) CITY OF CARLSBAD PROJECT: 3865-1, PALOMAR AIRPORT ROAD AND LA COSTA AVENUE DRAINAGE IMPROVEMENTS CONTRACT CHANGE ORDER NO.1 CONTRACT NO. 3865-1 ACCOUNT NO. CONTRACTOR: ADDRESS: 37070009060-38651921 J. Fletcher Creamer and Son, Inc 1287 4 San Fernando Rd, Sylmar, CA 91342 P.O. NO. P112731 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to subsection 3-2.2.3 Agreed prices, SSPWC 2000, and the Provisions of this contract, perform the following: Item: Provide all labor, materials and equipment, to perform necessary surveying for the project. Increase to contract cost. ................................................................... $2, 750.00 TOTAL INCREASE TO CONTRACT COST ................................................................ $2,750.00 Project: 3865-1, Palomar Airport Road and La Costa Avenue Drainage Improvements Change Order No. 1 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE AFFECTED BY THIS CHANGE ORDER RECOMMENDED BY: ~ coNSTRUCTIONMANAGR 7/10(03 (DATE) cL 0-1?-o:3 DEPUTY CITY ENGINEER (DATE) CITY ENGINEER (DATE) ,~~ ~ FINANCEDIRECTOR (DATE) ~ ,ti,\ DISTRIBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR DEPUTY CITY ENGINEER, DESIGN APPROVED BY: CONTRACTOR (DATE) -, --~\\~ ~. ))JUL 2 3 2003 CITY NAGE (DATE) F½ "4M£tH+w,;: ,;+4¥M-Mwmwz:u;:uzawn:,t,, to J#h# 4 u;g;ttJ§!i444Wl 014 ;;Ga;:m:q we;z.nx ttt -,;a 44. ¥.JM%¥JHfpa. , AiC a ;u. :;;:tt£tJL iii Jt. tk. &JZ..ttS.S:41t!MLJL . ~J)MJJU ;;14;uqu;A., lM ,Jt Ao*' .r CITY OF CARLSBAD San Diego County · California CONTRACT DOCUMENTS AND SUPPLEMENT AL PROVISIONS FOR PALOMAR AIRPORT ROAD AND LA COSTA AVENUE DRAINAGE IMPROVEMENTS CONTRACT NO. 3865 PWS03-12ENG 0 7/29/02 Contract No. 3865 Page 1 of 90 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids........................................................................................................................ 5 Contractor's Proposal .. . . .. . .. . . ... . .... .. ...... ... .. .. . ... .. .. . .. .. . . .. ... . . ... . .. .. ... . .. ... .. . . . ... . . . .. ... . .... .. .. . . . . . . . . .. . . .. ... . 9 Bid Security Form ............................................. :............................................................................ 15 Bidder's Bond To Accompany Proposal ....................................................................................... 16 Guide For Completing the "Designation Of Subcontractor and Amount Of Subcontractor's Bid Items" and "Designation of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work" Forms.......................................................................................................................... 18 Designation Of Subcontractor and Amount Of Subcontractor's Bid Items .......... ... ... . . . ..... .. ....... 20 Designation Of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work ............ 21 Bidder's Statement Of Financial Responsibility .. . .... .. ...... .... .. . .. . .. . .. . .. .. . . . . . ... .. . ... .... . .. .. .... .... .... .... .. 22 Bidder's Statement Of Technical Ability And Experience............................................................. 23 Bidder's Certificate Of Insurance For General Liability, Employers' Liability, Automotive Liability And Workers' Compensation........................................................................................... 24 Bidder's Statement Of Re Debarment .. ..... ...... ..... ... ..... ............................. .... ... ... . . . .. . .... .... ... ........ 25 Bidder's Disclosure Of Discipline Record .. .. .. . .. .. .. .. . . . . . . .. .. . . .. .. . .. .. .. . . . .. .. .. .. . . .............. ........ 26 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid.............................. 28 Contract Public Works................................................................................................................... 29 Labor And Materials Bond............................................................................................................. 35 Faithful Performance/Warranty Bond........................................................................................... 37 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention....................................... 39 0 7/29/02 Contract No. 3865 Page 2 of 90 Pages SUPPLEMENTAL PROVISIONS Part 1 Section 1 1-1 General Provisions 1-2 1-3 Section 2 2-3 2-4 2-5 2-10 Section 3 3-2 3-3 3-4 3-5 Section 4 4-1 4-2 Section 6 6-1 6-2 6-6 6-7 6-8 6-9 Section 7 7-3 7-4 7-5 7-7 7-8 7-10 7-13 Section 9 9-1 9-3 ft ~, 7/29/02 Terms, Definitions Abbreviations And Symbols Terms................................................................................................................... 42 Definitions...................................................... ....................................................... 42 Abbreviations........................................................................................................ 43 Scope And Control Of The Work Subcontracts . .. . ... . . ... .. . .... .. ... ... ...... ... . ... .... ..... . .. . . .... .. . . ... . . ... . .... .. . ... . . . ...... ... . .. . .. ..... 44 Contract Bonds.............................................. ................................................ ....... 44 Plans And Specifications............................... ....... ... .. ..... .. ..... ... ... ... ...... ... ... . . . ....... 45 Authority Of Board And Engineer.................. . .. ... ............. .. ... ... ... ... ....... .. ... . . . ... .. .. 46 Changes In Work Changes Initiated by the Agency.................. ....................................................... 47 Extra Work..................................................... ....................................................... 47 Changed Conditions............................................................................................. 47 Disputed Work............................................... ....................................................... 48 Control Of Materials Materials And Workmanship................................................................................ 51 Materials Transportation, Handling and Storage.................................................. 52 Prosecution, Progress And Acceptance Of The Work Construction Schedule And Commencement Of Work........................................ 52 Prosecution Of Work..................................... ....................................................... 53 Delays And Extensions Of Time ... ..... .. .... ..... . ...... .... .. .. .. ...... ...... . ..... ............... .... . 53 Time of Completion .... . . . ... . . . ... .. . ... .. . . . ... . ... . . . .. . . ... .. . ... . . .. .. . .. .. .. . .... .. . .. . .. ... . . .. . . .. . . . ... . 53 Completion And Acceptance................................................................................ 54 Liquidated Damages .. . . . ... . . . . .... . . ... . . . . . . . . ... . .. .. . . .. . . . . . .. . . . . .. .. .... . . ... . . . ... . . . ... .. . . .. . . . .. ... . 54 Responsibilities Of The Contractor Liability Insurance.......................................... ....................................................... 54 Workers' Compensation Insurance............... ....................................................... 54 Permits.......................................................... ....................................................... 54 Cooperation and Collateral Work.................. ....................................................... 55 Project Site Maintenance . . . .... . . . .. . . ... . . .. .... .. . .. .. .. . . . ... . . . . ... . . ... . . . .. . . . ... .. . .... . . . . .. . . . .. ... . 55 Public Convenience And Safety.................... .. ..... .... ...... .. ........... ...... .... .. .... .. .. . ... . 56 -Laws To Be Observed................................... ....................................................... 60 Measurement and Payment Measurement Of Quantities For Unit Price Work................................................. 60 Payment................................................................................................................ 60 Contract No. 3865 Page 3 of 90 Pages Part 2 Construction Materials Section 201 Concrete, Mortar And Related Materials ... . ..... .. .... ....... ..... .. .......... ... ...... .. . .. ...... .. 62 Section 203 Bituminous Materials............................................................................................. 63 Section 207 Pipes . .. . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . .. . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Section 208 Pipe Joint Types and Materials............................................................................. 67 Section 210 Paint and Protective Coatings . . . . . .. . . . . . . . . . . . .. . . . . .. . . . . .. . . . . ... . . . ... . . . .. . . . .. . . . .. . . . .. . . . . . . . . . . . . . 68 Section 212 Landscape and Irrigation Materials....................................................................... 68 Section 214 Pavement Markers................................................................................................ 69 Part 3 Construction Methods Section 300 Earthwork.............................................................................................................. 71 Section 301 Treated Soil, Subgrade Preparation and Placement of Base Materials ... .. . ...... .. 75 Section 302 Roadway Surfacing............................................................................................... 76 Section 303 Concrete and Masonry Construction . .. . . . . ... . . . .. . . . . . .. . . . . . . . . . . .. . . . .. . . . . . . . . .. . . . . .. . . . . . . . . . . . . . 77 Section 306 Underground Conduit Construction . .. . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 79 Section 308 Landscaping and Irrigation Installation................................................................. 81 Section 310 Painting................................................................................................................. 84 Parts System Rehabilitation Section 500 Pipeline.................................................................................................................. 85 APPENDIX A STANDARD DRAWINGS/PLANS Modifications to San Diego Area Regional Standard Drawings -See D-2 Regional Standard Drawing D-2 -Curb Inlet Type B Regional Standard Drawing D-9 -Storm Drain Cleanout Type A Regional Standard Drawing D-11 -Inlets and Cleanouts Notes and Details Regional Standard Drawing D-12-Curb Inlet Opening Regional Standard Drawing D-60 -Pipe Bedding and Trench Backfill for Storm Drains Regional Standard Drawing G-2 -Curb and Gutter -Combined Regional Standard Drawing G-6 -Curb and Gutter -Medians Regional Standard Drawing G-24 -Trench Resurfacing City of Carlsbad Supplemental Standard No. DS-1 -Local Depression APWA Standard Plan 221-1 -Pipe Anchor and Backfill Stabilizer APWA Standard Plan 380-2 -Pipe Collar ~ ~, 7/29/02 Contract No. 3865 Page 4 of 90 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 4:00 PM on November 25, 2002, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: PALOMAR AIRPORT ROAD AND LACOSTA AVENUE DRAINAGE IMPROVEMENTS CONTRACT NO. 3865 This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Cartsbad and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department All construction shall conform to Parts 2 and 3 of the 2000 edition of the Standard Specifications for Public Works Construction including any updated supplements for San Diego County (herein referred to as "Standard Specifications") except as specifically amended by these Contract Documents. All work shall be done in accordance with: 1) these Special Provisions; 2) the Plans for this project; 3) the current Standard Drawings of the City of Carlsbad; 4) the San Diego Regional Standard Drawings (SDRSD) published March, 2000, as amended; 5) American Public Works Association -Southern California Chapter (APWA) Standard Plans 1997; 6) the California Department of Transportation (CAL TRANS) Standard Plans, July 1999, where specific reference is made in these Special Provisions, and only for that particular item of work; 7) CAL TRANS Standard Specifications, July 1999; and 8) CAL TRANS Manual of Traffic Control, 1996. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The City of Cartsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The . bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. ~~ \i.> 7/29/02 Contract No. 3865 Page 5 of 90 / The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work 6. Bidder's Statement of Financial Responsibility 7. Bidder's Statement of Technical Ability and Experience 8. Acknowledgement of Addendum(a) 9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 10.Bidder' s Statement Re Debarment 11.Bidder's Disclosure Of Discipline Record 12.Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate; The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate including the deductive 18n Cured-in-place Pipe Liner bid item is $170,000. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non#refundable fee of $20.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. ~ \.J 7/29/02 Contract No. 3865 Page 6 of 90 The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer'' for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A pre-bid meeting and tour of the project site will not be held. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. " • ., 7/29/02 Contract No. 3865 Page 7 of 90 If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 1 O (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2002-288, adopted on the first day of October, 2002. ' Date ,, •+r 7/29/02 Contract No. 3865 Page S-of 90 CITY OF CARLSBAD PALOMAR AIRPORT ROAD AND LA COSTA AVENUE DRAINAGE IMPROVEMENTS CONTRACT NO. 3865 City Council City of Carlsbad CONTRACTOR'S PROPOSAL 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3865 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Item No. 1 2 3 4 Description Traffic Control Three thousand five hundred Dollars (Lump Sum) Clearing and Grubbing one thousand Dollars (Lump Sum) Unclassified Excavation and Grading Ten dollars Dollars per CY 5 Trench Resurfacing 6 Eight dollars Dollars per SF Cleanout (Type A-4) Three thousand nine hundred Dollars Each ~ ~, 7/29/02 SCHEDULE "A" BID ITEMS Approximate Quantity and Unit 1 LS 1 LS 560CY 1,850 SF 2 EA Contract No. 3865 Unit Price $ 3,500 $ 1,000 $ 1 O. 00 $ 8. 00 $3,900 Total $ sJ@r: 7 \",-,,~ .oc.J $ 3,500 $ 1,000 $ 5,600 $ 14,800 $ 7,800 Page 9 of 90 Pages Item No. Description 8 Cleanout (Type A-5) 9 Four thousand five Curb Inlet (Type 8-1, L=12') Four thousand five Approximate Quantity Unit and Unit Price 1 EA $4,575 2 EA $4,500 At»;\.. ;,C> "' ,M{LF /\V $ 35. 00 10 11 12 6-inch Curb and Gutter (Type G-2) hi Dollars per LF Median Curb and Gutter (Type 8-2) Thirt five dollars Dollars per LF 5' PCC Sidewalk Ten dollars Dollars per LF 13 Stamped Concrete (Median) Replacement Sixteen dollars Dollars per SF 14 18-inch Reinforced Concrete Pipe Storm Drain ®e. buo.\c..J 4D ~ S<We.at«.e-n Jc l\.,.,..-s. Dollars per LF 15 Pipe Anchor with Backfill Stabilizer One thousand Dollars Each 16 Pipe Collar Seven hundred fjfty Dollars Each 17 Traffic Striping and Pavement Marking two thousand Dollars Lump Sum 18 Hydroseeding One dollar Dollars Lump Sum ~ ;-c;i-$ 35. 00 ,~->.S~~f /4.../'$ /'~ 10.00 ----- 175 SF $ 16.00 ~ 430 LF $ \~O ;;>' \\\.00 2EA $ 1,000 1 EA $ 750.00 1 LS $ 2,000 2,500 SF $ __ 1 __ .;:;...0::....:0:... "-+' 7129102 Contract No. 3865 Total $ 4 r 575 $ 9,000 noo.oo~ $ h:'.4ffif , '"100. oc>~ $ ~ . \ ,')...SO.<.:>c,~ $)-,:61fo > $ 2,800 ./y'\--•" $ 'S~O- > '5 o , :)\ o . o D $ 2,000 $ 750.00 $ 2,000 $ 2 r 500 Page 10 of 90 Pages Item No. 19 20 Description Cured-in-place Pipe Liner Installation in 21" Corrugated Metal Pipe sc-veo:t~ £.,.,r :l:bomhllnd iioU a.cs Dollars Lump Sum Remove and Dispose of Type A Cleanout Ona tboutland Dollars Lump Sum Total amount of bid in words for SCHEDULE A: Approximate Quantity and Unit 1 LS 1 LS Unit Price $ (o~ 7 .J!'i'-1 "'< 1oc::>O $ 1 , 000 $1,000 \)O'\... ..... ~.::; -a.., od Aoo OH:naciJ, \'dTNESScu AND RECORDED: Total amount of bid in numbers for SCHEDULE A: $._...;..\ _C\-=--"1....;.._.,___o_~_~_._o_o ___ _ SCHEDULE "B" DEDUCTIVE BID ITEM 21 Cured-in-place Pipe Liner Installation in 1 LS 18" Corrugated Metal Pipe &:. \JfW~ ~0->..~ \.::l'J:i.,..)e ~~~~ ~ 0\,.'1,.-c,,{\-"") '\.. a) /-.cO Dollars Lump Sum Total amount of bid in words for SCHEDULE B: Total amount of bid in numbers for SCHEDULE B: {. !9--~ $ \\ \ 0..00 / $ \\ C\00 ~Ln,,_ GNATuRE $ \\ C\.00 THE BIDDER SHALL SUBMIT BIDS ON BOTH SCHEDULE "A" AND SCHEDULE "B" BID ITEMS. THE CONTRACT WILL BE AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR THE SUM OF BID SCHEDULES "A" AND "B". THE CITY OF CARLSBAD RESERVES THE RIGHT TO DEDUCT SCHEDULE "B" FROM THE CONSTRUCTION CONTRACT WITHOUT AFFECTING THE UNIT PRICES FOR OTHER BID ITEMS. Price(s) given above are firm for 90 days after date of bid opening. , o, s,..\.. \"=-o-0... . F\. a.. \:) l\ \ ~'Sr \ d-s· 0 0 ft "' 7/29/02 Contract No. 3865 Page 11 of 90 Pages Addendum(a) No(s). ___ ~--~---+~-----has/have been received and is/are included in this 7 proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 587920 , classification A which expires on 2-29-04 , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15{e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is Bidder' s Bofnd Cashier's Check) for ten percent (10%) of the amount bid. (Cash, Certified Check, Bond or The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. ft Q 7/29/02 Contract No. 3865 Page 12 of 90 Pages License Detail Page 1 of 2 California Home Thursday, December 05, 2002 Wrl1,mwto California '. '1 I~.. HOLLYWOOD \a· ' cl 'A ,.,.,,,,.., " License Detail CALIFORNIA CONTRACTORS STATE LICENSE BOARD Contractor License # 587920 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: • CSLB is prohibited by law from disclosing complaints until they are referred for legal action. • Per B&P 7071.17, only construction related civil judgments known to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration . • Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 12/05/2002 * * * Business Information * * * J FLETCHER CRE MER & SON INC 12874 SAN FER ANDO ROAD SYLMAR, A 91342 Business Phone Num er: (818) 367-9748 Entity: Cor oration Issue Date: 02/06/1990 xpire Date: 02/29/2004 This license is current and active. All inform tion below should be reviewed. IA I GENERAL ENGIN ERING CONTRACTOR lcertll Description I ~IHOME IMPROVEMENT CERTIFICATION! * * * Bonding Information * * * http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 12/5/2002 License Detail Page 2 of 2 CONTRACTOR'S BOND: This license filed Contractor's Bond number 687198 in the amount of $7,500 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date: 03/01/1994 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(1): This license filed Bond of Qualifying Individual number 5740533 for GEORGE CHRIS MALLAKIS in the amount of $7,500 with the bonding company SAFECO INSURANCE COMPANY OF AMERICA. Effective Date: 03/21/1996 ***Workers Compensation Information*** This license has workers compensation insurance with the ST PAUL FIRE AND MARINE INSURANCE COMPANY Policy Number: WVK2900618 Effective Date: 03/31/2001 Expire Date: 03/31/2003 WJ:!rkers Compensation Hlst.o.ry Personnel List License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request @ 2002 State of California. Gray Davis, Governor. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB _LIBRARY /License+Detail.asp 12/5/2002 Personnel List Page 1 of 1 California Home Thursday, December 05, 2002 .. . " w,liomrw California '. ; I \~. 'HOLLYl/000 '*-~ ,...,.,,,, Personnel List CALIFORNIA CONTRACTORS STATE LICENSE BOARD Contractor License # 587920 ~lick on the person's name to see a more detailed page of information on that person. Name Title Association Disassociation Class More Date Date Class ROBERT ROGUT TREASURER 02/06/1990 07/06/1992 ROBERT MIL TON SECRETARY 02/06/1990 02/19/1998 SCHEETZ ROBERT ALFRED PRESIDENT 02/06/1990 07/06/1992 STARK FRANK JOHN RME 02/06/1990 10/18/1991 A MORITZ THOMAS JOHN RME 02/05/1992 02/01/1996 A CAWLEY J FLETCHER JR PRESIDENT 02/05/1992 CREAMER DALE ARTHUR VICE 02/05/1992 CREAMER PRESIDENT JOHN A LOFTUS VICE 07/06/1992 01/31/1994 PRESIDENT ANTHONY A SUPPA VICE 07/06/1992 02/25/2002 PRESIDENT GLENN L CREAMER OFFICER 07/06/1992 ESTELLE R SECRETARY 07/06/1992 MARAFINO ANDREW J Ill VENA SECRETARY 01/31/1994 02/19/1998 GEORGE CHRIS RME 04/03/1996 A More MALLAKIS License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request © 2002 State of California. Gray Davis, Governor. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/Personnel+List.asp?LicNum=587920 12/5/2002 City of Carlsbad 1Rhidlti-1•h·l•J4·1Uii,,14hl November 21, 2002 ADDENDUM NO. 1 RE: PALOMAR AIRPORT ROAD AND LA COSTA AVENUE DRAINAGE IMPROVEMENTS, PROJECT NO.: 3865 Please include the attached addendum in the Notice to Bidder/Request for Bids you have .for the above project. Please note change in due date for the above-mentioned bid. New date for bid opening is: Thursday, December 5, 2002 Time remains the same: 4:00 p.m. This addendum--receipt acknowledged--must be included to your bid when your bid is submitted . .#---?P~i:::\---:7.~ f r.:,y"' LISA HILDABRAND Purchasing Officer LH:jlk I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 ~'OV 25 2002 J. Fletcher Creamer & Son 1635 Faraday Avenue., Carlsbad, CA 92008-7314., (760) 602-2460 • FAX (760) 602-8556 @ From: CITY OF CARLSBAD Palomar Airport Road and La Costa Ave Drainage Improvements -Contract No. 3865 Addendum No. 1 Jon Schauble, Project Manager Phone: (760) 602-2762 Fax: (760) 602-8562 • No. of Pages: 2 Date: November 21, 2002 Bid Opening Date: December 5, 2002 4:00 pm (changed) A. Question: What about the tree near the cleanout in betwee'n the houses? Answer: The homeowner wants to keep the tree as intact as possible. However, the homeowner is willing to have impeding branches removed in order to complete the work provided that the tree is not killed. B. · Question: Can we get a video showing the pipe to be lined? Answer: No. See Section 500-1.4.5.2 Incidental Items. Paragraph (d) says that the interior of the pipeline shall be inspected by the Contractor and a video tape and log shall be kept by the City. This inspection and video is considered incidental to the work and no extra payment will be made. C. The following changes have been made to Part 5 of the Supplemental Provisions: Section 500-1.4.5.1 Installer/Contractor Qualifications. (b) For a Product to be considered Commercially Proven, a minimum of 250,000 linear feet of successful waste•.vater collection system installations in the U.S. must be documented to the satisfaction of the Owner to assure commercial viability. In addition, at least 50,000 linear feet of the product shall have been in successful service within the State for a minimum of five years. (c) For an Installer to be considered as Commercially Proven, the Installer must satisfy all insurance, financial, and bonding requirements of the Owner, as defined in these bid documents, and must have had at least 3 (three) years active experience in the commercial installation of the product bid under the Contractor's License number listed with the bid. In addition, the Installer must have successfully installed at least 5,000 feet of cured-in-place pipe liner. The installation contractor's proposed foreman shall have installed at least 5,000 linear feet of cured-in-place pipe liner. Acceptable documentation of these minimum installations must be submitted to the City. (d) <delete this entire paragraph> Contract No. 3865 Addendum No. 1 1 D. The following changes have been made to the Bid Items: Bid Item No. 1 0 "6-inch Curb and Gutter (Type G-2)" should be 20 linear feet. Bid Item No. 11 "Median Curb and Gutter (Type B-2)" should be 20 linear feet. Bid Item No. 12 "5' PCC Sidewalk" should be 125 square feet. Contract No. 3865 Addendum No. 1 2 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature {given and surname) of proprietor (3) Place of Business (Street and N City and State ______________ .,.._ _____________ _ (4} Zip Code ________ Telephone No _______________ _ IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted (2} Signature (given and surname and ch acter of partner) (Note: Signature must be made by a general partner) (3) Place of Business-----,'----------------------- {Street an City and State-------,'------------------------- (4) Zip Code ________ Telephone No. _______________ _ IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted J. Fletcher Creamer & Son, Inc. (2)~ ~gnature) Area Manager (Title) Impress Corporate Seal here ~ ~ 7/29/02 Contract No. 3865 Page 13 of 90 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cali-fo_rn_i_a ____________ } ss. County of _ \-.4 ":> ~lo'C.\-.~C:.,. On \11,.. [~ /C'\.- Date Name and Trtle o1 Officer {e.g., "Jane Doe, Notary Public") personally appeared ---~-~_a11_1µ,aj_:9-___ '("t', __ ~---~--~-----------~ Name(s) o1 Slgner(s) ~ersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 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. Signature ol 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: __ c..._-:s:.:_, _\ _ __.;;:c:;_~,___c---'-~...:....,_IUJ;._;:~c..=...iS%:>..,~-"-"-=------~--==-~-"-'-------- Document Date: \ ')-/-, I,.......--Number of Pages: ____ _ Signer(s) Other Than Named Above: _____________________ _ Capacity(ies) Claimed by Signer Signer's Name: _______________________ _ D Individual D Corporate Officer-Title(s): _________________ _ D Partner -D Limited D General D Attorney-in-Fact D Trustee C Guardian or Conservator D Other: ________________________ _ Signer Is Representing: ____________________ _ j ·I l ,J ,1 @ 1999 National Notaty Association• 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.natlonalnolary.org Prod, No. 5907 .,.::.... • ...:~ ~ ,J Reorder: Call Toll·Free 1·800·876--6827 ·- (3) Incorporated under the laws of the State of New Jersey (4) Place of Business 12874 San Fernando Rd. Sylmar, CA 91342 (Street and Number) City and State ___ S"""'y,_l_m_a_r __ ,.___C..;..A_9;;__1.;;..3..;..4=2 __________________ _ (5) Zip Code __ 9 _13_4_2 ____ Telephone No. 818-367-9748 NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Please see detailed list attached. ft "-1 7 /29/02 Contract No. 3865 Page 14 of 90 Pages J. fLETCHER CREAMER & SON, INC. C O N T R A C T O R S 101 EAST BROAONAY • HAO<ENSAO<, NEW JERSEY 07601-6846 • (201) 488-9800 • FAX (201) 488-2901 www.jfcson.com September 16. 2002 To Whom It May Concern: This will confirm that George Mallakis. as Area Manager of J. Fletcher Creamer & Son. Inc .. is authorized to sign bids for work to be performed on behalf of the company. Very truly yours. Creamer, Jr. President Corporate Secretary EQUAL OPPORTUNITY EMPLOYER" J. Fletcher Creamer & ~on, Inc: .. Stockholder Information Corporate Officers 2001 As ofJanua 1 2000 Shares of Social Ownership Common Stock Name Title Mailing Address Security No. Expiration Date Percentage owned J. Fletcher Creamer Chief Executive Officer 37 E. Saddle River Road 570-36-3303 December 31, 2001 39.7727% 28,875 Saddle River, NJ 07458 J. Fletcher Creamer, Jr. President 49 E. Saddle River Road 152-44-3696 December 31, 2001 32.7617% 23.785 Saddle River, NJ 07458 Glenn L Creamer Executive Vice President 8 Arrowhead Court 139-46-5801 December 31, 2001 10.8402% 7,870 Ramsey, NJ 07446 Dale A. Creamer Vice President/Asst. Treas. 426 Airmount Road 158-50-8332 December 31, 2001 10.8402% 7,870 Ramsey, NJ 07446 Brad Jorrey Vice President -Heavy Const. RD 2 Bartbull Road, Box 755 055-40-1762 December 31, 2001 Middletown, NY 10940 George Kreis Vice President -Operations 47 Mill Road 145-38-7929 December 31, 2001 Woodcliff Lake, NJ 07675 Estelle R. Marafino Secretary 41 Van Orden Road 130-28-6486 December 31, 2001 Harrington Park, NJ 07640 John Martin Treasurer 3 Newark Avenue 146-36-9014 December 31, 2001 Westwood, NJ 07675 Katherine I. Creamer Assistant Secretary 37 E. Saddle River Road 141-24-9239 December 31, 2001 5.7851% 4,200 Saddle River, NJ 07458 100.0000% 72,600 Board of Dlr~ots Social Name Mailing Address Security No. Expiration Date J. Fletcher Creamer 37 E. Saddle River Road 570-36-3303 December 31, 2001 Saddle River, NJ 07458 J. Fletcher Creamer, Jr. 49 E. Saddle River Road 152-44-3696 December 31, 2001 Saddle River, NJ 07458 Glenn L. Creamer 8 Arrowhead Court 139-46-5801 December 31, 2001 Ramsey, NJ 07446 Dale A. Creamer 426 Airmount Avenue 158-50-8332 December 31, 2001 Ramsey, NJ 07446 , \ BID SECURITY FORM (Check to Accompany Bid) PALOMAR AIRPORT ROAD AND LA COSTA AVENUE DRAINAGE IMPROVEMENTS CONTRACT NO. 3865 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF Bidder's Bond attached. CARLSBAD, in the sum of ________________________ _ ______________________ dollars($ _______ ,), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) ,t ~, 7/29/02 Contract No. 3865 Page 15 of 90 Pages BIDDER'S:BOND TO ACCOMPANY PROPOSAL PALOMAR AIRPORT ROAD AND LA COSTA AVENUE DRAINAGE IMPROVEMENTS CONTRACT NO. 3865 KNOW ALL PERSONS BY THESE PRESENTS: That we, J. Fletcher Creamer. & Son, Inc as Principal. andSafeco Insurance Company of ,America as Surety are held and firmly :bound unto the City of Carlsbad, Cafifomia, in an amount as follows; (must be at least ten percent {10%) of the bid amount) **see below for which payment. well and truly made. we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above~ bounden Principal for. PALOMAR AIRPORT ROAD AND LA COSTA AVENUE DRAINAGE IMPROVEMENTS CONTRACT NO. 3885 in the City of Carlsbad, Is aco~pted by the City Council, and if the Principal shall duly enter into and execute a Contract Including required bonds and insurance pollcles within twenty (20) days from the date of award of Contract by ~he City Council of the City of Carlsbad, being duly notified of said award, then this obligation shaJI become null and void: otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. ··· * * Ten (10%) Percent of the Amount Bid • Conlrect No. 3866 Page 16 of 90 Pages r f n the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PAI NCI PAL this · 25th day of _ __,N:.:.;;o...:v-=e=mb=-e:::..:r=--------' 20~. PRINCIPAL: l 1/ Executed bi SURETY this _2_5_t_h ___ day of Novem er 20_Q_2_. Jr. SURETY: Safeco Insurance Company of America President, J. Fletcher Creamer & Son, Inc. (name of Surety) Estelle R, Marafino, Corporate (print name here) 1200 MacArthur, Mahwah, New Jersey { address of Surety) (732) 524-988B (tele~hone number of Surety) Secreta~r ~~ //(~~~ I, Fletcher Creamer & Son, Inc. / · -{t .... itl.._.e._a...,n-d..,.o .... r .... g""'a""'n.._iz...,a..,.tl"""o=n=o=f"'"'s--ig:a...n..,;;;;a_,to,....ry...._) -----__ K_a_t_h_l_e_en_A_n_e_l_l_o ________ _ (printed name of Attorney-in-Fact) (Attach corporate resolution sh9wing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCf PAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD A. BALL City Attorney 0 7129/02 Contrao1 No. 3865 Page 17 of 90 Pages CONSENT OF SURETY SAlil;!;(J IN:S!JtoV\N\.,C \.,l,,IIYlrN, ' ....,, l"MCN-- GENEAAL INSURANCE COMPANY CF AME~'CA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE;: SAFeco PLAZA -I We, the undersigned, SAFECO INSURANCE COMPANY OF AMERICA , a corporation organized and existing the la,vs of the State of Washington and authorized to do business in the State of California _____________ with offices at 1200 MacArthur Blvd., Mahwah, New J~rsey 07430 do hereby consent and agree with City of Carlsbad that if the foregoing proposal of J. Fletcher Creamer & Son, Inc. for 430 LF 1811 RCP Storm Drain b~accepted and the contract be timely awarded and executed by __ __:J;._•;;......:F ... l_e;;..:t;.::c:;,;;.h:;.;:e_r--=C-=r-=e-=a-m __ e,;:.r-'&::....,S ... o::..:n;.:..:,......_.I:.::.n~c-=·----- we will, upon its being so awarded and entered into, become surety for the said J · Fletcher Creamer & Son, Inc·. in a sum not to e:itceed --One Hundred Percent of the Total Contract Amount-- ______________________________ Dollars($100% Contract Amount-) for the faithful performance of said contract. Signed, sealed and dated this ___ 2 __ 5"""'t_h __ day of ____ N~2~v...,e...,m.,.h .... e .. i; _______ _ 2QQ2 • ~ SAFEco· KNOW ALL BY THESE PRESENTS: POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERJCA GENERAL INSURANCE COMPA."IY OF AME.RICA HOME OFFICE: SAFECO P' ... AZA SEATT'LE. WASHINGTON 98185 No. 3145 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA. each a Washington corporation, does each heraby appoint •••••••••••••••• ................. •••••K_,\'niLEES A~"'ELLO: RICHARD.~~ K:.'\CDSO~. JR.: ~tAR\" E. STA\\ 1CKt: Cb.rk. ~~w Jersc•y,. .. ••••••••••• .. •••••••• .. ••••• .. ••• .. •- its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other dOCt1ments of a similar character issued in the course or its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 28th --------------dayof Man:h , 2002 R.A. PIERSON, SECRETARY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article v. Section 13. -FIDELITY ANO SURETY BONDS ... the President, any Vice President, !he Secretary, and any Assistant Vice President appointed for !hat purpose by the officer In charge of surety operations. shall each have authority to appoint individuals as attorneys-In-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surely bonds and other documents of similar character issued by tho company in the course of its business .•. On any ·-'-strument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or jertaking of the company. the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided. however, that the seal shall not oe necessary to the validity of any such inslrument or undertaking.· Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. ·on any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Miele V, Section 13 of the By-Laws, and (II) A copy of the power-of-attorney appointment, executed pursuant thereto, and (Iii) Certifying that said power-of-attorney appointment Is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pieraon. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations. and of a Power of Attomey issued pursuant thereto, are true and correct. and that both the By-Laws, the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 25th S-097 4/SAEF 2/01 day of __ N_o_v_e_m_b_e_r ____ _ 2002 RA PIERSON. SECRETARY El A ~e,ed !radema"' cf SAFECO Cor,:x;ra:icn 03.'2e.'2002 PDF ~ SAFECO• GENER.AL INSURANCE COMPANY OF AMERICA FJNANCW. STA '1.'EMENT-DECBMBER 31, 2001 .Asseb Lltbilltla Cash and Bank Deposits-······-·-·--··· ... ·-···~···· $ 2.25&,260 Unearned Pnmuwns -··-----·-.. ···-_ ........ .. • Bonds -U.S. Govem.m.ent ·······-·· .. ·--····-·-·-·· 128.521.602 ~ for Claims zd ctalms E,q,ense .• _. ••....... Rese.rve fO£ Dividends co Po&C)'holdm ··-·--······ •Other Bends ,.-...... _ ..................... -······-"""·"'"· l.249,sti7,198 Additicll.lJ Scatutary Raserve ......... "' ........ _ ........ .. •stocts ................................................................... 345,w,101 Reserve l'otCommbsions. Taxes aod . Other Ulbilidcs ...... -........................ -.......... .. Real Estate ..................... -.............. -..... .............. 19.857.799 Tobd ... ,_, .. _, -· _ ........... , ___ ..,, ....... ........ Asencs• Balances or Uncollected Premiums .. ..... 204.193,229 c.pial Srock ............................. $ ~.000.000 Accrued lnfere.n and Rents ..... ._ .................. ._.... 23,181,195 Paid In Surplus........................... 95,89 l.OSS Unassiped Surptm ................... ,13,497,010 Other Admitted AssetS ......................................... 18$.1491880 Sarplus to Policyholders _,_., ___ , ... •Bonds are arated at amorti.ted or lnvestmcnc vl1.luc: Stodcs 11 Auocl1.don Market Val11es. Securtdes canied at $83.270,097 are depoaited as required by law. S 400.036,48-; • 1,059,779,623 4.658.870 179,731.825 Sl,644.206.802 I. MICHAEL C. PETERS, ptl!sident of OetierAl Insurance Company or America. do hereby certify rhm th• toregotnc Is a we, ond correct statement or the Aueu and Llabllldes of said Corpon.tion. as ot December 31,. 200 l, 10 the be.st of my kaowled,i:e ond belief. ,1N WITNESS WHEREOF, I hove hereunto set my hand and lltflxed lhe seal or alld Corporation at Seattle, Washington, chis l.tc dny of March, 2002. l l' i. i: I . ' -' .- ACKNOWLEDGMENT OF SURETY STATE OF NEW JERSEY COUNTY OF UNION On November 25, 2002, Kathleen Anello to me known, who, being by me duly sworn, did depose and say that he/she is an Attorney in Fact of Safeco Insurance Company of America the corporation described in and which executed the within instrument; that he/she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal; and that he/she signed the said instrument and affixed the said seal as Attorney in Fact by authority of the Board of Directors of said corporation and by the authority of his/her office under Standing Resolutions thereof. Nancy L. Brooker Notary Public of New Jersey My Commission expires March 10, 2006 ACKNOWLEDGMENT OF PRINCIPAL STATE OF ___ N_e_w_J_e_r_s_e"""y __ _ COUNTY OF -~B~e~r~g,._e~n~---- On this 25th day of November 20 02 before me personally came J. Fletcher Creamer, Jr. to me known, who, being by me duly sworn, did deposeandsaythathel&ke:residesat 49 E. Saddle River Rd. ,Saddle River, NJ 07458 and that he/abecis the President of J. Fletcher Creamer & Son, Inc. the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that one of the seals affixed to said instrument is such seal; that it was so affixed by order of the directors of said corporation, and that he/she signed his/her name thereto by like order. ~- RAFFAELLA BELLINI NOTARY PUBUC STATE OF NEW JERSEY MYCOMMISSIONE>CPIRESSEPtaa.'IJ1J7 l0#2292021 ACKNOWLEDGMENT OF PRINCIPAL STATE OF New Jersey COUNTY OF Bergen ---=------- O n this _s ____ day of December 20 02 before me personally came __ E:.:as;.;::t;.;::ec:l;.:l~e....;;.;Ra.:.. _M=ar=-a.;;;;;.f=-1=-· n;;;;.o;;;..._ ______ to me known, who, being by me duly sworn, did depose and say thabhe/she resides at 41 Van Orden Rd •• Harrington Park, NJ 07640 and thatile/she is the Co,rporate Sec. of J. Fletcher Creamer & Son, Inc. the corporation described m and which executed the foregoing instrument; that he knows the seal of said corporation; that one of the seals affixed to said instrument is such seal; that it was so affixed by order of the directors of said corporation, and that he/she signed his/her name thereto by like order. RAFFAEU.A BEU.II NOTARY PUBLIC 8TAlE OF NEW .1R8EY MYCOMMISSIONfXPIREISEPt2D.DI ID#228202I Company Profile Page 1 of 2 Company Profile SAFECO INSURANCE COMPANY OF AMERICA STATE FILINGS C-2 SAFECO PLAZA SEATTLE, WA 98185 800-332-3226 Former Names for Company Old Name: SELECTIVE AUTO & FINS CO AMER Effective Date: 11-02-1953 Agent for Service of Process DAWN JEWORSKI, 17570 BROOKHURST STREET FOUNTAIN VALLEY, CA 92708-4792 Unable to Locate the Agent for Service of Process? Reference Information NAIC#: NAIC Group#: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 24740 0163 1442-3 October 07, 1953 UNLIMITED-NORMAL Property & Casualty WASHINGTON Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACIDNERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE http://www4.insurance.ca.gov/wu/idb_co_prof_utl.get_co_prof?p_EID=3361 12/5/2002 Company Profile LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEIBCLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint ~Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised· October 29, 2002 01:45 PM Copyright © California Department of Insurance Disclaimer http://www4.insurance.ca.gov/wu/idb_co_prof_utl.get_co_prof?p_EID=3361 Page 2 of 2 12/5/2002 ---GUIDE FOR COMPLETING THE 11 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS11 AND 11 DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK11 FORMS REFERENCES. Prior to preparation of the following Subcontractor and Owner Operator/Lessor disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the Supplemental Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer'', "Subcontractor" and "Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization" and "Owner Operator/Lessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of these Supplemental Provisions. CAUTIONS. These forms will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or owner operator/lessors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS. The Bidder shall set forth the name and location of business of each and every subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor or Owner Operator/Lessor licensed as a contractor by the State of California who the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%} of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of manpower and equipment that it proposes to use to complete the Work. Additional copies of the forms must be attached if required to accommodate the Contractor's decision to use more than one Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out. These forms must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. Neither the amount, in dollars, of work performed by the Bidder's own forces (as Contractor) nor the Bidder's overhead and profit for subcontracted items of the work is included to compute the percentage of the work performed by Subcontractors or Owner Operators/Lessors. When the Bidder proposes that any bid item will installed by a Subcontractor or Owner Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner Operator/ Lessor must be entered under the columns "Amount of Subcontracted Bid Item Including Subcontractor's Overhead & Profit" or " Amount of Owner Operator/Lessor Bid Item Including Owner Operator/Lessor's Overhead & Profit " unless the dollar amount of all work performed by any Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit Price, less the Bidder's overhead and profit, shall be multiplied by the Quantity of the bid item that the Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed. ~ ~, 7/29/02 Contract No. 3865 Page 18 of 90 Pages ,- Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor, as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor or Owner Operator/Lessor installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor or Owner Operator/Lessor installing said item. The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets) shall be entered in the "Bid Item No." column. When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must be entered on the form. If the Subcontractor does not have a valid business license enter "NONE" in the appropriate space. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the Bidder proposes to perform no less than fifty percent {50%) of the work with its own forces. Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the contract shall determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. ~ ~, 7/29/02 Contract No. 3865 Page 19 of 90 Pages ·. :' DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR1S BID ITEMS PALOMAR AIRPORT ROAD AND LA COSTA AVENUE DRAINAGE IMPROVEMENTS CONTRACT NO. 3865 The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: _\J........,,1:.::..,~..;,.~_"1:-=-=c.~-c.='-""'-----'c...=o..;.."N"'-=c...;-~-'-s;.:;;;;...~__;__;:~'--~-:s:._~_c... _____ _ Subcontractor's Location of Business. __ ..:_~_. _o_. _ __:\,;:__o_°"' _ __,,~"'-'~=-------------- street Address City State Zip *Subcontractor's Telephone Number including Area Code: ( '1 1o o ) "'\ W -\":?>~'5 *Subcontractor's California State Contractors License No. and Classification: 5 3 rt O C\ ca, r\ *Subcontractor's Carlsbad Business License No.: SUBCONTRACTOR'S BID ITEMS* Bid Amount of Subcontracted Amciunt of Work In Bid Item Bid Item Including _Item Per:Jormed by No. Subcontractor's Overhead Contract<>r ExchJding &.Pr<>nt . Overhe~ 8,. p'rqfit ~ $ "!l,'>-00,00 $ ~ 'l,\o"). PO p, $ "'),. • \C>C •00 $ \ \fSo.oo q $ U> o,o. oO $ \ '?1111..-e>O $ $ $ $ $ $ $ $ $ $ Explanation:· Column 1 -Bid Item No. from the bid proposal, pages 9 through 13, inclusive. Column 2 -The dollar amount of the item to be performed by the Subcontractor. Column 3 -The dollar amount of the item to be performed by Contractor's own forces. Amount of Contractor's overhead & Profit In Bid Item $ \ ,'la, .oo $ '1<\S -,M $ \ "''~ oO $ $ $ $ $ Column 4 -The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 9 through 10, inclusive. Page ;1., of ~ pages of this Subcontractor Designation form * ' Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids.· ft ~, 7/29/02 Contract No. 3865 Page 20 of 90 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS PALOMAR AIRPORT ROAD AND LA COSTA AVENUE DRAINAGE IMPROVEMENTS CONTRACT NO. 3865 The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 41 00 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000} whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: _...;;.-:t:.;...._v_;<::,;;;:..;~;;....:-t"_~_,,;:-'o;:...;.., __ "'""-_.;c.. __ -...;.'·-=~==-~-'-l,..c,_N_-o_"-_0_c..rx.. __ ,s._e:.::,-=------ Subcontractor's Location of Business __ ,_..._._-s._1,_.,_~-'""~-::s,~,..::._'l:,,=,e,..l~-------------- Street Address City State Zip *Subcontractor's Telephone Number including Area Code: ( tibo ) ~1.ot.--~~f"\e, *Subcontractor's California State Contractors License No. and Classification: *Subcontractor's Carlsbad Business License No.: SUBCONTRACTOR'S BID ITEMS* Bid Amount of Subcontracted Ii Anio~nt of Wor~ 1n Bid Item Bid Item lrtcluiji~ij .. lt~rn, Perform~d bY .. No. Subcontractor's Overhead Contractor Excluding ... &Prat,, Overhead & PrqfiJ · \ C\ $ <,O, C\00 $ -o- ;1. $ \0 10C>O $ -:>-. "\"\-0 oO $ $ $ $ $ $ $ $ $ $ $ $ Explanation:, Column 1 -Bid Item No. from the bid proposal, pages 9 through 13, inclusive. Column 2 -The dollar amount of the item to be performed by the Subcontractor. Column 3 -The dollar amount of the item to be performed by Contractor's own forces. Arriountof Contractor's Overhead ~ Profit lri BidU~m $ \'!,. ,oo ,00 $ -t>- $ $ $ $ $ $ Column 4 -The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 9 through 10, inclusive. Page ;).. of >-pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice inviting Bids.• ft Q 7/29/02 Contract No. 3865 Page 20 of 90 Pages DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK PALOMAR AIRPORT ROAD AND LA COSTA AVENUE DRAINAGE IMPROVEMENTS CONTRACT NO. 3865 The Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in preparing this bid for the Work and that the listed Owner Operator/Lessor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency. Full Owner Operator/Lessor Name: _____________ _ Owner Operator/Lessor Location of Business ___________________ _ Street Address City State Zip *Owner Operator/Lessor Telephone Number including Area Code: _,.( __ __.)...._ __ _ *Owner Operator/Lessor City of Carlsbad Business License No.: OWNER OPERATOR/LESSOR WORK ITEMS Amount of Owner Operator/Lessor Bid Item Amount of Work In Bid Bid Including Owner Item Performed by Amount of Contractor's Item Operator/Lessor's Contractor Excluding Overhead & Profit In Bid No. Overhead & Profit Overhead & Profit $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Explanation: Column 1 -Bid Item No. from the bid proposal, pages 9 through 13, inclusive. Column 2 -The dollar amount of the item to be performed by the Owner Operator/Lessor. Column 3 -The dollar amount of the item to be performed by Contractor's own forces. Item Column 4 -The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Owner Operator/Lessor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 9 through 10, inclusive. Page __ of __ pages of this Owner Operator/Lessor form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." ft ~, 7/29/02 Contract No. 3865 Page 21 of 90 Pages - BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) PALOMAR AIRPORT ROAD AND LA COSTA AVENUE DRAINAGE IMPROVEMENTS CONTRACT NO. 3865 Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. Please see attached. ~ Q 7/29/02 Contract No. 3865 Page 22 of 90 Pages J. Fletcher Creamer & Son, Inc. Financial Statements Six Months Ended June 30, 2002 J. Fletcher Creamer & Son, Inc. Index to Financial Statements Six Months Ended June 30, 2002 Page Management Letter........................................................................................................... 1 Balance Sheets................................................................................................................ 2 Notes to Financial Statements............................................................................................. 3 Management Letter Management is responsible for the preparation of the company's financial statements and associated data in conformity with accounting principles generally accepted in the United States of America. Some of the amounts are estimates based on the judgement of specialists within the company, and management's judgement of current conditions and circumstances. To provide reasonable assurance that assets are safeguarded against loss from unauthorized use of disposition and that accounting records are reliable for preparing financial statements, management maintains a system of internal accounting and managerial controls, including review of these controls in response to changes in business conditions and to assure ethical business practices. Independent certified public accountants have been engaged to examine and express an opinion of the company's annual financial statements. Management believes that the company's system of internal accounting and managerial controls, including policies and procedures, provides reasonable assurance that in all material respects assets are safeguarded and financial information is reliable. The following financial statement is the management report of J. Fletcher Creamer & Son, Inc. for the six months ended June 30, 2002, and 2001. CREAMER & SON, INC. fficer • 1 • -2- J. Fletcher Creamer & Son, Inc. Balance Sheets Assets June 30, 2002 June 30, 2001 Current Assets: Cash and cash equivalents $ 16,504,091 $ 3,361,625 Marketable securities 337,397 488,760 Requisitions, accounts, retainages, and other receivables net of allowance for doubtful accounts of $320,000 in 2002 and $334,330 in 2001 47,245,028 60,091,257 Costs and estimated earnings in excess of billings on contracts in progress 3,559,670 4,434,949 Inventory 1,090,220 1,148,963 Prepaid expenses 11385,960 718,174 Total Current Assets $ 70,122,366 $ 70,243,728 Property and Equipment: Land 460,235 460,235 Land improvements 164,789 164,789 Buildings and structures 1,633,208 1,374,459 Building improvements 167,075 167,075 Leasehold improvements 1,375,936 399,071 Furniture and fixtures 459,496 453,376 Helicopter 320,006 320,006 Construction and automotive equipment 53,593,029 . 49,962,052 Computer equipment 1,324,597 1,222,600 Total 59,498,371 54,523,663 Less: Accumulated depreciation 45,447,895 39,661,814 Net Property and Equipment 14,050,476 14,861,849 Other Assets: Investment in joint venture 1,161,379 1,232,295 Net cash surrender value officers life insurance 171,559 165,779 Intangibles, net of amortization 102,252 Total Other Assets 1,332,938 1,500,326 Total Assets $ 85,505,780 $ 86,605,903 The Accompanying Notes are an Integral Part of these Financial Statements. J. Fletcher Creamer & Son, Inc. Balance Sheets Liabilities and Stockholders' Equity June 30, 2002 Current Liabilities: Accounts payable and accrued expenses, including retainages Notes and loans payable, current portion Billings in excess of costs and estimated earnings on contracts in progress Accrued losses on contracts in progress Accrued state income taxes Total Current Liabilities Long-Term Liabilities: Notes and loans payable, net of current portion Total Liabilities Commitments and Contingencies Stockholders' Equity: Common stock, $100 stated value, 1,000 shares authorized, issued and outstanding Paid-in capital Retained earnings Unrealized gain {loss) on marketable securities Total Stockholders' Equity Total Liabilities and Stockholders' Equity $ 28,343,937 6,271,277 5,244,102 633,532 100,000 10,551,384 29,890,207 (575,334) $ 40,492,848 5,046,675 45,539,523 39,966,257 $ 85,505,780 -3 - June 30, 2001 $ 32,654,066 5,484,114 10,239,547 89,015 222,607 100,000 10,673,914 18,166,814 192,957 $ 48,689,349 8,782,869 57,472,218 29,133,685 $ 86,605,903 The Accompanying Notes are an Integral Part of these Financial Statements. -4- J. Fletcher Creamer & Son, Inc. Notes to Financial Statements Note 1 -Summary of Significant Accounting Policies: A. Nature of Business -J. Fletcher Creamer & Son, Inc. (the Company) is a construction contractor with operations throughout the United States. The principal services of the Company include heavy and general construction, the construction and installation of various roadwork barriers, curbs, guiderails and signs, the installation of gas, water and sewer mains, electric and fiber optic conduit, fiber optic cable, and the cleaning and lining of water and sewer mains. The work is performed under fixed price, unit price, and time and material contracts. The length of the Company's contracts varies, but is typically less than three years. B. Method of Accounting for Income from Construction Contracts -Income from long-term construction contracts is recognized under the percentage-of-completion method. Under this method estimated profit to be earned upon completion of a contract is recognized in the proportion that direct costs incurred to date bears to estimated total costs to complete the contract. Cost and profit estimates are subject to revision as contracts extend over one or more periods, and any required adjustments are made in the period in which revisions become known. Provisions are made for the full amount of anticipated losses in the period in which they are first determinable. Claims for additional contract revenues are recognized to the extent of costs incurred if it is probable that the claim will result in additional revenue and the amount can be reliably estimated. Profit on such claims is not recognized until the claims have been allowed. Revenues earned from time and material contracts are recognized on the basis of costs incurred during the period plus the fee earned, measured by the cost-to-cost method. The asset, "Cost and estimated earnings in excess of billings on contracts in progress", represents revenue recognized in excess of amount billed. The liabi1ity,"Billings in excess of costs and estimated earnings on contracts in progress", represent billings in excess of revenues recognized. C. Estimates -The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. D. Balance Sheet Classification -In accordance with industry practice, the Company includes in current assets and liabilities amounts realizable and payable under long-term construction contracts. These contracts usually extend from one month to a period not exceeding three years. E. Marketable Equity Securities -Marketable equity securities are classified as available-for-sale securities. Available· for-sale securities are recorded at fair value, with the change in fair value during the period excluded from retained earnings and recorded as a separate component of equity. Cost and fair values of marketable equity securities at June 30, 2002 and 2001 are as follows: Unrealized Cost Basis Gain (Loss) Fair Value June 30. 2002 Equity Securities $ 912,731 $ (575,334) $ 337,397 June 30. 2001 Equity Securities $ 295,803 $ 192,957 $ 488,760 - 5 - Note 1 -Summary of Significant Accounting Policies (Continued) : F. Inventory -Inventory is stated at the lower of cost (determined on a first-in, first-out basis) or market, and consists principally of job materials that have been purchased for construction contracts. G. Property and Equipment -Property and equipment are recorded at cost and items are depreciated under the accelerated and straight line methods. Depreciation is provided in amounts sufficient to write off the cost of depreciable assets, less salvage value, over their estimated useful lives. H. Income Taxes -The company has elected, under provisions of the Internal Revenue Code, to be an S Corporation. In lieu of corporate federal income taxes, the stockholders of an S Corporation are taxed on their proportionate share of the Company's taxable income. Therefore, no provision or liability for federal income taxes has been included in these financial statements. The provision for state taxes has been computed at the reduced rate allowed for New Jersey S Corporations. The Company will continue to be subject to state taxes of those jurisdictions that it currently operates in at the applicable state tax rates. I. Cash Equivalents -For purposes of the statement of cash flows, the Company considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivalents. J. Concentration of Credit Risk for Cash Held at Banks -The company maintains cash balances at several banks. Accounts at each institution are insured by the Federal Deposit Insurance Corporation up to $100,000. K. Reclassifications -Certain reclassifications have been made to prior year amounts in order to conform to the current year presentation. Note 2 -Unbilled Accounts Receivable: Included in requisitions, accounts retainage, and other receivables are unbilled accounts receivable of $0 and $398,473 as of June 30, 2002 and 2001, respectively, which were substantially billed in the following month. Note 3 -Investment in Joint Venture: The company has an interest (one third) in Bishop-Sanzari-Creamer (A Joint Venture). The company is accounting for its investment in this joint venture by recording the investment in the balance sheet under the equity method of accounting under which the Company's share of the net income for the joint venture is added to the investment account, and distributions received from the joint venture are treated as a reduction to the investment account. In the income statement the Company's proportionate share of revenues and expenses of the joint venture are presented separately as revenues and expenses. The joint venture performs heavy highway and general construction services throughout Northern New Jersey. Note 4 -Contracts in Progress: Contracts in progress are summarized as follows: Total contract prices, including approved extras Estimated gross profit on completion Estimated Total Direct Costs Direct costs incurred to date Gross profit recognized to date Contract revenue earned to date Billings to date Net (Over) Under Billings $ $ $ $ June 30, 2002 2001 235,908,790 $ 217,472,097 50,048,442 44,521,237 185,860,348 $ 172,950,860 122,736,550 $ 135,730,275 35,659,321 33,785,522 158,395,871 169,515,797 160,080,303 175,320,395 (1,684,432) $ (5,804,598) The net billings in excess of contract revenue earned on contracts in progress on the above are included in the balance sheet under the following captions: Costs and estimated earnings in excess of billings on contracts in progress Billings in excess of costs and estimated earnings on contracts in progress Net (Over) Under Billings $ $ June 30, 2002 2001 3,559,670 $ 4,434,949 (5,244,102) (10,239,547) (1,684,432) $ (5,804,598) The Company has entered into certain contracts in which estimated costs have been revised. As a result of these revisions, losses are anticipated to be incurred on these contracts. Provision has been made and management's estimate of these losses is included on the Company's balance sheet under the liability "Accrued losses on contracts in progress". Note 5 -Line of Credit: At June 30, 2002, the Company has a revolving line of credit with First Union National Bank in the amount of $14,000,000. The amount outstanding at June 30, 2002 and for 2001 was $0. Also there were $678,000 of outstanding letters of credit issued against this line at June 30, 2002 and 2001. Interest is payable monthly at the bank's floating prime rate which was 4.75% at June 30, 2002. This agreement is subject to periodic review by the bank and expires on July 31, 2003. The Company is also subject to certain financial covenants and predefined ratios under the agreement, and is precluded from such transactions as mergers, changes in ownership and repurchases of capital stock without the written consent of the lender. Note 6 -Notes and Loans Payable: Notes and loans payable at June 30, 2002 and 2001 consisted of the following: Notes payables: Fifty five and sixty five notes payable for six months ended June 30, 2002 and for 2001 respectively are collateralized by various construction and computer equipment. The notes bear interest at rates that range between 0% and 9.25% per annum. The average on these notes is approximately 6.00%. Loans payables to related parties: Four loans payable for six months ended June 30, 2002 and 2001 to various stockholders of the company. These loans are uncollateralized and bear interest that range between the prime rate of the company's lender, which was 4.75% at June 30, 2002 to 12% per annum. Total Less: Current Portion Notes and Loans Payable, Net of Current Portion Six Months Ending June 30 Note 7 -Leases: 2002 2003 2004 2005 2006 Total -7- Six Months Ended June 30, 2002 June 30, 2001 $ 9,649,952 $ 12,126,983 1,668,000 2,140,000 $ 11,317,952 $ 14,266,983 6,271,277 5,484,114 $ 5,046,675 $ 8,782,869 $ $ 5,484,114 6,271,277 2,408,503 3,383,775 2,054,609 1,420,265 4,319,757 242,635 $ • 11,317,952 $ 14,266,983 The company is obligated under non-cancelable operating leases with certain partnerships whose partners are also stockholders of the Company for office, yard and warehouse space in New Jersey. The leases require minimum annual rent payments of $30,000 and $360,000 and expire on April 30, 2003 and October 31, 2018, respectively. In addition, the leases call for certain expenses such as real estate taxes, common area maintenance, and insurance. The company also leases various garage and yard storage space on a month-to-month basis. Rent expense under all operating leases, exclusive of construction related contractor equipment rental, for the six months ended June 30, 2002 and 2001 , amounted to $481,593 and $439,467 respectively. Note 8 -Profit Sharing Plan: The Company has a qualified profit sharing plan, covering all eligible employees who meet the minimum age and length of service requirements and are not covered by union contracts. No profit-sharing plan contributions were made for the six months ended June 30, 2002. -8- Note 9 -Contingencies: The Company has various claims and other contingent matters, including the usual liabilities of contractors for completion of contracts, and possible liabilities in connection with performance and indemnity bonds. Management is of the opinion that settlements, if any, will not have a material adverse effect on the financial position of the Company. The Company has an employee medical benefit plan to self-insure claims up to $35,000 per year for each individual or family covered; with an aggregate liability limit of approximately $1,228,626; claims above the $35,000 are covered by a stop- loss insurance policy. The Company and those employees covered under family coverage contribute to the fund to pay the claims and stop-loss insurance premiums. At June 30, 2002, management believes that the company has made provisions sufficient to cover estimated claims, including claims incurred but not yet reported. Note 10 -Related Party Transactions: The Company, at times, provides construction services in the form of labor and other related services and purchases materials from various entities that are controlled by the Cpmpany's principal stockholders. Following is a summary at June 30, 2002 and 2001 of balances with affiliates: Six Months Ended June 30, 2002 June 30, 2001 Due from affiliates (included in accounts receivable in the accompanying balance sheet). $ 1,496,630 $ 1,078,877 ======== Due to affiliates (included in accounts payable in the accompanying balance sheet). $ 970,272 ========== $ 691,409 The Company also provides administration services for related parties. Fees for those services reduced general and administrative expenses for the six months ended June 30, 2002 and 2001 by $121,216 and $94,479, respectively. Note 11 -Contract Backlog (Unaudited): Backlog as of June 30, 2002 is approximately $85,000,000, for signed contracts in existence as of that date. Note 12 -Major Customer: For the six months ended June 30, 2002, revenue from one customer totaled $43,165,005. The amount due from this customer included in trade accounts receivable at June 30, 2002 was $2,583,997. For the six months ended June 30, 2001, revenue from one customer totaled $19,537,481. The amount due from this customer included in trade accounts receivable at June 30, 2001 was $6,090,908. -9- J. Fletchet Creamer & Son, Inc. Schedule ! -Requisitions, . ccounts, Retainage, and Other Receivables l June 30, 2002 June 30, 2001 Requisitions, Accounts and Retainages Receivable: Age: 1 to 30 days $ 19,573,653 $ 20,915,305 31 to 60 days 2,651,623 6,416,154 Over60 days 18,022,492 20,699,019 40,247,768 48,030,478 Retainages receivable earned at end of period 6,016,471 10,651,067 Retainages -bonds 124,547 127,670 Unbilled accounts receivable at end of period billed subsequently 398,473 46,388,786 59,207,688 Less: Allowance for doubtful accounts 320,000 334,330 Total Requisitions, Accounts and Retainages Receivable $ 58,873,358 Other Receivables: Bid and security deposits $ 17,434 $ 32,867 Other receivables 1,158,808 1,185,032 Total Other Receivables $ 1,176,242 $ 1,217,899 Requisitions, accounts and retainages receivable, net of allowance for doubtful accounts $320,000 in 2002 and $334,330 in 2001 $ 46,068,786 $ 58,873,358 Other receivables 1,176,242 1,217,899 Total Requisitions, Accounts, Retainages, and Other Receivables $ 47,245,028 $ 60,091,257 The Accompanying Notes are an Integral Part of these Financial Statements. BIDDER1S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) Please see attachments. PALOMAR AIRPORT ROAD AND LA COSTA AVENUE DRAINAGE IMPROVEMENTS CONTRACT NO. 3865 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Name and Phone Amount Contract Name and Address No. of Person Type of of Completed of the Emolover To Contract Work Contract ~ Q 7/29/02 Contract No. 3865 Page 23 of 90 Pages ) J. FLETCHER CRI:.. JER & SON, INC. CLEANING LINING JOBS COMPLETED 1995-2001 COMPLETION CONTRACT DATE OWNER LOCATION REFERENCE AMOUNT TYPE OF WORK 02/95 City of Jersey City Newark & Ken Liu $ 507,000.00 Clean and Line 5445 LF 325 Palisade Avenue Baldwin Ave. 201 547-4415 24" & 36" Pipe Jersey City, N.J. 07307 03/95 USDA Soil Conserv. N. Powder, OR Dan Axness $ 531,596.00 Clean and Line 24,865 LF 3300 Pocohontas Rd. 503 523-4437 14"-36" Pipe Baker City, OR 97814 04/95 Covina Irrigating Co. Covina, CA Matt Kuns $ 29,950.00 Clean and Line 1300 LF 24" 146 E. Collage St. 818 332-1502 Covina, CA 91723 05/95 LA Dept of Water Sycamore Ave. Mike Grahek $ 2,288,818.00 Clean and Line 75,874 LF & Power 213 481-6208 4"-18" Pipe 11 N. Hope Ave. Los Angeles, CA 90012 05/95 PA Gas & Water Co. Scranton & Don Kinney $ 1,066,580.00 Clean and Line 75874 LF 511-517 E. Northampton Wilkes Barre 717 829-8746 4"-14" Pipe Wilkes Barre, PA 18711 05/95 City of Buffalo Various Locations R&D Engineering $ 1,232,830.00 Clean and Line 23100 LF City Hall 716 856-2142 6", 8" and 12" pipe Buffalo, N.Y. 142 05-95 LA Dept. of Water Fernwood Area Mike Grahek $ 1,983,729.00 Clean and Line 64960 LF and Power 213 481-6808 4", 6" and 1 O" Pipe 111 North Hope St. Los Angeles, CA 90012 06/95 Town of Mt. Kisco Various Locations Howard Zane $ 168,485.00 Clean and Line 4300LF 104 Main Street 914 541-0500 4" and 6" pipe Mt. Kisco. N.Y. 10549 .) J. FLETCHER CRE,-..,JR & SON, INC. ) 2 CLEANING LINING JOBS COMPLETED 1995-2001 COMPLETION CONTRACT DATE OWNER LOCATION REFERENCE AMOUNT TYPE OF WORK 08/95 Town of Yorktown Various Locations Barry Leibowitz $ 443,805.00 Clean and Line 11300 LF 1080 Spillway Rd. 914 245-6111 6" and 8" Pipe Shrub Oak, N.Y. 10588 09/95 Westchester Joint Brentwood Victor Carosi $ 248,952.25 Clean and Line 7365 LF Water Works 914 698-3500 6" Pipe 1625 Mamaroneck Ave. Mamaroneck, NY 10543 09/95 Elizabethtown Water Various Dana Wright $ 1,037,516.00 Clean and Line 29,320 LF 1341 North Ave. 908 654-1234 6",8" & 10" Plainfield, NJ 07062 09/95 Manchester Water Various Guy Chabot $ 203,924.00 Clean and Line 12300 LF 281 Lincoln St. 603 624-6494 6" and 8" Main Manchester, N.H. 03103 09/95 United Water Co. Various Ed Vesga $ 228,991.00 Clean and Line 4320 LF 200 Old Hook Rd Norwood/Westwood 201 767-9300 61', 8" and 12" Pipe Harrington Park, N.J. 0764 09/95 City of Altoona In Right of Way Gwin, Dobson & $ 188,455.00 Clean and Line 5600 LF 20 Greenwood Rd. Foreman, Inc. 16" Pipe Altoona, PA 16601 Tim Boland 814 943-5214 10/95 Monroe County Water Various Popo Villarrubia $ 777,450.00 Clean and Line 15540 LF 475 Norris Dr. 716 442-2000 of 6" and 8" Pipe Rochester, N.Y. 14610 10/95 City of Sioux Falls Various Terry Van Dyke $ 638,198.00 Clean and Line 34000 LF 224 West Ninth St. 605 339-7144 4"-12" Pipe Sioux Falls, S.D. 57102 10/95 L.A. Dept. of Water Compton Ave. Mike Grahek $ 1,983,847.00 Clean and Line 58749 LF and Power 213 481-6208 4" -16" Pipe 111 North Hope St. Los Angeles, CA 90012 l ) 3 J. FLETCHER CRE>... .. ,cR & SON, INC. CLEANING LINING JOBS COMPLETED 1995-2001 COMPLETION CONTRACT DATE OWNER LOCATION REFERENCE AMOUNT TYPE OF WORK 10/95 Foley Company Trans-Missouri David Hoover $ 101,250.00 Clean and Line 450 LF 7501 Front Street River Tunnel 816 241-3335 72" Steel Pipe Kansas City, MO 64120 12/95 City of Concord, NH W. Concorc/ Phil Bilodeau $ 483,940.00 Clean and Line 9700 LF 311 North State St. Penacook, NH 603 225-8694 12",14" and 20" Pipe Concord, NH 03301 12/95 Chester Water Authority Chester, PA Russ Williams $ 698,450.00 Clean and Line 9600 LF Fifth & Welsh St. 215 876-8185 6" and 8" Pipe Chester, PA 19016 12/95 Dept. Of Water& Power AnzacArea Mike Grahak $ 1,116,173.00 Clean and Line 30324 LF City of Los Angeles Los Angeles 213 481-6208 6"-12" Pipe 111 N. Hope St. Los Angeles, CA 90012 01/96 Louisville Water Co. Louisville, KY Tim Ball $ 2,749,840.00 Clean and Line 104075 LF 435 S. Third St. 502 569-3600 4"-24" Pipe Louisville, KY 40202 01/96 Metropolitan Water Nashville, TN Vic Robol $ 698,450.00 Clean and Line 8100 LF 1600 Second Ave. North 615 862-4498 24" Pipe Nashville, TENN 37208 04/96 City of Orangeburg Various Streets David Zorn $ 232,605.00 Clean and Line 10256 LF 195 Russell S.W. 803 534-2821 6" Cast Iron Pipe Orangeburg, SC 29116 05/96 Macon-Bibb County Macon, GA Randy Worden $ 416,991.00 Clean and Line 26520 LF Water & Sewer Auth. 912 741-9166 4"-12" Cast Iron Pipe 780 Third St. Macon, GA 31298 05/96 United Water Co. Fairview & Ed Vesga $ 159,600.00 Clean and Line 5300 LF 200 Old Hook Road . North Bergen 201-767-9300 6" Cast Iron Pipe Harrington Park, NJ 07640 ) --") 4 J. FLETCHER CREA. ... cR & SON, INC. CLEANING LINING JOBS COMPLETED 1995-2001 COMPLETION CONTRACT DATE OWNER LOCATION REFERENCE AMOUNT TYPE OF WORK 07/96 City of Baltimore Various Streets Stuart Vosberg $ 2,164,000.00 Clean and Line 90514 LF Abel Wolman Blvd. 410 396-1470 4" to 20" Cast Iron Pipe Balitomre, MD 21202 07/96 wssc Forest Glen, MD Debbie Wheeler $ 356,882.00 Clean and Line 9235 LF 14501 Sweitzer Lane 301 206-8550 6"-12" Cast Iron Pipe Laurel, MD $ 405,499.00 Clean and Line 11713 LF 07/96 wssc Glen Echo, MD Debbie Wheeler 6"& 8" Cast Iron Pipe 14501 Sweitzer Lane 301 206-8550 Laurel, MD 20207 09/96 Metro Utility Omaha, NE Cory O'Brien $ 410,472.00 Clean and Line 13126 LF 1723 Harney St 402 554-7701 4&6" Omaha, NE 68102 10/96 City of Orangeburg Various Streets David Zorn $ 232,605.00 Clean and Line 10256 LF 195 Russell SW 803 534-2821 6" Cast Iron Pipe Orangeburg, SC 29116 10/96 Tri-State Generation Nucula Generating David Hernbloom $ 138,500.00 Clean and Line 1700LF & Transmission Station 303 452-6111 48" steel pipe 12076 Grant St. Nucula, CA Thorton, CO 80241 10/96 Village of Briar Cliff Various Streets George Lackowitz $ 938,050.00 Clean and Line 32150 LF 1111 Pleasantville Rd. 914 962-1500 6" & 8" Cast Iron Pipe Briar Cliff Manor, NY 11/96 Westchester Joint Water Harrison, NY Victor Carosi $ 407,993.00 Clean and Line 11825 LF 1625 Mamaroneck Ave. 914 698-3500 6" & 8" Cast Iron Pipe Mamaroneck, NY 10543 11/96 Onondaga County Water Syracuse, NY Pam Callahan $ 706,500.00 Clean and Line 1400 LF Northern Concourse 315 455-7061 16"& 24" Cast Iron Pipe Syracuse, NY 13211 ) 5 COMPLETION DATE 12/96 12/96 02/97 03/97 04/97 05/97 OWNER LOCATION City of New Brunswick New Brunswick, NJ 78 Bayard Street New Brunswick, N.J.08903 LA Dept. Water & Power 111 N. Hope St Los Angeles, CA 90012 Macon Water 7B0 Third St. Macon, GA 31298 Central ILL Public Service Co. 607 E. Adams St Springfield, ILL 62739 Twp.of Bloomfield One Municipal Plaza Bloomfield, NJ 07003 wssc 14501 Sweitzer Lane Laurel, MD 20707 51st Street Area Various Newton Power Station Various Somerset, MD ) J. FLETCHER CREA ... .::R & SON, INC. -,) CLEANING LINING JOBS COMPLETED 1995-2001 CONTRACT REFERENCE AMOUNT TYPE OF WORK Paul Mourt $ 249,325.00 Clean and Line 5,000 LF 201 379-3400 6" & 8" Mike Grahek $ 2,776,425.00 Clean and Line 74,125 LF 213 481-5208 4"-16" Randy Worden $ 426,186.00 Clean and Line 25,743 LF 912 741-9152 6"-20" Kelly Parkin $ 114,000.00 Clean and Line 690 LF 217 523-3600 of 24"-96" Cos Matarazzo $ 1,148,959.00 Clean and Line 20,000 LF of 6" 201 680-4011 Debbie Wheeler $ 1,266,127.00 Clean and Line 53,500 LF 6"-12" 301-206-8550 ) ) ) 6 J. FLETCHER CREk . .::R & SON, INC. CLEANING LINING JOBS COMPLETED 1995-2001 COMPLETION CONTRACT DATE OWNER LOCATION REFERENCE AMOUNT TYPE OF WORK 05/97 Dept. Of The Army Fort Dix, NJ Rosa Ortiz $ 769,550.00 Clean and Line 20,000 LF 16" Pipe Fort Dix, NJ 08640 609 562-5271 06/97 Village of Ossining Various T. Circosta $ 746,850.00 Clean and Line 15,000 LF 6" & 8" 31 Water St 914 941-4660 Ossining, NY 10562 06/97 De Kalb County,GA Decatur, GA Steele & Assocs. $ 174,650.00 Clean and Line 7,000 LF 8" 1580 Roadhaven Dr. A. Fox Stone, MT, GA 30083 770 475-8199 07/97 United Water Fairview, I\IJ R. Seligmuller $ 337,945.00 Clean and line, 6800' LF of 6" 200 Old Hook Rd. 201-767-9300 Harrington Prk, NJ 07640 07/97 City of Waltham Waltham, MA Ed Bussiere $ 957,331.00 Clean & Line 10,500 LF of 6" & 8" 119 School Street 781 893-4040 Waltham, MA 02154 ) l 7 J. FLETCHER CREJ-.. .. ,c:R & SON, INC. CLEANING LINING JOBS COMPLETED 1995-2001 COMPLETION CONTRACT DATE OWNER LOCATION REFERENCE AMOUNT TYPE OF WORK 08/97 Elizabethtown Water linden, NJ Tom Santacroce $ 1,668,983.00 Clean & line 52,000 LF 6" & 8" 1341 North Ave. 908 654-1234 Plainfield, NJ 07062 08/97 Township of Franklin Franklin, NJ Gus Sudah $ 1,292,974.00 Clean & Line 12,000 LF 6", 8" & 475 Demott Lane 908 873-2500 12" Somerset, NJ 08875 10/97 City of Yonkers Yonkers, NY John Speight $ 917,235.00 Clean and line 25000 LF 6" & 8" 127 North Broadway 914 377-6031 Yonkers, NY 10701 11/97 Wannacomet Water Nantucket, MA Robert Gardner $ 157,900.00 Clean & Line 3900 LF of 6" 1 Milestone Rd. 508 228-0022 Nantucket, MA 02554 11/97 So. Central CT Water West Haven, CT Ted Norris $ 2,220,990.00 Clean and line 41186 LF 6", 8" 90 Sargent Dr. 203 624-6671 and 12" New Haven, CT 06511 03/98 San Francisco Dept of Water Various Streets D. Smith $ 806,866.00 C&L 5,000 LF of 54" Marinship Construction 415 282-5169 San Francisco, CA 94124 ) J. FLETCHER CREJ.. .. .kR & SON, INC. ) 8 CLEANING LINING JOBS COMPLETED 1995-2001 COMPLETION CONTRACT DATE OWNER LOCATION REFERENCE AMOUNT TYPE OF WORK 03/98 LADWP Oakhurst Ave. Area Mike Grahek $ 2,197,634.00 C&L 66,806 LF of 6",8" 111 N. Hope St. 213 481-5208 Los Angeles, CA 90012 . 04/98 LADWP Glendale Ave. Mike Grahek $ 848,362.00 C&L 7,893 LF of 4"-20" 111 N. Hope St. 213 481-5208 Los Angeles, CA 90012 04/98 United Water-NJ New Milford, NJ Ed Vesga $ 144,640.00 Install 72" Butterfly Valve 15 Emerald St. 201 457-7999 Hackensack, NJ 07601 05/98 United Water -NJ Upper Saddle River Ed Vesga $ 187,000.00 Install 2000· -20" Main 15 Emerald St. 201 457-7999 and Chamber Hackensack.NJ 07601 05/98 Nevada Irrigation Grass Valley,CA R. Lantz $ 143,130.00 C&L 4795 LF of 32'-36" P.O. Box 1019 916 273-6185 Grass Valley, CA 95945 06/98 Leola Sewer Auth. Lancaster,Pa B. Kaufman $ 108,770.00 C&L 2,600 LF of 6" 115 Newport Rd. 717 569-7021 Leola, PA 17540 ) J. FLETCHER CR~ . .JR & SON, INC. 9 CLEANING LINING JOBS COMPLETED 1995-2001 COMPLETION CONTRACT DATE OWNER LOCATION REFERENCE AMOUNT TYPE OF WORK 07/98 Town of Yorktown Yorktown, NY B. Leibowitz $ 313,156.00 C& l 6,000 LF of 6"-8" 1080 Spillway Rd. 914245-6111 Shub Oak, NY 10588 07/98 City of Minneapolis 3rd Ave. J. Hofstede $ 128,590.00 C&L 3,983'of 24" 250 South 4th St. Minneapolis, MN 612 673-2727 Minneapolis, MN 55415 10/98 Johnson County Johnson City B. Hall $ 394,500.00 C&L 12,000 LF of 6"-14" Water Dist. #1 Kansas 913 895-5800 7601 Holliday Dr. Kansas City, Kansas 66106 10/98 City of Rochester Various Streets Mike Bushart $ 898,905.00 C&L 20,000 LF of 6"-16" 10 Felix Street 716 428-7567 Rochester, NY 14625 11/98 Monte Vista Water Montclair.CA Randy Hill $ 1,397.478.00 C&L 29,638 LF of 4" & 6" 10575 Central Ave. 909 624-0035 Montclair, CA 91763 12/98 Valverde Construct. Anaheim, CA Joe Valverde $ 157,988.00 C&L 4,050 LF of 10" & 12" 10936 Shoemaker Ave. 562 906-1826 Santa Fe Springs, CA 90670 12/98 Atlanta Boring & Atlanta, GA Phil Graham $ 360,000.00 C&L 15,000 LF of 6"-12" Tunneling 940 363-8744 3395 Jonesboro Rd. Atlanta, GA 30354 12/98 United Water -NJ Various Streets Ron Seligmuller $ 539,040.00 C&L 11,050 LF of 6" &12" 200 Old Hook Rd. Hudson Cty, NJ 201 767-9300 Harrington Prk, NJ 07640 ) ) 10 J. FLETCHER CREA, .. i=R & SON, INC. CLEANING LINING JOBS COMPLETED 1995-2001 COMPLETION CONTRACT DATE OWNER LOCATION REFERENCE AMOUNT TYPE OF WORK 12/98 United Water-NJ Bergen Cty Ron Seligmuller $ 488,495.00 C&L 13,640 LF of 6", 8" & 200 Old Hook Rd. Various Locations 201 767-9300 12" Harrington, Prk, NJ 07640 01/99 Phila. Suburban Water Norwood Soro, PA Tom Roberts $ 228,000.00 C&L 10,600 LF of 6" 762 W. Lancaster 610 645-1122 Bryn Mawr, PA 19010 02/99 Village of Ossining Various Locations Rocco Circosta $ 1,176,427.00 C&L 15,000 LF of 4"-8" 1101 Rte 9A 914 941-6111 Ossining, NY 10562 02/99 City of Meriden, CT Various Locations Wilma Petro $ 686,485.00 C&L 3,400 LF of 30"-36" 142 E. Main St. 203 630-4115 Meriden, CT 06450 04/99 United Water-NJ Oradell, NJ T. Deleslinkis $ 642,400.00 Construct 48" Water Main 15 Emerald St. 201 457-7999 Interconnection Hackensack, NJ 07601 04/99 United Water-NJ Lake Tappan, NJ R. Seligmuller $ 23,860.00 Installation of Two Access 200 Old Hook Rd. 201 767-9300 Ladder Assemblies Harrington Prk. NJ 07640 04/99 LA Water &Power Menlo Adams M. Grahek $ 4,328,667.00 C&L 160,000 LF of4"-12" 111 N. Hope St. Area 213 367-1039 Los Angeles, CA 90012 11 COMPLETION DATE 04/99 05/99 05/99 OWNER LOCATION Macon Water Auth. Various Locations 790 Second St. Macon, GA 31202 State of N.Y. Sing-Sing General Services Prison 525 N. Bway White Plains, NY10603 Bero of Highland Prk Various Locations 221 So. 5th Avenue Highland Park, NJ 08904 \ J. FLETCHER CREA .. ,cR & SON, INC. CLEANING LINING JOBS COMPLETED 1995-2001 CONTRACT REFERENCE AMOUNT F. Sanders $ 433,786.00 910 750-4444 Dino Antonelli $ 961,000.00 914 948-0343 Bruce Koch $ 1,569,525.00 732 727-8000 TYPE OF WORK C&L 26,000 LF of 6"-16" C&L 14,200 LF of 6"-8" C&L 25,000Lf of 6"-16" ) 12 COMPLETION DATE 05/99 06/99 06/99 07/99 07/99 08/99 OWNER wssc 14501 Sweitzer Lane Laurel, MD 20707 LA Water &Power 111 N. Hope St. Los Angeles, CA 90012 WSSC 14501 Sweitzer Lane Laurel, MD 20707 City of East Orange 99 S. Grove St. East Orange, NJ 07018 Village of Mt. Kisco 104 Main St. Mt. Kisco, NY 10549 City of Greeley 1300 A Street Greeley, CO 80631 LOCATION Forest Heights Area Various Locations Annual Contract Viers Mill Village Area Various Locations Various Location Various Locations J. FLETCHER CRE1-. . .JR & SON, INC. CLEANING LINING JOBS COMPLETED REFERENCE Debbie Wheeler 301 206-8550 M. Grahek 213 367-1039 Debbie Wheeler 301 206-8550 W. Gilmore 973 266-8869 F. Mc Glynn 973 989-7797 Adela R. Gain 970 350-9812 1995-2001 CONTRACT AMOUNT $ 612,577.00 $ 3,013,894.00 $ 1,508,987.00 $ 2,578,250.00 $ 808,450.00 $ 572,212.00 \ TYPE OF WORK C&L 4,050 LF of 10"&12" C&L 76,500 LF of 4"-20" C&L 50,000 LF of 6"-12" C&L 60,000 LF of 6"-12" C&L 14,700 LF of 6" C&L 22,750 LF of 6"-12" j 'l } 13 J. FLETCHER CREA, .. f:R & SON, INC. CLEANING LINING JOBS COMPLETED 1995-2001 COMPLETION CONTRACT DATE OWNER LOCATION REFERENCE AMOUNT TYPE OF WORK 11/99 Elizabethtown Water Co. Princeton Tom Slaza $ 366,776.00 C&L 14,620 If of 6" 1341 North Avenue 908 482-5214 Plainfield, NJ 07062 12/99 Elizabethtown Water Co. Various Locations Tom Slaza $ 1,207,243.00 C&L 42,490 LF -6"-12" 1341 North Avenue 908 482-5214 Plainfield, NJ 07062 01/00 Pavex Construction Div. Bautista, CA Warren Hold $ 48,500.00 Clean & Cement Mortar Line Graniterock 831 768-2707 215 LF of 24" PO Box 699 Aromas, CA 95004 01/00 wssc Greenwood Knolls Debbie Wheeler $ 658,230.00 C&L 26,540 LF OF 3"-8" 14501 Sweitzer Lane 301 206-8550 Laurel, MD 20707 J. FLETCHER CRE,-. . ..kR & SON, INC. ) 14 CLEANING LINING JOBS COMPLETED 1995-2001 COMPLETION CONTRACT DATE OWNER LOCATION REFERENCE AMOUNT TYPE OF WORK 02/00 wssc Harmony Hills Debbie Wheeler $ 316,760.00 C&L 10,350 LF OF 6"-8" 14501 Sweitzer Lane 301 206-8550 Laurel, MD 20707 03/00 Potlatch Corporation Boardman., OR Luke Maynard $ 612,961.00 C&L 35,534 LF of 54" PO Box 38 503 481-2620 Steel Pipe Boardman, OR 97818 04/00 Macon Water Authority Various Streets F. Sanders $ 450,000.00 C&L 26,500 LF of4"-12" 790 2nd Avenue 912 7 50-4444 Macon, GA 31202 04/00 W.L. Hailey & Co., Inc. Nashville Andy Swank $ 580,320.00 C&L 21,000 LF of 16" -18" 2971 Kraft Drive 615 255-3161 Nashville, TN 37204 04/00 Farm Development Corp. Glenn's Ferry Mark Noble $ 124,040.00 Sailor Creek Water Co. PO Box 849 208 366-7926 C&L 8,825'24"-36" WS PIPE Glenn's Ferry, ID 82623 04/00 Farm Development Corp Glenn's Ferry Mark Noble $ 99,792.00 Grindstone Canal Co-. PO Box 849 208 366-7926 C&L 9,240' Glenn's Ferry, ID 8262 ) J. FLETCHER CREr-.. ,~R & SON, INC. 15 CLEANING LINING JOBS COMPLETED 1995-2001 COMPLETION CONTRACT DATE OWNER LOCATION REFERENCE AMOUNT TYPE OF WORK 05/00 United Water NJ Various Locations Mike Barbes $ 1,872,880.00 Install 5,400' of New 48" 15 Emerald Street 201 457-7999 Water Main Hackensack, NJ 07601 06/00 Township of Bloomfield Various Locations Cos Maturazzo $ 754,320.00 C&L 6,400 LF 6" & 8" One Municipal Place 973 680-4011 Bloomfield, NJ 07003 07/00 Virginia American Water Hopewell, VA Gilbert Cole $ 49,350.00 C&L 2,200 LF of 16" Cl 900 Industrial Street 804 458-8128 Water Main Hopewell, VA 23860 07/00 wssc Woodridge Area Debbie Wheeler $ 688,806.00 C&L 31,000 LF OF 2"-12" 14501 Sweitzer Lane (301) 206-8550 Laurel, MD 20707 08/00 City of Tulsa Tulsa, OK Jim Undenstock $ 744,000.00 Clean and Rehabilitate 30" 2317 South Jackson 918/596-9785 Rivet Water Line Tulsa, OK 74107 ) ) ) 16 J. FLETCHER CREA1111eR & SON, INC. CLEANING LINING JOBS COMPLETED 1995-2001 COMPLETION CONTRACT DATE OWNER LOCATION REFERENCE AMOUNT TYPE OF WORK 08/00 United Water of NJ Various Locations Ron SeUigmuller $ 137,226.00 C&L 2,568 LF of 6" & 8" 200 Old Hook Road 201 767-9300 Harrington Park, NJ 07640 08/00 Baltimore County DPW Various Streets Mike Mazurek $ 1,674,378.00 C&L 53,000 If of 2" -8" 400 Washington Ave. 410 887-3783 Baltimore, MD 21204 09/00 Baltimore County Pulaski-Kelso Essex Tim Kepp $ 707,776.00 Installing seals and cleaning 111 W. Chesapeake Ave District 410 887-4145 & lining approx. 15, 1 O0LF Room 3008 of 36" CIP Towson, MD 21204 09/00 City of Minneapolis Minneapolis Connie Beck $ 297,415.00 C&L 48" of CIP 350 South 5th Street 612 673-2727 Minneapolis, MN 55415 09/00 City of Newark Newark John T omasuck $ 1,082,000.00 C&L 42" Water Main 920 Broad Street 973/256-1188 Pequannock Aqueduct #2 Newark, NJ 07101 09/00 Township of Bloomfield Bloomfield, NJ Steve Cappola $ 665,725.00 C&L 17,000 LF of 6" -8" Municipal Plaza 973/680-4009 Bloomfield, NJ 07003 17 COMPLETION DATE 09/00 10/00 10/00 11/00 OWNER Middlesex Water Co. 1500 Ronson Road lselin, NJ 08830 wssc 14501 Sweitzer Lane Laurel, MD 20707 City of New Brunswick 78 Bayard Street New Brunswick, NJ 08903 Elizabethtown Water Co. 1341 North Avenue Plainfield, NJ 07062 J. FLETCHER CREA.. _k & SON, INC. CLEANING LINING JOBS COMPLETED 1995-2001 CONTRACT LOCATION REFERENCE AMOUNT Various Locations Joe Daily $ 353,125.00 732 634-1500 Woodlawn Terrace Debbie Wheeler $ 391,637.00 301 206-8550 Various Locations Daniel A. Torris $ 825,885.00 732 745-5040 Roselle Scott Connor $ 1,992,584.00 908 301-3495 TYPE OF WORK C&L 1,650' of 6" & 12" Main & install 3,100' of 8" & 12" of new water main C&L 11,370 LF of 6" -8" C&L 7,615 of 6", 8" C&L 55,622 LF of 4" & 6" Pipe ) 18 ) J. FLETCHER CRE, } _R & SON, INC. ) CLEANING LINING JOBS COMPLETED 1995-2001 COMPLETION CONTRACT DATE OWNER LOCATION REFERENCE AMOUNT TYPE OF WORK 11/00 Robin Lantz Robin Lantz $ 176,900.00 Clean & Slipline Existing 1036 W. Main Street 530 271-6801 30" Dia w/26" O.D. Grass Valley, CA 95945 H.D.P.E. Pipe 11/00 DC Water Authority Various Locations Thomas Ha $ 1,817,643.00 C&L 22,617 If OF 16" -36" 5000 Overlook Ave. -SW 202 787-2382 Washington, D.C. 20032 02/01 County of Los Angeles Alta Dena, CA Kevin Byrnes $ 15,150.94 Clean & Line 50' of 30" CMP PO Box 7508 323 267-2292 Alhambra, CA 91802 02/01 LA Water & Power Los Angeles, CA Wilfredo Paz $ 19,900.00 Install 10 each 66" in-weg 111 Hope St. 213 367-4488 seals Los Angeles, CA 90012 03/01 LA Water & Power Los Angeles, CA Mike Grahak $ 2,917,750.00 Annual contract-cleaning 111 Hope St. 213 367-2199 and lining Los Angeles, CA 90012 ) 19 COMPLETION DATE 03/01 04/01 05/01 05/01 05/01 OWNER City of Rockville 111 Maryland Ave. Rockville, MD 20850 LA Water & Power 111 Hope St. Los Angeles, CA 90012 wssc 14501 Sweitzer Lane Laurel, MD 20707 City of Tuscon 255 W. Alameda, 6th Fl Tucson, AZ. 85726 City of Brigantine 1417 Brigantine Ave Brigantine, NJ LOCATION Rockville, MD Anderson St. Area Los Angeles, CA Brooke Heights Tuscon, AZ. Brigantine, NJ ) J. FLETCHER CREA ... ER & SON, INC. CLEANING LINING JOBS COMPLETED 1995-2001 REFERENCE Eileen Morris 301 309-3290 Mike Grahek 213 367-1039 Debbie Wheeler 301 206-8550 Mah Hausman 520 791-4704 Ed Stinson 609 646-3111 CONTRACT AMOUNT $ 122,600.00 $ 2,028,163.00 $ 626,656.75 $ 1,381,988.50 $ 494,202.75 TYPE OF WORK Cleaning and Lining Great Falls Road Cleaning and Lining Cleaning & Lining approx. 18,205LF 3"-8" CIP Clean & line 28,330' 4"-16" CIP Clean & reline water main ) 20 J. FLETCHER CREAMER & SON, INC. CLEANING LINING JOBS COMPLETED 1995-2001 COMPLETION CONTRACT DATE OWNER LOCATION REFERENCE AMOUNT TYPE OF WORK 08/01 LA Dept. Water & Power Bellevue Ave. Area Wilfredo Paz $ 37,900.00 Install approx. 700LF of 111 N. Hope St., Rm 1350 213 367-1039 2" & 4" bypass Los Angeles, CA 90012 08/01 Baro of Hightstown Hightstown, NJ Larry Blake $ 468,290.00 Clean & Line 3,275' 8" C\P 148 North Main St. 609 259-3263 & 17 service replacements Hightstown, NJ 08520 09/01 Westchester Joint Town of Harrison & Diana Arthur $ 425,984.00 Cleaning & Lining water mains Water Works Town of Mamaroneck 914 698-3500 1625 Mamaroneck Ave. Mamaroneck, NY 10543 09/01 City of Rockville Rockville, MD Eileen Morris $ 266,900.00 Water main cleaning & 111 Maryland Ave. 301 309-3290 lining Rockville, MD 20850 09/01 wssc Riverdale Park Debbie Wheeler $ 148,357.50 Water Main Replacement-14501 Sweitzer Lane 301 206-8550 1,095Lf 6" DIP w/Services Laurel, MD 20707 09/01 Village of Elmsford Village of Elmsford Village Clerk $ 90,741.00 Rt. 119 Rehabilitation 15 S. Stone Ave. 914 592-6555 Cleaning & Lining Elmsford, NY 10523 09/01 Davidson Pipe Supply Ridgefield, NJ Bill Krueger $ 24,120.00 Welding & "dog ears" & CML 5002 2nd Ave 718 439-6300 w/ 3/8" lining thickness Brooklyn, NY 11232 ) ) 21 J. FLETCHER CRE1--,. ... c.R & SON, INC. CLEANING LINING JOBS COMPLETED 1995-2001 COMPLETION CONTRACT DATE OWNER LOCATION REFERENCE AMOUNT TYPE OF WORK 10/01 wssc Sea Brook Area Debbie Wheeler $ 591,993.00 Clean & Line approx. 20,900LF 14501 Sweitzer Lane 301 206-8550 of 6" & 8" DIP Laurel, MD 20707 11/01 LA Water & Power Los Angeles, CA Mike Grahek $ 2,028,163.00 Clean & Line Water Mains 111 Hope St. 213 367-1039 Los Angeles, CA 90012 11/01 Baro of Glen Ridge Glen Ridge, NJ Michael Rohal $ 1,292,016.00 Cleaning & CML CIP and 825 Bloomfield Ave. 973 748-8400 Replacement Glen Ridge, NJ 07028 11 /01 City of Greeley Greeley, CO Dan Moore $ 431,475.00 Cleaning & Lining 1000 10th Street 970 350-9814 Greeley, CO 80631 11/01 wssc Takoma Park, MD Richard Shagogue $ 364,380.00 Replace water mains 14501 Sweitzer Lane 301 206-4000 Laurel, MD 20707 11/01 wssc Takoma Park, MD Richard Shagogue $ 448,150.00 Replace water mains 14501 Sweitzer Lane 301 206-4000 Laurel, MD 20707 12/01 PA Suburban Water Co. Various Locations Tom Roberts $ 873,250.00 Cleaning & Lining water mains 762 Lancaster Ave. 610 645-1165 Bryn Mawr, PA 19010 12/01 LA Dept. of Water & Power Sepulugda Basin Charles Reuben $ 9,750.00 Install 500LF 4" bypass 111 N. Hope St., Rm 1408 Los Angeles, CA 213 367-0989 Los Angeles, CA 90012 , l RECENTLY COMPLETED PROJECTS Completion Date Owner Location Type of Work Reference Contract Amount Feb -99 Los Angeles DWP -JFC Job#98-4944 111 North Hope Street Cleaning and Sliplining 20"-36" Mike Grahek $ 965,800.00 Vanowen/Coldwater Slipllne Los Angeles, CA 90012 HOPE 213-481-6208 Sep -99 United Water 150 Warren Street Slipline 72" steel water main Robert Thiele Jersey City. NJ 07653 201-200-2785 Nov-00 Nevada Irrigation District 1036 W. Main Street JFC Job# 00-6611 Grass Valley, CA 95945 Clean and Slipline 30" O.D. HOPE Robin Lantz $ 176,900.00 530-271-6801 Oct -01 Ojai Valley Sanitary District Various Streets 5,406 Pipe Bursting John Correa 1072 Tico Road Ojai (805) 646-5548 Ojai, CA 93023 Aug -01 City of Santa Rosa Bethards Drive Install 16" Water Main Glen Wright 69 Stoney Circle Santa Rosa, CA (707) 543-3878 Santa Rosa, Ca 95401 Dec -01 Southern California Water Co. 189 & 201 Gardena Blvd. Install 6" Fire Service & Uday Shah 17140 So. Avalon Blvd. Carson, CA New Service (310) 767-8200 Carson, CA 90746 Dec -01 Southern California Water Co. 5150 Rosecrans Ave. Install 576 LF of 12" DIP Danielle Davidson 17140 So. Avalon Blvd. Lawndale, CA (310) 757-8200 Carson, CA 90746 May-02 Los Angeles Dept Water & Power 111 North Hope Street Install 4,550 LF of 30" HOPE Wilfredo Paz $ 1,085,865.00 Westwood JFC Job# 01-3896 Los Angeles, CA 90012 Liner inside a 36" steel watermain (213) 367-2250 May-02 Las Virgenes Municipal Water Dist. 4232 Las Virgenes Road Pipe Burst 685 LF 8" CIP & David Lipman,PE Calabasas, CA 91302 Install 8" SDR-7 (818) 251-2163 Jun -02 Padre Municipal Water District 10887 Woodside Avenue HOPE Slipline 2,008 LF 24" ACP Al Lau $ 1,347,745.00 JFC Job #02-8152 Santee, CA 92072 1-MH & Misc. (619) 448-3111 Feb -02 C-Pac Engineering Camp Pendleton Pipe Burst 235 LF of 8" VCP 7304 Canby Avenue San Diego Install 8" SDR-17 Reseda, CA 91335 _k & SON, INC. \ J. FLETCHER CRE, ) COMPLETED PIPE & VALVE PROJECTS CONTRACT Management OWNER LOCATION REFERENCE AMOUNT TYPE OF WORK Joseph T. Walsh New Jersey American Water Co. Deptford, NJ Carmen Tierno $1,569,575.00 Construction of 15,000' of 24" DIP Joe Looby 500 Grove Street 856 672-2804 Transmission Main & Appurtenances Haddon Heights, NJ 08035 Completed 1999 John Dugan & Elizabethtown Water Co. Princeton/ Dana Wright $1,336,646.00 Install 5,650' of 48" Prestressed Joe Campos 1341 North Avenue Montgomery, NJ 908 654-1234 Concrete Water Main, Including 66" Plainfield, NJ 07062 Road Bore Completed 1999 William Griggs & LA Department of Water & Power Westwood Blvd. Wilfredo Paz $1,085,865.00 Install 4,550' of 30" HOPE Liner Brandon Pensick 111 North Hope Street Los Angels, CA 213 367-2250 Inside a 36-lnch Steel Water Main Los Angeles, CA 90012 Completed 2001 Frank Passaro & Elizabethtown Water Company Union, NJ Scott Connor $74,300.00 Replace 20" Valve Kevin McGovern 1341 North Avenue 908 301-3495 Plainfield, NJ 07062 Completed 2001 Frank Passaro & Elizabethtown Water Company Scotch Plains, NJ Scott Connor $53,900.00 Repair 30" & 24" Valves Kevin McGovern 1341 North Avenue 908 301-3495 Plainfield, NJ 07062 Completed 2001 John Dugan & United Water-NJ New Milford, NJ Ed Vesga $144,640.00 Install 72" Butterfly Valve Rick DeNicola 15 Emerald St. 201 457-7999 Hackensack, NJ 07601 Completed 1998 John Dugan & United Water -NJ Upper Saddle River Ed Vesga $187,000.00 Install 2000' -20" Main Rick DeNicola 15 Emerald St. 201 457-7999 and Chamber Hackensack, NJ 07601 Completed 1998 John Dugan & United Water-NJ Oradell, NJ T. Deleslinkis $642,400.00 Construct 48" Water Main Rick DeNicola 15 Emerald St. 201 457-7999 Interconnection Hackensack, NJ 07601 Completed 1999 John Dugan & United Water NJ Various Locations Mike Barbes $1,872,880.00 Install 5,400' of New 48" Rick DeNicola 15 Emerald Street 201 457-7999 Water Main Hackensack, NJ 07601 Completed 2000 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) PALOMAR AIRPORT ROAD AND LA COSTA AVENUE DRAINAGE IMPROVEMENTS CONTRACT NO. 3865 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2} Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. ~ t.J 7/29/02 Contract No. 3865 Page 24 of 90 Pages ACORDr. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY) 03/31/2003 02/21/2003 PRODUCER LOCKTON COMPANIES 8755 W. HIGGINS ROAD CHICAGO IL 60631 (773) 444-6000 INSURED 1040531 J. Fletcher Creamer & Son, Inc. 101 East Broadway Hackensack NJ 07601 COVERAGES XA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR INSURERS AFFORDING COVERAGE INSURER c: Continental Casual INSURER D : Great American Insurance Com an INSURERE: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION ITI> TYPE OF INSURANCE POLICY NUMBER n4TF "-"TF LIMITS ~ERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY KK.02900292 01/14/2003 03/31/2003 FIRE DAMAGE /Anv one fire\ $ 500 000 ~ ~ CLAIMS MADE W OCCUR MED EXP /Anv one oerson\ $ 5 000 ~ PERSONAL & ADV INJURY $ 1 000 000 ~ GENERAL AGGREGATE $ 2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMP/OP AGG $ 1000000 7 nPRO-nLOC POLICY JECT ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A ~ ANY AUTO KK.02900292 01/14/2003 03/31/2003 (Ea accident) ALL OWNED AUTOS -BODILY INJURY $ xxxxxxx SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODILY INJURY $ xxxxxxx ~ NON-OWNED AUTOS (Per accident) - -PROPERTY DAMAGE xxxxxxx (Per accident) $ RRAGE LIABILITY AUTO ONLY • EA ACCIDENT $ xxxxxxx ANY AUTO NOT APPLICABLE OTHER THAN EAACC $ xxxxxxx AUTO ONLY: AGG $ xxxxxxx EXCESS LIABILITY EACH OCCURRENCE $ 10,000,000 B @occuR D CLAIMS MADE 46029147 03/31/2002 03/31/2003 AGGREGATE $ 10 000 000 C RDX249181558 03/31/2002 03/31/2003 $ xxxxxxx ~ D UMBRELLA DEDUCTIBLE FORM s xxxxxxx RETENTION $ 10,000 $ xxxxxxx A WORKERS COMPENSATION AND WVK2900855 01/14/2003 03/31/2003 x 1¥"rf.,~1;1L~,:,, I 1gJH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1 000.000 E.L. DISEASE • EA EMPLOYEE $ 1 000 000 E.L. DISEASE • POLICY LIMIT $ 1 000.000 D OTHER TUE356765601 03/31/2002 03/31/2003 EACH OCCURRENCE $ I 0,000,000 EXCESS LIABILITY AGGREGATE $10,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS JFC Job #02-1601 -Palomar Airport Road & La Costa Aenue Drainage hnprovements Project No. 3865. (See Attachment) *revised 02/24/03* CERTIFICATE HOLDER I I ADDITIONAL INSURED· INSURER LETTER: CANCELLATION IM21916l ,_ 1675279 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Carlsbad DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .lQ_ DAYS WRITTEN 1635 Faraday Avenue Carlsbad CA 92008-7314 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. I AUTHORIZED REPRESENTATIVE C..--·-· --{'/ {..--/ .,J /.,/ J -") . ACORD 25-S (7/97) -@ ACORD CORPORATION 1988 Insurance coverage is primary as respects the City, its officials, employees and volunteers. Policies of insurance contain waivers of subrogation. It is hereby understood and agreed that the policy to which this certificate refers may not be cancelled, materially changed, nor the amount of coverage thereof reduced until thirty (30) days after receipt of written notice of cancellation or reduction of coverage by the City Clerk of the City of Carlsbad. Coverage under this policy shall be primary and non-contributing with any other insurance available to the City of Carlsbad. Certificate ID: 1675279 Misc Attachment: M21916 02/21/2003 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Company Profile Page 1 of 2 Company Profile ST. PAUL FIRE AND MARINE INSURANCE COMPANY 385 WASHINGTON ST ST PAUL, MN 55102 800-328-2189 Former Names for Company Old Name: MERCURY INS CO Effective Date: 07-19-1956 Agent for Service of Process LORI CASTANEDA, 2730 GATEWAY OAKS DR SUITE 100 SACRAMENTO, CA 95833 Unable to Loca1& the Agent for Service oi_ Process? Reference Information NAIC#: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 24767 0164 0825-0 September 18, 1925 UNLIMITED-NORMAL Property & Casualty MINNESOTA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACIDNERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb _co_prof_utl.get_co _prof?p_EID=30... 2/27/2003 Company Profile FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised -January 08, 2003 06:21 PM Copyright © California Department of Insurance Disclaimer Page 2 of 2 http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof_utl.get_co_prof?p_EID=30 ... 2/27/2003 A.M. Best's Rating for St Paul Fire and Marine Insurance Co 02452 -St Paul Fire and Marine Insurance Co Member ot St Paul Companies A.M. Best#: 02452 NAIC #: 24767 View a list of group members or the group's rating • Ratings as of 02127/2003 10:00:54 AM E.S. T. Best's Rating A (Excellent)* Financial Size Category XV ($2 billion or more) or purchase the complete Best's Company Report for in-depth analysis. Page 1 of 1 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© 2002 by A.M. Best Company, Inc. ALL RIGHTS RESERVED No part of this infonnation may be distributed in any electronic fonn or by any means. or stored in a database or retrieval system. without the prior written pennission of the A.M. Best Company. Refer to our terms of use for additional details. http://www3.ambest.com/ratings/rating.asp?AMBNum=02452&Refnum=02452&Site=ratiI ... 2/27/2003 ./ BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal)' PALOMAR AIRPORT ROAD AND LA COSTA AVENUE DRAINAGE IMPROVEMENTS CONTRACT NO. 3865 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debar- ments. party debarred agency period of debarment BY CONTRACTOR: By; J. fletcher Creamer & Son, Inc. George c. Mallakis, ARea Manager (print name/title) party debarred agency period of debarment Page __ of __ pages of this Re Debarment form --~, 7/29/02 Contract No. 3865 Page 25 of 90 Pages - BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) PALOMAR AIRPORT ROAD AND LA COSTA AVENUE DRAINAGE IMPROVEMENTS CONTRACT NO. 3865 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 2) Has the suspension or revocation of your contractors license ever been stayed? X yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? X yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. (If needed attach additional sheets to provide full disclosure.) Page __ of __ pages of this Disclosure of Discipline form ~ Q 7/29/02 Contract No. 3865 Page 26 of 90 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) PALOMAR AIRPORT ROAD AND LA COSTA AVENUE DRAINAGE IMPROVEMENTS CONTRACT NO. 3865 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: J. Fletcher CReamer & Son, Inc. (n me of B. ----- (sign here} George c. Mallakis, Area Manager (print name/title) Page __ of __ pages of this Disclosure of Discipline form 0 7/29/02 Contract No. 3865 Page 27 of 90 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 PALOMAR AIRPORT ROAD AND LA COSTA AVENUE DRAINAGE IMPROVEMENTS CONTRACT NO. 3865 State of California } } ss. County of Los Angeles ) George c. Mallakis _____________________ , being first duly sworn, deposes (Name of Bidder) and says that he or she is _______ A_r_e_a_M_a_n_a_g_e_r ___________ _ (Title) J. Fletcher Creamer & Son, Inc. of _______________________________ _ (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalfy of perjury that the foregoing is true and correct and that this affidavit was executed on the 25 day of November , 20J!.L. Subscribed and sworn to before me on the :a 5~ day of ~o.a.:,~e,f:."'2-.. 200')--_ ft Q 7/29/02 Contract No. 3865 Page 28 of 90 Pages r ( lifD ~ /nsitufo,111· Technologies, Inc. November 21, 2002 General Contractors Bidding: 14532 Linden Irvine, CA 92606 Palomar Airport Road and La Costa Avenue Drainage Improvements, City of Carlsbad Bids due 4:00 P.M., Monday November 25, 2002 PH: 760.468.2878 FAX: 949.654.4830 Re: Bid item 19 Cured-in-place Pipe Liner Installation in 21" CMP and bid item 21 Cured-in-place Pipe Liner in 18" CMP. Enclosed: Section 500-1.4.5.1 Installer/Contractor Qualifications The following information is submitted for inclusion with your bid to the Owner. Please note that per item (a) on page 87 and item (e) on page 88 of the specifications this ,-information must be submitted with your bid. 1. Product Qualifications: See attached list of lnsituform projects in California and Arizona, totaling over 750,000 linear feet. lnsituform exceeds the 250,000' total product experience, the 50,000' California experience, and the 5 year experience. 2. Installer Qualifications: lnsituform is both the manufacturer and installer of lnsituform Cured-in-Place Pipe, and exceeds the 50,000' installation experience. All lnsituform field superintendent personnel have experience in excess of the 5,000' installation experience requirement. A foreman will be assigned to the project based on availability when the liner installation is scheduled. 3. Current ISO 9000 certification included. 4. Resin certification to ASTM D 5813 (chemical resistance) and D 2990 (long term creep resistance). Since 1971, lnsituform has rehabilitated over 53 million feet of pipe worldwide. Primary applications include storm drains, sewer lines, water systems and industrial piping. For the current project, we will issue a fully detailed and priced scope of work for your review and comment. We expect to have this complete late Friday or Monday morning. La Costa Storm Drain City of Carlsbad 11/21/02 Page2 f We will need to coordinate our installation with your work on La Costa. When you have top off the catch basin work, we ask that you maintain your traffic control and leave the top off the basin for our lining activities. We will advise how long this will take. Once we have completed the lining work, you may complete the balance of your work at this location. We appreciate the opportunity to present this information and encourage any questions or comments. Yours, INSl"I ..,~ORM TECHNOLOGIES --CLIENT LIST ) Conf 'ntial (Do not copy) PARTIAL LIST AGENCY SIZE.{IN.} LENGTH {FT,l DATE Los Angeles County Sanitation 78 700 Aug-93 Los Angeles County Sanitation -Joint Outfall 30" -36" 7,912 Jul-98 Los Angeles County Sanitation -Los Cayotes 30" -33" 7,183 Jul-98 Los Angeles County Sanitation -No. Plant 24", 33" 1,800 Jul-98 Los Angeles County Sanitation -S. Whittier 21" 1,300 Apr-98 LA County Dept of PW-75th St. 8" 10,000 Oct-99 LA County Dept of PW -Floral Dr. 811& 10" 24,595 Oct-98 City of San Diego -Mission Gorge 36/39/42" 29,800 Apr-98 City of Santa Barbara -Cabrillo Road 33" 700 Apr-98 R.E. Hazard Contracting -Morena Siphon 42" 800 Oct-89 R.E. Hazard Contracting -Morena Siphon 30" 200 Oct-89 City of Los Angeles -72" 100 May-89 City of Fresno -Dakota -Shields 30" 9,860 Nov-94 City of San Jose -Alamden Expressway 36" 3,000 Aug-90 City of San Jose -Arroyo -S. Antonio 48" 252 Mar-91 City of San Jose -Hillsdale Interceptor 30" 4,433 Mar-92 City of San Jose Almaden 1 B 42" 2,238 Nov-94 City of San Jose Almaden 1 B 48" 3,155 Nov-94 City of Martinez -Maywood Village 48" 225 Jun-91 City of Hayward -Clawiter -Enterprise 36" 1,300 Jan-97 City of Hayward -Clawiter -Enterprise 48" 750 Jan-97 City of San Francisco -Egg Shaped Sewer 30" X 60" 175 1991 Sacramento County -Treatment Plant 36" 170 Aug-96 City of Pinhole -Serita Street 30" 120 Jun-95 City of Brisbane 30" 18 Jan-97 Caltrans -Jackson Drive 30" 323 May-96 U.S. Army Corps of Engineers -Monterey 36" 426 Feb-95 City of Arcadia -Highland, Phase I 30" 225 Jan-95 City of Arcadia -Highland, Phase II 42" 240 Jan-95 Vallecitos Water District 30" 500 Apr-98 City of Phoenix -Priest Drive, Phase I 48" 1,560 Sep-95 Tempe -Priest Drive, Phase II 48" 3,300 Sep-98 Pima County Wastewater Management District 30" 12,400 Nov-96 County of Sonoma.Treatment Pit. outfall 8th st. 24" 4,652 Jun-94 City of Fresno -Dakota -Fruit 27" 1,970 Nov.-94 City of Fresno -Dakota -Fruit 30" 9,926 Jan.-95 City of Fresno -Fruit, Cherry, Marks 30" 5,330 Sep-98 City of Fresno -Fruit, Cherry, Marks 36" 5,310 Aug-98 INSli .. )ORM TECHNOLOGIES --CLIENT LIST ) Confr 'fltial (D.. ,,ot copy) PARTIAL LIST AGENCY SIZE.(IN.} LENGTH (FT.} DATE City of Fresno -Fruit, Cherry, Marks 45" 1,560 Dec-98 City of Fresno -Fruit, Cherry, Marks 48" 1,340 Dec-98 City of Fresno -Fruit, Cherry, Marks 48" 1,560 Dec-98 City of San Jose -Forest Rosa/Phase II 30" 537 Sep-98 City of San Jose -Forest Rosa/Phase II 42" 2,884 Sep-98 Pima County -NW Outfall 42" 2,300 Nov-98 SRP -Encanto 48" 2,000 Apr-98 Thousand Oaks -30" Sewer 30" 3,000 Nov-98 City of Thousand Oaks -8" Sewer 8" 3,050 Nov. 98 City of Seattle Annual Contract 36" Varies E. Mission Gorge -San Diego 36"-42" 30,000 96, '97, '98, '99 Santa Barbara -1998 Rehab. 6"to21" 8,500 Jan-99 Santa Barbara -Milpas 12" 550 Nov-98 San Clemente -Storm Drain 18"to24" 1,050 Nov-97 Capistrano Beach Water District 1 O" Siphons 10" 650 Jul-98 City of Launa Beach -Misc locations 8" 2,500 Nov-99 City of Launa Beach -Three Arch Bay 18", 24", 27' 1,495 Nov-98 Caltrans (District 12 Santa Ana Storm Drain 8" 750 Mar-98 Montecito -12" Sewer 12" 350 Oct-98 County of Santa Barbara -24" Storm Drain 24" 150 Mar-98 Lompoc -6" Sewer & Pool 6" 500 Feb-98 Lemon Grove Sewer Rehab. 6", 8", 10" 23,804 98, '99 Escondido 24" 496 1998 Canyon Lake -Sewer Rehab. 8" & 10" 6,000 1997 Rialto Sewer -Sewer Rehab.97 8" & 12" 4,000 1997 Hemet Sewer -Sewer Rehab. 6", 8", 10" 14,000 1995 City of San Diego Job Order Contracts 8" 12,151 FY '00-'01 City of Del Mar -01 Sewer Rehab 6" 3,000 2001 Valley Sanitary District Phase 1 8" 3,300 2001 Camp Pendleton, CA 8", 10" 14,000 2002-2003 City of Big Bear Lake 8" 56,000 87-'02 City of Chula Vista 8" 4,900 2001 City of Upland 8" 9,300 2001 City of Upland 8" 14,000 2002 San Diego East Mission Gorge Trunk Sewer 36" & 42" · 37,000 1996-1999 City of San Diego Home Ave 15" 12,330 '99, '00 City of San Diego Group Projects 6" -12" 34,000 1996-2003 San Diego Bayshore Trunk Sewer 18" 5,994 98, '99, '00 INSI"; ~ORM TECHNOLOGIES -CLIENT LIST ) Confi~f ti al (1. . t copy) PARTIAL LIST AGENCY SIZE.{IN.} LENGTH {FT.} DATE San Diego Alvarado Trunk Sewer 21" 960 2000 San Diego Redwood & 31st 8", 10" 9,617 2000 San Diego Pipeline Rehab in ROWs Phase A 811, 10", 12" 142,000 2002-2003 San Bernardino County -CCSD Ph 1 8" 3,700 2001 County of San Diego Sewer Rehab 8" & 10" 3,073 2000 City of Sierra Vista 8" 10,000 1999 Mission Springs -Sewer Rehab. 6"&811 11,000 94&96 City of Tempe 48" 3,300 Mar-98 Showlow 6"&811 3,059 May-98 Showlow 6" 5,105 Dec-98 Scottsdale-Point Repairs 8" 100 Oct-98 Pima Co. Tucson, 6th Street 8", 10" 9,001 Oct-98 Phoenix Small Bore 8", 10", 12" 39,201 Dec-98 Winslow 6", 8", 10" 1,000 Jan-99 Glendale -Lamar Road 8" 664 Feb-99 Glendale -City wide sewer rehab 8" 60,000 Oct-99 City of Phoenix -91 st Ave Trunk Line 48"-72" 10,634 Feb-99 Pima County. Tucson, Swan 8" 65 Nov-98 Pima County 21" 2,788 Jun-95 Pima County 30" 21,000 2000 Pima County 42" 3,300 May-98 Sub Regional Operating Group, Iv.. 54"-72" 10,000 2001 !TOTAL FOOTAGE 788,428 ~ lnsituform• Technologies, Inc. SUPERVISORY FIELD PERSONNEL Note: All Superintendent personnel listed have experience well in excess of the 5,000 LF minimum required by this project. The superintendent will be selected based on availability when the ·t hdl.fifd pro1ec sc e u e 1s na ,ze . CURRENT YEARS OF EMPLOYEE NAME POSITION EXPERIENCE Line, Kim Special Projects Mar 29 Avila, Fernando Superintendent 5 Broyles, Ryan Superintendent 8.5 Cannoy, Mark Superintendent 18 Corum, Kerry Suoerintendent 9 Davis, Glenn Suoerintendent 14 Gillaspie, Bob Suoerintendent 18 Ladd, Darren Suoerintendent 6 Laney.Jason Suoerintendent 5 Lawson.Eric Suoerintendent 7.5 Moore, Thomas Superintendent 8 Duarte, William Foreman 5 Espinoza, Miquel Foreman 6 Lynn.Steve Foreman 5.5 Munoz, Jose Foreman 6 Nguyen, Long Ba Foreman 23.5 O'Donnell, Neil Foreman 7.8 Smith, Jerry Foreman 8 Stinnett.Jeff Foreman 8 Valdez, Jose Foreman 8 Werts, Mark Foreman 6 Goff, Chris Wetout Foreman / Lead Technician 10.5 07108/02 roo Ill Certificate of Apprmd Awaniaito INSITUFORM TECHNOLOGIES1 INC. SEE APPENDICES PA CE FOR REGISTERED LOCA TJONS Bureau V eritas Qµal,ity Intemationd (1VA} Inc. rertifies that i I the Qµa},ity Managenmt Systen of the alme suppl,iet-has be:rz !! 1 assessed and found w be in accmdance'Witl, the requirenents of the standards and scope of supply detaiki Wow. i QUAUIYSTl\.""lDARDS ----------I ISO 9001:2000 -----------SCOPE OF ST.,"PPLY ----------- DESIGN, DEVELOPMENT, CORPORATE FUNCTIONS, MANUFACTURING, APPLJCATJONS ENGINEERING, PREPARATION AND INSTALLATION OF PRODUCTS FOR THE REHABILJTATION i ! OF PIPELINE.s USING THE FOLLOWING TRENCHLESS TECHNOLOGIES: . . • INSJTUFORM CURED-IN-PL.II.CE PIPE (CIPP) • NUPIPE a FOLD AND FORMED • THERlifOPIPE'" FOLD AND FORMED. Original Approval Date: 2# NOVEMBE.R 199$ Subj«t to the cmtims1 sati.s/4t1Dry .~ of the swpplier's Q,iality Managemnt Systen, rbis certift:aa'Ui/J nmiin wlid until: UAPR!L 100, usuc D,m:: 8 MAY 2002 § ... Ortificm No: 108228 . : ... - Page 1 of 2 DOC ID: COR/FAM-QUS-9S EFF. DATE: 07/08/02 APPROVAL: COMPANY MGT. REP. ON FILE HJ:U. llilHOd,lJ..ISN'I r.ILfl0C£0C0 XVII GI: er flHL Z0/TZ/lT ,- i 07/08/02 ff!!I -------------------- Certificate of Approu:d Awardt:d t:o INSITUFORM TECHNOLOGIES, INC. Appendix to Certificate Number: 108128 AKl9!'1:ffl,X 711E DWGN, DEVEJ.OPM.ENJ~ CORPORATE.FUNCTIONS,MANUFAC'lVRJNG.J.PPUCATlONS £NG/NE.EJUNO, PREPARATION II.YDINSTAL1.AT10N OF /'RODUCT.J FOR THE REHABIIJI'la.TION OF PIPELINES USING THE FOU.O"WING TRENCHI..ES! Tl!CHNOLOGJlS: • INSITUFOIW Cr.JltED,IN-ll.A.C£ PTPE (CIP.F) • MJPIPS • FOLD ANDFORMZD T'Kl.lWOP!!E" FOLD AND FORME.D Hl!ADQUAlU'ERS AND I\ & D 7111. Sl'll\IT 40 PARX Dft.IVE CHESTElU'f!LD,MISSOUN, US.A. CON'J"MC'J'JNGOPERATIONS 11'J88 EDISON AVENUE ~,MISSOURI, Us.A. MANUPACTUIUNG PACIUTY l31! 0£MOCRAT ROAD MF.MPHJS, TENNESSEE, ti.SA.. MA.NUFACl\.iKING fAC!Lm 160 CORPORAT£ DRIV't 8ATESVILL£, MISSfSSJPPt. 11.5.A. CONTi\ACTtNG OPERATIONS fOU l'LO'\l'EIU M>AD, Stll'n 410 ATLA.."'l'l'A.GEOl\GJA, U.5.A. CONTIV.CllNC OPEI.ATIONS J\DIJTE 2Q CA:al.TON lND. PAJUC 25) a. 'l'OP.CHESTD. NlA.0 CWdU.TON,MASSACKUSErTS, ll..U ~OPIJV,TIONS 3475 C&IBBLE Jl.0A.O MATIHffS, NOJlTiiCAJOLINA, UM OON'TMCllNGOPERATIONS lOfl DUBLIN CillCL.£ IESSEMEl\, Al.ABAMA, U.S.A. CONTMCTINGOPEMTJONS UZTWIN !I.MS OOUllT NASlMLL!, TENNESSEE, U.S.A. DOC 10: COA/FAM-QUS-95 RfXiITT£MP LQGAUPNi Par.,e 2 of 2 CONTIVJ:T[NG OPERATIONS l"ttALCJNE WESTFJI.I.D HOUSTON. TEXAS, US.A. CONTRACTINGOPEltt.TlONS 71105 • ll S'lllEET EDMONTON,AJJSl!ATA.CAN'Al>A C.ONT1.VrC11NGQPDATIONS tll97 MAIN STUET 1.EMONT,llLINOlS,U.s.A. CONTMCTINC OPERATIONS 7'95 S, M01WliON BLVD. HAMMOND, LOUISIANA. tJ.SA CON'11V.C'l1NG OPERATIONS 5100 E. 2ND URUT BENICIA, CAI.IFOllNIA. C,li CON'J'I\.ACTIMG OPERATIONS 9'5-4 TITAN COlJP.T UTIU.TON,COLOIW)O, U.S.A. CO:fl'l\ACnNOOPERAnONS 550PMNKUNA.VENUE MT. VD.NON, NEW "«>NC. US.A. C0NTIW!11NG Ol'!lATIONS 11511 PHILU'S HWY, S. JACUONVILLE. FLORIDA, U.S.A. EFF.DATE~07/08/02 APPROVAL: COMPANY MGT. REP. ON FILE ff:)3J. JUIOdllLISNI I\S!TLTUR.\I TECrl.'iOUJClf:S -··-S\, S.\\L\ FF ----- ~ ~ lnsituform Technologies; Inc /.---:::,:-:~r.1Ce ?1c-e/i,;e :i-; ~a~j ·,·tare.-. ~:·2 S;·;,: ..:c Fart: .. .-: :~es1:~i.:,J t . .,~c ~2c:s CERTIFICATE OF COMPLIANCE Date: September 25, 2000 AOC 102TA is a resin that has been approved by lnsituform Technologies. Inc. for use in lnsituform projects. AOC 102TA resin has a successful history in both lab conditions and actual field installations and meets the chemical resistance recommendations of ASTM F1216-98 and ASTM 05813-95. We recommend the following physical properties for lnsituform design 'wtlen using the AOC 102TA polyester resin system: Flexural Modulus of Elasticity .................................... 400,000 psi Flexural Strength ...................................................... 4,500 psi Flexural Modulus Reduction to Account For Long-term Effects ........................................... 50% The above values were derived from samples tested in accordance 'Nith modified ASTM 0-790 and 0638 w'hen used and installed in accordance with procedures recommended by lnsituform Technologies, Inc. INSITUFORM TECHNOLOGIES, INC. Afij~~ \ Eu~~ne Zaltsman 'f~ct Engineer STATE OF MISSOURI COUNTY OF ST. LOUIS Subscribed and sworn to before me on this ~day of S-(pt · in the year 2000. rb~~ Notary Public LAURA10NES Notary PubUc -Notary Seal ST A TE OF MISSOURI Lincoln County My Commission Expires: Dec. 30, 200! CONTRACT PUBLIC WORKS This agreement is made this qt11 day of ()J B::t2Af::t , 20..LLt;-by and between the City of Carlsbad, California, a municipal corporation, {hereinafter called "City"), and J FLETCHER CREAMER AND SON I NC whose principal place of business is ___ 1_2_87_4_S_A_N_F_E_R_N_A_N_D_O_R_O_A_D_,_,_S_L Y_M_A_R~,_C_A_91_3_4_2 _______ (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: PALOMAR AIRPORT ROAD AND LA COSTA AVENUE DRAINAGE IMPROVEMENTS CONTRACT NO. 3865 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2000 Edition, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. ~ {.J 7/29/02 Contract No. 3865 Page 29 of 90 Pages -- 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. ft {.J 7/29/02 Contract No. 3865 Page 30 of 90 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety· and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay air costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 1 O. Insurance. 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, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: (1) Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. (2) Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. · (3) Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. 0 7/29/02 Contract No. 3865 Page 31 of 90 Pages (1) The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' ·liability coverage. (2) The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. {4) Coverage shall state that the 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. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty {30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91-403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under thi~ agreement shall be included in the Contractor's bid. ~ ~, 7/29/02 Contract No. 3865 Page 32 of 90 Pages 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac- tor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. ~ init ~ init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompany- ing the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. ft Q 7/29/02 Contract No. 3865 Page 33 of 90 Pages 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 16. Additional Provisions. Any additional provisions of this agreement are set forth in the uGeneral Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: Juergen R. Hofheinz, Assistant Corp. Sec. (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney #11! ~, 7/29/02 Contract No. 3865 Page 34 of 90 Pages State of New Jersey County of Bergen ACKNOWLEDGEMENT OF PRINCIPAL On this 24th day of February 2003 before me personally came J. Fletcher Creamer, Jr. and Juergen R. !:!Q~~ to me known who, being duly sworn did depose and say that they reside at 49 E. Saddle River Rd., Saddle River, NJ 07458 and 250 Kipp Ave., Hasbrouck Heights, NJ 07604, respectively and that they are President and Assistant Corporate Secretary, respectively of J. Fletcher Creamer & Son, Inc. the corporation described in and which executed the foregoing instrument; that they know the seal of said corporation; that one of the seals affixed to said instrument is such seal; that it was so affixed by order of the directors of said corporation, and that they signed their names thereto by like order. RAFFAEU.A 1EU.11 NOTARYPUBUC SWE a,9 JERSEY MYCOMMISSIONflCPfRESSEP'tZO.at l>if 229202I r r r JFC#02-1601 LABOR AND MATERIALS BOND Bond No. 6145190 WHEREAS, the City council of the City of Carlsbad, Stats of California, by Resolution No. 2003-036 adopted FEBRUARY 4, 2003 , has awarded to J FLETCHER CREAMER AND SON INC (hereinafter designated as the aprincipaP'), a Contract for: PALOMAR AIRPORT ROAD AND LA COSTA AVENUE DRAINAGE IMPROVEMENTS CONTRACT NO. 3165 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and aJI of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms 1hereof require the furnishing of a bond, providing that If Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon 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, J FLETCHER CREAMER AND SON INC as Principal, {hereinafter designated as the "Contractor"), and Safeco Insurance CQmpany RAmeY:dz~ as Surety, are held finnly bound unto the City of Carlsbad in the sum of TWO HUNDRED EIGHT THOUSAND NINE HUNDRED TWENTY FIVE AND NO/00•-----------Dotlars ($ 208,925. 00---------), said sum being an amount equal to: One hundred percent (100%) of the totat estimated amount payable under said contract by the City of Carlsbad under the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000} or, Fifty percent (50%} of the total estimated amount payable under said contract by the City of Carlsbad under the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000) or, Twenty-five percent {25%) of the total estimated amount payable under said contract by the City of Carlsbad under the terms of the contract if the contract exceeds ten million dollars ($10,000,000) and for whioh payment well and truly to be made we bind ourselve$, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBL1GATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams 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 a.mounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code wtth respect to such work and labor that the Surety will pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is brought upon the bond, costs and reasonable expenses and fees, including reasonable attorney's fees, to be fixed by the court, as required by the provisions of section 3248 of the California Civil Code. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with section 3082). 0 .,!"JO/no ,....-....,,.- Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications aooompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that Contractor is an indMdual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by ~NTRACTOR this _2_4_t_-h_ day ot ___ F_e_b_r_u_a_r .... Y,.__ __ _, 20~. CONTRACTOR: J. Fletcher Creamer, Jr. (print name here) Juergen R. Hofheinz (print name here) Assistant Corporate Secretary J. Fletcher Creamer & Son, Inc. (title and organization of signatory) Executed by SURETY this 2 4 hh day of February SURETY: ... --03· , 20_. Safeco Insurance company of America (name of Surety) 1200 MacArthur Blvd., Mahwah, NJ (address of Surety) (732) 574-9888 Kathleen Aneilo (printed name of Attorney-in-Fact) (attach corporate resolution showtng current power of attomey) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vica-president and secretary or assistant secretary must sign for corporations, If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.} APPROVED AS TO FORM: RONALD A. BALL City Attorney By: -------.,-..:.....:;.. ... --=a;....~_P'_'*"" __________ _ 0 7/'>Q/M JFCt02-1601 FAITHFUL PERFORMANCEJWARRANTY BOND Bond No. 6145190 WHEREAS, the City Council of the City of Carlsbad, State of CalHomia, by Resolution No •. __ 20_0_3_-o_3_& __ , adopted __ F_E_B_R_U_A_R_Y_JJ.,;;.,_2_0_0_3 ______ _. has awarded to ~J ~ • ..1.F..!oLs.!::E:..!T~C::.!H.!.IE=r.iR~C!;!.!R~E!=.!Au.Ml.!.L&:.E~R"""A~N~D~S=-O-.wN ..... , ..... t~NuC,u, ___________ _.. (hereinafter designated as the 11Prineipa1•), a Contract for. PALOMAR AIRPORT ROAD AND LA COSTA AVENUE DRAINAGE IMPROVEMENTS CONTRACT NO. 3865 in the City of Carlsbad, In strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or Is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, J. FLETCHER CREAMER AND SON. INC. , as Prtnclpal, (hereinafter designated as the 11Contractor-). and Safeco Insurance Company of America ) ____________ , as Surety, are held and firmly bound unto the City of Cartsbad, in the sum of TWO HUNDRED EIGHT THOUSAND NINE HUNDRED TWENTY FIVE AND NO/ 00------------------------Dollars ($ 208,925. 00-----). said sum being equal to one hundred percent (100%} of the estimated amount of the Contract, to be paid to City or its certain attorney, Its successors and assigns; for which payment, well" and truly to be mad&, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shatl in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respeots according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City In successfully enforcing such obligation, all to be taxed as costs and included In any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to 1he tenns of the Contract, or to the work to be perfonned thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. · 0 ""//?Q/f't':J In the event that Contractor is an indMdual1 it is agreed that the death of any such Contractor shalt not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 24th day of ___ R_e_b_r_u_a_r_y __ _.. 20_Ql_. CONTRACTOR: J. Fletcher Creamer & Son, Inc. (name of Contractor) J. Fletcher Creamer, Jr. (print name here) President, J. Fletcher Creamer & (Title and Organization of Signatory) B~//y(~ Juergen R. Hofheinz (print name here) Assistant Corporate Secretary J. Fletcher Creamer & Son, Inc. (Title and Organization of signatory} Executed by SURETY this 24th day of _____ F_e_b_r_u_a_r_,,y.._ _ _.. 2cP2.__. SURETY: Safeco Insurance Company of America (name of Surety)·· 1200 MacArthur Blvd., Mahwah, NJ (address of Surety) · (732 l 574-9 8 88 (telephone number of SuretY. Kathleen Anello (printed name of Attomey-in·Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attaoh a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) · APPROVED AS TO FOAM: RONALD R. BALL City Attorney By: Paae 38 of 90 Paaes TOTAL P.07 xxxx NEW JERSEY SURETY DISCLOSURE STATEMENT AND CERTIFICATE pursuant to N.J.S.A. 2A:44-143··' (for use when surety(ies) have a Certificate U.S. Secretary of the Treasury in accordance with 31 U.S.C. s9305) SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA AMERICAN STATES INSURANCE COMPANY surety(ies) on the attached bond hereby certifyQes) the following: (1) The suretyQes) meets the applicable capital and surplus requirement of R.S. 17:17-6 as the surety's most current annual filing with the New Jersey Department of Insurance. (2) The capital and surplus, as determined in accordance with the applicable laws of this State, of the surety(ies) participating in the issuance of the attached bond is {are) in the following amounts as of the calendar year ended December 31, 2001, which amounts have been certified on a Consolidated Certification by Ernst & Young, 999 3rd Avenue, Suite 3500, Seattle, Washington 98104 and are included in the Annual Statement on file with the New Jersey Department of Insurance, 201 West State Street, Trenton, New Jersey. -lULI SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA AMERICAN STATES INSURANCE COMPANY $ 756,924, 150 $ 514,388,068 $ 56,065,953 $ 377,448,981 (3) With respect to each surety participating In the issuance of the attached bond that has received from the United States Secretary of the Treasury a certificate of authority pursuant to 31 U.S.C. § s9305, the underwriting limitation established therein on July 1, 2002 is as follows: -XA-SAFECO INSURANCE COMPANY OF AMERICA $ 32,335,000 GENERAL INSURANCE COMPANY OF AMERICA $ 51,439,000 FIRST NATIONAL INSURANCE COMPANY OF AMERICA $ 4,875,000 AMERICAN STATES INSURANCE COMPANY $ 21,819,000 (4) The amount of the bond to which this statement and certification is attached is $ ~, 9 2 5 • O O (5) If, by virtue of one or more contracts of reinsurance, the amount of the bond indicated under item (4) above exceeds the total underwriting limitation of all sureties on the bond as set forth in item (3) above, then for each such contract of reinsurance: {a) The name and address of the reinsurer under that contract if applicable, and the amount of that reinsurer's participation in the contract is: NIA (b) Each surety that is party to any such contract of reinsurance certifies that each reinsurer listed under item (5} (a} satisfies the credit for reinsurance requirement established under P.L.1993, c.243 (c.17:518-1 et seq.) and any applicable regulations in effect as of the date on which the bond to which this statement and certification is attached shall have been filed with the appropriate public agency. CERTIFICATE (to be completed by an authorized certifying agent for each surety on the bond) Kathleen Anello , as Attorney-in-Fact for Safeco Insnnance Company a corporatio {name of agent) (title of agent) name of surety(ies) domiciled in Seattle, Washington, DO HEREBY CERTIFY that, to the best of my knowledge, the foregoing state me are true and ACKNOWLEDGE that, if any of those statements made b mP.-~~alse, this bond is VOID . S-4662/GEEF 7/02 ~ ( · natur· .. ltl-•"""'"'ng agent) { ~thl Anello (Printed name of certifying agent) Attorney-in-Fact (Trtle of certifying agent) February 24, 2003 (Date) WORD 1 l l l -~SAFE C 0~ POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL n-;SURANCE COMPM'Y OF A.'J.E.RlCA HOME OFFJCE: SAFECO PLAZA SEATTLE. WASl-i!NG TON 98 '. 65 No. 3145 KNOW ALL BY THESE PRESENTS: Tha! SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation. does each hereby appoint its true and lawful attomey(s)-in-facl, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 24th day of January , _2_01_l3 __ ~k µc.~,cfa-_ CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: ~Article V, Section 13 .• FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vica President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to . execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of ils business .. , On any strument making or evidencing such appointment. the signatures may be affixed by facsimile. On any instrument conferring such aulhority or on any bond or .Jndertaking of the r.ompany. the seal, or a facsimile thereof, may be impressed or affixed or in any other manner r+iprodur.ed; provided, howevar. that the seal shall not be nt1C&ssary to the validity of any such instrnment or undertaking." Extract from a Resolution of lhe Board ofOirectors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970, "On any cerlH'icate executed by the S11cretary or an assistant secretary of the Company setting out, (i) The provisions of Miele V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, e,,;ecuted pursuant thereto, and (iii) Certifying that said power-of-attorney appointment Is in full force and effect, the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 24th day of February 2003 CHRISTlNE MEAD, SECRETARY ti A ra;,ster&1 tfadematk Qf SAFECO COtl)Oral.~ OH24/2003 POF Fi3" SAFE Co• SAFECO rNSUR~"'iCE COMPA.'\:'Y Of A\fER.ICA FriA ... -..;cL.\.L ST A TE.'-ffi'-7 -DECE.\ffiER JI, 2001 Assets Czh and B.ank !)eposi!.I. ... ............. . ...... ....... . .. S 28. n9, 14.3 •Bonds -U.S Government ................ .,... .......... 172.579,475 •OtJ,c:r Bonds .................. .... . .... ............... .... . 1.686.877.756 • Stocks ............................................................... .,.. 595,048.675 Re:il E.st:1te ................... .......... .................... ........ 35.076,733 Agents' 8:1l:uices or llncollteted Premiums....... 286,362,995 Accrued Interest and Rents ................................. . Other Admitted As.sets ........................................ . 32.961,439 .S57,153.0SO Tot:il Admitted Assets .............................. ~.. $3,394,839,266 Liabilities Une.uned Pn:m.iums ....................................... .. Reser.·e for Claims and Claims E:<pensc ............... . Funds Held Under Reinsut:l.llce T~1les ............ .. Reserve for Dividends to Policyholders ................ . Additional Statutory Reserve .............................. . ReRrve for Commissions. T.i.,es 311d S 573,965.389 l .520.553,.379 551.241 6.68-t4-66 Other Liabilities ...................................... .. .. . . '536,160.641 Total··-··---·········-··-··-.. -· ..... _.,_ .. _,._.,..... .$2.637.915, 116 Capiul Stock ............................. l 5,000,000 • P:iid in Surplus........................... l 52,J06,484 Un.usigned Sutplus ................... 599,617,666 Surplus to Policyholders.,............................ 756,924,150 Tot.al Ll:ibllielcs and Surplus............................... $3,.394,839,.266 • Bonds arc stated :i.t amortized or investment v:iluc; Stocks .il Association Market Values. Securities C:lrricd .II $121,297,719 are deposited ::IJi required by faw. I. MICHAEL C. PETERS. president of SAFECO lnsur:mcc Company of America, do hereby certify that the foregoing is a 1ruc. and correct statement or the Assets :md Liabilities of said Corpotation. as of December 31, 2001. to !he best of my knowledge and bc!ic{. IN WlTNESS WHEREOF, I have hereunto set my h;i.m.l and aflh.cd the seal or said Corpor.1tion :it Sc:ittlc. W:ishington. this 1st d,1y of March. 2002. President ACKNOWLEDGMENT OF SURETY STATE OF NEW JERSEY COUNTY OF UNION On February 24, 2003, Kathleen Anello to me known, who, being by me duly sworn, did depose and say that he/she rs an Attorney in Fact of Safeco Insurance Company of America the corporation described in and which executed the within instrument; that he/she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal; and that he/she signed the said instrument and affixed the said seal as Attorney in Fact by authority of the Board of Directors of said corporation and by the authority of his/her office under Standing Resolutions thereof. Nancy L. Brooker Notary Public of New Jersey My Commission expires March 10, 2006 ACKNOWLEDGMENT OF PRINCIPAL STATE OF New Jersey COUNTY OF __ B;;;...;;.e.;;;..r"'g"""en=------ On this 24th day of February 20 03 before me personally came J. Fletcher Creamer, Jr. & Juergen R. Hofheinz to me known, who, being by me duly sworn, did ~b-~ 49 E. Saddle River Rd., Saddle River, NJ 07458 & depose ~'hde~ayi~~t ~JI~~iist at&2l8s!~~Rn~e,. Hasbrouck Heights, NJ 07604, respectively and that~ is the Corp. Sec. of J. Fletcher Creamer & Son, Inc. the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that one of the seals affixed to said instrument is such seal; that it was so affixed by order of the directors of said corporation, and that he/she signed his/her name thereto by like order. RAFFAEU.A BEU.N NOTARY PUBLIC STATE OF NEW JERSEY MY COMMISSIONECPIRfSse,t !JII. _., ID#n82025 ·· . ..,.-.w# OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is ----------------------------- ______________________________ hereinafter called "Contractor" and _______________________ whose address is ________________________________ hereinafter called "Escrow Agent.• For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for Palomar Airport Road and La Costa Avenue Drainage Improvements, Contract No. 3865 in the amount of ____________ dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions unaer these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. ft ~, 7/29/02 Contract No. 3865 Page 39 of 90 Pages 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 1 O. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title ----...:.F..:.:IN=A..:.:N..:.;C=E=--=D=IR..:.:E=C:..T:..;:O:.:.R.:.------ Name _________________ _ Signature ________________ _ Address ----------------- For Contractor: Title _________________ _ Name _________________ _ Signature ________________ _ Address _______________ _ For Escrow Agent: Title _________________ _ Name ------------------ Signature ________________ _ Address ________________ _ At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. 0 7/29/02 Contract No. 3865 Page 40 of 90 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title MAYOR Name (_~~ L<t~ Signature A ? Address \:tH ~a.. ... \~w 'l\\\o.:>! ~ ... ' C.o...k,,b-,,:l, C.Pl Cj;lcoS- For Contractor: Title _________________ _ Name ________________ _ Signature _______________ _ Address _______________ _ For Escrow Agent: Title Name ________________ _ Signature _______________ _ Address _______________ _ 0 7/29/02 Contract No. 3865 Page 41 of 90 Pages SUPPLEMENTAL PROVISIONS FOR PALOMAR AIRPORT ROAD AND LA COSTA AVENUE DRAINAGE IMPROVEMENTS CONTRACT NO. 3865 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1 -GENERAL PROVISIONS SECTION 1 -TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS. (Add the following section): 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. (Add the following section): 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. (Add the following section): 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer'', unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. (Add the following section): 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. (Modify as follows): The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency -the City of Carlsbad, California. City Council -the City Council of the City of Carlsbad. City Manager -the City Manager of the City of Carlsbad or his/her approved representative. ft (.17/29/02 Contract No. 3865 Page 42 of 90 Pages Dispute Board -persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer -the Public Works Director of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item -a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization -When used in Section 2-3.1 -Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor -Any person who provides equipment or tools with an ope.rater provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Deputy City Engineer -The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector -The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Construction Manager -The Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. 1-3 ABBREVIATIONS. 1-3.2 Common Usage. (Add the following): Abbreviation Word or Words CL .................................... Centerline E ...................................... Electric EG .................................... Existing Ground Ex, Exist ........................... Existing FS .................................... Finished Surface IE ..................................... Invert Elevation MF .................................... Manufactured NTS ................................. Not to Scale OC .......... : ........................ On Center OD ................................... Outside Diameter RCP ................................. Reinforced Concrete Pipe SD .................................... Storm Drain SDRSD ............................ San Diego Regional Standard Drawing S/W .................................. Sidewalk TYP .................................. Typical ft ,, 7/29/02 Contract No. 3865 Page 43 of 90 Pages SECTION 2 --SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General. (Add the following): Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 1 O percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BONDS. (Modify the second sentence of paragraph one as follows): Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570, ". (Modify paragraphs three and four to read): The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. · The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. (Add the following): All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. ft Q 7/29/02 Contract No. 3865 Page 44 of 90 Pages 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. (Add the following): The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 20QO Edition and supplements thereto, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of one set of drawings designated as DWG No. 400-3 and consists of 3 sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS or SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. 2-5.2 Precedence o~ Contract Documents. (Modify as follows): If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2} Supplemental Provisions. 3) Plans. 4) Standard Plans. i) City of Carlsbad Supplemental Standard Drawings. ii) Carlsbad Municipal Water District Standard Drawings. iii) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. iv) San Diego Area Regional Standard Drawings. v) State of California Department of Transportation Standard Plans. 5) Standard Specifications for Public Works Construction. 6) Reference Specifications. 7) Manufacturer's Installation Recommendations. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have preced!;mce over general plans. 2-5.3 Precedence of Contract Documents. (Add the following): Where CALTRANS specifications are used to modify the SSPWC or added to the SSPWC by any of the contract documents the CALTRANS specifications shall have precedence only in reference to the materials and construction materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of precedence in section 2-5.2 of the SSPWC, shall prevail over the CALTRANS specifications in all other matters. 2-5.3.3 Submittals. (Add the following): Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: ~ ~, 7/29/02 · Contract No. 3865 Page 45 of 90 Pages 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submit- tals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: ---------------Title: Date: Company Name: (Add the following): 2-5.4 Record Drawings. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10} days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-10 AUTHORITY OF BOARD AND ENGINEER. (Add the following section): 2-10.1 Availability of Records. The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. (Add the following section): 2-10.2 Audit And Inspection. Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and ftt '-1 7/29/02 Contract No. 3865 Page 46 of 90 Pages records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contracfshall maintain such data and records for as long as may be required by applicable laws and regulations. SECTION 3 -CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit Prices. (Add the following): In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK. 3-3.2.2(c) Tool and Equipment Rental. (Second paragraph, modify as follows): f1egardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. 3-3.2.3 · Markup. (Delete sections 3-3.2.3 (a) and (b) and replace with the following): (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials . . .. . .. .. .. . . . . . . .. . .. . . . . ... 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. (Add the following after the second sentence): Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. {Delete the second sentence of paragraph three, delete paragraph five (5), and add the following): The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7 .3 Contract Time Accounting, nor to any claim that is based on differences in ~ {.17/29/02 Contract No. 3865 Page 47 of 90 Pages measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written docum~nt containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. ''The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." · By: --------------Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. (Add the following): The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. (Delete second sentence of paragraph one and add the following): Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1 . Project Inspector 2. Construction Manager 3. Deputy City Engineer -Inspection Division 4. Public Works Director 5. City Manager ~ . ~, 7/29/02 Contract No. 3865 Page 48 of 90 Pages The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000} or less which arise between a contractor and a local agency. (2} This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that _"public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c} The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contrc1ct for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writlng, within 30 days of receipt of ft ~, 7/29/02 Contract No. 3865 Page 49 of 90 Pages the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 91 0) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. ft '-1 7/29/02 Contract No. 3865 Page 50 of 90 Pages 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwis~ provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court cl~ . SECTION 4 -CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General. {Add the following): The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill. this Contract. · · 4-1.4 Test of Materials. (Delete the phrase}, "and a reasonable amount of retesting", from the third sentence of the first paragraph. {Add the following): Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4·1.6 Trade names or Equals. (Add the following): The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. ~ Q 7/29/02 Contract No. 3865 Page 51 of 90 Pages (Add the following section): 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 6 -PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. (Delete section 6-1 and substitute the following): Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within thirty (30) calendar days after receipt of the "Notice to Proceed". (Add the following section): 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's· management personnel responsible for the management, ~dministration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. (Add the following section): 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule at the pre-construction meeting. (Add the following section): 6-1.1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. ~ \.J 7/29/02 Contract No. 38(?5 Page 52 of 90 Pages (Add the following section): 6-1.1.3 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. (Add the following section): 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. 6-2.3 Project Meetings. The Engineer will establish the time and location of a project meeting only if a meeting is deemed necessary by the Engineer. Each Project Meeting shall be attended by the Contractor's Representative. The Project Representative shall be the individual determined under section 7-6, ''The Contractor's Representative", SSPWC. No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. (Modify as follows): The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7TIME OF COMPLETION. (Add the following): The Contractor shall diligently prosecute the work to completion within forty (40) working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. (Add the following): Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. ~ ~, 7/29/02 Contract No. 3865 Page 53 of 90 Pages 6-8 COMPLETION AND ACCEPTANCE. (Delete the second paragraph and add the following): The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. (Delete the first sentence of the third paragraph and substitute the following two sentences): All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. ·Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. (Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following): For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of five hundred dollars ($500.00). Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 • RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. {Modify as follows): All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. (Add the following}: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. (Delete the first sentence and add the following four sentences): Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. ft ~ 7/29/02 Contract No. 3865 Page 54 of 90 Pages 7-7 COOPERATION AND COLLATERAL WORK. (Add the following section): 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. (Add the following): There shall be no stockpiling nor storage of materials allowed in the City right-of-way, nor on City property. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.5 Temporary· Light, Power and Water. (Add the following): The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, · power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. (Add the following): The Contractor shall comply with all requirements of the storm water pollution and monitoring plan prepared for this project in accordance with the California State Water Resources Control Board order number 92-08-DWQ, NPDES General Permit number CAS000002 and the ''Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity". (Add the following section): 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. Trees, lawns, plants, fences, walls, and shrubbery shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. ~ ~, 7/29/02 Contract No. 3865 Page 55 of 90 Pages 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. (Add the following): For safety reasons, the Contractor shall schedule work such that no walkway nor roadway are left partially completed or in a dangerous condition at the end of the workday. There shall be no stockpiling, nor storage of material in the City right-of-way. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal .company, Coast Waste Management at 929-9417. For any Work in the traveled roadway. the Contractor must submit Traffic Control Plans (TCP) for the Engineer's review in conformance with the requirements of section 2-5.3, and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20-day review period specified in section 2-5.3 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified, or added to, for the Engineer's review. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shalt give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 48 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. ft '-17/29/02 Contract No. 3865 Page 56 of 90 Pages 7-10.3 Street Closures, Detours, Barricades. (Modify the second paragraph as follows): After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1} The Engineer. .................................................................................... (760) 438-1161 X-4411 2) Carlsbad Fire Department Dispatch .................................................. (760) 931-2197 3) Carlsbad Police Department Dispatch .............................................. (760) 931-2197 4) Carlsbad Traffic Signals Maintenance ............................................... (760) 438-2980 X-2937 5) Carlsbad Traffic Signals Operations ................................................. (760) 438-1161 X4500 6) North County Transit District .................. : .......................................... (760) 7 43-9346 7) Coast Waste Management.. .............................................................. (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. (Add the following): Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation "Manual of Traffic Controls," 1996 edition and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. (Add the following section): 7-10.3.1 Construction Area Signs and Control Devices. The Contractor shall provide barriers, guards, lights, signs. flaqpersons, and fencing as required to keep pedestrian traffic safely away from construction activities including, but not limited to. walkways. sidewalks, stairways, etc. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7 .2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 210-1.6for materials and section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et 0 7/29/02 Contract No. 3865 Page 57 of 90 Pages seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 180 mm (7") long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 1.8 m (6') of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 7.6 m (25') intervals to a point not less than 7.6 m (25') past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the Engineer. (Add the following section): 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 6 feet, nor operate equipment within 3 feet from any traffic lane occupied by traffic. For equipment, the 3 feet shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of one paved traffic lane, not less than twelve ('12) feet wide, shall be open for use by public traffic in each direction of travel. (Add the following section): 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with CALTRANS "Manual of Traffic Control", 1996 edition and provisions under "Maintaining Traffic" elsewhere in these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. (Add the following section): 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its . plan to the Engineer and has received the Engineers written approval of said plan. ~ \.17/29/02 Contract No. 3865 Page 58 of 90 Pages (Add the following section): 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in Chapter 5 of the "Traffic Manual", 1996 edition published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement. delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. (Add the following section): 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans are included in the project drawings, or if the Contractor elects to modify TCP included in the project drawings, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20 day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. The level of detail, format, and graphics shall be of quality and size no less than those on "Standard Specifications Reference Traffic Control Plan" Drawing number 368-5. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and of the "MANUAL OF TRAFFIC CONTROLS", 1996 Edition as published by the State of California Department of Transportation. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered profe'ssional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Si,qp Drawings and Submittals. ~ f.J 7/29/02 Contract No .. 3865 Page 59 of 90 Pages (Add the following section): 7-10.3.7 Payment. The Contractor shall prepare, submit for review, and implement approved traffic control plans and shall furnish all labor and materials to design, prepare, perform, install, maintain, replace, and remove all traffic control per the Eng_ineer-approved Traffic Control Plans. Payment shall be made per lump sum bid price and no other compensation will be allowed therefore. (Add the following section): 7-10.4.4 Safety and Protection of Workers and Public. For safety reasons, the Contractor shall schedule work such that no stairway, walkway, roadway, handrail, or guardrail is left partially completed or in a dangerous condition at the end of the workday. There shall be no stockpiling, nor storage of material on the City right-of-way, nor on the State Beach. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-13 LAWS TO BE OBSERVED. (Add the following): Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds; for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. SECTION 9 -MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement. (Modify as follows): The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. (Delete the eighth paragraph and substitute the following): Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion" 9-3.2 Partial and Final Payment. (Delete the second paragraph and substitute the following): Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, ~ ~, 7/29/02 Contract No. 3865 Page 60 of 90 Pages then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. (Add paragraph 6 et seq. as follows): After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. (Add the following): Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after.receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed far which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. ft '-1 7/29/02 Contract No. 3865 Page 61 of 90 Pages Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3·5, Disputed Work, for those claims remaining in dispute. (Add the following section}: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the will not be included in the progress estimate. (Add the following section): 9-3.4.1 Mobilization and Demobilization. The Contract lump·sum price paid for Mobilization and Demobilization includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Demobilization, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Demobilization. Progress payments for Mobilization and Demobilization wilt be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), fifty percent (50%) of the amount bid for Mobilization And Demobilization will be allowed. After all the Wark is completed, an additional fifty percent (50%) of the amount bid for Mobilization and Demobilization will be allowed therefore. PART 2-CONSTRUCTION MATERIALS SECTION 201 -CONCRETE, MORTAR AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE. 201-1.1.1 General. The same brand, type, and source of cement and aggregate shall be used for all Portland Cement Concrete 201-1.1.2 Concrete Specified by Class. Class 560·E·3250 with 4-inch maximum slump for stamped concrete. (Modify as follows): TABLE 201-1.1.2{A) C3l PORTLAND CEMENT CONCRETE Type of Construction Concrete Maximum Slump Class mm flnches) All Concrete Used Within the Right·Of·Way 330-C-23 \L) (560-C·3250) <1> Trench Backfill Slurry 115·E·3 200 (8") · (190-E-400) . Except a noted herein: (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201-1.1.2(A) SSPWC. (2) As per Table 201 • 1.1.2(A) SSPWC. (3) Portion of Table 201 • 1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. ft Q 7/29/02 · Contract No. 3865 Page 62 of 90 Pages 201-1.2 Materials. 201-1.2.4 Chemical Admixtures. 201-1.2.4(8) Integral Colored Concrete. (Add the following): Integral color shall consist of colored admixtures developed for use· in ready mixed concrete. The product shall be made of the highest quality pigments, as well as other ingredients designed to enhance the color and improve the pigment dispersion, workability and finishing performance of the concrete .. Integral color pigments shall meet or exceed ASTM C-979. The coloring method shall be designed for concrete flatwork applications (salt finished, broom finishes, rotary finishes), as well as vertical surfaces, and other types of architectural concrete. Pigmant shall be a permanent coloration, uniform throughout the concrete surface and interior, and shall be highy UV and fade resistant. Color shall match the paving in the raised medians between El Camino Real and Camino Vida Roble. Provide sample panel submittals of all colors to be used in the installation on identical surfaces for approval by Resident Engineer. Admixture produces and procedures for installation shall be in strict accordance with the manufacturer's specifications and recommendations, and those published by the American Concrete Institute (ACl) and the Portland Cement ~ssociation (PCA). · 201-1.2.4(e) Air-Entraining Admixtures. (Substitute the following): The air content shall not deviate from the percentage specified or permitted by more than 1-1 /2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. 201-1.2.4(f) Color hardener. Color hardener for stamped concrete shall be Lithochrome dry shake colored hardener by L.M. Scofield Company, Bomanite Corporation, Davis Colors, or equivalent. Color shall match L.M. Scofield. Prior to start of stamped concrete work, Contractor shall submit three color samples to the Engineer for approval, together with three copies of the manufacturer's printed instructions, bulletins and specifications. 201·1.6 Finish. Stamped pattern to match existing paving in the medians between El Camino Real and Camino Vida Roble. 201-1.7 Miscellaneous Concrete Finishing Products. 201-1.7.1 Water Base Penetrating Sealer for Integral Colored Concrete. (Scofield Colorcure Concrete Sealer or approved equal.) Water base penetrating sealer shall be a sealer designed for the protection of imprinted and natural concrete. Water base penetrating sealer shall be a sealer designed for the protection of imprinted, colored and natural concrete, and other masonry surfaces to preserve the natural appearance of the masonry without darkening or adding gloss to the surface. It shall preserve the natural slip resistance of the concrete, etc. Sealer shall repel spills and soils, minimizing staining and maintenance. ft .. , 7/29/02 Contract No. 3865 Page 63 of 90 Pages Seal shall leave no visible material on the surface and shall be absorbed. and locked into the pores of the masonry, repelling liquids and soils but leaving the top surface natural in appearance. Install per manufacturer's directions. Seal shall be compatible with the surface and materials which it is applied. Concrete sealer shall conform to the following specifications: Color: Clear, non-yellowing Odor: Mild Flash Point: None (C.O.C. method) Specific Gravity: 1.03 Density: 8.6 pounds per gallon Drying Time: 30 minutes to 60 minutes Cure Time: 24 to 48 hours VOC Content: None (O g/1) excluding water Polymer Type: Proprietary Reactive Resin System Coverages (approximate): Smooth Concrete: 300 to 400 square feet per gallon Rough Concrete: 200 to 300 square feet per gallon Note: Coverages vary depending on porosity and condition of surface and method of application. Method of Application: Airless sprayer Manufacturer: Scofield Chormix Admixtures for color-conditioned concrete, or approved equal L.M. Scofield Company 6533 Bandini Boulevard Los Angeles, CA 90040 1-800-800-9900 All materials shall be furnished, prepared, applied, cured, and stored according to the product manufacturer's direction. 201-2 STEEL REINFORCEMENT FOR CONCRETE. 201-2.2 Reinforcing Steel. (Add the following paragraph immediately after the first paragraph): All steel, except longitudinal steel, shall be Grade60 billet steel conforming to ASTM A-615. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS. 201-3.2 Premolded Joint Filler. The Contractor shall ¼" bituminous type expansion joint filler only. Premolded joint filler to be non-extruding and resilient filler (bituminous) ASTM D1751. 201-4 CONCRETE CURING COMPOUNDS. 201-4.1 Membrane Curing Compounds. 201-4.1.1 Contractor shall use Type II "Hunts" clear curing compound, unless otherwise specified by the Engineer. General for Median Island Improvements. Concrete curing compound shall be Type 1. Color Curing Compound. Color curing compound for stamped concrete shall be the same color and manufacturer as the color hardener. ~ '{.1 7 /29/02 Contract No. 3865 Page 64 of 90 Pages SECTION 203-BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. 203-6.1 General. (Add the following to the end of the subsection): Asphalt concrete shall conform to the provisions of Subsection 400-1, "Rock Products," and Subsection 400-4, "Asphalt Concrete." Asphalt concrete (AC) structural section over reinforced concrete pipe shall match existing AC structural section within project limits. 203-6.2 Materials. (Add the following): Asphalt concrete shall be Class C2-AR-4000 for surface course, and B-AR-4000 for base course and D2-AR-4000 for leveling course. 203-6.6.2 Batch Plant Method. (Modify as follows): Third paragraph, last sentence, delete « and from the Engineer's field laboratory». Last paragraph, add after D 2172: « Method A or B. » 203-6. 7 Asphalt Concrete Storage. (Add the following) : Asphalt concrete stored in excess of 2 hours, and any other concrete stored in excess of 18 hours, shall not be used in the work. SECTION 207 -PIPE 207-1 PRECAST ACCESS HOLES. Precast reinforced concrete access hole riser and tops shall be constructed of Type 564-8-3000 concrete and shall conform to the Specifications of ASTM C478, except as herein modified. The minimum allowable steel shall be hoops of No. 4 wire, to be cast into each unit at adequate places as a precautionary measure for handling. Access hole components shall be designed for H-20 highway loads and site soil conditions. The minimum nominal thickness for formed and vibrated sections shall be 1/8 of the internal diameter of the riser or largest cone diameter. Access holes shall be fabricated only from eccentric taper sections and standard cylinder units of the proper internal diameter. Access hole sections shall be cast without galvanized steel ladder rungs unless otherwise shown on the Plans. Precast concrete access holes shall be manufactured by Associated Concrete Products, Ameren, Southwest Concrete Products, Inland Concrete Products, or approved equal. 207-2 REINFORCED CONCRETE PIPE (RCP). 207-2.1 General. (Add the following): Reinforced Concrete Pipes (RCPs) shall conform to the Plans for this project, these special provisions, and Sections 207-2 of the Standard Specifications. D- load shall be as shown on the plans. All RCPs on a slopes of greater than or equal to 20% shall require water tight joints. Pipe Anchor and Backfill Stabilizer shall be installed as shown on Plans and per American Public Works Association (APWA) Standard Plan 221-1. Pipe installation and payment shall conform to Section 306-1 "Open Trench Operations" of the Standard Specifications. 207-2.4 Reinforcement 207-2.4.1 General. (Add the second paragraph): Where single circular reinforcement is used, it shall be placed in the center of the wall. 207-2.5 Joints. (Add the following): When water tight joints are indicated on the plans they shall be of the rubber-gasketed type meeting the requirements of ASTM Standard Specification designations C 361-95 and C 443-94. ft '-1 7/29/02 Contract No. 3865 Page 65 of 90 Pages 207-25 UNDERGROUND UTILITY MARKING TAPE. 207-25.1 Detectable Underground Utility Marking Tape. (Add the following}: Detectable Underground Utility Marking Tape shall be a minimum 0.13 mm (0.005") overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall conform to the properties listed in Table 207- 25.1 (A) and 207-25.1 (8). {Add the following section): 207-25.2 Materials Approvals. Detectable Underground Utility Marking Tape shall meet the requirements of each of the following agency/association publications. (a) Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety. USAS code for pressure piping 831.8, paragraph 192.321 {e). (b) National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines. Adopted June 7, 1974. Report NTSB-PSS-73-1. (c) American Petroleum Institute (API). Recommended practice for marking buried liquid petroleum· pipelines -APR RP 1109. (d) General Services Administration, Washington, DC, Public Buildings Service Guide Specification for Mechanical and Electrical Equipment -PBS 4-1501, Amendment 2, Page 501-14, Paragraph 18, Subparagraph 18.1, Clause 18.1.1. (e) Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards. TABLE 207-25.1(A) DETECTABLE UNDERGROUND UTILITY MARKING TAPE PROPERTIES Property Method Value Thickness ASTM D2103 0114 mm (0.0056") Tensile strenath ASTM D882 4500a/cm 125 lbs/inch) (5,500 PSI) Elonaation ASTM D882-88 <50 percent at break Printabilitv ASTM D2578 >50 dvnes/sauare centimeter Flexibilitv ASTM D671-81 Pliable hand Inks Manufacturina soecifications Heat-set Mvlex Messaqe repeat Manufacturino specifications Everv 500 mm(20") Foil Top laver Bottom laver Adhesives Bond strenath Colors Color Red Yellow Oranae Blue Green Brown Purple #Jt {.17/29/02 Manufacturino specifications Dead sotVannealed Manufacturina soecifications Virain PET Manufacturina soecifications Virain LOPE Manufactu rina soecifications >30 oercent, solid 1.5#/R Boili'na H,O at 100 dearees Celsius Five hours without oeel APWACode See Table 207-25.1 (B) TABLE 207-25.1(8) DETECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS Utilitv Marked Electric oower, distribution, transmission, and municioal electric svstems. Gas and oil distribution and transmission, danaerous materials, oroduct and steam. Telephone and telearaoh svstems, oolice and fire communications, and cable television. Water svstems. Sanitarv and storm sewer svstems, nonootable. Force mains. Reclaimed water lines. Contract No. 3865 Page 66 of 90 Pages 207-26 PVC PRESSURE PIPE. 207-26.1 General. All materials for installation of Carlsbad Municipal Water District potable water and recycled water mains shall conform in all respects to the Carlsbad Municipal Water District's Standards and Regulations as referenced in the following paragraphs: 207-26.2 Polyvinyl Chloride (PVC) Pressure Pipe -Potable Water. All Polyvinyl Chloride (PVC) pressure pipe for potable water shall conform in all respects to Part II, Materials, Section A of the Carlsbad Municipal Water District Rules and Regulations for Construction of Public Potable Water Mains, latest edition. · 207-26.3 Polyvinyl Chloride (PVC) Pressure Pipe -Recycled Water. Polyvinyl Chloride (PVC) pressure recycled water pipe shall conform in all respects to Part 11, Public Water System Supplemental Standard Specifications of the Carlsbad Municipal Water district Reclamation Rules and Regulations for Construction of Reclaimed Water Mains, latest edition. 207-26.4 Joints. PVC pressure pipe shall integral bell and spigot joints with elastomeric gaskets in accordance with AWWA C900 Section 2.2 (Pipe Requirements). The pipe shall conform with the outside diameter of cast-iron pipe unless otherwise specified and shall conform with the wall thickness of DR series 14, 18 or 25. · 207-26.5 Testing of PVC Pressure Pipe. The testing of all PVC pipe and its material shall be in accordance with District Standards and AWWA C900. SECTION 208 -PIPE JOINT TYPES AND MATERIALS 208-7 BENDS, TEES, ADAPTERS, SADDLES, REDUCERS AND FLANGE GASKETS FOR PRESSURE PIPE. All bends, tees, adapters, saddles, reducers and flange gaskets for potable water mains shall conform in all respects to Parts 11, Materials, Section Band Section E, Fillings, of the Carlsbad Municipal Water' District Rules and Regulations for Construction of Public Potable Water Mains, latest edition. All bends, tees, adapters, saddles, and flange gaskets for Carlsbad Municipal Water District recycled water mains shall conform in all respects to Part II, Materials, Section Band Section E, Public Water System Supplemental Standard Specifications of the Carlsbad Municipal Water District Reclamation Rules and Regulations for Construction of Reclaimed Water Mains, latest edition. 208-7.1 Flexible Couplings. Joints, for which flexible couplings are required, shall be made with Baker, Smith-Blair, or approved equal, flexible couplings. Gaskets shall be plain rubber gaskets. Threads on bolts or compression collars shall be stainless steel, Type 316 and shall be lubricated with suitable thread lubricant before assembling the coupling. For cast-iron, ductile-iron or asbestos cement pipe sizes 2-inches through 16-inches, use Baker Series 228, smith-Blair Series 413, or approved equal. Transition couplings shall be Bakers Series 212, Smith-Blair Series 413, or approved equal. Flanged coupling adapters for cast-iron or ductile-iron pipe sizes 3-inches through 12-inches shall be Baker Series 601, Smith-Blair Series 912, or approved equal. #It Q 7/29/02 Contract No. 3865 Page 67 of 90 Pages SECTION 210 -PAINT AND PROTECTIVE COATINGS (Add the following paragraph): All traffic striping and markings removed or affected by, but not limited to, the construction of the RCP, trenching, pavement resurfacing and/or pavement replacement shall be replaced and reapplied per CAL TRANS standards. Pavement striping and/or painting shall conform to Section 84 of the CAL TRANS Standard Specifications, dated July 1999, CAL TRANS Standard Plans A20A to A20D, and these Special Provisions. Traffic Stripes and pavement markings shall not be applied over existing stripes that are to be removed. Existing stripes shall be first removed by sandblasting before any new application. 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. (Modify as follows): Paint for traffic lane lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CAL TRANS Specification No. PTWB-01. Pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CAL TRANS Specification No. 8010-19A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CAL TRANS Specification No. 8010-004 (Type II). CAL TRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CAL TRANS Transportation Laboratory, P .0. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. Contractor's attention is directed to CAL TRANS Section 84-3.05, "Applications• for water-based paint. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. The Contractor must contact and coordinate the new striping with the City of Carlsbad Traffic Department. The City of Carlsbad shall approve the layout prior to installation by the Contractor. Payment for painting traffic striping and markings shall be included under the item ''Traffic Striping and Pavement Marking" in the Bid Schedule, which shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, layout and for doing all work involved in placing the striping and markings as called for in these Special Provisions and as approved by the City of Carlsbad Traffic Department, and no additional compensation will be allowed therefore. SECTION 212-LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS. 212-1.2.5 Mulch for Hydraulic Method Seed Lawn Planting. (Add the following): The terms Hydroseeding and Hydroseed shall be synonymous with Hydraulic for the purposes of Section 212. Planting areas shall be mulched, fertilized and seeded using method B. Mulch shall be manufactured from virgin wood cellulose fiber mulch and shall not contain growth or germination inhibitors. When mixed with water, the mulch shall remain in uniform suspension and when blended with the seed, fertilizer, and other approved additives, shall form a homogeneous slurry. When applied, the fibers shall form a moisture absorbing membrane with adequate percolation properties sufficient to allow one hundred percent of water applied at the rate of 3.1 liters per minute per square meter (0.075 gallons per minute per square foot) onto a surface inclined at a 2:1 (horizontal: vertical) slope to pass through the membrane. A non-phyto-toxic wetting agent shall be added to the slurry mixture. A water soluble, non-toxic green dye shall be added in sufficient quantity to clearly delineate the planted areas. When required, binder shall be added to the slurry mixture and shall be "CPA 4000", "AZT AC", "Ecology Control", "M-Binder'', or approved equal. ~ '-17/29/02 Contract No. 3865 Page 68 of 90 Pages 212-1.3 Seed. (Add following): The quantity of pure live seed supplied shall meet or exceed the quantity shown in the specified mixes. Seed shall not contain more than 0.5 percent weed seed by volume Seed types shall be as specified on the plans and planting legends, and shall be applied at the rates indicated. All brand-name, patented seed must be received by Contractor in original manufacturer's bag. Seed shall be received by Contractor in separate containers specifying kind, quantity, purity, and germination. Contractor shall provide the Engineer with each seed bag label used in the Work. 212.1.3.1 Hydromulching and Hydroseeding: All materials shall be standard, approved, first- grade quality, and in prime condition when installed. Any commercially processed or packaged material shall be undisturbed and delivered to the site in their original containers, unopened, bearing the manufacturer's guaranteed analysis. Contractor shall submit hydroseed and hydromulch mix specifications for hydroseeded areas, including seed species, rate of application, any special treatments for seeds, all components of the hydroseed mix for approval by the Engineer thirty days after award of job and prior to start of work. Hydroseeding mix for Disturbed Areas shall consist of no less than the seed varieties shown in Table 212-1.3(A). TABLE 212-1.3.1(A) SEED FOR DISTURBED AREAS Seed Variety Application Rate grams per sq. meter (pounds per acre) Rose Clover 2.5 20 (l) Festuca Meaalura, Zorro Fescue 2.5 20 Eschscholzia Callfomica 0.35 3 Achillea Millefolia 0.45 4 Alyssum (Carpet Of Snow} 0.35 3 Dimorpholeca 0.25 2 (1) Rose Clover shall be inoculated with a nitrogen fixing bacteria and be applied dry either by drilling or broadcasting immediately before hydraulic application of the remaining seed mix and mulch. 212-1.6 Jute Mesh. (Erosion Control Netting). Slopes graded steeper than 4:1 and slopes in excess of five vertical feet shall have erosion control netting installed to insure proper erosion control. Erosion control netting shall be as manufactured by Geojute or equal. Install per manufacturers recommendations. Submit sample and installation details for approval prior to installation. Install erosion control netting after hydroseed is applied but before container plants are installed. SECTION 214-PAVEMENT MARKERS (Add the following paragraph): Pavement Markers shall conform to Section 85 of the CAL TRANS Standard Specifications, dated July 1999, CAL TRANS Standard Plan A20A to A20D, and these Special Provisions. Any reflective pavement markers damaged or removed due to construction shall be replaced and installed by contractor in accordance with CAL TRANS specifications, warning, and guide signs. ~ '-17/29/02 Contract No. 3865 Page 69 of 90 Pages (Add the following section): 214-5.2 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface- mounted type and shall be furnished, placed, and maintained at the locations per CAL TRANS Standard Plans. Reflective channelizer posts shall be orange _in color. Reflective channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in size. The reflective sheeting shall be visible at 300 m at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. Reflective channelizer shall be one of the types shown in Table 214-5.2(A), or equal thereto. Type Safe-Hit SH236MA Carsonite "Super Duck" SDF-436 Repo "The Replaceable Post" TABLE 214-5.2(A) REFLECTIVE CHANNELIZER Manufacturer of Distributor Safe-Hit Corporation 1930 West Winton Avenue, Building #11 Hayward, CA 94545 Telephone (415) 783-6550 Carsonite International Corporation 2900 Lockheed Way Carson City, NV 89701 Telephone (702) 883-5104 Western Highway Products P.O. Box 7 Stanton, CA 90680 Telephone (800) 422-4420 The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 2-5.3.3 "Submittals". Said certificate shall certify that the permanent reflective channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the engineer and were manufactured in accordance with the approved quality control program. Payment for pavement markers will be included per lump sum as shown under the item "Traffic Striping and Pavement Marking" in the Bid Schedule, which shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, layout and for doing all work involved in placing the markings and markers as called for in these Special Provisions and as approved by the City of Carlsbad Traffic Department, and no additional compensation will be allowed therefore. ~ {.17/29/02 Contract No. 3865 Page 70 of 90 Pages PART 3 -CONSTRUCTION METHODS All construction methods shall be in conformance with the Standard Specifications, Part 3 - Construction Methods, except as otherwise noted or as modifieq herein by these Special Provisions or by the Proposal's bid item definitions. · SECTION 300 • EARTHWORK 300-1 CLEARING AND GRUBBING. (Add the following): 300-1.1 General. Clearing and grubbing shall consist of clearing natural ground surfaces of all trees, shrubs, vegetation and objectionable materials within the limits of construction in accordance with the provisions of Section 300-1, "Clearing and Grubbing," of the Standard Specifications and in accordance with the plans with these Special Provisions and as directed by the Engineer. Clearing and grubbing shall also include the removal, relocation, adjusting, or salvaging of all facilities so indicated on the plans which are not designated as separated bid items or which are not included in other bid items. In addition to the above items, clearing and grubbing shall include, but not limited to the following items as shown on the plans or specified in these Special Provisions: (1) Removal and disposal of all miscellaneous concrete, pavement, pipes, hardware, timber, rubble or any other objectionable material encountered beneath the ground surface as a result of grading or trenching operations connected with the construction of the project improvements. (2) Removal, relocation, abandoning, adjusting, or salvaging of all existing facilities so indicated on the plans which are not designated as separate bid items or which are not included in other bid items. (3) Sawcutting of concrete and asphalt concrete at joints and construction limits and the removal and disposal of asphalt concrete, base and concrete. (4) Removal and disposal of pipe, ditches, protection posts, guardrail, inlets, trees, and any additional items not specifically mentioned which may be found within the work limits. (5) Minor grading for swales and drainage control. (6) Furnishing and applying water. (7) Maintain dust control at all times by watering; including developing a water supply and furnishing and placing all water required for work done in the contract, including water used for extra work. (8) Maintenance of project appearance. (9) Control of water and dewatering during construction. (10) Clean up of project upon completion of work. (11) Replacement of plant materials and irrigation system damaged during construction. ~ Q 7/29/02 Contract No. 3865 Page 71 of 90 Pages (12) Protection of utilities, irrigation systems, sprinkler, hose bib, etc. trees, fences, walls and other facilities within the construction zone, except those specifically shown on plans or directed by the Engineer to be removed or relocated. The Contractor shall protect all existing structures or facilities which are adjacent to, or fall within, the limits of the work to be done under this contract in accordance with 300-1 of the Standard Specifications. This item shall also include those structures and facilities which the plans show or these Specifications indicate to be protected. Any structure or facility to be protected which is damaged as a result of the Contractor, shall be repaired or replaced at his cost, to the satisfaction of the Engineer. · The Contractor shall remove and transport debris and rubbish in a manner that will prevent spillage on streets or adjacent areas. Clean up of spillage will be at the Contractor's expense. All material removed from the site shall be disposed of at the Contractor's expense at a site approved by the Engineer. Burning shall not be permitted under circumstances. No accumulation of flammable material shall remain on or adjacent to the right-of-way. The roadway and adjacent areas shall be left with a neat and finished appearance. (Add the following):· 300-1.4 Payment. Unless otherwise specified, compensation for clearing and grubbing shall be paid for at the lump sum contract price and no additional compensation will be allowed. Payment shall include full compensation for furnishing all labor, materials, tools, equipment and doing all work involved in clearing and grubbing as specified in these Specifications and Special Provisions, as directed by the Engineer, including the removal and disposal of all resulting materials. 300-2 UNCLASSIFIED EXCAVATION. (Add the following): 300-2.1 General. Unclassified excavation for construction of storm drainage system and related items shall be in accordance with the provisions of Section 300-2 of the Standard Specifications and· these Special Provisions. Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation work, trenching and backfilling of storm drains, water and other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, and salvaging clean excavated material and filling areas to the required grades and cross section. Suitable material removed as a result of this operation shall remain on the site and be utilized by the Contractor for the construction of fills and embankments. Fills and embankments shall conform to the provisions of Section 300-4 of the Standard Specifications and these Special Provisions. Compaction of soil or soil-rock fill shall be accomplished by sheepsfoot or segmented-steel wheeled rollers, vibratory rollers, multiple-wheel pneumatic tired rollers, or other types of acceptable compaction equipment. Equipment shall be of such a design that it will be capable of compacting the soil or soil-rock fill to the specified relative compaction at the specified moisture content. Prior to placing fill, the exposed ground surface should be scarified, moisture conditioned as necessary, and compacted. Fill soil may then be ptaced and compacted in layers to the design finish grade elevations. The layers should be no thicker than will allow for adequate bonding and compaction. All fill (including scarified ground surfaces and backfill) should be compacted to at least 95 percent of maximum dry density at optimum moisture content or up to a maximum of 3 percent over optimum, as determined by ASTM Test Procedure D1557-91. As fill operations proceed, benching into the existing slope should be performed to abut compacted fill against competent material. ~ '-1 7/29/02 · Contract No. 3865 Page 72 of 90 Pages In general, the onsite soils are suitable for reuse as fill if free form vegetation, debris, and other deleterious matter.. Surficial soil deposits were generally very moist and may require drying and/or mixing with drier soils prior to reuse as fill. Soil fill, as defined in these specifications, shall be placed by the Contractor in accordance with the following recommendations: In general, the soil fill shall be compacted at a moisture content at or above the optimum. moisture content as determined by ASTM D1557-91. When the moisture content of soil fill is below that specified by the Engineer, water shall be added by the Contractor until the moisture content is in the range specified. When the moisture content of the soil fill is above the range specified by the Engineer or too wet to achieve proper compaction, the soil fill shall be aerated by the Contractor by blading/mixing, or other satisfactory methods until the moisture content is within the range specified. After each layer has been placed, mixed, and spread evenly, it shall be thoroughly ·compacted by the Contractor to a relative compaction of at least 95 percent. Relative compaction is defined as the ration { expressed in percent) of the in-place dry density of the compacted fill to the maximum laboratory dry density as determined in accordance with ASTM D1557-91. Compaction shall be continuous over the entire area, and compaction equipment shall make sufficient passes so that the specified minimum density has been achieved throughout the entire fill. Soils having an Expansion Index of greater than 50 may not be used in fills if placed at least 3 feet below finish pad grade and should be compacted at a moisture content generally 20 to 4 percent greater than the optimum moisture content for the material. All grading and unclassified excavation shall be done under the observation of the Resident Engineer. Cut and fill slopes shall be trimmed to the finish grade to produce a smooth and uniform surface of cross section. The slopes of excavation or embankments shall be shaped and trimmed as directed by the Resident Engineer and as approved by the City Engineer. Finish slopes shall be left in a neat and orderly condition. All stones, roots, or other waste material shall be properly disposed off site. (Add the following): 300-2.6 Surplus Material. The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in Section 565 of the California Vehicle code, will be allowed for hauling material on public streets. (Substitute the following): 300-2.9 Payment. Quantities of Unclassified Excavation used for payment, other than additional work ordered by or deleted by the Engineer, shall be the quantity indicated in the Proposal for this project and no increase or decrease in this amount will be allowed whether or not the actual amount required to complete the project was less or greater than the amount indicated in said proposal. No additional compensation will be allowed for hauling excess materials to a disposal site. ft '-4' 7/29/02 Contract No. 3865 Page 73 of 90 Pages (Add the following section}: 300-4 UNCLASSIFIED FILL. (Add the following): 300-4.2 Preparation of Fill Areas. Except as provided in Section 300-4. 7, Compaction, areas proposed for improvements all fill (including backfill and scarified ground surfaces) shall be compacted to no less than 90 percent of maximum dry density as determined in accordance with ASTM Test Procedure D1557-91 . (Add the following): 300-4.5 Placing of Fill Material. Areas to receive fill should be scarified, moisture conditioned as necessary, and compacted. Fill soils may then be placed and compacted to the design finish grade elevations. All fill should be compacted to at least 90 percent of laboratory maximum dry density in accordance with ASTM Test Procedure D1557-91, at or lightly above optimum moisture content. The upper 12 inches of subgrade materials within the proposed paved areas should be compacted to at least 95 percent relE!tive compaction. Soil fill shall be placed by the Contractor in accordance with the following recommendations: (a) Soil fill shall be placed by the Contractor inlayers that, when compacted, should generally not exceed 8 inches. Each layer shall be spread evenly and shall be thoroughly mixed during spreading to obtain uniformity of material and moisture in each layer. The entire fill shall be constructed as a unit in nearly level lifts. (b) In general, the soil fill shall be compacted at a moisture content at or above the optimum moisture content as determined by ASTM D1557-91. (c} When the moisture content of soil fill is below that specified by the Engineer, water shall be added by the Contractor until the moisture content is in the range specified. (d) When the moisture content of the soil fill is above the range specified by the Engineer or too wet to achieve proper compaction, the soil fill shall be aerated by the Contractor by blading/mixing, or other satisfactory methods until the mixture content is within the range specified. · (e) After each layer has been placed, mixed, and spread evenly, it shall be thoroughly compacted by the Contractor to a relative compaction of at least 90 percent. Relative compaction is defined as the ration (expressed in percent} of the in-place dry density of the compacted fill to the maximum laboratory dry density as determined in accordance with ASTM D1557-91. Compaction shall be continuous over the entire area, and compaction equipment shall make sufficient passes so that the specified minimum relative compaction has been achieved throughout the entire fill. (f} Soils having an Expansion Index of greater than 50 may be used in fills if placed at least 3 feet below finished pad grade and should be compacted at a moisture content generally 2 to 4 percent greater than the optimum moisture content for the material. 300-4.6 Application of Water. (Add the following): The Contractor shall place all fill soil at a moisture content no less than one (1) percent below optimum moisture as determined by ASTM test D-1557-91. . 300-4.7 Compaction. (Add the following): The Contractor shall compact all fill soils placed within the top 1 m (3') of roadway subgrade to a minimum of 95 percent relative compaction. On all areas to receive planting, the top 150 mm (6") shall be compacted to 85%, +2'% -5%, to allow for plant growth. 300-4.8 Slopes. (Add the following): Feathering of fill over the tops of slopes will not be permitted. The Contractor shall compact the faces of fill slopes with a sheep's foot roller at vertical intervals no greater than 600 mm (2') or shall be built and cut back to finish grade. In addition, if not over built and cut back, the face of the slope shall be track walked upon completion . ... '-1 7/29/02 Contract No. 3865 Page 7 4 of 90 Pages 300-4.9 Measurement and Payment. (Delete and substitute the following): Unclassified fill, grading, shaping, compacting or consolidating, slope rounding, construction of transitions and all work included in and incidental to Section 300-4, · "Unclassified Fill" will be paid for as a part of unclassified excavation and grading, and no additional payment will be made therefore. (Add the following section): 300-12 Existing Utilities. All existing utilities shall be carefully uncovered if located within the lines of excavation and time shall be allowed for the City Engineer to field check the location of such utilities to make certain that they will not int~rfere with the proposed improvements. In the event the utility conflicts with the proposed improvements, the. City will either arrange for the utility owner to relocate the utility as necessary to clear the proposed improvements, or adjustments in the grade of the proposed improvements or appurtenances may be made by the City Engineer. Facilities either permanently or temporarily relocated or supported by the owner shall be protected in place by the Contractor. The Contractor will not be assessed liquidated damages for delay in completion of the project when such delay is caused by failure of the City or the owner of the utility to provide for removal or relocation of existing .utility facilities. Notwithstanding any of the . provisions in the Standard Specifications relative to payment to the Contractor for actual loss due to utility delay, the Contractor will be entitled to an extension of time as provided by the Engineer, but will not be entitled to any other compensation for such delay. · Owners of the various utilities on and near the job site are as follows: UTILITY Gas Lines Electric Power Lines Telephone Facilities Water Sewer Cable TV Various OWNER San Diego Gas & Electric Company San Diego Gas & Electric Company Pacific Bell Company City of Carlsbad City of Carlsbad Cox Cable Underground Service Alert The cost of any shoring, bracing, and excavation necessary for the protection of existing utilities shall be included in the various bid prices for the appropr.iate items of work, and no additional payment shall be allowed therefor. SECTION 301 • TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. (Modify the second and third paragraphs as follows): 301-1.2 Preparation of Subgrade. Change each instance reading 150mm (6 inches) to 300mm (12 inches). 301-1.3 Relative Compaction. The upper 300 mm (12 inches) of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb and gutter, alley pavement, driveway or sidewalk constructed over them, shall be compacted to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. ft t.J 7/29/02 Contract No. 38.65 Page 75 of 90 Pages 301-1.6 Adjustment of Manhole Frame and Cover Sets to Grade. (Add the following modifications): (The first sentence shall be deleted and the following provisions shall be substituted therefore): Manhole Frame and Cover Sets shall be defined as utility manhole, vault frames and covers, conduit hand holes, water valve and meter boxes, sewer cleanouts and other miscellaneous access units to underground facilities. These will all be set to finished grade by the Contractor. (Modify the first paragraph as follows): 301-1.7 Payment. Payment for subgrade preparation shall be included in the contract bid price for which the various items the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. (Add the following modifications): Paragraphs three, four, and five shall be deleted. Payment for adjusting utility structures to finish grade shall be included in the various contract items of work involved and no additional compensation will be allowed therefore. 301-2 UNTREATED BASE. 301-2.1 General. (Add the following sentence): Untreated base shall be Crushed Aggregate Base. SECTION 302 -ROADWAY SURFACING 302.5 ASPHALT CONCRETE PAVEMENT. 302-5.1 General. (Add the following): Asphalt concrete shall conform to the requirements of Section 203-6 of the Standard Specifications and as modified herein. 302-5.4 Tack Coal (Add the following): Tack coat will be required between the successive interiaces of existing pavement and new pavement, when in the opinion of the Engineer, the Contractor has failed to maintain or prepare each existing or previously laid course of asphalt receiving the subsequent course of asphalt in a sufficiently clean state and the asphalt receiving the new pavement course is dirty enough to impair bonding between the next lift of asphalt. 302-5.9 Measurement and Payment. Payment for installing asphalt concrete for the roadway shall be included in trench resurfacing and various contract items of work involved and no additional compensation will be allowed therefore. Payment shall include full compensation for furnishing all labor, materials (including tack coat), tools and equipment, and doing all work involved in providing this item complete in place. ~ ~ 7/29/02 Contract No. 3865 Page 76 of 90 Pages SECTION 303 -CONCRETE AND MASONRY CONSTRUCTION 303-1 CONCRETE STRUCTURES. 303-1.1 General (Add the following paragraphs): Concrete structures including curb inlets, cleanouts, pipe anchors with' backfill stabilizers, pipe collars, and reinforced concrete pipes shall conform to the provisions of the Standard Specifications as modified by San Diego Regional Standard Drawings and herein. Use Type II Cement. Reinforcing steel shall be Grade 60 billet steel conforming to ASTM A615. The Contractor shall furnish all labor, tool, and materials to construct reinforced Portland Cement Concrete structures and appurtenant work to grades and dimensions shown on the Plans or staked in the field. The Contractor shall submit method for placement of P.C.C. for the Engineer's approval, at least 1 0 working days prior to commencement of work. 303-1.3 Forms. (Add the following paragraphs): Forms shall be braced to withstand the pressures developed and shall be tight to prevent the loss of mortar. Formed wall surface shall be free of any unevenness greater than ¼ inch when checked with a 10-foot straight edge: Concrete in walls with side slopes flatter than ¾:1 shall be placed on suitable material which has been overfilled, compacted and trimmed to true grade. Backforms shall be used where the slide slope is ¾: 1 or steeper. A clear non-staining form release agent, which will not discolor nor affect the surface texture of the concrete and does not react with any ingredients of the concrete shall be used. The cost of furnishing and placing form release agent shall be included in the cost of portland cement concrete. 303-1.8 Placing Concrete. 303-1.8.1 General. (Add the following): The Contractor shall exercise caution in placement of· concrete walls and conjested areas to ensure proper consolidation and that there are no void, and protection of waterstops in position. Adequate provisions shall be made for each visual inspection of concrete placement, consolidation and waterstop protection. Pouring of walls in lifts, use of smaller maximum aggregate sizes, or other methods as necessary may be proposed by the Contractor and will be permitted only after evaluation by the Engineer. 303-1.10 Curing. (Amend first paragraph with the following): Exposed concrete surface shall be sprayed with Type 2 curing compound at a uniform rate of one gallon per 150 square feet. 303-1.11 Payment. Payment for concrete structures such as curb inlets, cleanouts, pipe collar, and pipe anchors with backfill stabiliizers shall be paid per each, and reinforced concrete pipe shall be per linear foot, and shall include all labor, equipment, materials and incidentals (inclusive of bar reinforcing steel) needed to construct the concrete structures in place to the grades and dimensions shown on the Plans. The contract price shall include full compensation for forms, and details, finishing and curing, and no additional payment shall be allowed therefor. Should the Contractor request and obtain permission ot use admixture for his own benefit, he shall furnish such admixtures and incorporate them in the concrete mixture at his expense and no additional compensation will be allowed therefor. ft ~ 7/29/02 Contract No. 3865 Page 77 of 90 Pages 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTER-SECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements. (Add the following paragraph): 303-5.1.1 General. Concrete sidewalk, median curb and gutter, and curb and gutter shall conform to the Standard Specifications as modified by San Diego Regional Standard Drawings and herein. Use Type II Cement. {Add the following): The work covers 6" Type "G-2" Curb & Gutter, 611 Type "B-2· Median Curb & Gutter, and sidewalks of the San Diego Regional Standard Drawings except as modified herein. First paragraph, second sentence shall be deleted in the event curb is placed by extrusion machine and concrete mix is approved by the City Engineer. (Add the following): 303-5.5.4 Gutter. Prior to acceptance of the curb and gutter constructed by the Contrac;:tor, a flow test shall be conducted by the Contractor in the presence of the Engineer. Any new work found to be defective shall be repaired or replaced by the Contractor in accordance with Subsection 303-5.7 of the Standard Specifications. 303-5.6 Curing. Immediately after finishing operations are completed, Type 2 concrete curing compound shall be applied at a rate of one gallon per 150 square feet. (Add the following paragraphs): 303-5.9 Measurement and Payment. Payment for concrete sidewalk, median curb and gutter, curb and gutter (including reinforcing when specified) shall be at the contract unit price per linear foot. The thickness of the concrete shall be as designated on the Standard Drawing. Payment shall include full compensation for furnishing all labor, materials, tools and equipment, and doing all work involved in providing this item complete in place. No additional payment shall be made therefore. 303-6 Stamped Concrete. 303-6.1 General. Stamped concrete pattern shall be as shown on the plans. Stamped concrete shall be placed, formed, and cured in conformance with the printed instructions, specifications, and technical bulletins issued by the manufacturer of the color hardener and color wax curing system. The applicator shall be an experienced specialty subcontractor whose specialty is limited to special effects in concrete. The specialty contractor shall provide a supervisor or foreman of proven ability (at least three examples of high-quality installation) acceptable to the Engineer. Specialty subcontractor must be shown on the bid form. 303-6.3.1 Method A (Dry Shake). (Add the following): Color shall match existing color in medians on Palomar Airport Road Between El Camino Real and Yarrow Drive as approved by the Engineer. ft:: "'-1 7/29/02 Contract No. 3865 Page 78 of 90 Pages Contractor shall lay an initial 2 foot by 2 foot test box and wait seven calendar days to verify that color placed on test box matches the existing stamped concrete in the median on Palomar Airport Road within the project limits. When of the test box is approved by the Engineer, the contract shall apply the same paint mixture to stamped concrete. If the colored concrete is not approved by the Engineer, the Contractor shall remix and reapply appropriate color at the Contractor's expense. 303-6.4 Pattern. (Add the following): Pattern shall match existing medians on Palomar Airport Road Between Et Camino Real and Yarrow Drive as approved by the Engineer. (Add the following section): 303-6.6 Payment. Payment for stamped concrete will be at the contract unit bid amount per square foot in place, and shall include all costs for compacted base material, and shall include full compensation for furnishing all labor, materials, including sand bed, tools, equipment, and installing complete and in place, and no further compensation will be allowed. SECTION 306 -UNDERGROUND CONDUIT CONSTRUCTION ·· The work covers installation and backfill of Reinforced Concrete Pipe, San Diego Gas & Electric Underground Electrical conduit, PacBell conduit, Cable TV, irrigation piping and· other appurtenant except as modified herein. 306-1 OPEN TRENCH OPERATIONS. 306-1.1 Trench Excavation. 306-1.1.1 General. (Add the following paragraphs): At least two working days (48 hours) prior to any potholing or excavating, the Contractor shall contact Underground Service Alert of Southern California at 1-800-422-4133 for a Dig Alert I.D. Number. Section 4216/4217 of the Government Code requires a Dig Alert Number be issued before a "Permit to Excavate" will be valid. All existing utilities locations shown on Plans are approximate, and must be verified by the Contractor. The Contractor shall pothole all underground utilities which are shown on the Plans, or marked in the · field by utility owners as being within 5 feet horizontal distance from the edge of any project planned sewer, water main, storm drain, electrical/gas underground conduit alignment, telephone underground conduit alignment, or cablevision conduit alignment and which are above the project planned facility or within 2 feet below the bottom of project planned facility. The potholes shall be at all crossings of each utility and at one hundred (100) foot intervals along each utility. This potholing shall be done ahead of trench excavation and pipe laying such that the information on horizontal location and depth shall be given to the City Engineer at least 3 days ahead of construction but not greater than 21 days ahead of construction in that area. The Contractor shall refill these potholes immediately after establishing those locations. The refilling shall conform to the trench relative compaction requirements. In the event obstructions not shown on the plans are encountered during the progress of the Work which will require alterations to the Plans, or if potholing indicates utilities are located other than as shown on the Plans, the City Engineer shall have the authority to change the Plans and order the necessary deviation from the project planned line and grade. The Contractor shall not make any deviation from the specified line and grade without approval by the City Engineer. #111! '-1 7/29/02 Contract No. 3865 Page 79 of 90 Pages Should any deviations in the line and grade be permitted by the City Engineer at the request of the Contractor, any additional cost for concrete or other additional costs shall be borne by the Contractor. Full compensation for potholing and refilling shall be considere_d as included in the price bid for other items of work and no additional compensation will be allowed therefore. (Add the following section): 306-1.1.3 Maximum and Minimum Width of Trench. (Add the following): Fourth, and fifth paragraphs shall be deleted and the following revisions shall be substituted therefore. Fourth Paragraph: There shall be no additional payments or deductions for variations in the trench excavation width. Fifth Paragraph: There shall be no direct payment for trench temporary and/or permanent pavement resurfacing. 306-1.1.5 Removal and Replacement of Surface Improvements. (Add the following): All references in Section 302 and Subsection 303-5 to compensation and the following provisions shall be substituted therefore. Full compensation for Removal and Replacement of Surface Improvements required to perform Underground Conduit Construction shall be considered as included in the price bid for other items of work and no additional compensation will be allowed therefore. 306-1.2.1 Bedding. (Add the following) The third paragraph, second sentence, shall be deleted and the following sentences shall be substituted therefore: The pipe (conduit) shall be placed on at least 4 inches of bedding below the pipe. Full compensation for this bedding material and work shall be considered as included in the price bid for other items of work and no additional compensation will be allowed therefore. 306-1.3.4 Compaction Requirements. (Add the following): All references to Relative Compaction shall be deleted and the following provision shall be substituted therefore. All trench backfill shall be compacted to 95% minimum relative compaction. (Add the following section): 306-1.5.8 Trench Resurfacing. Trench resurfacing in existing pavement shall conform to Section 306-1.5 of the Standard Specifications and SDRSD G-24, Type A. Trench resurfacing shall be paid for at the contract unit price per square foot in accordance wfth the Plans and these Specifications. Payment shall include full compensation for furnishing all labor, materials, tools, equipment and doing all work involved in trench resurfacing as specified in these Specifications and Special Provisions, as directed by the Engineer, including the removal and disposal of all resulting materials, and no additional compensation will be allowed therefore. ~ ~ 7/29/02 Contract No. 3865 Page 80 of 90 Pages 306-9 STORM DRAIN. Storm Drain piping and structures shall be installed as required by the following contract documents listed below in their governing order: a) Plans b) Standard Drawings and Standard Specifications section 207-2. All storm drain piping shall be reinforced concrete minimum D-Load of 1350. (Add the following section): 306-10 PAYMENT. Payment for underground conduit construction shall also include removal and disposal of excavated material not suitable for use as trench backfill. SECTION 308 -LANDSCAPE AND IRRIGATION INSTALLATION 308-1 GENERAL. All lawn and landscape areas disturbed by the Contractor as part of or as a result of the work shall be prepared and reseeded and/or replanted in kind, except as otherwise designated in the plans. Refer to Section 7-9 of these Special Provisions regarding protection of existing trees and shrubs. 308-4 PLANTING. 308-4.9.6 Hydroseeding. 308-4.9.6.1 Slope Scarification. Cut Slopes. All cut slopes, existing or proposed, shall be scarified or horizontally ripped by others to a depth of 6" across the slope and spaced not more than 24" apart on the slope. Fill Slopes. The hydroseeding Contractor shall take care to ensure all slope areas are covered completely with the fiber mulch. All fill slopes shall then be sheetsfoot rolled with minimum depressions of 2" x 4". 308-4.9.6.2 Pre-Application Watering. Water all planting areas for three (3) consecutive days to wet upper layers of soil to a minimum depth of 6" prior to hydroseeding operation. Allow planting area's soil sur1ace to dry out prior to the hydroseeding application. Care must be taken to not allow the soil surface to be saturated with water prior to hydroseeding installation. At the same time the soil surface should not be bone dry. There should be some residual moisture within the first 1/4" of the soil sur1ace. The soil shall not be crusted prior to the application of hydroseed mixes. 308-4.9.6.3 Preparation of Hydroseeding Mixture. The slurry shall be prepared at the site and its components shall be mixed to supply the rates of application as per specifications. Slurry preparation shall begin by adding water to the tank when the engine is at one-half throttle. When the water level has reached the height of the agitator shaft and good recirculation has been established, the fertilizers shall be added to the mixture. The engine throttle shall be open to full speed when the tank is 1/2 filled with water. All organic amendments, fiber, and chemicals shall then be added by the time the tank is 3/4 full. At this time the seed mix shall also be added and not before this time. ft f.11,29102 Contract No. 3865 Page 81 of 90 Pages ., . "'· Spraying shall commence immediately when the tank is full and the slurry mixed. 308-4.9.6.5 Hydroseeding Equipment. The above specified components shall be mixed together in the hydroseeding machine to allow for a homogeneous slurry which is thoroughly mixed and can be applied easily without clogging. The equipment shall have a built-in agitation system and operating capacity sufficient to agitate, suspend and homogeneously mix a slurry containing not less than 44 pounds of organic mulching amendment plus fertilizer, chemical additives and solids for each 100 gallons of water. The hydromulching equipment shall meet the minimum requirements of a slurry distribution line large enough to prevent stoppage and shall be equipped with a set of hydraulic spray nozzles which will provide a continuous non-fluctuating discharge of at least 25 psi at the end of the spray nozzle. Equipment used in the hydroseeding process shall be thoroughly cleaned of all seed and other materials used in any previous hydroseeding process, including other hydroseeding applications on this project, prior to any hydroseeding on this project. 308-4.9.6.6 Time Limit. The hydromulching slurry components shall not be left in the hydromulch machine for more than two hours due to seed destruction. If slurry components are left for more than two hours in the machine, the Contractor shall add 50% more of the originally specified seed mix to any slurry mix which has not been applied within two hours after mixing. The Contractor shall add 75% more of the original seed mix to any slurry mixture which has not been applied eight hours after -mixing or it shall be rejected and disposed of off-site at Contractor's expense. 308-4.8.6.7 Protection. Special care shall be exercised by the Contractor to prevent any of the slurry from being sprayed onto any hardscape areas or constructed surfaces including concrete walks, fences, walls, buildings, etc. Any slurry sprayed onto these areas shall be cleaned off at the contractor's expense immediately before the mixture has a chance to stain or dry on the surface. Any damage or staining that occurs shall be corrected to the Engineer's satisfaction at the Contractors expense. 308-6 MAINTENANCE AND PLANT ESTABLISHMENT. (a) Hydroseeding maintenance. Hydroseeding maintenance shall consist of the proper watering, fertilizing during the germination and establishment period of growth. ('1} Germination stage irrigation: Within 24 hours after hydromulching the designated plan areas, the watering sequence shall be initiated. The water shall be left on long enough to moisten the soil thoroughly to the depth of the slurry mulch taking care not to super-saturate or wash away the slurry seed. Frequent, light irrigation shall be performed to maintain seedling growth. The Contractor shall repair all seed wash outs or erosion at his own expense. The irrigation sequence shall be determined by current site conditions including weather, air temperature, prevailing wind velocity, soil texture, orientation and other site considerations. It is imperative that the soil be kept moist at all times during the germination period. The light frequent irrigation sequence shall continue until the seedlings require less frequent waterings. (2) Establishment stage irrigation: The irrigation frequency shall be gradually reduced during the maintenance period. Toward the end of the maintenance period the watering frequency shall, be reduced to approximately every three days or more depending upon the season. The contractor shall be responsible for adjusting watering frequency and duration including multiple cycles per day, to promote optimum growing conditions. ft Q 7/29/02 · Contract No. 3865 Page 82 of 90 Pages (3) Fertilization: The Contractor shall fertilize all hydroseededed areas at 40 day intervals. Each fertilizer application shall consist of (15-15-15) commercial fertilizer applied at the rate of 15 lbs. per 1 ,000 square feet or an approved substitute as shown on the soil test recommendations. Submit copies of invoices of all materials used prior to Final walk-through. (4) Weeding: All weed growth appearing in the planting areas during the maintenance period shall be removed at 15 day maximum intervals. Weeds shall not be .allowed to shade out hydroseed mix at any time or go to seed. Weed coverage in hydroseeded areas will be unacceptable and shall require entire area to undergo weed eradication program as outlined in these specifications and shall be re-hydroseeded at no cost to the owner. (5) Minimum coverage: Final acceptance will be given at the end of the maintenance period or longer once 80% coverage is achieved in hydroseeded areas. (6) Trash and debris shall be removed from all areas on a weekly basis. (d) Replacement of plants. All plants that show signs of failure to grow at any time during the life of the contract or those plants so injured or damaged as to render them unsuitable for the purpose intended shall be immediately replaced in-kind at the expense of the Contracto'r. (e) Inspections. A written notice requesting an inspection shall be submitted to the Engineer at least 48 hours prior to the anticipated date. Prior to inspection, the site shall be thoroughly cleaned up and all excess material and debris removed. Prior to the start and at the end of the establishment and maintenance period, the Contractor will be required to have a complete inspection and approval of all landscape construction items. 308·7 GUARANTEE. (Add the following): Payment for Landscape Planting shall be as follows: (a) Jute Mesh: Payment for jute mesh shall be included in the contract bid price per square foot furnished and installed for hydroseeding. (b) Hydroseeding: Payment for hydroseeding shall be of the contract bid price per square foot furnished and installed. (c) Removal of existing trees and planting: Payment shall be included under the contract bid item, "clearing and grabbing", and shall include all costs of tree removal and disposal. All costs for testing, record drawings, and other miscellaneous costs shall be distributed among the various items, and no additional payment will be made therefore. *-'t \.17/29/02 Contract No. 3865 Page 83 of 90 Pages SECTION 310-PAINTING 310-1 GENERAL. All traffic striping and marking areas disturbed by the Contractor as part of or as a result of the work stiall be repainted and/or installed per CAL TRANS Standard Specifications. 310-5 PAINTING VARIOUS SURFACES. 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings. 310-5.6.1 General. The work covers the installation of new traffic striping, signing, pavement markings, and pavement markers in conformance with the plans and the applicable provisions in Sections 84-3 "Painted Traffic Stripes and Pavement Markings" of the CAL TRANS Specifications. Pavement Markers -Non-Reflective and Reflective. Pavement markers shall conform to the provisions in Sections 85-1.04, 85-1.05, 85-1.06, and 95 of the CAL TRANS Specifications. Traffic striping, pavement message markings, pavement markers and signs shall conform to the standard dimensions, and details in the "Manual on Uniform Traffic Control Devices for Streets and Highways," U.S. Department of Transportation, Federal Highway Administration and the CALTRANS Standard Plans, dated January 1999. Full compensation for this work shall be paid per lump sum for Traffic Signing and Striping as stated in the proposal or shall be considered as in the price bid for other items of work. (Add the following section): 310-6 Concrete Sealant. Sealing concrete surfaces shall consist of cleaning and placing a sealant on new concrete surfaces as specified in these special provisions. The concrete sealant shall comply with Section 210-6 "Concrete Sealant," of these special provisions. Cleaning shall remove all dirt, sand, debris and other deleterious material. After cleaning, the concrete surface shall be air blown to remove loose surface materials. The concrete surface shall be dry when sealant is applied. Concrete sealant shall be applied only during periods of weather as recommended by the manufacturer, except that the sealant shall be applied only when the atmospheric temperature is between 40°F and 100°F when wind velocity is less than 5 miles per hour. The application of concrete sealant shall conform to the manufacturer's recommendations. One flood coat of sealant shall be applied to the 9oncrete surface at the coverage rate of approximately 100 square feet per gallon. The sealant shall be applied using an airless sprayer with 20 psi pressure, maximum. The sprayer shall be equipped with a calibrated pressure gauge showing the pressure during the spraying operation. For small areas, if approved by the Engineer, rollers may be used to apply the sealant. Approximately 24 hours after placement of the concrete sealer, the Contractor shall uniformly dampen the treated concrete surface using a fine water spray. The spray shall be sufficient to completely wet the surface without causing excessive runoff. Five days after sealant application the Contractor shall spray sealed concrete surfaces with a fresh water spray to verify sealant coverage. Surfaces determined to lack sufficient sealant coverage shall be resealed. ft '-11,29102 Contract No. 3865 Page 84 of 90 Pages 310-6.1 Measurement and Payment. Payment for applying concrete sealant shall be included in the installation of concrete structures and no additional payment will be made therefore. Payment to seal concrete surfaces shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involyed in sealing the concrete surfaces, complete in place, including cleaning and spraying sealed surfaces with water, as specified in the Standard Specifications and these special provisions. PART 5-SYSTEM REHABILITATION 500-1 Pipeline Rehabilitation. 500-1.4 Cure-in-Place Pipe Liner (CIPP). (Add the following section): 500-1.4.1 General. It is the intent of this specification to provide for the reconstruction of the fully deteriorated 21-inch corrugated metal storm drain pipeline crossing La Costa Avenue by the installation of a resin-impregnated flexible tube, which is formed to the original conduit by use of a hydrostatic head. The resin is cured using hot water under hydrostatic pressure within the tube. The CIPP will be continuous and tight fitting. The work shall be completed within sixty (60) calendar days from the "Notice to Proceed". A deductive cured-in-place pipe installation of the 18-inch corrugated metal pipe downstream of the 21-inch corrugated metal pipe is also shown on Design Plans. The Contractor shall submit bids on both CIPP items. The City of Carlsbad reserves the right to reject any and all bid proposals. (Add the following section): 500.1.4.1.1 Payment. Payment for CIPP shall be per lump sum as shown in the Bid Schedule which shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work involved in cleaning and flushing the storm drain, pre & post video the storm drain, line & cure the storm drain, mobilize & demobilize, and no additional payment will be allowed therefor. 500-1.4.2 Material Composition and Testing. {Add the following section): 500-1.4.2.1 Material Composition. {a) The CIPP shall be designed as per ASTM F1216, Appendix X.1. The CIPP design shall assume no bonding to the original pipe wall. (b) The Contractor must have performed long-term testing for flexural creep of the CIPP pipe material installed by his Company in accordance with ASTM D2990. Such testing results are to be used to determine the Long-term, time dependent flexural modulus to be utilized in the product design. This is a performance test of the materials (Tube and Resin) and general workmanship of the installation and curing. A percentage of the instantaneous flexural modulus value (as measured by ASTM D-790 testing) will be used in design calculations for external buckling. The percentage, or the long-term creep retention value utilized, will be verified by this testing. A minimum 50% retention factor for Long Term Flexural Modulus is required and accepted. Products that do not retain at least 50% of their initial flexural modulus are not acceptable. The materials utilized for the contracted project shall be of a quality equal to or better than the materials used in the long-term test with respect to the initial flexural modulus used in Design. ft Q 7/29/02 Contract No. 3~65 Page 85 of 90 Pages (d) The layers of the cured Cf PP shall be uniformly bonded. It shall not be possible to separate any two layers with a probe or point of a knife blade so that the layers separate cleanly or the probe or knife blade moves freely between the layers. If separation of the layers occur during testing of field samples, new samples will be cut from the work. Any reoccurrence may cause rejection of the work. (e) The cured pipe material (Cf PP) shall conform to the structural properties, as listed in ASTM F 1216, Table 1, Cf PP initial Structural Properties. (f) The required structural Cf PP wall thickness shall be based as a minimum, on the physical properties in Section 5.5 and in accordance with the Design Equations in the appendix of ASTM F 1216, and the following design parameters: Design Safety Factor =~ Retention Factor for Long-Term Flexural Modulus to be used in Design =50% ( see Long-Term tests described in paragraph 500-1.4.2. 1 (b )) Ovality Soil Depth (above crown) Soil Modulus Soil Density Live Load Design Condition (Add the Following): 500-1.4.2.2 Testing Requirements. = 2% = 3to6ft = 1,000 psi = 120 pcf = H20 Highway = Fully Deteriorated (a) Chemical Resistance. The Cf PP shall meet the chemical resistance requirements of ASTM D 5813. CIPP samples for testing shall be of tube and resin system similar to that proposed for actual construction. It is required that CIPP samples with and without plastic coating meet these chemical testing requirements. (b) Hydraulic Capacity. Overall, the hydraulic profile shall be maintained as large as possible. The CIPP shall have a minimum of the full flow capacity of the original pipe before rehabilitation. Calculated capacities may be derived using a commonly accepted roughness coefficient for the existing pipe material taking into consideration its age and condition. (c) CIPP Field Samples. One (1) field cured sample shall be produced from each days production. Samples may be produced by either flat plate or restrained sample methods. Samples shall be tested by the contractor for physical properties per ASTM F-1216. In no case shall samples be taken from the cured, finished pipe by cutting coupons or other procedures which may damage the integrity of the liner and require patching. (Add the following section): 500-1.4.3 Resin and Tube Acceptance. (a) The resin system shall be a corrosion resistant polyester, vinyl ester, or epoxy and catalyst system that when properly cured within the tube composite meets the chemical resistance requirements of ASTM D5813 and the physical property requirements of F1216 and ASTM F1743, the physical properties herein, and those which are to be utilized in the Design of the CIPP for this project. (b) The wet out Tube shall have a uniform thickness that when compressed at installation pressures will meet or exceed the Design thickness. ft "f.J 7 /29/02 Contract No. 3865 Page 86 of 90 Pages (c) The Tube shall be sewn to a size that when installed will tightly fit the internal circumference and length of the original pipe. Allowance should be made for circumferential stretching during inversion. Overlapped layers of felt in longitudinal seams that cause lumps in the final product shall not be used. (d) The outside layer of the Tube (before wet out) shall be coated with an impermeable, flexible membrane that will contain the resin and facilitate monitoring of resin saturation during the resin impregnation (wet out) procedure. (e) The Tube shall be homogeneous across the entire wall thickness containing no intermediate or encapsulated elastomeric layers. No material shall be included in the Tube that may cause delamination in the cured GIPP. No dry or unsaturated layers shall be evident. (f) The wall color of the interior pipe surface of GIPP after installation shall be a light reflective color so that a clear detailed examination with closed circuit television inspection equipment may be made. (g) Seams in the Tube shall be stronger than the non-seamed felt. (h) The outside of the Tube shall be marked for distance at regular intervals along its. entire length, not to exceed 5 ft. Such markings shall include the Manufacturers name or identifying symbol. The tubes must be manufactured in the USA. (i) Any layers of the tube that are not saturated with resin prior to insertion into the existing pipe shall not be included in the structural GIPP wall thickness computation. (j) The sewn GIPP Tube shall consist of one or more layers of absorbent non-woven felt fabric and meet the requirements of ASTM F1216 or ASTM F1743, Section 5. The tube shall be constructed to withstand installation pressures, have sufficient strength to bridge missing pipe, and stretch to fit irregular pipe sections. 500-1.4.5 Installation. (Add the following section): 500-1.4.5.1 Installer/Contractor Qualifications. (a) All trenchless rehabilitation products and installers must provide the City with proof of documentation at the time of bid submittal. All prodl:lcts and Installers seeking approval must meet all of the following criteria to be deemed Commercially Acceptable. All required submittals must be satisfactory to the City. (b) For a Product to be considered Commercially Proven, a minimum of 250,000 linear feet of successful wastewater collection system installations in the U.S. must be documented to the satisfaction of the Owner to assure commercial viability. In addition, at least 50,000 linear feet ofthe product shall have been in successful service within the State for a minimum of five years. (c) For an Installer to be considered as Commercially Proven, the Installer must satisfy all insurance, financial, and bonding requirements of the Owner, as defined in these bid documents, and must have had at least 3 (three) years active experience in the commercial installation of the product bid under the Contractor's License number listed with the bid. In addition, the Installer must have successfully installed at least 50,000 feet of the product bid in wastewater collection systems. The installation contractor's proposed foreman shall have installed at least 5,000 linear feet of the proposed tube and resin combination. Acceptable documentation of these minimum installations must be submitted to the City. -" ,.., 7/29/02 Contract No. 3f!65 Page 87 of· 90 Pages (d) Both the rehabilitation manufacturing and installation processes shall operate under a quality management system (which is third-party certified to ISO 9000 or other internationally recognized organization standards. Proof of certification shall be required for approval.) (e) Documentation for products and installers seeking pre-approve status must be submitted at the time of bid. (Add the following section): 500-1.4.5.2 Incidental Items. (a) If a street/travel lane must be closed to traffic to perform required work, the Contractor must submit Traffic Control Plans to the Engineer prior to construction. No work shall begin until the traffic control plans are approved by the Engineer. The cost of preparing, distributing, and implementing the approved Traffic Control Plans will be paid as bid item "Traffic Control" and no additional payment will be made therefore. (b) All water used on the construction project must be metered and paid for by the Contractor. This includes water for pipeline cleaning, liner installation and curing. Citations will be issued to parties taking water from unmetered facilities. A Construction water meter permit may be obfained from the Water Utilities Department. Cure water is to be pumped out of the storm drain and disposed of in the City of Carlsbad's sanitary sewer system. Cure water may not be disposed of in the storm drain system. (c) The Contractor shall remove all internal debris out of the storm drain pipe that will interfere with the installation of CIPP. The Contractor shall dispose of all the debris removed from the pipe at a location or site approved by the Engineer. (d) Inspection of pipelines shall be performed by experienced personnel trained in locating breaks, obstacles and service connections by close circuit television. The interior of the pipeline shall be carefully inspected to determine the location of any conditions which may prevent proper installation of CIPP into the pipelines, and it shall be noted so that these conditions can be corrected. A video tape and suitable log shall be kept for later reference by the Owner. (1) CIPP samples shall be prepared and physical properties tested in accordance with ASTM F1216 or ASTM F1743, Section 8, using either method proposed. The flexural properties must meet or exceed the values listed in Table 1 of the applicable ASTM. (2) Wall thickness of samples shall be determined as described in paragraph 8.1.6 of ASTM F1743. The minimum wall thickness at any point shall not be less than 87½% of the design. thickness as calculated in paragraph 5.6 of this document. (3) Visual inspection of the CIPP shall be in accordance with ASTM F1743, Section 8.6. ~ '-1 7/29/02 Contract No. 3865 Page 88 of 90 Pages (e) It shall be the responsibility of the Contractor to clear the line of obstructions such as solids and roots that will prevent the insertion of CIPP. If pre-installation inspection reveals an obstruction such as a protruding service connection, dropped joint, or a collapse that will prevent the inversion process, that was not evident on the pre-bid video and it cannot be removed by conventional sewer cleaning equipment, then the Contractor shall make a point repair excavation to uncover and remove or repair the obstruction. Such excavation shall be approved in writing by the Owner's representative prior to the commencement of the work and shall be considered as a separate pay item. (f) The Contractor shall make every effort to maintain service usage throughout the duration of the project. In the event that a service will be out of service, the maximum amount of time of no service shall be 8 hours for any property served by the sewer. A public notification program shall be implemented, and shall as a minimum, require the Contractor to be responsible for contacting each home or business connected to the sanitary sewer and informing them of the work to be conducted, and when the sewer will be off-line. The Contractor shall also provide the following: (1) Written notice to be delivered to each home or business the day prior to the beginning of work being conducted on the section, and a local telephone number of the Contractor they can call to discuss the project or any problems which could arise. (2) Personal contact with any home or business, which cannot be reconnected within the time stated in the written notice. (g) The Contractor shall be responsible for confirming the locations of all branch service connections prior to installing and curing the CIPP. (h) Upon acceptance of the installation work and testing, the Contractor shall restore the project area affected by the operations to a condition at least equal to that existing prior to the work. ft ~, 7/29/02 Contract No. 3865 Page 89 of 90 Pages Appendix A Standard Drawings/Plans ft ~, 7/29/02 Contract No. 3865 Page 90 of 90 Pages MODIFICATIONS TO SAN DIEGO REGIONAL STANDARD DRAWINGS The Standard Drawings for the City of Carlsbad shall be comprised of the current edition· of the San Diego Area Regional Standard Drawings (SDRSO) as published by the San Diego Department of Transportation and as modified by the additions and substitutions listed below and the City of Carlsbad Supplemental Standards attached hereto. Modifications to the San Diego Area Regional Standard Drawings Concrete requirement within public right-of-way shall be 560-C-3250 minimum for all improvements. D-2 Enlarge curb inlet top to width of sidewalk {not to exceed s·e, by length of inlet lncJudlng wings. Existing reinforcing steel shall be extended across enlarged top to clear distances shown. 0-20 Delete. 0-27 Add: A maximum of three {3} combined outlets in lieu of Std. 0-25. 0--40 Add: .,.. dimension shall be a minimum of three (3) times size of rip rap. 0-70 Minimum bottom width shall be 6' to facilitate cJeaning. 0-71 Minimum bottom width shall be 6' to facilitate cJeaning. 0-75 Delete "Type-A• Add: 6" x 6" x #1 o x #1 O welded wire mesh, instead of stucco netting. E-1 Delete direct burial foundation. Add: The tight standard shalt be prestressed concrete round pole. G-3 Delete. G·S Add: Note 4. Tack coat shall be applied between dike and existing asphalt concrete surface as specified in Section 302-5.4 SSPWC. G-6 Type B-1 and B-2 curb heights shall be 8 inches with 2:1 batter. G-11 Add: Remove curb/gutter and sidewalk from score-mark to score-mark or from joint-to-joint or approved combination. G-12 Add: smooth trowel flow line (typical) 7-1 /'Z' thick. G-13 Add: smooth trowel flow line (typical). • A I I I ,t----- 1 I • A PLAN Length shown on plons .. B C J Tral'ISllion lo normal curb height in 10 fL on both sides unless otherwise noted See note 7 Curb Une Golv. sleet angle continuous and protection bor. See Std.Dwg. 0-12 SECTION B-8 ··-o· I ' ------Tl- SECTION A-A NOTES 1. See Standard Drawings 0-11 & D-12 for odditionol notes ond details. 2. Types are designated as follows: (no wing)B, (one wing}B-1, (two wings)B-2. 3. Exposed edges of concrete shall be rounded with o radius of. 112·. 4. When V exceeds 4' steps shaU be installed. See Standard Drawing D-1 1 for details. 5. Concrete gutter lo match adjacent gutters. 6. An expansion joint shaft be placed ot the ends of the inlet where the N"b is to adjoin. LEGEND ON PLANS 7. Provide 1/4" tooled groove in top slob in rine with bock of adjacent curb. 8. Surface of top slob shoU be sidewalk finished lo drain toward street at o slope of 1 / '• per fool P7:, 9. Mointoin 1 -112· clear spacing between reinforcing and surface unless otherwise noted. R[COMM£NDED SY lHE SAN D1ECO R£C10N.11. STAHOARDS q'IIMITIEE SAN DIEGO REGIONAL STANDARD DRAWING ORAlfNC NUMBER D-2 CURB INLET -TYPE 8 Revision Revision ORIGINAL #4 Bors placed dio9onolly A L f4 o a· both woys PLAN t-1YPE A A4 j >- A5 Al A7 AB .... t PIP£ DIA. X y z up to 39• 4' 4• &' 42• to 4s• s· 4' &' s1· to &o· 6' 4• 6' &Y to 72• 7' 4• 7' 75• to 84• s· 4' a· Manhole Frame and Cover see Slondonl Crowing M-3 Diagonal Bots 2-#4 bors---1-M+" Elev. shown on ~ans -~:1---- SECTION A-A NOTES 1. See Standard Drawing 0-11 for odolionol notes ond details. 2. Concrete base sholl be 560-C-3250 3. All prec:ost components shaft be reinforced with 1 /': diameter stee~ wound spirally an 4 • ceaters. · 4. All joints shoD be set in Class C mortar. 5. Maintain 1 112· clear spocing betWffll reinlorcin11 ond surf oce unless otherwise noted. 1I 6. &posed edges of concrete shaU be rounded with a radius of 1/2• .... t for step details. see Standard Drawing D-11 4-14 Around pipe Slope floor 12: 1 towards outlet LEGEND ON PLANS ==@= SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENOED BY 1HE SAN DIEGO RECICIHAI.. STANOARDS COMMITIEE lffitf2.~ STORM DRAIN CLEANOUT -TYPE A DRAWING NUMBER D-9 X 0 Tr ., Tr BOX SECTION REINFORCEMENT ,-~o-a-o..-o -&...o;il HCR. & FlR. ·-IIAXIWU SPAN DEPTH 1HClCNESS erticol reinforcing #4 O 1a· max. X or Y V T REW. • fer horiZonlal ,.;,,fordng, ... -· r J'-o· to 4•-0• 6 • o 1s· >-4'-r to T-o· •·-o· &· 1 4 0 12· j 0 1·-1· to s·-o· 6. 4 o a· J-o· to • -o· s· 4 o 1s· ~ 1 1;2• Clearance. Typ. ~ 4 -1· to s·-o· ··-1· s· 4 0 12· s·-1· to s·-o· to &· "o a· --e·-o· ,-0 --,,-cr---"'D -,,--0 6'-t" to s·-o· 6" , "o s· ' 2• Typical -l l J-o· to 4-o· 6" 4 0 15" ··-r to s·-o· a·-1· S" 4 0 12· s·-1· to s·-o· to a· 4 0 8" 12·-o· TYPICAL BOX SECTION rt-1· to a·-o· a· I 4 0 15· .1· -o· to • -o· 8" 4 0 12· 4·_, .. to s -o· s· 4 0 12· s·-1· to s·-o" 12·-1· a· • o s· s·-r to 1·-0· to 8" 4. &" 1s·-o· 1·-1· to s·-o" s· so a· Y-O" to •·-o· s· J 4 0 12· 10· • 4'-1" to s·-o· 1s·-1· 10· 11 4 0 12· N 14• 4 o s· 4· ....... s·-1· to s·-o· to 10· -s·-r to 1·-0· 20·-o· 10" 4 0 6" ~ . ... ... -7 -1· to a·-o· 10" so a· -~-.~· ~ ' I ~ 1 f J -o· to •·-o· a· I 4 0 12· /. ~ "_,. to s·-o· 20·-1· 10· 11 4 0 12· ····~~1 T s·-1· to s·-o· to 10· I "o s· s·-1• to 1·-0· 2,·-0· ,o· I 4 0 6" " 3/4" dio. steel bars, T-1· to e·-o· 12· , so a· ; hot dipped 90twnized ~ .;i. STEP DETAIL NOTES 1. Concrete shon be 560-C-3250 unless otherwise noted. 2. Reinforcing steel shaD comply with this drawing unless olhenrise specified. 3. Reinforcing steel shoff be intermediate grade deformed bars conforming to latest ASTM specifications. 4. Bends shall be in accordance with latest N'J code. 5. Minimum spice length for reinforcing shal be JO d'iometers. 6. Floor shoU have a wood trowel finish and, except where used os junction boxes, shall hove a minimum slope of 1 inch per foot toward the outlet 7. Depth V is measured from the top of the structure to the flowline of the box. 8. Wal thickness ond reinforcing steel required mcy be decreased in occordonce wilh table above. 9. Wal lhlckness shalt be stepped on the outside of the box. 10. When the structure depth V exceeds 4 feet, steps shoB be cost into the wall ot 15 inch intervals from tS inches above floor to within 12 inches of top of structure. Where possible place steps in wall without pipe opening, otherwise over opening of smallest diameter. 11. Alternate step moy be on approved steel reinforced polypropylene step. 12. Upon approval of the Agency and the Engineer, os defined by Section 6703 of the Business and Professions Code., the use of precost storm structures is oc:ceptoble as on oltemate to c:osl-in-ploce. Precosl units shall conform to ASTM standards and be monufoclured in a permanent facility designed for that purpose. Revision By Appr0'4ed Dote RE:CQIMENOED BY 1'HE SAN DlEC0 SAN DIEGO REGIONAL STANDARD DRAWING RECIONAL STANDMDS CCMMITIEE 0RIGIM. Kerchevol 12/75 Al~~~~ :r: '·'" •• Im.) ~ INLETS AND CLEANOUTS ,,,_. Choitsle >son R.C.t. 19246 Dote NOTES AND DETAILS DRAWING D-11 NUMBER I s. I .., . .; " . . 1/2" t Anchor bor 0 J' o.c. max. NOTES 1 • ., .·4•• • -· 4 ., • .. .,. .. ., .. 1. F'oce angle shaft be cast into structure continuous for the run lenght '-"· 2. All exposed metal ports shaft be hot-dipped galvanized ofter fabrication. 3. When curb inlet opening height (H) exceeds s· install 1·• steef protection bar. ::c 1 • • Support Boll 4. Install additional bors at J 1/2• clear spacing above fnt bor when opering exceeds 1:s·. 5. When curb inlet opening length exceeds 8' install 1" f Steel support bolts. spaced ot not more than 5' o.c. RECOMMENOED 8Y 'l1C SAN OIECO REC!ONAI. STANOARCS CClllMITlEE ~ .. 3~ ORAMNG NUMBER D-12 SF.F. snn. rnn SAN DIEGO REGIONAL STANDARD DRAWING ORIGINAL CURB INLET OPENING I • CD II j!; .2' l! .0 .. ::II " -C t =g i i .. "'.•~ 'b - ' .. .c -0. G 0 .c u C 111 .. ,- -II 0 I ;.., -IJ • C ~ 0 0 N O> ... Trench Width Cl 0. 0. :, CJ C: E 0 • -N ~ .¥ c., i 0 0 en m 3 u c,, C C 0 ~ N • "0 "' IJ Ill 0 m _g. 0, a. 3/4 .. Crushed Rock SECTION NOTES 1. For trenching on improved streets see Stondord Drawing G-24 or G-25 for resurfacing details. 2. (•) indicates minimum relative compaction. RECOMM£NDED SY 1'H£ SAN DEGO ~~ ORAMNG NUMBER D-60 SAN DIEGO REGIONAL STANDARD DRAWING PIPE BEDDING AND TRENCH BACKFILL FOR STORM DRAINS "0 IJ I: ~ Cl C 0 :,;; 0 > Cl " ,c IJ ., / i -•""'.,,· 0 1 = X § t;,-::· Elevation .. ~·.;:,. ... ~tt . .,.,, Cleoronce {min.) Revision B Apprcwed Dalt ORIGINAi. Parkinson 2 95 • ,... NOTES 1 '':--v 1Ji· R • /, \) 3 -. ~"\\,,--~_Weakened Plane Joint . t• R \ \. ·~ __: : -- w lYPE: W •AREA SO. FT. G H 30" 1.61 • with 6" Curb Face 1. Concrete shall be 520-C-2500. 2. See Standard Drawing g-10 for joint d~toils. 3. Slope top of c1,1rb l 74 per foot toward street. -. . • . . ---• • . .. .. R£COMMEHOED BY lH[ SAN DIEGO p-··-.iAL STAHOAROS COMMITTEE ~.~ SAN DIEGO REGIONAL STANDARD DRAWING DRAWING NUMBER G-2 CURB AND GUTTER -COMBINED SEE SDG-100 f • (0 LEGEND ON PLANS Revision By Approved Date I ORIGINAL Kercheval h 2ns .... .. f:f~ .,i,,/,,, --~ -· t ._ .... ·.·.·t.· :· ~:=~&.-~ ... r. ... , •. . •i .. .. . ... .. ~;-.. -ri• ~ 2· Weakened Plane Joint • N Top of Pavement • co I · L--------=24.:..· ______ __, ~ 112· . co • Ill 8-1 Area==0.79 Sq.Fl 1;2· dio. Continuous Steel Sor I 2" Weakened Plane Joint ..,____ jfr--1 /2" dio. Steel Dowels O 4' c.c. • min. length a· (see note .3) 8-3 kea-0.29 Sq.Fl NOTES 1. Concrete shell be 520-C-2500. • co 2. See Standard Drawing C-10 for joint det01ls. 3. Extruded type B-3 curb shoU be anchored to existing pavement by piecing steel dowels ond reinforcing steel os shown or by using en approved adhesive. • 8-2 keo:1.29 Sq.Ft. 8-4 Areo=0.35 Sq.FL REC0MMEND£1) BY TH£ SAN DIECO REQONAI. STANDARDS COMMITTEE <>~.~ SAN DIEGO REGIONAL STANDARD DRAWING DRAWING NUMBER G-6 CURBS AND GUTTER -MEDIANS Top of PO¥ement LEGEND ON PLANS Type e-2 Curb and Cutter Type B-1, B-J. 8-4 Curb Revision B Approved Dote ORIGINAL Kerchevol 12 5 .· .. . ~- ·;~~';- '\ .· .... ~- Existing A.C. and Bose Asphalt Concrete Asphalt Concrete Bose Material 12· min. (typ.) feather to meet existing paving see Note 3 --~1 NOTES U:-:-::!.. lYPE A 1J ·ll 0 _1--1_ TYPE B 1. Trench edges to be cut a minimum of 6" wider than trench for trenches · 3' wide or less, and 12" wider for trenches over 3' wide. 2. Existing A.C. shall be cut and removed in such a manner so as not to tear, bulge or displace adjacent pavement. Edges shall be clean ond vertical. All cuts shell be parallel or perpendicular to street centerline, when practical. 3. Bose material shall be replaced to depth of existing base. A.C. may be substituted for base material. 4. A· tock coot of ospholtic emulsion or paving asphalt shall be applied to existing A.C. at all contact surfaces, prior to resurfacing. 5. Asphalt Concrete Resurfacing: o) Minimum total thickness shall be. one inch greater than existing A.C. b) A.C. shall be hot plant mix. c) Finish course for Type B resurfacing shall be laid down using a spreader box. . . 6. All A.C. resurfacing shell be seal coated with on emulsified asphalt and covered with sand. Chip sealing shall be applied os required by Agency. 7. Type B shall not be used on lateral crossings. 8. Sloughing of trench under pavement shell be cause for requiring additional pavement and base. · DRAWING NUMBER G-24 USE SDG-107, SDG-108 SAN DIEGO REGIONAL STANDARD DRAWING TRENCH RESURFACING TYPES A & B Revision By Approved Dote ORIGINAL Parkinson 219!. s· 12 .5' CURB ·INLET 5' 5' - 1c------J1 ~~I'. ~ t~ CONTINUOUS . EXISTING PAVEMENT GRADE 6" CURB FACE (TYP) 10" CURB FACE (TYP) 5' f ~ L _ _j .. --""2S·-t:. SECTION 5.5' CURB INLET r------, I I L ....I OR STREET GRADE 5.5' FLOW NOTE CURB FACE TRANSITIONS ANO WARP AREAS SHALL NOT EXTEND lNTO CURB RETURNS, DRIVEWAYS, ALLEY ENTRANCES, OR ANY OTHER CURB OPENING. DEPRESSION SHALL BE 4·. s· ~ -~;,It-·~/ . PLAN ~~NG PAVEMENT OR STREET GRADE FLOW 6" CURB FACE; (TYP) 5.5' 10" CURB FACE (TYP) EV. I APPROV D IOATE FLOW GUTTER L_ _ _ _.J {:.---.. t:. SECTION CITY OF CARLSBAD LOCAL DEPRESSION SUMP CONDITION DATE DS-1 8 FOR SLOPING TRENCH WALL 1 ...... f'OR V!RTICAL TRENCH WAL.t.. I ~-----.... --1, . ._ TRENCH WIDTH SECTION 8-B ELEVATION PIPE ANCHORS NOTES: o-0. "' ~ OPTIONAL CONST.JOINT UNDISTURBED EARTH 200 -1 (81) Mill~ I. ANCHORS SHALL BE CLASS 265Cl4 1450-C-20001 CONCRETE. SECTION A-A TABLE A PIPE L SLOPElSJ DISTANCE Y•ICIOO) CIWC..) 100 :S.H 111 (12'J 67 4.25 111 (14') 50 4.90 m (16'1 40 5.50 111 (18') 3' 6.00 111 (20'1 10011111 (4•) z DISTANCE (MAX.) 1.20 II (4') 2.40 111 (8•) :S.65 m (12'1 5.50 111 (18') 6.00 m (20') 2. FOR CLAY PIPE, ANCHORS SHALL NOT BE PLACED WITHIN 150 11111 (6 INCHES) OF THE. PIPE JOINT. :S. TRENCH SHALL BE BACKFILL PER NOTE 4 ON SHEET 2. 4. SPACING OF ANCHORS FOR PIPE SLOPES BETWEEN VALUES SHOWN IN TABLE •A• .MAY BE PROPORTIONED. 5. DUENSIONS SHOWN ON THIS PLAN F'OR METRIC AND ENGLISH UNITS ARE NOT EXACT EQUAL VALUES. IF METRIC UNITS ARE USED: ALL VALUES USED F'OR CONSTRUCTION SHALL BE METRIC VALUES WITH THE EXCEPTION OF REINFORCING BAR SIZES FOR WHICH ENGLISH (IMPERIAL) BAR SIZES MAY BE SUBSTITUTED F'OR METRIC BAR SIZES. IF ENGLISH UNITS ARE USED. ALL VALUES USED FOR CONSTRUCTION SHALL BE ENGLISH VALUES. ANCHORS AMERICAN PUBLIC WORKS ASSOCIATION -SOUTHERN CALIFORNIA CHAPTER PROMULGATED BY TrlE PUBLIC WORKS STANMRDS INC., GREEN800K COMMmEe 111&4 REV 1111111 PIPE ANCHORS AND BACKFILL STABILIZERS USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION STANDARD PLAN METRIC 221 -1 SHEET1 Of 2 -------------· ··-·- t FOR SLOPIN TRENCH WALL FOR VERTICAL FOR SLOPINCi TRENCH WALLt~ .., i FOR VERTICAL • , TRENCH WALL \ TRENCH \ \ \ \ \ \ \ l-- I I I __ .J ALTERNATE I ELEVATION BACKFILL STABILIZERS NOTES: SECTION C-C TABLE 8 GROUND SLOPE TABLE 8 X=I Y(MAX.) l•I 1.5 m (5') I 112•1 2.75 m (9') 2>1 3.65 m (12') 2 1/2:1 4.9 m 06') 3•1 6.0 m (20') I. REDWOOD BOARDS SHALL BE 50 mm 11 300 mm 12 IN. 11 12 IN.I WHERE DEPTH OF COVER OYER PIPE PERMITS. OTHERWISE USE 50 -11 250 ·mm (2 IN. 1 10 IN.J 2. REDWOOD BOARDS SHALL BE PLACED ON THE HIGH GROUND SIDE OF THE POSTS. 3. EACH REDWOOD BOARD SHALL BE FASTENED BY USING 2-t&d NAILS TO EACH REDWOOD POST OR A 10 mm (3/8 IN.I BOLT AND NUT WITH WASHERS TO EACH GALVANIZED PIPE. ALL HARDWARE SHALL BE GALVANIZED. 4. TRENCH BACKFILL SHALL BE CONSOLIDATED BY MECHANICAL COMPACTION. IN LIEU Of' MECHANICALLY CO .. ACTION. SOIL CEMENT MAY BE USED. HOWEVER, THE TOP 300 mm 02 IN.I OF BACKFILL SHALL 8£ NATIVE SOIL. MECHANICALLY CO .. ACTED. 5. SPACING OF STABILIZERS FOR GROUND SLOPES BETWEEN VALUES SHOWN IN TABLE "B" MAY BE PROPORTIONED. 6. THE CONTRACTOR MAY. AT HIS OPTION, SUBSTITUTE DOUGLAS FIR FOR THE REDWOOD PROVIDED IT HAS BEEN TREATED WITH PRESERVATIVES, STABILIZERS lt.00 11n i2•, Mia. AMERICAN PUBLIC WORKS ASSOCIATION • SOUTHERN CALIFORNIA CHAPTER PIPE ANCHORS STANDARD PLAN METRIC AND BACKFILL STABILIZERS 221 -1 SHEET20f2 .... 15M O 300 mm (•4 0 12• ,-----330-C-23 (560-C-3250) CONCRETE L/2 (TYP.) 25 mm (I•) (TYP .) -FLOW 150 mm r,·· ~-1 I I I -t-- 3-15M (•4J CIRCULAR TIES, SEE NOTE 9 0 0 ---cuT 150 mm 6"1 MIN NO. 2 LINE 3.14 (D0-DJ DETAIL I A1 [SEE NOTE 10) SONO-TUBE. OR EOUAL, INTERIOR FORM CUT NO. I= SAW THE TUBE AT AN ANGLE OF A/2 WITH THE TRANS- VERSE PLANE. REVERSE ONE SECTION ANO TAPE BOTH SECTIONS TOGETHER FORMING THE DEFLECTION ANGLE A. CUT NO. 21 SAW THE TUBE LONGITUDINALLY REMOVING A STRIP 3.14 IDo-D ) WIDE ON THE SIDE OPPOSITE THE OPEN JOINT. BEND THE ENOS OF THE CUT TOGETHER ANO INSERT THE TUBE IN THE PIPE. D 300 mm (12") 450 mm us·> · 600 mm (24°) 750 mm (30°) 900 mm (36") 1050 mm (42"1 1200 mm (48"' 1425 mm {5 7") 1500 mm (60" 1650 mm (66" 1800 mm [72"1 L T 300 mm U2") 100 mm (4°) 300 mm (12") 125 mm (5") 300 mm tl2"J 150 mm (6°) 450 1M1 (18•) 175 mm (7") 450 mm ere·> 225 111m (9") 450 """ us·> 225 mm (9") 450 mm (18°I 250 mm no•J 450 mm ue•J 250 mm (IO•J 525 mm (21") 275 mm m·, 525 mm (21") 275 mm m•J 600 mm (24"1 300 mm 02•, INTERIOR SURFACE OF PIPE DETAIL 1 B1 TYPICAL JOINT FOR REINFORCED CONCRETE PIPE AMERICAN PUBLIC WORKS ASSOCIATION • SOUTHERN CALIFORNIA CHAPTER PRQMUI.GA TEO BY THE PUIIUC WORKS ST~ROS INC .. GREEN!IOOK COMMITTEE 1992 REV.19'N CONCRETE COLLAR FOR RCP 300 mm 12" THROUGH 1800 mm 72" USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION STANDARD PLAN METRIC 380-2 SHEET1 OF2 NOTES I. A CONCRETE COLLAR IS REQUIRED WHERE THE CHANGE IN GRADE EXCEEDS 10 PERCENT. 2. FOR CURVE JOINTS (SEE DETAIL B. SHEET 0 IF THE EXTREME ENOS OF THE PIPE LEAVE A CLEAR SPACE THAT IS GREATER THAN 25 mm (I•) .. BUT IS LESS THAN 75 mmU3•) A CONCRETE COVER IS REQUIRED IN ACCORDANCE WITH SUBSECTION 306-1.2.4 OF THE SSPWC. IF THE EXTREME ENOS OF THE PIPE LEAVE A CLEAR SPACE THAT IS EQUAL TO OR GREATER THAN 75 mm (3•). BUT LESS THAN 150 mm (61 ), A CONCRETE COLLAR IS REQUIRED. IF THE CLEAR SPACE IS 150 mm (6•) OR GREATER. A TRANSITION STRUCTURE IS REQUIRED. 3. CONCRETE COLLAR SHALL NOT BE USED FOR A SIZE CHANGE ON THE MAIN LINE. 4. CONNECTOR PIPES A. WHERE PIPES OF DIFFERENT DIAMETERS ARE JOINED WITH A CONCRETE COLLAR. L ANO T SHALL BE THOSE OF THE LARGER PIPE. 0=01 OR D2. WHICHEVER IS GREATER. B. WHEN Di lS EQUAL TO OR LESS THAN Cl!. JOIN INVERTS AND WHEN D1 IS GREATER THAN Dz, JOIN SOFFITS. 5. FOR PIPE LARGER THAN 1800 mm (72•) SPECIAL COLLAR DETAILS ARE REQUIRED. 6. FOR PIPE SIZE NOT LISTED USE NEXT SIZE LARGER. 7. REINFORCEMENT SHALL CONFORM TO ASTM A 615 M (A 615} GRADE 300(40). 8. WHERE REINFORCING IS REQUIRED THE DIAMETER OF THE CIRCULAR TIES SHALL BE 0+(2X WALL THICKNESS) +. T. 9. REINFORCING SHALL BE USED WHERE THE PIPE DIAMETER IS GREATER THAN 525 mm (21•) ANO ON ALL PIPES WHERE THE SPACES BETWEEN THE EXTREME OUTER ENOS IS 75 mm (3•) OR LARGER. CIRCULAR TIES: PIPE DIAMETER NO. OF CIRCULAR TIES 525 mm (21•) OR LESS 3 600 mm (24·) TO 750 mm (30") 3 825 mm (33•) TO 1425 mm (!57•) 4 1500 mm {60•) TO 1800 mm (72•) S WHERE THE SPACE BETWEEN PIPE ENOS EXCEEDS 75 mm (3"). THE NUMBER OF CIRCULAR TIES SHALL BE INCREASED TO MAINTAIN AN APPROXIMATE SPACING OF 150 mm (6•) O.C. 10. WHERE THE PIPE IS 525 mm (21") OR LESS IN DIAMETER AN INTERIOR FORM OF UNSEALED SONO-TUBE OR EQUAL SHALL BE USED TO PROVIDE A SMOOTH INTERIOR JOINT. THE PAPER FORM MAY BE LEFT IN PLACE (SEE DETAIL A). WHEN THE PIPE IS 600 mm (24•) · OR LARGER A REMOVABLE INTERIOR FORM SHALL BE USED OR THE INTERIOR JOINT SHALL BE COMPLETELY FILLED WITH MORTAR ANO NEATLY POINTED. II. DIMENSIONS SHOWN ON THIS PLAN FOR METRIC ANO ENGLISH UNITS ARE NOT EXACT EQUAL VALUES. IF METRIC VALUES ARE USED. ALL VALUES USED FOR CONSTRUCTION SHALL BE METRIC VALUES, EXCEPT REINFORCING BAR SIZES IN ENGLISH UNITS MAY BE SUBSTITUTED FOR METRIC BAR SIZES. IF ENGLISH UNITS ARE USED, ALL VALUES USED FOR CONSTRUCTION SHALL BE ENGLISH UNITS. AMERICAN PUBLIC WORKS ASSOCIATION -SOUTHERN CALIFORNIA CHAPTER CONCRETE COLLAR FOR RCP 300 mm (12") THROUGH 1800 mm (72") STANDARD PLAN MElRIC 380-2 SHEET20F2