The URL can be used to link to this page

Home My WebLink AboutJ Fletcher Creamer & Son Inc; 2006-12-20; PWS07-02ENG Part 1 of 3DGC# 2008-0208324 ft Recording requested by: CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 APR 18, 2008 3:40 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 R Y J. S MIT H, CO LI N T Y R E CO R D E R FEES: 0.00 PAGES: 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 Carlsbad Municipal Water District (CMWD), 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 March 1,2008. 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 El Camino Real Potable Water System Projects, Project Nos. 38441, 39111, 39151, 50021, and 50031. CARL 'ATER DISTRICT ''GLENN PRUIM Public Works Director VERIFICATION OF SECRETARY I, the undersigned, say: I am the Secretary of the Carlsbad Water Municipal District, 1200 Carlsbad Village Drve, Carlsbad, California, 92008. The Executive Board of said District on , 2008, accepted the above described work as completed and ordered thaf a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on LLjQAJJL ILo 2008, at Carlsbad, California. CARLSBAD MUNICIPAL WATER DISTRICTAB 653 RESO 1317 CARLSBAD MUNIGIPAL WATER DISTRICT San Diego County California CONTRACT DOCUMENTS, GENERAL, AND TECHNICAL PROVISIONS FOR i ELCAMINOREAL WATER SYSTEM PROJECTS*r CONTRACT NOS. 50031,50021,38441,39111, & 39151 BID NO. PWS07-02ENG Revfsed 7/17/06 Contract Nos. 50031, 50021, 38441, 3911T, & 39151 Page 1 of 117 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 7 Contractor's Proposal 11 Bid Security Form 28 Bidder's Bond To Accompany Proposal 29 Guide For Completing The "Designation Of Subcontractors" Form 31 Designation Of Subcontractor and Amount Of Subcontractor's Bid Items 33 Bidder's Statement Of Technical Ability And Experience 34 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability And Workers'Compensation 35 Bidder's Statement Of Re Debarment 36 Bidder's Disclosure Of Discipline Record 37 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid 39 Contract Public Works 40 Labor And Materials Bond 46 Faithful Performance/Warranty Bond 48 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention 49 Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 2 of 117 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations And Symbols 1-1 Terms 53 1-2 Definitions 54 1-3 Abbreviations . 58 1-4 Units of Measure 61 Section 2 Scope and Control Of The Work 2-1 Award and Execution of Contract 63 2-2 Assignment 63 2-3 Subcontracts 63 2-4 Contract Bonds 64 2-5 Plans and Specifications 66 2-6 Work to be Done 68 2-7 Subsurface Data 69 2-8 Right-of-Way 69 2-9 Surveying 69 2-10 Authority of Board and Engineer 74 2-11 Inspection 74 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 75 3-2 Changes Initiated by the Agency 75 3-3 Extra Work 77 3-4 Changed Conditions 79 3-5 Disputed Work 81 Section 4 Control Of Materials 4-1 Materials And Workmanship.... 84 4-2 Materials Transportation, Handling and Storage 88 Section 5 Utilities 5-1 Location 89 5-2 Protection 89 5-3 Removal 90 5-4 Relocation 90 5-5 Delays 91 5-6 Cooperation 91 Section 6 Prosecution, Progress And Acceptance Of The Work 6-1 Construction Schedule And Commencement Of Work 92 6-2 Prosecution Of Work 96 6-3 Suspension of Work 97 6-4 Default by Contractor 97 6-5 Termination of Contract 98 6-6 Delays And Extensions Of Time 98 6-7 Time of Completion 99 6-8 Completion And Acceptance 100 6-9 Liquidated Damages 101 6-10 Use of Improvement During Construction 101 Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 3 of 117 Pages Section 7 Responsibilities Of The Contractor 7-1 Contractor's Equipment and Facilities 101 7-2 Labor 101 7-3 Liability Insurance 102 7-4 Workers' Compensation Insurance 103 7-5 Permits 103 7-6 The Contractor's Representative 103 7-7 Cooperation and Collateral Work 103 7-8 Project Site Maintenance 104 7-9 Protection and Restoration of Existing Improvements 106 7-10 Public Convenience And Safety 106 7-11 Patent Fees or Royalties 113 7-12 Advertising 113 7-13 Laws to Be Observed 113 7-14 Antitrust Claims 113 Section 8 Facilities for Agency Personnel 8-1 General 114 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 114 9-2 Lump Sum Work 114 9-3 Payment 114 Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 4 of 117 Pages TECHNICAL SPECIFICATION DIVISION 1: GENERAL REQUIREMENTS 01010 Summary of Work 01011 General Construction Sequence 01025 Measurement and Payment 01040 Coordination 01047 Connections to Existing Facilities 01048 Special Construction Conditions and Procedures - General 01500 Construction Facilities and Temporary Controls 01530 Protection of Existing Utilities 01580 Project Identification and Signs 01600 Material and Equipment 01700 Contract Closeout 01710 Cleaning and Final Cleaning 01720 Record Drawings DIVISION 2: SITE WORK 02130 Removal and Resurfacing of Pavement Surfaces 02223 Trenching, Excavation, Backfilling, and Compacting DIVISIONS: CONCRETE 03000 Cast-In Place Concrete 03481 Precast Concrete Vaults DIVISIONS: OPENINGS 08300 Access Hatches DIVISIONS: FINISHES 09870 Tape Coating System with Mortar Shield for the Exterior of Steel Water Pipelines 09900 Painting and Coating 09902 Petrolatum Wax Tape Coating Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 5 of 117 Pages DIVISION 15: MECHANICAL 15000 General Piping System and Appurtenances 15041 Disinfection of Piping 15044 Hydrostatic Testing of Pressure Pipelines 15056 Ductile-Iron Pipe and Fittings 15057 Copper Tubing, Brass and Bronze Pipe Fittings 15061 Cement-Mortar Lined and Coated Steel Pipe and Specials 15064 Polyvinyl Chloride (PVC) AWWA C-900 Pressure Pipe 15074 Biowoff Assemblies 15092 Miscellaneous Couplings, Pipes and Appurtenances 15100 Resilient Wedge Gate Valves (RWGVs) 15105 Diaphragm Actuated Control Valves 15108 Air Release Valve, Air and Vacuum Valve and Combination Air Valve Assemblies 15125 Jacked Pipe Casing 15139 Fire Hydrants DIVISION 16: CATHODIC PROTECTION 16000 General Electrical Requirements 16640 Cathodic Protection by Sacrificial Anodes DIVISION 17: TELEMETRY 17000 Instrumentation and Telemetry Appendix A: Appendix B: CMWD's Standard Drawings Ninyo & Moore Geotechnical Report dated April 24, 2006 Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 6 of 117 Pages CARLSBAD MUNICIPAL WATER DISTRICT CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 2:00 PM on October 3, 2006, the Carlsbad Municipal Water District (CMWD) shall accept sealed bids, clearly marked as such, at the City of Carlsbad 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: 1. Pavement removal and replacement, traffic control and coordination with utility companies for locating their facilities. 2. Construction of three separate reaches of domestic water transmission main with connections and appurtenances as described in the plans. i) Schedule A: 12-inch water main ii) Schedule B: 12-inch water main iii) Schedule C: 10-inch water main 3. Construction of pressure reducing vault with connection and appurtenances as described in the plans (Schedule D). 4. Testing, disinfection and placing into service of domestic water transmission mains and pressure reducing vault. 5. Demolition of existing valve vault at Carlsbad Village Drive after acceptance of new vault. EL CAMINO REAL WATER SYSTEM PROJECTS CONTRACT NOS. 50031, 50021, 38441, 39111, & 39151 BID NO. PWS07-02ENG INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General 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 Carlsbad Municipal Water District (CMWD) and the 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 District to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the District 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. The Carlsbad Municipal Water District may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the Carlsbad Municipal Water District or another jurisdiction in the State of California as an irresponsible bidder. Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 7 of 117 Pages The work shall be performed in strict conformity with the plans and specifications as approved by the Board of Directors of the Carlsbad Municipal Water District on file with the Engineering Department. The specifications for the work include Carlsbad Municipal Water District Technical Specifications, Project Technical Specifications and the Standard Specifications for Public Works Construction. Sections 2 & 3. 2006 Edition, hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association, as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The Carlsbad Municipal Water District encourages the participation of minority and women-owned businesses. The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS 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 Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the District, 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. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits -(optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: 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 is $2.445.000. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the District 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 District. 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 only classification acceptable for this contract is: Class "A", General Engineering. Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 8 of 117 Pages ESCROW AGREEMENT 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. OBTAINING PLANS AND SPECIFICATIONS 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 $50.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. INTENT OF PLANS AND SPECIFICATIONS 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 Carlsbad Municipal Water District except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the Carlsbad Municipal Water District except as hereinbefore specified. REJECTION OF BIDS The Carlsbad Municipal Water District reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID 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. PRE BID MEETING A pre-bid meeting and tour of the project site will not be held. UNIT PRICES AND COMPUTATION OF BIDS 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. Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 9 of 117 Pages ADDENDUMS 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. BOND AND INSURANCE REQUIREMENTS 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 one hundred percent (100%) of the total amount payable by the terms of the contract. 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 District 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. If the bid is accepted, the District may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (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-:VII 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. 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 District 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 Board of Directors of the Carlsbad Municipal Water District 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 District may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE 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 Board of Director's of the Carlsbad Municipal Water District, by Resolution No. 1275, adopted on the 20th day of June, 2006. August 25. 2006 Date "SHEILA R. COBIAN, Deputy City Clerk Publish Date: August 30, 2006 Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 10 of 117 Pages CARLSBAD MUNICIPAL WATER DISTRICT EL CAMINO REAL WATER SYSTEM PROJECTS CONTRACT NOS. 50031, 50021, 38441, 39111, & 39151 CONTRACTOR'S PROPOSAL Board of Directors Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Technical 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 Nos. 50031, 50021, 38441, 39111 & 39151 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: BID SCHEDULE A - ECR/JACKSPAR DRIVE TO COLLEGE BOULEVARD CONTRACT NO. 50031 Item No. Description A-1 A-2 Mobilization, demobilization, providing project sign, compliance with all General and Supplementary conditions and providing cleanup of construction site complete in place at lump sum amount not-to-exceed $30,000 Approximate Quantity and Unit LS Unit Price LUMP SUM Total $ 30,000 Dollars (Lump Sum) Perform exploratory excavations for underground utilities (Contract No. 50031) at LS LUMP SUM Dollars (Lump Sum) Addendum No. 2 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 1 of 4 Pages Item No. Description A-3 A-4 A-5 A-6 Construct 1 2-inch diameter PVC pipe transmission main including fittings, excavation, backfill, cement slurry, compaction, aggregate base, imported sand, asphalt paving, restriping, reflective pavement markers, traffic loops, etc. Dollars (Lump Sum) Approximate Quantity and Unit 3.180LF $_ Dollars per Linear Foot Remove existing 20-inch steel water line including removal and disposal of pipe, appurtenances, undesirable soils and over excavation of trench, backfill, no sand required, compaction, plug end of pipe at Dollars per Linear Foot Provide all necessary and required traffic control to perform construction in Bid Item Nos. 3 and 4 at Dollars (Lump Sum) Construct the connection to the existing 14-inch diameter transmission main along Jackspar Drive at El Camino Real at Unit Price fi*. Total $ (.ao, IPO — 800 LF $ U_$sSL LS LUMP SUM $ LS LUMP SUM $ \ \ .000 Addendum No. 2 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 2 of 4 Pages Item No. Description A-7 A-8 A-9 Construct the connection to the existing 12-inch diameter transmission main along Sunny Creek Road at College Boulevard at Approximate Quantity and Unit LS Dollars (Lump Sum) Furnish and construct a 2-inch air release and vacuum relief valve assembly per Carlsbad Municipal Water District Standard Drawing No. W7-A at Dollars Each Furnish and construct a 2-inch manual air release (B.O.) assembly per Carlsbad Municipal Water District Standard Drawing No. W-6 at Unit Price LUMP SUM Total S ofi 3 EA $ •3/«5oQ $ A-10 A-11 Dollars Each Furnish and install 12-inch Resilient Wedge Gate Valve per Carlsbad Municipal Water District Standard Drawing No. W16at Dollars Each Provide and prepare drawings for SWPPP and BMP permits. Furnish and install erosion and water pollution control devices per approved shop drawing submittals at Dollars (Lump Sum) to. 4 EA $ LS LUMP SUM $ Addendum No. 2 Contract Nos. 50031, 50021,38441,39111, & 39151 Page 3 of 4 Pages Item No. Description A-12 Provide excavation safety measures including sheeting, shoring and bracing, or equivalent method for the protection of life and limb in trenches and open excavation in conformance with applicable safety orders at Approximate Quantity and Unit LS Dollars (Lump Sum) Total amount of bid in words (Items A-1 through A-12): •movJSAao . Unit Price LUMP SUM Total $ Total amount of bid (Item Nos. A-1 through A-12)i_ Addendum No. 2 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 4 of 4 Pages B-1 B-2 B-3 B-4 BID SCHEDULE B - ECR/KELLY DRIVE TO LISA STREET CONTRACT NOS. 38441 & 50021 Item No. Description Mobilization, demobilization, providing project sign, compliance with all General and Supplementary conditions and providing cleanup of construction site complete in place (Contract Nos. 38441 and 50021) at a lump sum amount not-to-exceed $30,000 at _ Dollars (Lump Sum) Perform exploratory excavations for underground utilities (Contract Nos. 38441 and 50021) at - eic>HT Dollars per Linear Foot Approximate Quantity and Unit LS Dollars (Lump Sum) Construct 12-inch diameter PVC pipe transmission main including fittings, excavation, backfill, cement slurry, compaction, aggregate base, imported sand, asphalt paving, and restriping (Contract Nos. 38441 and 50021) at Dollars per Linear Foot Remove existing 20-inch steel water line including removal and disposal of pipe, appurtenances, undesirable soils and over excavation of trench, backfill, compaction, plug end of pipe at Unit Price LUMP SUM Total $ 3*6 ,ooO ss. LS LUMP SUM $ V\,OOQ 2,200 LF $ IUS —S «*. 200 LF $$, eop Addendum No. 1 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 1 of 4 Pages Item No. Description B-5 B-6 Provide all necessary and required traffic control to perform construction in Bid Item No. 3 (Contract Nos. 38441 and 50021) at Approximate Quantity and Unit LS Unit Price LUMP SUM Total o* Dollars (Lump Sum) Construct the 8-inch PVC lateral (line B-1) and reconnect existing fire hydrant and water service at LS LUMP SUM Dollars (Lump Sum) B-7 Construct the connection to the existing 12-inch main at Kelly Drive and El Camino Real (Contract No. 50021) at B-8 Furnish and install 12-inch Gate Valve per Carlsbad Municipal Water District Standard Drawing No. W16 (Contract Nos. 38441 and 50021) at ft T >A.eofl>PcO\> B-9 Dollars Each Construct the connection to the existing 8-inch diameter transmission main in Lisa Street at El Camino Real (Contract No. 38441) at Dollars (Lump Sum) LS LUMP SUM 6EA $ "*,$ LS LUMP SUM $ Addendum No. 1 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 2 of 4 Pages Item No. Description B-1 0 B-1 1 B-1 2 B-1 3 Furnish and construct a 2-inch air release and vacuum relief valve assembly per Carlsbad Municipal Water District Standard Drawing No. W7-A (Contract Nos. 38441 and 50021) at Approximate Quantity and Unit 4EA Dollars Each Furnish and construct 2-inch Manual Air Release assembly (B.O.) per Carlsbad Municipal Water District Standard Drawing No. W-6 (Contract Nos. 38441 and 50021) at Dollars Each Bore and jack with steel casing including sending and receiving pits, groundwater removal, existing pipe removal, permitting (Contract No. 38441) at Dollars (Lump Sum) Provide and prepare drawings for SWPPP and BMP permits. Furnish and install erosion and water pollution control devices per approved shop drawing submittals (Contract No. 50021) at Dollars (Lump Sum) Unit Price Total $ 3EA $ofl $ \0 LS LUMP SUM LS LUMP SUM Addendum No. 1 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 3 of 4 Pages Item No. Description B-14 Provide excavation safety measures including sheeting, shoring and bracing, or equivalent method for the protection of life and limb in trenches and open excavation in conf ormance with applicable safety orders (Contract Nos. 38441 and 50021 ) at Approximate Quantity and Unit LS Unit Price LUMP SUM $ Total >,<»oo2 _ Dollars (Lump Sum) Total amount of bid in words (Items Nos. B-1 through B-14): Six K»u/s>ptc.ei\ Total amount of bid (Item Nos. B-1 through B-14): Lo8 .166 Addendum No. 1 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 4 of 4 Pages CARLSBAD MUNICIPAL WATER DISTRICT EL CAMINO REAL WATER SYSTEM PROJECTS CONTRACT NOS. 50031, 50021, 38441, 39111, & 39151 CONTRACTOR'S PROPOSAL Board of Directors Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Technical 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 Nos. 50031, 50021, 38441, 39111 & 39151 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: BID SCHEDULE A - ECR/JACKSPAR DRIVE TO COLLEGE BOULEVARD CONTRACT NO. 50031 Approximate Item Quantity Unit No. Description and Unit Price Total A-1 Mobilization, demobilization, LS LUMP SUM $ providing project sign, compliance with all General and Supplementary conditions and providing cleanup of construction site complete in place at lump sum amount not- to-exceed $30,000 Dollars (Lump Sum) A-2 Perform exploratory LS LUMP SUM $_ excavations for underground utilities (Contract No. 50031) at Dollars (Lump Sum) Revised 7/17/06 Contract Nos. 50031,50021,38441,39111, & 39151 Page 11 of 117 Pages Item No. Description A-3 Construct 12-inch diameter PVC pipe transmission main including fittings, excavation, backfill, cement slurry, compaction, aggregate base, imported sand, asphalt paving, restriping, reflective pavement markers, traffic loops, etc. Approximate Quantity and Unit 3.180LF $_ Unit Price Total Dollars per Linear Foot A-4 Remove existing 20-inch steel water line including removal and disposal of pipe, appurtenances, undesirable soils and over excavation of trench, backfill, no sand required, compaction, plug end of pipe at 800 LF $.$_ Dollars per Linear Foot A-5 Provide all necessary and required traffic control to perform construction in Bid Item Nos. 3 and 4 at LS LUMP SUM $_ Dollars (Lump Sum) A-6 Construct the connection to the existing 14-inch diameter transmission main along Jackspar Drive at El Camino Real at LS LUMP SUM $_ Dollars (Lump Sum) oRevised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 12 of 117 Pages Item No. Description A-7 Construct the connection to the existing 12-inch diameter transmission main along Sunny Creek Road at College Boulevard at Approximate Quantity and Unit LS Total LUMP SUM $. Dollars (Lump Sum) A-8 Furnish and construct a 2-inch air release and vacuum relief valve assembly per Carlsbad Municipal Water District Standard Drawing No. W7-A at 4EA $_$_ Dollars Each A-9 Furnish and construct a 2-inch manual air release (B.O.) assembly per Carlsbad Municipal Water District Standard Drawing No. W-6 at SEA $_$_ Dollars Each A-10 Furnish and install 14-inch or 12-inch Resilient Wedge Gate Valve per Carlsbad Municipal Water District Standard Drawing No. W16 at SEA $_$_ Dollars Each A-11 Provide and prepare drawings for SWPPP and BMP permits. Furnish and install erosion and water pollution control devices per approved shop drawing submittals at LS LUMP SUM $_ Dollars (Lump Sum) Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 13 of 117 Pages Item No. Description A-12 Provide excavation safety measures including sheeting, shoring and bracing, or equivalent method for the protection of life and limb in trenches and open excavation in conformance with applicable safety orders at Approximate Quantity and Unit LS Unit Price LUMP SUM Total $_ Dollars (Lump Sum) Total amount of bid in words (Items A-1 through A-12): Total amount of bid (Item Nos. A-1 through A-12)i. Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 14 of 117 Pages BID SCHEDULE B - ECR/KELLY DRIVE TO LISA STREET CONTRACT NOS. 38441 & 50021 Item No. Description 6-1 Mobilization, demobilization, providing project sign, compliance with all General and Supplementary conditions and providing cleanup of construction site complete in place (Contract Nos. 38441 and 50021) at a lump sum amount not-to-exceed $30,000 at Approximate Quantity and Unit LS Unit Price LUMP SUM Total $_ Dollars (Lump Sum) B-2 Perform exploratory excavations for underground utilities (Contract Nos. 38441 and 50021) at LS LUMP SUM $. Dollars (Lump Sum) B-3 Construct 12-inch diameter PVC pipe transmission main including fittings, excavation, backfill, cement slurry, compaction, aggregate base, imported sand, asphalt paving, and restriping (Contract Nos. 38441 and 50021) at 2,200 LF $_$_ Dollars per Linear Foot B-4 Remove existing 20-inch steel water line including removal and disposal of pipe, appurtenances, undesirable soils and over excavation of trench, backfill, compaction, plug end of pipe at 200 LF $_$. Dollars per Linear Foot Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 15 of 117 Pages Item No. Description B-5 Provide all necessary and required traffic control to perform construction in Bid Item No. 3 (Contract Nos. 38441 and 50021) at Approximate Quantity and Unit LS Total LUMP SUM $. Dollars (Lump Sum) B-6 Construct the 8-inch PVC lateral (line B-1) and reconnect existing fire hydrant and water service at LS LUMP SUM $_ Dollars (Lump Sum) B-7 Construct the connection to the existing 12-inch main at Kelly Drive and El Camino Real (Contract No. 50021) at B-8 Furnish and install 12-inch Gate Valve per Carlsbad Municipal Water District Standard Drawing No. W16 (Contract Nos. 38441 and 50021) at LS LUMP SUM $_ EA $.$_ Dollars Each B-9 Construct the connection to the existing 8-inch diameter transmission main in Lisa Street at El Camino Real (Contract No. 38441) at LS LUMP SUM $_ Dollars (Lump Sum) Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 16 of 117 Pages Item No. Description B-10 Furnish and construct a 2-inch air release and vacuum relief valve assembly per Carlsbad Municipal Water District Standard Drawing No. W7-A (Contract Nos. 38441 and 50021) at Approximate Quantity and Unit 4EA Unit Price Total $_$_ Dollars Each B-11 Furnish and construct 2-inch Manual Air Release assembly (B.O.) per Carlsbad Municipal Water District Standard Drawing No. W-6 (Contract Nos. 38441 and 50021) at 3EA $.$_ Dollars Each B-12 Bore and jack with steel casing including sending and receiving pits, groundwater removal, existing pipe removal, permitting (Contract No. 38441) at LS LUMP SUM $_ Dollars (Lump Sum) B-13 Provide and prepare drawings for SWPPP and BMP permits. Furnish and install erosion and water pollution control devices per approved shop drawing submittals (Contract No. 50021)at LS LUMP SUM $_ Dollars (Lump Sum) Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 17 of 117 Pages Item No. Description B-14 Provide excavation safety measures including sheeting, shoring and bracing, or equivalent method for the protection of life and limb in trenches and open excavation in conformance with applicable safety orders (Contract Nos. 38441 and 50021) at Approximate Quantity and Unit LS Total LUMP SUM $. Dollars (Lump Sum) Total amount of bid in words (Items Nos. B-1 through B-14):_ Total amount of bid (Item Nos. B-1 through B-14);. Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 18 of 117 Pages BID SCHEDULE C - ECR/CARLSBAD VILLAGE DRIVE PIPELINE CONTRACT NOS. 39111 Approximate Item Quantity No. Description and Unit Price Total n> C-1 Mobilization, demobilization, LS LUMP SUM $jo_ providing project sign, compliance with all General and Supplementary conditions and providing cleanup of construction site complete in place at a lump sum amount not-to-exceed $10,000 at Dollars (Lump Sum) oO C-2 Perform exploratory LS LUMP SUM excavations for underground utilities (Contract No. 39111) at Dollars (Lump Sum) s*.C-3 Construct 10-inch diameter 365 LF $ 386 PVC pipe transmission main including fittings, excavation, backfill, cement slurry, compaction, aggregate base, and asphalt paving, restriping, traffic control loops, etc., at VAvJNtMg.fi ts Dollars per Linear Foot C-4 Provide all necessary and LS LUMP SUM $ \o > ooQ required traffic control to perform construction in Bid Item No. 3 at Dollars (Lump Sum) Revised 7/17/06 Contract Nos. 50031, 50021,38441, 39111, & 39151 Page 19 of 117 Pages Item No. Description C-5 C-6 Construct the connection to the existing 10-inch diameter transmission main along Carlsbad Village Drive and west of El Camino Real at Dollars (Lump Sum C-7 Remove existing 10-inch ACP water line at Dollars per Linear Foot C-8 Construct the connection at the existing cross at the CVD/ECR intersection at Dollars (Lump Sum) C-9 Furnish and construct a 2-inch Manual Air Release assembly or air release and vacuum relief valve assembly per Carlsbad Municipal Water District Standard Drawing No. W-6orW-7Aat Dollars Each Approximate Quantity and Unit LS Dollars (Lump Sum) Construct the connection to the existing 10-inch diameter transmission main along Carlsbad Village Drive and east of El Camino Real at Unit Price LUMP SUM Total $ LS LUMP SUM S **, \eQ 350 LF $_ LS LUMP SUM $ 1 EA $ 6.HOP $OO oO Revised 7/17/06 Contract Nos. 50031, 50021, 38441,39111, & 39151 Page 20 of 117 Pages Item No. Description C-10 C-1 1 C-1 2 Furnish and install 10-inch resilient wedge gate valve per Carlsbad Municipal Water District Standard Drawing W16 at Approximate Quantity and Unit 2EA Dollars Each Provide and prepare drawings for SWPPP and BMP permits. Furnish and install erosion and water pollution control devices per approved shop drawing submittals at Dollars (Lump Sum) Provide excavation safety measures including sheeting, shoring and bracing, or equivalent method for the protection of life and limb in trenches and open excavation in conformance with applicable safety orders at Unit Price $ -3/000* Total $ (0,000"" «rO LS LUMP SUM LS LUMP SUM $ \,oQQ Dollars (Lump Sum) Total amount of bid in words (Item Nos. C-1 through C-12): Total amount of bid (Item Nos. C-1 through C-12):_ Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 21 of 117 Pages BID SCHEDULE D - TANGLEWOOD PRESSURE REDUCING STATION CONTRACT NOS. 39151 Item No. Description D-1 Mobilization, demobilization, providing project sign, compliance with all General and Supplementary conditions and providing cleanup of construction site complete in place at a lump sum amount not-to-exceed $10,000 at D-2 Approximate Quantity and Unit LS Dollars (Lump Sum) Construct new "Tanglewood" Pressure Reducing Station including interior valves, piping, etc., at Dollars (Lump Sum) D-3 Perform Traffic Control for Schedule D at •"C LS LS Unit Price LUMP SUM Total \0 LUMP SUM LUMP SUM °. Dollars (Lump Sum) D-4 Install all piping outside of vault including line C-1 and storm drain location at Dollars (Lump Sum) D-5 Install electrical and telemetry at - PW 6 Dollars (Lump Sum) LS LS LUMP SUM $ LUMP SUM $ M6tOO£> Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 22 of 117 Pages Item No. Description D-6 Remove existing Pressure Reducing Station located at Carlsbad Village Drive and El Camino Real at D-7 Approximate Quantity and Unit LS Dollars (Lump Sum) Provide excavation safety measures including sheeting, shoring and bracing, or equivalent method for the protection of life and limb in trenches and open excavation in conformance with applicable safety orders at LS Dollars (Lump Sum) Total amount of bid in words (Item Nos. D-1 through D-7):. Unit Price LUMP SUM Total LUMP SUM Total amount of bid (Item Nos. D-1 through D-7):OOP Total amount of bid in words including Schedule "A", Schedule "B", Schedule "C", and Schedule "D": OM& MIH-IOKJ gifev»r t4uMt><>&p ^g\>€Nrr^ *TV4ig.6g Total amount of bid in numbers including Schedule "A", Schedule "B", Schedule "C", and Schedule "D": » \ The basis of award will be the sum of all Schedules "A", "B", "C", & "D". Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). 3~ ^< ~>~ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the Carlsbad Municipal Water District will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 23 of 117 Pages 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 Board of Directors of the Carlsbad Municipal Water District, the District 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 ** ^ ^ "*•*••* _ , classification P\ _ which expires on •a. /u> /ot> _ , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the District 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 District § 7028.1 5(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 Board member, officer agent, or employee of the Carlsbad Municipal Water District 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 Board of Directors, 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 <e>'£^> g>ov*^P _ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. 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. Revised 7/17/06 Contract Nos. 50031, 50021,38441, 39111, & 39151 Page 24 of 117 Pages License Detail Page 1 of2 California Home Tuesday, October 10, 2006 License Detail Contractor License # 587920 CALIFORNIA CONTRACTORS STATE LICENSE BOARD 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 complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. • Per B&P 7071.17, only construction related civil judgments reported 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: 10/10/2006 * * *Business Information * * * J FLETCHER CREAMER & SON INC 12874 SAN FERNANDO RD SYLMAR, CA91342 Business Phone Number: (818) 367-9748 Entity: Corporation Issue Date: 02/06/1990 Expire Date: 02/29/2008 * * *License Status * * * This license is current and active. All information below should be reviewed. * * *Classifications {Class Description | A GENERAL ENGINEERING CONTRACTOR * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 687198 in the amount of $10,000 with the bonding company SURETY COMPANY OF THE PACIFIC. http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 10/10/2006 License Detail Page 2 of 2 Effective Date: 01/01/2004 j-»"" - Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(I): This license filed Bond of Qualifying Individual number 100006727 for TERRELL LYNN MARONEY in the amount of $7,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 12/27/2005 * * * Workers Compensation Information * * * This license has workers compensation insurance with the TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA Policy Number: RTC2JUB4683B30A06 Effective Date: 03/31/2006 Expire Date: 03/31/2007 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses License Number Contractor Name Personnel Name Request Request Request Salesperson Salesperson Request Name Request © 2006 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 10/10/2006 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 Number) City and State (4) Zip Code Telephone No. (5) E-Mail Revised 7/17/06 Contract Nos. 50031,50021,38441,39111, & 39151 Page 25 of 117 Pages IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted. (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business. City and State (4) Zip Code (5) E-Mail (Street and Number) Telephone No.. IF A CORPORATION. SIGN HERE: METCHER CREAMER & SON, INC. CONTRACTORS (1) Name under which business is conducted L 6IUWH.CA. 81342 (2).ll (Signature) (Title) Impress Corporate Seal here (Street and Number) (3) Incorporated under the laws of the State of (4) Place of Business City and State (5) Zip Code ^y**- _ Telephone No. (6) E-Mail "TtW,fluro<v.<''-\ eg NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Revised 7/1 7/06 Contract Nos. 50031 , 50021 , 38441 , 391 1 1 , & 391 51 Page 26 of 1 1 7 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. On Date personally appeared _ , 2(3oiftefore me, MCOtED. BYERS Commission #1591426 Notary Public -California Los Anoete* County MyComm.ixpimJun30.2aM Name and Title of Name(s) of Signer(s) A ^.personally known to me u proved to me on the basis of satisfactory evidence to be the person^)- whose namefs) ^-afe- subscribed to the within instrument and acknowledged to me toaKfie^sbe/they executed the same in .ms)hor/thoir- authorized capacity4ie&), and that by £Efc/ber/their signature^) on the instrument the person(9)ror the entity upon behalf of which the persort(6) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public; OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: 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 D Guardian or Conservator D Other: Signer Is Representing:_ . Number of Pages:. RIGHT THUMBPRINT OF SIGNER Top of thumb here © 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Reorder: Call Toll-Free 1-800-876-6827 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: Revised 7/17/06 Contract Nos. 50031,50021,38441,39111, & 39151 Page 27 of 117 Pages COMPANY OFFICERS & HOME ADDRESSES Comment [Kl]: CC'D JEANIE LANGAN/CHRIS VALIANTE 01/02/00 J. Fletcher Creamer, Jr.*** Joseph T. Walsh Glenn L. Creamer* Dale A. Creamer* John L. Martin George Kreis Anthony C. Suppa Christine Valiante Brad R. Jorrey Andrew C. Wood Estelle R. Marafino Juergen R. Hoheinz 158 Ashley Place Park Ridge, NJ 07656 23 Winding Brook Way Shrewsbury, NJ 07702 175 Chestnut Ridge Road Saddle River, NJ 07458 426 Airmount Avenue Ramsey, NJ 07446 3 Newark Avenue Westwood, NJ 07675 47 Mill Road Woodcliff Lake, NJ 07675 150 Glengarry Lane Hainesport, NJ 08036 201 Yorktown Blvd. Hammonton, NJ 08037 RD #2, Box 755 Bart Bull Road Middletown, NY 10940 40 Sheffield Road Summit, NJ 07901 41 Van Orden Road Harrington Park, NJ 07640 250 Kipp Avenue Hasbrouck Heights, NJ 07604 Chief Executive Officer President Executive Vice President Vice President/Assistant Treasurer Treasurer Vice President of Operations Vice President/Assistant Secretary Assistant Secretary Vice-President-Heavy Construction Chief Financial Officer Corporate Secretary Assistant Secretary Incorporated Under The Laws of the State of New Jersey June 16, 1954 *Board of Directors **These individuals own 10% or more of the stock of J. Fletcher Creamer & Son, Inc. BID SECURITY FORM (Check to Accompany Bid) EL CAMINO REAL WATER SYSTEM PROJECTS CONTRACT NOS. 50031, 50021, 38441, 39111, & 39151 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a 'Certified *Cashiers check payable to the order of CARLSBAD MUNICIPAL WATER DISTRICT, 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 District provided this proposal shall be accepted by the District 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 District 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.) Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 28 of 117 Pages BIDDERS BOND TO ACCOMPANY PROPOSAL EL CAMINO REAL WATER SYSTEM PROJECTS CONTRACT NOS. 50031,50021,38441, 39111, & 39151 KNOW ALL PERSONS BY THESE PRESENTS: That we, J. Fletcher Creamer & Son, Inc. t as Principal, and Safeco Insurance Company of America as Surety are held and firmly bound unto the Carlsbad Municipal Water District, Carlsbad, California! in an amount as follows: (must be at least ten percent (10%) of the bid amount) Ten Percent of the Amount Bid (10%) for which payment, well and truly made, we bind ourselves, pur 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- boundeh Principal for: EL CAMINO REAL WATER SYSTEM PROJECTS CONTRACT NOS. 50031,50021,38441,39111, & 39151 in the City of Carlsbad, is accepted by the Board of Directors, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the Board of Directors, Carlsbad Municipal Water District of the City of Carlsbad, duly notified of said award, then this obligation shall 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 District. Revised 7/17/06 Contract Nos 50031, 50021, 38441, 39111, & 391S1 Page 29 of 117 Pages In 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 PRINCIPAL this 3rd day of October PRINCIPAL: J. Fletcher jSreamer & ! here)J. FLETCHER CREAMER, JR. (print name heGHIEF EXECUTIVE OFFICER FCHER (Title and Organization of (print name here) _ J. FLETCHER CREAMER & SON INC. (title and organization of signatory) _, 20.06. Executed by SURETY this. of October 3rd _, 2006 . .day SURETY: Safeco Insurance Company of America (name of Surety) 1200 MacArthur Blvd. Mahwah. NJ 07430 (address of Surety) 201-327-7447 (telephone number of Surety) By. G~ (signature of Attorney-in-Fact) Ann Marie Keane, Attorney-in-Fact (printed name of Attomey-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL 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 R. BALL General Counsel Deputy General Counse Revised 7/17/06 Contract Nos. 50031,50021, 38441,39111, & 39151 Page 30 of 117 Pages Safeco SAFECO SURETY CONSENT OF SURETY SURETY AGREEMENT ON PROPOSAL OF J. FLETCHER CREAMER & SON, INC. The SAFECO INSURANCE COMPANY OF AMERICA duly authorized to transact business in the State of CA hereby consents and agrees that if the accompanying proposal of J. FLETCHER CREAMER & SON, INC. to CITY OF CARLSBAD for El Camino Real Water Systems Projects, Contract Nos. 50031, 50021, 38441, 39111,& 39151 be accepted and contract awarded to it, the said SAFECO INSURANCE COMPANY OF AMERICA will become bound, as Surety, and will execute bond in the amount and form called for by CITY OF CARLSBAD conditioned for the proper and faithful fulfillment of said contract. Dated this 3rd day of October, 2006. SAFECO INSURANCE COMPANY OF AMERICA BY:C-M Ann Marie Keane, Attorney in Fact CORPORATE ACKNOWLEDGMENT Form 152 STATE OF NEW JERSEY COUNTY OF Bergen On this 3rd day of October, 2006 before me personally came J. Fletcher Creamer, Jr. to me known, who, being by me duly sworn, did depose and say that he/she resides in Park Ridge, NJ that he/$K$ JS the Chief Executive Officer of 1. FLETCHER CREAMER SE SON. INC. rhe corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order. (SEAL) 3AFFAELLA BELLINI OTARY PUBLIC STATE OF NEW JERSEY '1M1SSIONEXPIRESSEPI2Q.2Q07 "92025 SURETY ACKNOWLEDGMENT Form 152 STATE OF NEW JERSEY COUNTY OF MORRIS On this 3rd day of October, 2006 before me personally came ANN MARIE KEANE to me known, who, being by me duly sworn, did depose and say that she resides in PARS1PPANY, NEW JERSEY that she is the ATTORNEY-IN-FACT of the SAFECO INSURANCE COMPANY OF AMERICA the corporation described in and which executed the above instrument; that she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she signed her name thereto by like order. (SEAL) NOTARY^ DARLENEJ.BbbI NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES FEB. J6.2011 Safeco SAFECO INSURANCE COMPANY OF AMERICA FINANCIAL STATEMENT — DECEMBER 31,2005 Liabilities Unearned Premiums S 711,109,820 Reserve for Claims and Claims Expense 1,620,267,753 Funds Held Under Reinsurance Treaties 78,827 Reserve for Dividends to Policyholders 854,045 Additional Statutory Reserve Reserve for Commissions, Taxes and Other Liabilities 938.766.902 Total $3,271,077,347 Capital Stock S 5,000,000 Paid in Surplus 240,451,979 Unassigned Surplus 952.422.507 Surplus to Policyholders 1.197.874.486 Total Admitted Assets S4.468.9S1.833 Total Liabilities and Surplus S4.468.951.833 Bonds are stated at amortized or investment value; Stocks at Association Market Values. Securities carried at $137,852,392 are deposited as required by law. Assets Cash and Bank Deposits S 84,906,669 *Bonds — U.S Government 242,950,999 *Other Bonds 2,682,145,557 *Stocks 428,624,237 Real Estate 9,291,339 Agents' Balances or Uncollected Premiums 629,634,432 Accrued Interestand Rents 40,360,895 Other Admitted Assets 351.037.705 I, MICHAEL C. PETERS, President, Surety, Safeco Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2005, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 1st day of March, 2006. President, Surety S-12623 3/06 Safeco and the Safeco logo are registered trademarks of Safeco Corporation POWER OF ATTORNEY Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 No. 12795KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ************ANN MARIE KEANE; THOMAS G. PIEGARI; ROBERT S. RAPP, JR.; Parsippany, New Jersey*•#***##*###*# its true and lawful attomey(s)-in-fact, 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 March 2006 STEPHANIE DALEY-WATSON.SECRETARY MIKE PETERS. PRESIDENT. SURETY 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 Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-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 its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking 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 be necessary to the validity of any such instrument 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, (') The provisions of Article V, Section 13 of the By-Laws, and (») A copy of the power-of-attomey 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, Stephanie Daley-Watson , 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 3rd day of October 2006 S-0974/DS 4/05 STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF Company Profile Page 1 of 2 Company Profile SAFECO INSURANCE COMPANY OF AMERICA SAFECO PLAZA SEATTLE, WA 98185-0001 800-332-3226 Former Names for Company Old Name: SELECTIVE AUTO & F INS CO AMER Effective Date: 11 -02-1953 Agent for Service of Process MICHAEL CARROLL, 120 VANTIS SUITE 130 ALISO VIEJO, CA 92656-2624 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 24740 NAIC Group #: Q163 California Company ID #: 1442-3 Date authorized in California: October 07, 1953 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty •~~ State of Domicile: 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 MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_pr... 10/10/2006 Company Profile Page 2 of2 WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents [xj Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - September 29, 2006 02:03 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_pr... 10/10/2006 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged to review the definitions in section 1-2 of the SSPWC ("Greenbook") and in 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." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions. CAUTIONS This form 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 otherwise to be preformed 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 whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom 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, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) 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. The Designation of Subcontractors form 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. 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 or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- 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 installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the District of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Revised 7/17/06 Contract Nos. 50031. 50021, 38441, 39111, & 39151 Page 31 of 117 Pages Determination of the subcontract amounts for purposes of award of the contract shall be determined by the Board of Directors of the Carlsbad Municipal Water District in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the Board of Directors shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. 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. Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 32 of 117 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS EL CAMINO REAL WATER SYSTEM PROJECTS CONTRACT NOS. 50031,50021, 38441, 39111, & 39151 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract 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 one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) 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. SUBCONTRACTOR'S BID ITEMS Portion of Work* *\«.9Vi*u-r CbVe£>a^ +, C-P»«» «>-r<*3.V3>H3 T**CX «*. ^oK^e. vi. w'e c^r <vcc — Subcontractor Name and Location of Business ftvv rvor\e <vrsxiwO fVbPxVtHNJV Oo'pJJxvi^ f CP< V*Fv\co ^»S>TiC3:«\vrrxsf*_S c. *v*.v.«t M-x?b-TO>. , c-<x /^vJALA So«.\NJ6. FviMTAMA CA1 fv^AL &M*c.Tie.\eL ?ftwtA>f CA ' Subcontractor's License No. and Classification ->unon^ aa% ^'"V ^* <S 5T7 •fcoasfcK Amount of Work by Subcontractor In Dollar** * 143, in ^ ^ \<\/ono *- * 11,500 " *3L./.CO «* Page . pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids.' Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 33 of 117 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) EL CAMINO REAL WATER SYSTEM PROJECTS CONTRACT NOS. 50031, 50021,38441, 39111, & 39151 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 District to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address of the Employer S££- tvrr Name and Phone No. of Person to Contract «\OVVe3> V.tL<£V~ Type of Work Amount of Contract Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 34 of 117 Pages JFC Son Recently Completed Projects Project 6" PVC & 36" Cml&c Pipelin Iwy 110 CCTV Improvemenl 24,701'of 8" to 12" Watermain Replacement Install 8" Hdpe Slip Lining Owner Inland Impire Utility Agency 6075 Kimball Ave. Bldg. B Chino, Ca. 91710 (909) 993-1600 Caltrans 14620 Carmenita Rd Norwalk, Ca. 90650 (562) 926-2945 City of Oxnard 305 W. 3rd Street Oxnard, Ca. 98030 (805) 385-7820 City of Corona 730 Corporation Yard Corona, Ca. 92882 (909) 279-3675 Contact Value Date Completed Gabe De Saddi $ 2,344,857.00 March , 2005 Paul Wang $ 3,678,999.00 April, 2005 Lou Balderrama $ 2,289,529.00 March, 2005 Eric Schoenen $ 266,875.00 May, 2004 Relocate Wet & Dry Utilities idergound Service Conversi Port of Long Beach 925 Harbor Plaza Long Beach, Ca. 90802 (562)901-1755 City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 (760)346-0611 Thomas Baldwin $ 3,826,997.00 May, 2003 PatConlin $1,982,806.00 March, 2004 24" Hdpe by Pipe Bursting Ea Pressure Reducing Statii 35,000 If of 8" to 20" Dip Reclaimed Watermain Padre Dam MWD 10887 Woodside Ave. Santee, Ca. 92071 (619)448-3111 Padre Dam MWD 10887 Woodside Ave. Santee, Ca. 92071 (619)448-3111 City of San Luis Obispo 955 Morro Street San Luis Obispo, Ca.93401 (805) 781-7220 Dan Black $ 1,985,725.00 September, 2004 Al Lau $ 1,090,000.00 September, 2004 John Moss $ 5,024,528.00 June, 2004 30" Reservoir Piping Otay Water District 2554 Sweetwater Springs Spring Valley, Ca. 91978 (619)670-2725 Randy Klaasen $ 1,126,323.00 April, 2004 JFC Son Recently Completed Projects Clean & Line 24" to 36" Steel Watermains Clean & Line 10" DIP Watermains Install 12,663 If of 24" to 36" Recycled Watermain Adjust Manholes & Test Sewer ^lean & Line Small Diamete Dip Watermains 54,000 If of 8" to 16" Recycled Watermains 45,000 If of 20" Steel Watermains 16,860 If of 30" Ductile Iron Watermains Clean & Line Watermains ,690lfof36"HdpeSlipLinir ,476 If of 18"&24"Waterm; Installation Livermore-Amador Valley Water Agency P.O. Box 2945 Dublin, Ca. 94568 (925)551-4841 City of Anaheim P.O. Box 3222 Anaheim, Ca. 92803 Inland Impire Utility Agency 6075 Kimball Ave. Bldg. B Chino, Ca. 91710 (909) 993-1600 Inland Impire Utility Agency 6075 Kimball Ave. Bldg. B Chino, Ca. 91710 909-993-1600 L.A. Dept. of Water & Power 111 North Hope St. Los Angeles, Ca. 90012 (213)367-1039 City of Carlsbad 5950 El Camino Real Carlsbad, Ca. 92008 (760) 602-2780 Mojave Water Agency 22450 Headquarters Dr. Apple Valley, Ca. 92307 (760) 240-9201 Inland Impire Utility Agency 6075 Kimball Ave. Bldg. B Chino, Ca. 91710 (951)993-1625 LADWP 111 North Hope Street Los Angeles, Ca. 90012 (213)367-1039 LADWP 111 North Hope Street Los Angeles, Ca. 90012 (213)367-1039 Eastern Municipal Water District 2270 Trumble Road P.O. Box 8300 Vivian Housen $ 4,287,373.00 July, 2005 RudyEmami $ 271,121.10 May, 2005 Mike McFarland $3,181,336.00 November, 2005 Clyde McNeil $ 139,615.00 September, 2005 WilfredoPaz $1,786,653.00 May, 2005 Bill Lopez $ 8,775,466.00 August, 2006 Mike Limbaugh $ 3,726,433.94 January, 2006 Scott Johnson $ 3,760,000.00 September, 2006 WilfredoPaz $2,361,000.00 June, 2006 WilfredoPaz $ 941,515.00 July, 2006 Gabe Necochea $ 8,447,000.00 JFC Son Recently Completed Projects 42" Jack & Bore Across Euclid Avenue Clean & Cement Line 4"to16"Waterlines Perris, Ca. 92572-8300 (951)928-6110 Inland Empire Utility Agency 6075 Kimball Ave. Chino, Ca. 91710 (909)993-1625 LADWP 111 North Hope Street Los Angeles, Ca. 90012 213-367-1078 Scott Johnson $ 465,638.00 KathyHirata $ 3,220,986.00 Street Widening & 36" Steel Waterline 8" & 12" DIP Watermians 3,900' of 8" PVC Watermain City of Carlsbad 5950 El Camino Real Carlsbad, Ca. 92008 (760) 602-2780 City of Riverside 3900 Main Street Riverside, Ca. 92522 Elsinore Water Distict c/o:Water 3 Engineering, Inc. 15510-C Rockfield Boulevard Suite 200 Irvine, Ca. Paul Mochel $ 4,348,237.00 858-385-0500 Richard Drobek $720,785.00 951-826-5304 Tricia Butler $631,811.00 949-587-1700 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) EL CAMINO REAL WATER SYSTEM PROJECTS CONTRACT NOS. 50031, 50021, 38441, 39111, & 39151 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. Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 35 of 117 Pages ACORD,. nFRTIFIHATEOFI IARII 1 PRODUCER INSURED 877-945-7378 Willis North America, Inc. 26 Century Blvd. P. 0. Box 305191 Nashville, TN 372305191 J. Fletcher Creamer & Son, Inc. 12874 San Fernando Road Sylmar, CA 91342 ! TY INSURANCE Page 1 of 3 11/2D0A/2006 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 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: Travelers Property Casualty Company of Am INSURERS: Continental Casualty Company INSURER C: INSURER D: INSURER E: NAIC# 31194-002 20443-001 COVERAGES 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. INSRLTR A A B A A ADD'LNSRD X X TYPE OF INSURANCE GENERAL LIABILITY X ! COMMERCIAL GENERAL LIABILITY 1 CLAIMS MADE | X 1 OCCUR X X,C,U X ielk. Contractual Liab GEN'L AGGREGATE LIMIT APPLIES PER:n i 1 PRO 1 1POLICY | X 1 JECT 1 1 LOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY X 1 OCCUR | J CLAIMS MADE DEDUCTIBLE X RETENTION S 1 0 , 0 0 ( WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER POLICY NUMBER RTC2JC08073B106TIL06 RTC2JCAP2398A397TIL06 L2084594515 RTC2JUB4683B30A06 RTRJUB4707B00006 POLICY EFFECTIVEDATEIMM/DD/YY) 3/31/2006 3/31/2006 3/31/2006 3/31/2006 3/31/2006 POLICY EXPIRATIONDATE(MM/DD/YY) 3/31/2007 3/31/2007 3/31/2007 3/31/2007 3/31/2007 LIMITS EACH OCCURRENCE DAMAGE TO RENTEDPREMISES (Ea occurence) MED EXP (Any one person) PERSONAL &ADV IN JURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY(Per accident) PROPERTY DAMAGE(Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EAACC AGG EACH OCCURRENCE AGGREGATE „ WC STATU-X TORY LIMITS OTH-ER E.L EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ 1,000,000 $ 1,000,000 $ 10,000 $ 1,000,000 $ 2,000,000 $ 2,000,000 S 1,000,000 $ $ $ $ $ $ S 10,000,000 I 10,000,000 $ $ $ $ 1,000,000 $ 1,000,000 $ 1,000,000 JFC Job #06-6531 - El Camino Real Potable Water System Projects Bid No. PWS07-02KNG - Project No. 50031, 50021, 38441, 39111 & 39151 Insurance Company: Travelers Property Casualty Company of America. CERTIFICATE HOLDER CANCELLATION[ City of Carlsbad1635 Faraday Avenue Carlsbad, CA 92008-7314 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL BHIUUBKXKMAIL 3 ° DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFTXfiWXflHJHUHfflHSCSBUiLL DaiHa}tHXiKHaMBK*Hp™fiia«X3£24XKK|kl3CS^ AlRHORIZEljREPMSENTATIVE ^ / / x. / 7p> / -4^^L./ A^ — t--r ACORD 25 (2001/08)Coll:1810934 Tpl:479756 Cert:8091253 ©ACORD CORPORATION 1988 WllllS CERTIFICATE OF LIABILITY INSURANCE Page 2 of 3 n/^ooe ^PRODUCER 877-945-7378 Willis North America, Inc. 26 Century Blvd. P. O. Box 305191 Nashville, TN 372305191 INSURED j Fletcher creamer & Son, Inc. 12674 San Fernando Road Sylmar, CA 91342 ! 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 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: Travelers Property Casualty Company of Am INSURERS: Continental Casualty Company INSURER C: INSURER D: INSURER E: NAIC# 31194-002 20443-001 City of Carlsbad, its Officials, Employees and Volunteers are named as Additional Insured on the General Liability and Auto Liability policy as respects operations of the Named Insured. It is further agreed that such insurance as is afforded shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by City of Carlsbad. It is understood and agreed that the company Waives its right of Subrogation against City of Carlsbad which may arise by reason of a payment of claim under the General Liability, Auto Liability and Workers Compensation policies. Coll:1810934 Tpl:479756 Cert:8091253 Page 3 of 3 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. ACORD25(2001/08) Coll: 1810934 Tpl:479756 Cert:8091253 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy) This endorsement effective 12:01 AM 3/31/2006 forms a part of Policy No. RTC2JUB4683B30A06 Issued to J. Fletcher Creamer & Son, Inc. By Travelers Property Casualty Company of America Premium Included We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule City of Carlsbad Countersigned by. Authorized Representative This form is not applicable in California, New Jersey, or Texas. WC 00 03 13 Copyright 1988 National Council on Compensation Insurance (Ed. 4/84) COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY - CONTRACTORS COVERAGE PART 1 i 1. WHO IS AN INSURED - (Section II) is amended to include any person or organization you are re- quired to include as an additional insured on this policy by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the toss for which cover- age is sought. The person or organization does not quality as an additional insured with respect to the independent acts or omissions of such person or organization Trie person or organization is only an additional insured with respect to liability caused by "your work" for that additional insured. 2. The insurance provided to the additional insured is limited as follows: a) In the event that the limits of Sabiiily stated in the policy exceed the limits of liability required by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought, the insurance provided by this endorsement shall be limited lo the limits of liability required by such contract 01 agreement. This endorsement shall not in- crease the limits stated in Section IH - LIMITS OF INSURANCE. b) The insurance provided to Iho additional in- sured does not apply to "bodily injury", 'prop- erty damage", "personal injury* or "advertising Injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: I. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifi- cations; and II. Supervisory or inspection activities per- fornied as part of any related architectural or engineering activities. 4. 5. c) This insurance does not apply to "bodily in- jury" or "property damage" caused by "your work" included in the "products-completed operations hazard" unless you are required to provide such coverage for the additional in- sured by a written contract or written agree- ment in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought and then only for the period of time required by such con- tract or agreement and in no event beyond the expiration date of the policy. Subpart (1)(a) of the Pollution exclusion under Paragraph 2., Exclusions of Bodily Injury and Property Damage Liability Coverage (Section I - Coverages) does not apply to you if the "botfly injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at (he time "your work" is performed, Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, con- tingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior fo the loss for which coverage is sought specifically requires that this insurance apply on a primary or non-contributory basis. When this in- surance is primary and there is other insurance available to the additional insured from any source, we will share with that other insurance by the method described in the policy. As a condition of coverage, each additional insured must: a.) Give us prompt written notice of any "occur- rence" or offense which may result in a claim and prompt written notice of "suit". CG D2 46 10 02 Copyright, The Travelers Indemnity Company, 2002 Page t of 2 COMMERCIAL GENERAL LIABILITY b.) immediately forward all legal papers to us, cooperate in One investigation or settlement of the claim or defense against the "suit,* and otherwise comply with policy conditions. c.) Tender the defense and indemnity of any claim or "suit" to any other insurer which also insures against a loss we cover under this endorsement. This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For purposes of this requirement, the term "Insures against" refers lo any self-insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that Bw insurer provide the additional insured with a defense and/or indemnity under that poltcy of insurance. d.) Agree to mate available any other insurance that (he additional insured has for a loss we cover under this endorsement. Page 2 of 2 Copyright. The Travelers Indemnity Company. 2002 CGD2461002 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident", provided that the "accident" arises out of operations contem- plated by such contract. The waiver applies only to the person or organization designated in such contract. CA T3 40 02 99 Page 1 of 1 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) EL CAMINO REAL WATER SYSTEM PROJECTS CONTRACT NOS. 50031, 50021, 38441, 39111, & 39151 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? 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 debarments. party debarred party debarred agency agency period of debarment period of debarment AREICHER CREAMER & SON, INC. BY CONTRACTOR: CONTRACTORS 12874 SAN FERNANDO RD. I SYLMAH.CA. 91342 (name of Contractor) By:. (sign here) Terrell Maroney (print name/title) Page . of pages of this Re Debarment form Revised 7/17/06 Contract Nos. 50031, 50021,38441, 39111, & 39151 Page 36 of 117 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) EL CAMINO REAL WATER SYSTEM PROJECTS CONTRACT NOS. 50031, 50021, 38441, 39111, & 39151 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? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? 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? 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? 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 therefore. (If needed attach additional sheets to provide full disclosure.) Page ^— of ^" pages of this Disclosure of Discipline form Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 37 of 117 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) EL CAMINO REAL WATER SYSTEM PROJECTS CONTRACT NOS. 50031, 50021, 38441, 39111, & 39151 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.) (name of Contractor) By: (sign here) Terrell Maroney, (print name/title) Page ~*~ of ^- pages of this Disclosure of Discipline form Revised 7/17/06 Contract Nos. 50031,50021,38441, 39111, & 39151 Page 38 of 117 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 EL CAMINO REAL WATER SYSTEM PROJECTS CONTRACT NOS. 50031, 50021, 38441, 39111, & 39151 State of California ) ) ss. County of 5, v-i xv\ u -fr.0^ €X _ , being first duly sworn, deposes (Name of Bidder) and says that he or she is _ fri-tvg-xx rr\ o> >3 y\fe*aJfc- (Title) Of _ "3"- (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 penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the 'Z-Q**- day of *b tL-PT'evMse-*— _ , 200 ^ . Signature of Bidder Terrell Maroney Subscribed and sworn to before me on the O day of UC&Y _ , 20 <NOTARYSEAL) Signature of Notary Revised 7/17/06 Contract Nos. 50031,50021,38441, 39111, & 39151 Page 39 of 117 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ ss. On A Date personally appeared _ me, MCOLE D. BVHB Commteton* 1591426 Notary Pubflc - CaHfocnta lot Ano«lw County blic") Name(s) of Signers) \ vj 1[^personally known \.o<me D proved to me on the basis of satisfactory evidence to be the personfef whose name(s) QJi/are- subscribed to the withjfl instrument and acknowledged to me that<Q^shs/they executed the same in dii^/her/ttreir authorized capacitypes^r and that by 4iife/h€T/ttTeir- signature(s} on the instrument the person(s)ror the entity upon behalf of which the personfs^ acted, executed the instrument. WITNESS my hand and official seal. v JL Signatureof^ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: 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 D Guardian or Conservator D Other: Signer Is Representing:_ Number of Pages: RIGHT THUMBPRIN1 OF SIGNER Top of thumb here & 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Reorder: Call Toll-Free 1-800-B76-6B27 City of Carlsbad Public Works September 26, 2006 ADDENDUM NO. 1 RE: EL CAMINO REAL POTABLE WATER SYSTEM PROJECTS BID NO. PWS07-02ENG, CONTRACT NO. 50031, 50021, 38441, 39111, 39151 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Buyer Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 JtRJETCHER CREAVER & SON, INC. CONTRACTORS 12874 SAN FERNANDO RD. 91342 Bidder's Signature Terrell Maroney 1635 Faraday Avenue • Carlsbad, CA 92OO8-7314 • (76O) 602-273O • FAX (760) 602-8562 CARLSBAD MUNICIPAL WATER DISTRICT EL CAMINO REAL WATER SYSTEM PROJECTS Contract Nos. 50031, 50021, 38441, 39111 & 39151 Addendum No. 1 From" David Ahles, Project Manager Phone: (760)602-2748 Fax: (760) 602-8562 No. of Pages: 1 (including this page) Date: September 26, 2006 Bid Opening Date: October 3, 2006 2:00 pm (No change) A. CONTRACTOR'S PROPOSAL SCHEDULE "B", (Page 16 of 117), Change the following: Item B-8 Approximate Quantity and Unit shall be "6 EA". (A new bid schedule is attached to this addendum and must be submitted as part of the bid). Contract No. 50031, 50021, 38441, 39111, 39151 Page 1 of 1 Pages Addendum No. 1 BID SCHEDULE B - ECR/KELLY DRIVE TO LISA STREET CONTRACT NOS. 38441 & 50021 Item No. Description B-1 Mobilization, demobilization, providing project sign, compliance with all General and Supplementary conditions and providing cleanup of construction site complete in place (Contract Nos. 38441 and 50021) at a lump sum amount not-to-exceed $30,000 at Approximate Quantity and Unit LS Unit Price LUMP SUM Total $. Dollars (Lump Sum) B-2 Perform exploratory excavations for underground utilities (Contract Nos. 38441 and 50021) at LS LUMP SUM $_ Dollars (Lump Sum) B-3 Construct 12-inch diameter PVC pipe transmission main including fittings, excavation, backfill, cement slurry, compaction, aggregate base, imported sand, asphalt paving, and restriping (Contract Nos. 38441 and 50021) at 2,200 LF $_$. Dollars per Linear Foot B-4 Remove existing 20-inch steel water line including removal and disposal of pipe, appurtenances, undesirable soils and over excavation of trench, backfill, compaction, plug end of pipe at 200 LF $_$_ Dollars per Linear Foot Addendum No. 1 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 1 of 4 Pages Item No. Description B-5 Provide all necessary and required traffic control to perform construction in Bid Item No. 3 (Contract Nos. 38441 and 50021) at Approximate Quantity and Unit LS Unit Price LUMP SUM Total $_ Dollars (Lump Sum) B-6 Construct the 8-inch PVC lateral (line B-1)and reconnect existing fire hydrant and water service at LS LUMP SUM $_ Dollars (Lump Sum) B-7 Construct the connection to the existing 12-inch main at Kelly Drive and El Camino Real (Contract No. 50021) at B-8 Furnish and install 12-inch Gate Valve per Carlsbad Municipal Water District Standard Drawing No. W16 (Contract Nos. 38441 and 50021) at LS LUMP SUM $_ 6 EA $_$. Dollars Each B-9 Construct the connection to the existing 8-inch diameter transmission main in Lisa Street at El Camino Real (Contract No. 38441) at LS LUMP SUM $_ Dollars (Lump Sum) Addendum No. 1 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 2 of 4 Pages Item No. Description B-10 Furnish and construct a 2-inch air release and vacuum relief valve assembly per Carlsbad Municipal Water District Standard Drawing No. W7-A (Contract Nos. 38441 and . 50021) at Approximate Quantity and Unit 4EA Total $.$_ Dollars Each B-11 Furnish and construct 2-inch Manual Air Release assembly (B.O.) per Carlsbad Municipal Water District Standard Drawing No. W-6 (Contract Nos. 38441 and 50021) at SEA $.$_ Dollars Each B-12 Bore and jack with steel casing including sending and receiving pits, groundwater removal, existing pipe removal, permitting (Contract No. 38441) at LS LUMP SUM $_ Dollars (Lump Sum) B-13 Provide and prepare drawings for SWPPP and BMP permits. Furnish and install erosion and water pollution control devices per approved shop drawing submittals (Contract No. 50021) at LS LUMP SUM $_ Dollars (Lump Sum) Addendum No. 1 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 3 of 4 Pages Item No. nesnription B-14 Provide excavation safety measures including sheeting, shoring and bracing, or equivalent method for the protection of life and limb in trenches and open excavation in conf ormance with applicable safety orders (Contract Nos. 38441 and 50021) at Approximate Quantity and Unit LS Unit ric Total LUMP SUM $_ Dollars (Lump Sum) Total amount of bid in words (Items Nos. B-1 through B-14):_ Total amount of bid (Item Nos. B-1 through B-14)i_ Addendum No. 1 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 4 of 4 Pages C i t y o f G a r Is bad Public Works September 28, 2006 ADDENDUM NO. 2 RE: EL CAMINO REAL POTABLE WATER SYSTEM PROJECTS, PROJECT NO.: 50031,50021,38441,39111,39151 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: October 10, 2006 Time remains the same: 2:00 p.m. This addendum-receipt acknowledged-must be included to your bid when your bid is submitted. KEVIN DAVIS Buyer I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 Bidder's Signature Terrell Maroney 1635 Faraday Avenue • Carlsbad, CA 92OO8-7314 • (760) 602-2730 • FAX (760) 6O2-8562 CARLSBAD MUNICIPAL WATER DISTRICT EL CAMINO REAL WATER SYSTEM PROJECTS Contract Nos. 50031, 50021, 38441, 39111 & 39151 Addendum No. 2 From: David Ahles, Project Manager Phone: (760)602-2748 Fax: (760) 602-8562 No. of Pages: 3 (including this page) Date: September 28, 2006 Bid Opening Date: October 10, 2006 2:00 pm (New date) A NOTICE INVITING BIDS, (Page 7 of 117), Change the following: Change first sentence from "Until 2:OOPM on October 3, 2006..." to Until 2:OOPM on October 10, 2006..." B. CONTRACTOR'S PROPOSAL SCHEDULE "A", (Page 13 of 117), Change the following: Item A-10 Description shall be Furnish and install 12-inch Resilient Wedge Gate Valve per CMWD Standard Drawing No. W-6 at Dollars Each" Approximate Quantity and Unit shall be "4 EA". (A new bid schedule is attached to this addendum and must be submitted as part of the bid). C. TECHNICAL SPECIFICATION, SECTION 02130, Part 2.6 Temporary Paving (Page 3 of 4), Delete the following: Delete the last sentence from the first paragraph from part 2.6 D. TECHNICAL SPECIFICATION, SECTION 02223, Part 1.4 Geotechnical Testing (Page 1 of 10), Change the following: First sentence from the first paragraph of Part 1.4 shall read "District shall engage the services of a geotechnical engineering fire ". Delete the following: Delete the last paragraph from Part 1.4 "F". Contract No. 50031, 50021, 38441, 39111, 39151 Page 1 of 3 Pages Addendum No. 2 E. DRAWINGS C-1 (Sheet 5 of 30), Change the following: Change the Note at Station 10+00 by deleting the installation of the 14" RWGV to the North as shown on detail sheet C-8. F. DRAWINGS C-7(Sheet 11 of 30), Change the following: Change the Storm Drain note from "Construct 12" Drain pipe, see profile above right" to "Construct 24" Drain pipe, see profile above right". Change the following: Change the note at Station 1+43.76 from "Install 12" PC RWGV per CMWD Std. Dwg. No. W16 to "Install 10" PC RWGV per CMWD Std. Dwg. No. W16". G. DRAWINGS C-9, Detail 1 (Sheet 13 of 30), Delete the following: On the Proposed Condition Detail delete item No. 19 and the note" Existing 10" AC pipe to remain. H. Questions submitted to the District in writing, with our responses: Question No. 1: Sheet #25 (T-6) on plans, shows Video Detection need at the intersection of Kelly @ El Camino Real (Contractor Shall Install Video Detection to Maintain Full Actuation during this Phase). The traffic loops at this intersection will not be disturbed by construction. Do we need to install video detection? Response: Yes, for the Kelly Dr. leg. Since the left turn lane is closed the loop can not be actuated by the cars, but you can still make a left turn. The video for the Kelly leg will allow the signal to detect when a car is waiting to make a left turn on to El Camino Real. Question No. 2: For pavement replacement, if asphalt is to be replaced to the same thickness as existing, and it is thicker than 8", does it still require 22" of base material? Can the base thickness be reduced for the additional thickness of asphalt? Can a deep lift asphalt paving section be used in lieu of base? If so what additional thickness of asphalt would be required in lieu of base? Response: All bids should be based on 8" AC and 22" of Class 2 Base. No deep lift section in lieu of base. If existing AC is deeper than 8-inches the District reserves the right to adjust the structural section based on subgrade conditions. Contract No. 50031, 50021, 38441, 39111, 39151 Page 2 of 3 Pages Addendum No. 2 Question No. 3: Please clarify how payment for mobilization will be released. Is it as stated in 9-3.4.1 of the general provisions or 3.3, 3.4, 3.5 and 3.6 of the Technical Specifications? Response: Payment will be per General Provisions. Reference is made to section 2-5.2 where the Carlsbad General Provisions is listed in a higher precedence than the Project Technical Specifications. Question No. 4: Can project be constructed at night in order to extend working hours? Response: Please refer to section 6-7 of the General Provisions. The project official hours are defined as during the day. However the District may approve work outside the listed hours for a portion of the work if in the best interests of the District and the Contractor pays for the inspection costs of such work as stated in Section 6-7. Question No. 5: In the area of the 24" Jack and Bore in Schedule B, the traffic control plan calls for working hours 8:30AM to 3:30PM M-F and weekends. The nature of Jack and Bore work, along with the ground water condition, really requires a 24 hour per day closure. Can the traffic control plan be modified with k-rail etc. to allow this? Response: Please reference Section 7-10.3.6 of the General Conditions which states that the District will consider Modifications to the Traffic Control Plan. Question No. 6: Assuming ground water must be put into the sewer system, will CMWD pay for the discharge fees into the sewer system? Response: No. Please reference Section 7-5 of the General Conditions. Contract No. 50031, 50021, 38441, 39111, 39151 Page 3 of 3 Pages Addendum No. 2 CARLSBAD MUNICIPAL WATER DISTRICT EL CAMINO REAL WATER SYSTEM PROJECTS CONTRACT NOS. 50031, 50021, 38441, 39111, & 39151 CONTRACTOR'S PROPOSAL Board of Directors Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Technical 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 Nos. 50031, 50021, 38441, 39111 & 39151 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: BID SCHEDULE A - ECR/JACKSPAR DRIVE TO COLLEGE BOULEVARD CONTRACT NO. 50031 Approximate Item Quantity Unit No. Description and Unit Price Total A-1 Mobilization, demobilization, LS LUMP SUM $ providing project sign, compliance with all General and Supplementary conditions and providing cleanup of construction site complete in place at lump sum amount not-to-exceed $30,000 Dollars (Lump Sum) A-2 Perform exploratory LS LUMP SUM $_ excavations for underground utilities (Contract No. 50031) at Dollars (Lump Sum) Addendum No. 2 Contract Nos. 50031, 50021, 38441,39111, & 39151 Page 1 of 4 Pages Item No. Description A-3 Construct 12-inch diameter PVC pipe transmission main including fittings, excavation, backfill, cement slurry, compaction, aggregate base, imported sand, asphalt paving, restriping, reflective pavement markers, traffic loops, etc. Approximate Quantity and Unit 3.180LF $_ Unit Price Total $_ Dollars per Linear Foot A-4 Remove existing 20-inch steel water line including removal and disposal of pipe, appurtenances, undesirable soils and over excavation of trench, backfill, no sand required, compaction, plug end of pipe at 800 LF $.$. Dollars per Linear Foot A-5 Provide all necessary and required traffic control to perform construction in Bid Item Nos. 3 and 4 at LS LUMP SUM $_ Dollars (Lump Sum) A-6 Construct the connection to the existing 14-inch diameter transmission main along Jackspar Drive at El Camino Real at LS LUMP SUM $. Dollars (Lump Sum) Addendum No. 2 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 2 of 4 Pages Item No. Description A-7 Construct the connection to the existing 12-inch diameter transmission main along Sunny Creek Road at College Boulevard at Approximate Quantity and Unit LS Unit Price LUMP SUM Total $. Dollars (Lump Sum) A-8 Furnish and construct a 2-inch air release and vacuum relief valve assembly per Carlsbad Municipal Water District Standard Drawing No. W7-A at 4EA $_$. Dollars Each A-9 Furnish and construct a 2-inch manual air release (B.O.) assembly per Carlsbad Municipal Water District Standard Drawing No. W-6 at 3EA $_$_ Dollars Each A-10 Furnish and install 12-inch Resilient Wedge Gate Valve per Carlsbad Municipal Water District Standard Drawing No. W16at 4EA $_$. Dollars Each A-11 Provide and prepare drawings for SWPPP and BMP permits. Furnish and install erosion and water pollution control devices per approved shop drawing submittals at LS LUMP SUM $. o Dollars (Lump Sum) Addendum No. 2 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 3 of 4 Pages Item No. Description A-12 Provide excavation safety measures including sheeting, shoring and bracing, or equivalent method for the protection of life and limb in trenches and open excavation in conformance with applicable safety orders at Approximate Quantity and Unit LS Unit Price LUMP SUM Total $. Dollars (Lump Sum) Total amount of bid in words (Items A-1 through A-12): Total amount of bid (Item Nos. A-1 through A-12)i_ Addendum No. 2 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 4 of 4 Pages CONTRACT PUBLIC WORKS This agreement is made this O\0 day of ({^jt&jppJYn 4XJV , 2006, by and between the Carlsbad Municipal Water District of Carlsbad, California, a municipal corporation, (hereinafter called "District"), and J FLETCHER CREAMER & SONS. INC. whose principal place of business is 12874 SAN FERNANDO ROAD SYLMAR CA 91342 (hereinafter called "Contractor). District and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: EL CAMINO REAL WATER SYSTEM PROJECTS CONTRACT NOS. 50031, 50021, 38441, 39111, & 39151 (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, 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 District will be the interpreter of the intent of the Contract Documents, and the District'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, District shall make payment to the Contractor per section 01025 of the Technical Specifications and 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2006 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. The District shall withhold retention as required by Public Contract Code Section 9203. Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 40 of 117 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 District about underground conditions or other job conditions is for Contractor's convenience only, and District 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 District. 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 District, 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 III 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. District 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 District 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. Revised 7/17/06 Contract Nos. 50031,50021, 38441,39111, & 39151 Page 41 of 117 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the District, 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 District. 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 District against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the District. Defense costs include the cost of separate counsel for District, if District requests separate counsel. Contractor shall also defend and indemnify the District 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 District. Defense costs include the cost of separate counsel for District, if District requests separate counsel. 10. 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 District's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial 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 District or its agents, officers or employees are additional insured. b. 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. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the District. (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. a. The District, 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 District, 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. Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 42 of 117 Pages b. The Contractor's insurance coverage shall be primary insurance as respects the District, its officials, employees and volunteers. Any insurance or self-insurance maintained by the District, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the District, its officials, employees or volunteers. d. 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 ten (10) days' prior written notice has been sent to the District 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 District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the District, 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 District 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 Best1 s Key Rating Guide of at least A-:VII. 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 City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the District 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 District and are to be received and approved by the District before the Contract is executed by the District.. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 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 District 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. Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 43 of 117 Pages (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the District 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 District, 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 Carlsbad Municipal Water District 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 jun'sdiction is grounds for the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad to disqualify the Contractor or subcontractor 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. 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the District, 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 District by certified letter accompanying the return of this Contract. Contractor shall notify the District 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. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the District 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 District may be substituted for monies withheld to ensure performance under this Contract. Revised 7/17/06 Contract Nos. 50031,50021, 38441,39111, & 39151 Page 44 of 117 Pages 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. 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. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: J. FLETCHER CREAMER &^ON INCX By: ER DISTICT, a itate of California By: (sign here) / J. FLETCHER CREAMER, JR. ATTEST: (print name and title) ^ ,.,„„,.... v v President or vice-president and secretary or assistant secretary must sigH'for<di>rporations. 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 General Counsel Deputy General Counsel oRevised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 45 of 117 Pages ACKNOWLEDGMENT OF PRINCIPAL STATE OF New Jersey COUNTY OF BQ-rgQr. On this 16th day of November 20 06 before me personally came J. Fletcher Creamer, Jr. to me known, who, being by me duly sworn, did depose and say that he/shsxesides at Park Ridge. NJ Chief Executive and that he/sWSSs the Officer 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 PUBLIC STATE OF NEW JERSEY MY COMMISSION EXPIRES SEPI20,2007 ID # 2292025 ACKNOWLEDGMENT OF PRINCIPAL STATE OF New Jersey COUNTY OF Bergen On this 16th day of November 20 06 before me personally came Juergen R. Hofheinz to me known, who, being by me duly sworn, did depose and say that he/s1«Hfesides at Hasbrouck Heights. NJ and that he/she is theAssistant 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. RAFFAELLA BELLINI NOTARY PUBLIC STATE OF NEW JERSEY MY COMMISSION EXPIRES SEPT. 20,2007 ID #2292025 J. flJETCHffl CREAMER & SON, INC. November 16, 2006 The Board of Directors, of J. Fletcher Creamer & Son, Inc., having met at a special meeting on November 1, 2006, and all Directors being in attendance at the meeting, the following resolution was unanimously adopted: BE IT RESOLVED that J. Fletcher Creamer, Jr., Chief Executive Officer of this Corporation has been authorized for and on behalf of and in the name of this Corporation to sign and submit all contract documents on behalf of this Corporation. I, Juergen R. Hofheinz, Assistant Corporate Secretary of J. FLETCHER CREAMER & SON, INC. hereby certify that the foregoing resolution has been duly and regularly adopted by the Board of Directors. Juergep R.'ffiofheinz, Assistarji Corporate Seer/ Corporate Seal Sworn to me this 16th day of November 2006 RAFFAEIU BELLINI NOTARY PUBLIC 81ATE OF NEW JERSEY MYCOMMISSIONiXPRESSB'i: 20,2007 ID #2292028 Bond No. 6424054 JFC No. 06-6531 LABOR AND MATERIALS BOND Board of Directors of the Carlsbad Municipal Water District located in Carlsbad, California, by Resolution No. 1280, adopted November 7, 2006, has awarded to J FLETCHER CREAMER & SONS. INC. (hereinafter designated as the 'Principal"), a Contract for: EL CAMINO REAL WATER SYSTEM PROJECTS CONTRACT NOS. 50031, 50021, 38441, 39111, & 39151 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 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, 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 & SONS. INC. as Principal, (hereinafter designated as the "Contractor"), and SAFECO INSURANCE COMPANY OF AMERICA as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of One Million Eight Hundred Seventy Three Thousand Fifty Dollars ($1,873,050.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor 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, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. 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 nereunder 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. Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 46 of 117 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 16th day of November , 2006 CONTRACTOR: J. Fletcher Creamer (sign here) / J. FLETCHER CREAMER JR. .dayExecuted by SURETY this 16th of November , 2006 . SURETY: Safeco Insurance Company of America (name of Surety) 1200 MacArthur Boulevard Mahwah, NJ 07430 (address of Surety) 201-327-7447 (telephone number of Surety) By:. (print name here) (signature of Attorney-in-Fact) Ann Marie Keane, Attornev-in-Fact (printed name of Attomey-in-Fact) (attach corporate resolution showing current power of attorney) (title and organization of signatory) (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 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 R. BALL General Counsel Deputy General Counsel 1 Revised 7/17/06 Contract Nos. 50031,50021,38441,39111, & 39151 Page 47 of 117 Pages CORPORATE ACKNOWLEDGMENT Form 152 STATE OF NEW JERSEY COUNTY OF Bergen On this 16th day of November, 2006 before me personally came J. Fletcher Creamer, Jr. to me known, who, being by me duly sworn, did depose and say that he/she resides in Park Ridge, NJ that heAh« is the Chief Executive Officer of 1. FLETCHER CREAMER fit SON. INC. the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order. (SEAL) RAFFAELLA BELLINI NOTARY PUBUC STATE OF NEW JERSEY MYCOMMISSION EXPIRES SEPT 20,2007 10 # 2292025 SURETY ACKNOWLEDGMENT Form 152 STATE OF NEW ]ERSEY COUNTY OF MORRIS On this 16th day of November, 2006 before me personally came ANN MARIE KEANE to me known, who, being by me duly sworn, did depose and say that she resides in PARSIPPANY, NEW JERSEY that she is the ATTORNEY-IN-FACT of the SAFECO INSURANCE COMPANY OF AMERICA the corporation described in and which executed the above instrument; that she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she signed her name thereto by like order. (SEAL) NOTARY ^ Elizabeth Collins Notary Public of New Jersey My Commission Expires Augustas, 2010 iitlco SAFECO INSURANCE COMPANY OF AMERICA FINANCIAL STATEMENT — DECEMBER 31, 2005 Assets Cash and Bank Deposits $ 84,906,669 *Bonds — U.S Government 242,950,999 *Other Bonds 2,682,145,557 *Stocks 428,624,237 Real Estate 9,291,339 Agents' Balances or Uncollected Premiums 629,634,432 Accrued Interest and Rents 40,360,895 Other Admitted Assets 351.037.705 Total Admitted Assets $4,468,951,833 !( SEAL )] Liabilities Unearned Premiums S 711,109,820 Reserve for Claims and Claims Expense 1,620,267,753 Funds Held Under Reinsurance Treaties 78,827 Reserve for Dividends to Policyholders 854,045 Additional Statutory Reserve _ Reserve for Commissions, Taxes and Other Liabilities 938.766.902 Total $3,271,077,347 Capital Stock $ 5,000,000 Paid in Surplus 240,451,979 Unassigned Surplus 952.422.507 Surplus to Policyholders 1.197.874.486 Total Liabilities and Surplus 84,468,951,833 * Bonds are stated at amortized or investment value; Stocks at Association Market Values. Securities carried at $137,852,392 are deposited as required by law. I, MICHAEL C. PETERS, President, Surety, Safeco Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2005, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 1st day of March, 2006. President, Surety S-l262a3/06 Safeco and the Safeco logo are registered trademarks of Safeco Corporation POWER OF ATTORNEY Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 KNOW ALL BY THESE PRESENTS:No.12795 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ANN MARIE KEANE; THOMAS G. PIEGARI; ROBERTS. RAPP, JR.; Parsippany, New Jersey*********#*** its true and lawful attorney(s)-in-fact, 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 March 2006 STEPHANIE DALEY-WATSON.SECRETARY MIKE PETERS. PRESIDENT. SURETY 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 Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-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 its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking 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 be necessary to the validity of any such instrument 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, (') The provisions of Article 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, Stephanie Daley-Watson , 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 16th day of November 2006 S-0974/DS 4/05 STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF Bond No. 6424054 JFC No. 06-6531 Premium: $9,365.00 FAITHFUL PERFORMANCE/WARRANTY BOND Board of Directors of the Carlsbad Municipal Water District located in Carlsbad, California, by Resolution No. 1280, adopted November 7, 2006, has awarded to J FLETCHER CREAMER & SONS. INC. (hereinafter designated as the "Principal"), a Contract for EL CAMINO REAL WATER SYSTEM PROJECTS CONTRACT NOS. 50031, 50021, 38441, 39111, & 39151 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 & SONS. INC. as Principal, (hereinafter designated as the "Contractor"), and SAFECO INSURANCE COMPANY OF AMERICA as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of One Million Eight Hundred Seventy Three Thousand Fifty Dollars ($1,873,050,00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall 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 respects according to their true intent and meaning, and shall indemnify and save harmless the Carlsbad Municipal Water District, 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 lace amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the District 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 the terms of the Contract, or to the work to be performed there under 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. Revised 7/17/06 Contract Nos. 50031, 50021, 38441,39111, & 39151 Page 48 of 117 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 16th day of November , 2006 . CONTRACTOR: J. Fletcher Creamer & Son, Inc. i,(sigh here) / FLETCHER CREAMER, JR. (Title and Organization of Signatory) (sign here) / •".-.'-^..'^HOIFHeNZ iTAKT SECRETARY Executed by SURETY this 16th day of November _ .2006 SURETY: Safeco Insurance Company of America (name of Surety) 1200 MacArthur Boulevard Mahwah, NJ 07430 _ (address of Surety) 201-327-7447 (telephone number of Surety) By:l]/\ (print name here) (signature of Attorney-in-Fact) Ann Marie Keane, Attorney-in-Fact (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Title and Organization of signatory) (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 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 R. BALL General Counsel Deputy General Co Revised 7/17/06 Contract Nos. 50031,50021. 38441,39111, & 39151 Page 49 of 117 Pages CORPORATE ACKNOWLEDGMENT Form 152 STATE OF NEW ]ERSEY COUNTY OF Bergen On this 16th day of November. 2006 before me personally came J. Fletcher Creamer, Jr. to me known, who, being by me duly sworn, did depose and say that he/Was resides in Park Ridge, NJ tnat he/she JS the Chief Executive Officer of 1. FLETCHER CREAMER SC SON. INC. the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order. (SEAL) RAFFAELLA BELLINI NOTARY PUBLIC STATE OF NEW JERSEY MY COMMISSION EXPIRES SEPT. 20.2007 ID # 2292025 SURETY ACKNOWLEDGMENT Form 152 STATE OF NEW JERSEY COUNTY OF MORRIS On this 16th day of November. 2006 before me personally came ANN MARIE KEANE to me known, who, being by me duly sworn, did depose and say that she resides in PARSIPPANY, NEW JERSEY that she is the ATTORNEY-IN-FACT of the SAFECO INSURANCE COMPANY OF AMERICA the corporation described in and which executed the above instrument; that she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she signed her name thereto by like order. (SEAL) Elizabeth Collins Notary Public of New Jersey My Commission Expires August 23, 2010 SAFECO INSURANCE COMPANY OF AMERICA FINANCIAL STATEMENT — DECEMBER 31,2005 Assets Cash and Bank Deposits $ 84,906,669 *Bonds — U.S Government 242,950,999 *Other Bonds 2,682,145,557 *Stocks 428,624,237 Real Estate 9,291,339 Agents' Balances or Uncollected Premiums 629,634,432 Accrued Interest and Rents 40,360,895 Other Admitted Assets..... 351.037.705 Total Admitted Assets S4,468,95L833 Liabilities Unearned Premiums $ 711,109,820 Reserve for Claims and Claims Expense 1,620,267,753 Funds Held Under Reinsurance Treaties 78,827 Reserve for Dividends to Policyholders 854,045 Additional Statutory Reserve _ Reserve for Commissions, Taxes and Other Liabilities 938.766.902 Total $3,271,077,347 Capital Stock $ 5,000,000 Paid in Surplus 240,451,979 Unassigned Surplus 952.422.507 Surplus to Policyholders 1.197.874.486 Total Liabilities and Surplus S4.468.951.833 Bonds are stated at amortized or investment value; Stocks at Association Market Values. Securities carried at $137,852,392 are deposited as required by law. I, MICHAEL C. PETERS, President, Surety, Safeco Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2005, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 1st day of March, 2006. President, Surety S-1262a3/06 Safeco and the Safeco logo are registered trademarks of Safeco Corporation r>^\i«;i-nPOWER OF ATTORNEY Safeco Insurance Company of America General Insurance Company of Americasafeco p|aza Seattle, WA 98185 No 12795 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ************ANN MARIE KEANE; THOMAS G. PIEGARI; ROBERT S. RAPP, JR.; Parsippany, New Jersey************* its true and lawful attorney(s)-in-fact, 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 dgyof March 2006 STEPHANIE DALEY-WATSON.SECRETARY MIKE PETERS. PRESIDENT. SURETY 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 Vice 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 its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking 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 be necessary to the validity of any such instrument 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, W The provisions of Article 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-attomey 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, Stephanie Daley-Watson , 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 16th dayof November 2006 S-0974/DS 4/05 STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the Carlsbad Municipal Water District whose address is 5950 El Camino Real, Carlsbad, California, 92008, hereinafter called "District" and J. Fletcher Creamer & Son, Inc. whose address is 12874 San Fernando Rd.. Sylmar, CA 91342 hereinafter called "Contractor" and Union Bank of California whose address is 1980 Saturn St., V03-012, Monterey Park, CA 91755 hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the District, 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 District pursuant to the Construction Contract entered into between the District and Contractor for EL CAMINO REAL WATER SYSTEM PROJECTS CONTRACT NOS. 50031, 50021,38441, 39111, & 39151 in the amount of $1.873,050.00 dated /I^£*g/tf6 (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the District 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 District 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 under 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 District and Contractor. Securities shall be held in the name of the District and shall designate the Contractor as the beneficial owner. 2. The District 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 District 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 District 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 District. These expenses and payment terms shall be determined by the District, 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 District. Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 50 of 117 Pages 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 District to the Escrow Agent that District consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The District 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 District of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the District. 8. Upon receipt of written notification from the District 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 District and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the District and Contractor shall hold Escrow Agent harmless from Escrow Agents release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the District and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For District:Title.FINANCE DIRECTOR Name L Signature _^ For Contractor: Address 1635 Faradav Avenue. Carlsbad. CA 92008 Title Chief Financial Officer Name Andrew C. Wood For Escrow Agent: Signature. Address 101 E. Broadway. Hackensack. NJ 07601 Title -1 1P Name C\ Signature Address At the time the Escrow Account is opened, the District ana Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 51 of 117 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For District::Title PRESIDENT Name Signature Address 1&TO Carlsbad Village Drive. Carlsbad. CA 92008 For Contractor:Title.Chief Financial Officer Name Andre Signature,// Address 101 E< Broadway» Hackensack, NJ 07601 For Escrow Agent: ( 'A V Title Name Signature Address Revised 7/17/06 Contract Nos. 50031, 50021, 38441, 39111, & 39151 Page 52 of 117 Pages