The URL can be used to link to this page

Home My WebLink AboutJaynes Corporation of California; 2005-10-18; 39271-3 Part 1 of 32008-0208326 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 GREG 0 RY J. S MIT H.CO U N TY 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 Public Financing Authority (CFPA), a joint powers authority. 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 31, 2008. 6. The name of the contractor for such work of improvement is Jaynes Corporation of California. 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 Carlsbad Municipal Golf Course (Buildings), Project No. 39721-3. CARLSBAD PUBUe-FINANeiNG) AUTHORITY GLENN PRUIM Public Works Director VERIFICATION OF SECRETARY I, the undersigned, say: I am the Secretary of the Carlsbad Public Financing Authority, 1200 Carlsbad Village Drive, Carlsbad, California, 92008. The Board of Directors of said Authority on . 2008, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on /#/lAJ_l l(* , 2008, at Carlsbad, California.I CARLSBAD I C FINANCING AUTHORITY AB 36 RESO 45 6 r CARLSBAD PUBLIC FINANCING AUTHORITY City of Carlsbad, California 1635 Faraday Avenue Carlsbad, California 92008 CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS FOR CONTRACT 3: GOLF COURSE BUILDINGS CARLSBAD MUNICIPAL GOLF COURSE PROJECT CONTRACT NO. 39721 - 3 clr tp Revised 10/08/03 Contract No. 39271-3 Page 1 of 72 Pages GOLF COURSE BUILDINGS FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT PROJECT OVERVIEW The Carlsbad Public Financing Authority (“CPFA) is a joint powers authority of the City of Carlsbad, California. CPFA is developing an 18-hole, championship length public golf course project in the City of Carlsbad. The property upon which the golf course and related improvements will be developed is owned entirely by the CPFA. It is a “stand alone” golf course project, i.e., no other commercial or residential construction will be associated with its development. The project is fully permitted and entitled. The overall project development will be constructed using three (3) prime contracts: I. 2. 3. Mass grading and partial site utilities, Contract 39721-1; Golf Course construction, Contract 39721 -2; Golf Course buildings, Contract 39721-3. Contract 39721-3 for the Golf Course Buildings involves the construction of the following improvements: 1. Clubhouse building; 2. Maintenance Facility including building; 3. “Half-Way House” building; 4. On-course Restroom building “A; 5. 6. On-course Restroom building “B”; and Limited associated site work supporting and surrounding these buildings as described in the project plans, specifications, and accompanying documents and materials. Coordination with the other two (2) prime contractors, including comprehensive scheduling and sequencing of work activities, is critically important to the organizational efficiency and ultimate success of this project. The Carlsbad Public Financing Authority requests your interest, participation, and partnership in this important public project. Page I-A h GOLF COURSE BUILDINGS FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT PRE-BID INFORMATION REQUESTS AND QUESTIONS FROM BIDDERS . Prospective bidders are directed NOT to contact listed architects, engineers, designers, or other consultants involved with the design plans, specifications, or other documents for this project. Telephone inquiries, email messages, other inquiries, etc., will not be received or responded to by the design team or CPFA staff. All requests for information, clarifications, questions, inquiries of any kind during the bid period for this project are to be made IN WRITING and forwarded via FAX TRANSMITTAL to the following: Carlsbad Public Financing Authority City of Carlsbad, California Attention: Carlsbad City Golf Course Project FAX: 760-720-69 1 7 Upon receipt of a written FAX inquiry, CPFA will review and evaluate the request for information. If the answer or response requires input from the design team of architects and engineers, CPFA will secure the information and answers from the design team and return same via FAX. Please do not send multiple individual questions or clarification requests; rather, please try and group your questions into one or two larger sets of inquiries. Prospective bidders are strongly encouraged to completely review the plans. specifications, supplemental provisions, and related contract documents and appendices before sendinq questions to CPFA in which the information and/or answers are clearly available within the proiect documents provided. CPFA will discontinue to receive and shall not respond to any further questions and inquiries received via FAX after 12:OO pm, Friday, June 10,2005. Please note CPFA will not consider or approve during the bid period any requests for substitution of specified equipment, systems, hardware, finishes, furnishings, building materials, landscape materials, utility systems or equipment, or other identified items or materials contained within the project documents. As indicated on Page I2 of the “Notice Inviting Bids,” please include and acknowledge any and all published Addendum(a) by CPFA during the bid period. Page 1-6 GOLF COURSE BUILDINGS FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT EXISTING CONDITIONS Under a previous contract, hereafter referred to as “Phase I ,” CPFA completed in April, 2005 a partial site environmental survey and fencing, site clearing, and site perimeter fencing operation. Environmental Survev: The site contains orange “environmental” fencing materials across much of the site. The location of this orange “environmental” fencing generally follows the “limits of grading” for both Contract No. 39721-1 and Contract No. 39721-2 and was surveyed in advance of the orange “environmental” fencing installation in Phase 1 by following the approved layout of the golf course and its facilities. Some sections of the orange “environmental” fencing also contain installed erosion control silt fabric. Contract No. 39721-1 includes an additional pre-grading survey to confirm the precise location of the golf course layout. Minor adjustments to the orange “environmental” fencing may be necessary. These activities shall be completed well in advance of the initiation of work under Contract No. 39721 -3. Site access will be available to the Contractor for Contract No. 39721-3 during all phases of construction. Site Clearing: Under the Phase I contract, CPFA completed a partial site clearing of existing vegetation on only a portion of the site. This work has no effect, nor does it modify or limit in any way, the requirements under this Contract No. 39721-3 as described in the plans and specifications herein. - Existinq Site Perimeter Fencinq: Under the Phase 1 contract, CPFA installed partial site perimeter fencing generally fronting the site along Palomar Airport Road, College Boulevard, and Hidden Valley Road. This fencing is to remain in place during the time necessary to complete the work under Contract No. 39721-2. The site perimeter fencing has no effect upon the work associated with Contract No. 39721-3 (Buildings). Page 1 - C . Item . TABLE OF CONTENTS Page Project Overview ...................................................................................................... l-A Pre-Bid Questions and Requests for Information ............................................................ l-B .. Pre-Bid Existing Conditions ........................................................................................ l-C Notice Inviting Bids ..................................................................................................................... 7 Contractor's Proposal ................................................................................................................. 16 18 20 21 Guide For Completing The "Designation Of Subcontractors" Form ............................................ Designation Of Subcontractor and Amount Of Subcontractor's Bid Items ................................ Bidder's Statement Of Financial Responsibility ......... .. ................................................................ Bidder's Statement Of Technical Ability And Experience ............................................................ 22 Bidder's Certificate Of Insurance For General Liability. Employers' Liability. Automotive _.- Liability And Workers' Compensation ......................................................................................... 23 Bidder's Statement Of Re Debarment ........................................................................................ 24 25 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid .............................. 27 Bidder's Disclosure Of Discipline Record ......................................................................... Contract Public Works ............................................................................................................... 28 Labor And Materials Bond ......................................................................................................... 34 Faithful PerformancelWarranty Bond ......................................................................................... 36 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ..................................... 38 a Revised 10/08/03 Contract No . 39271-3 Page 2 of 72 Pages SUPPLEMENTAL PROVISIONS PART 1 : GENERAL PROVISIONS Part I Section 1 1-1 1-2 1-3 Section 2 2-3 2-4 2-5 2-9 2-1 0 Section 3 3-2 3-3 3-4 3-5 Section 4 4- 1 4-2 - Section 5 5- I 5-4 5-6 Section 6 6-1 6-2 6-6 6-7 6-8 6-9 Section 7 7-3 7-4 7-5 7-7 7-8 7-1 0 7-1 3 Section 8 8-2 8-6 /c General Provisions Terms, Definitions Abbreviations And Symbols Terms ................................................................................................................. Definitions .......................................................................................................... Abbreviations ..................................................................................................... Scope And Control Of The Work Subcontracts ...................................................................................................... Contract Bonds ............................................ _.. ................................................... Plans And Specifications .................................................................................... Authoiity Of Board And Engineer ....................................................................... Surveying ........................................................................................................... Changes In Work Changes Initiated by the Agency ........................................................................ Extra Work ......................................................................................................... Changed Conditions ........................................................................................... Disputed Work ................................................................................................... Control Of Materials Materials And Workmanship ............................................................................... Materials Transportation, Handling and Storage.. ............................................... Utilities Location.. ............................................................................................................ Relocation .......................................................................................................... Cooperation. ....................................................................................................... Prosecution, Progress And Acceptance Of The Work Construction Schedule And Commencement Of Work ....................................... Prosecution Of Work ........................................................................................... Delays And Extensions Of Time ......................................................................... Completion And Acceptance .............................................................................. Liquidated Damages ........................................................................................... Time of Completion.. ........................................................................................... Responsibilities Of The Contractor Liability Insurance ............................................................................................... Workers' Compensation Insurance .. ............_. .................................................... Permits ............................................................................................................... Cooperation and Collateral Work ....................................................................... Project Site Maintenance ... ; ................................................................................ Public Convenience And Safety ......................................................................... Laws To Be Observed ........................................................................................ Facilities For Agency Personnel Field Office Facilities ........................................................................................... Basis Of Payment ............................................................................................... 41 43 50 54 55 56 63 69 @ Revised 10/08/03 Contract No, 39271-3 Page 3 of 72 Pages Section 9 Measurement and Payment 9-1 Measurement Of Quantities For Unit Price Work ................................... 69 9-3 _- - Pay men t ............................................................................................................. END OF SUPPLEMENTAL PROVISIONS, PART 1 SUPPLEMENTAL PROVISIONS, PART 2: CONSTRUCTION MATERIALS Section 200 Rock Materials 200-2 Untreated Base Materials ................................................................................... 1 Section 201 201-1 Portland Cement Concrete ................................................................................ 4 Concrete, Mortar And Related Materials Section 203 Bituminous Materials 203-6 Asphalt Concrete ................................................................................................ 5 203-1 1 Asphalt Pavement Crack Sealants ..................................................................... Section 204 Lumber And Treatment With Preservatives 204- 1 Lumber And Plywood .......................................................................................... 6 Section 206 Miscellaneous Metal Items 206-7 Traffic Signs ....................................................................................................... NA 206-8 206-9 Section 207 Pipe 207-2 Reinforced Concrete Pipe ................................................................................... 7 207-25 Light Gage Steel Tubing And Connectors ........................................................... Portable Changeable Message Sign .................................................................. - Underground Utility Marking Tape ...................................................................... Section 209 208-1 208-2 208-3 208-5 208-6 208-7 , 209-8 208-4 Signals, Lighting And Electrical Systems General ............................................................................................................... NA Materials And Installation .................................................................................... Controller Assemblies ......................................................................................... Traffic Signal Faces And Fittings ........................................................................ Detectors ............................................................................................................ Removing, Reinstalling Or Salvaging Electrical Equipment ................................ ,Lighting ............................................................................................................... Payment ............................................................................................................. Section 210 21 0-1 Paint And Protective Coatings Paint ................................................................................................................... NA .. 210-3 Galvanizing.. ....................................................................................................... Section 21 2 Landscape And Irrigation Materials 212-1 Landscape Materials ........................................................................................... 10 21 2-2 Irrigation System Materials .................................................................................. 10 21 2-3 Electrical Materials .............................................................................................. 10 Section 21 3 Engineering Fabrics 21 3-3 Geotextiles ......................................................................................................... NA Erosion Control Specialties ................................................................................. .. 21 3-2 .- - a Revised 10/08/03 Contract No. 39271 -3 Page 4 of 72 Pages ..- Section 214 Pavement Markers 2 14-5 Reflective Pavement Markers ............................................................................. NA SUPPLEMENTAL PROVISIONS, PART 3: CONSTRUCTION METHODS Section 300 300-1 300-2 300-3 300-5 300-9 300-1 1 300-4 Section 301 301 -1 Section 302 302-1 302-2 302-3 302-5 302-9 302-4 rc Section 303 303-1 303-2 303-5 303-6 Section 304 304-3 Section 306 306-1 306-5 Section 307 307-4 307-3 Section 308 308-2 308-4 308-5 308-7 308-8 308-9 308-6 - Earthwork Unclassified Excavation. ..................................................................................... Structure Excavation And Backfill ....................................................................... Unclassified Fill .................................................................................................. Borrow Excavation ............................................................. ._.. ............................. Geotextiles For Erosion Control And Water Pollution Control. ............................ Stonework For Erosion Control ........................................................................... Clearing And Grubbing ...................................................................................... NA Treated Soil, Subgrade Preparation And Placement Of Base Materials Subgrade Preparation ......................................................................................... 22 Roadway Surfacing Chip Seal ............................................................................................................ Emulsion-Aggregate Sluny ................................................................................. Asphalt Concrete Pavement ............................................................................... Asphalt Pavement Repairs And Remediation ..................................... : ............... Oiled Roadways And Shoulders ......................................................................... Asphalt-Rubber Chip Seal Or Interlayer ............................................................. 22 Concrete And Masonry Construction. Concrete Structures ............................................................................................ 23 Air-Placed Concrete ............................................................................................ Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways .......................................................................... Stamped Concrete .............................................................................................. Metal Fabrication And Construction Chain Link Fence ............................................................................................... NA Underground Conduit Construction Abandonment Of Conduits And Structures ......................................................... Open Trench Operations .................................................................................... 28 Street Lighting And Traffic Signals Street Lighting Construction ............................................................................... NA Traffic Signal Construction .................................................................................. Landscape And Irrigation Installation Earthwork And Topsoil Placement ..................................................................... Planting .............................................................................................................. 34 Irrigation System Installation ............................................................................... Maintenance And Plant Establishment ............................................................... Guarantee .......................................................................................................... Measurement And Payment. .............................................................................. Wetland Mitigation .............................................................................................. a Revised 10/08/03 Contract No. 39271-3 Page 5 of 72 Pages Section 31 0 Painting 310-5 Painting Various Surfaces .............................................................. i .................. 63 31 0-7 - Permanent Signing ..... . . . . . . . .. . .. .. . .. . . . .. . . . ._. . .. . . . .. . .. . .. . . . . . . . .. . ... .... . .. . . . . .. . .. . . . . ..:. .. . . .. ... Section 31 2 31 2-1 Placement ........................................................................................................... NA Pavement Marker Placement And Removal Section 31 3 , Temporary Traffic Control Devices 313-1 ' Temporary Traffic Pavement Markers ................................................................ ' NA 31 3-2 31 3-3 31 3-4 Temporary Traffic Signing ...... ...... ........ ... .. ... .......... ... ............. ... ............ ....... . ... . Temporary Railing (Type K) And Crash Cushions ............................................. Measurement And Payment ............................................................................... SUPPLEMENTAL LANDSCAPE AND IRRIGATION PROVISIONS, BEGINNING WITH SECTION 02721 et seq. 02721 -1 0281 0-1 02870-1 02900-1 031 00 03200 03300 03350 LANDSCAPE DRAINAGE SYSTEM IRRIGATION SYSTEM SITE FURNISHINGS LANDSCAPING SPECIAL CONCRETE FORMWORK CONCRETE REINFORCEMENT SPECIAL CONCRETE FINISHES CAST-I N-PLAC E - ARCHITECTURAL SPECIFICATIONS, DIVISIONS 1 - 16 INCLUSIVE BEGINNING WITH TABLE OF CONTENTS 00010-1 FOOD SERVICE EQUIPMENT SPECIFICATION CUT SHEETS Dated April 18, 2005 1-3 1-25 1-3 1-14 1-3 1-5 1-5 1-6 included included SUPPLEMENTAL REPORTS {l) GEOTECHNICAL REPORT: INCORPORATED BY REFERENCE AND MADE A PART OF THIS PROJECT AND CONTRACT; REPORT ON FILE FOR REVIEW DURING REGULAR WORKING HOURS AT CPFA, FARADAY CENTER FRONT COUNTER, 1635 FARADAY AVENUE, CARLSBAD, CALIFORNIA 92008. (2) STORM WATER POLLUTION PREVENTION PLAN: INCORPORATED BY REFERENCE AND MADE A PART OF THIS PROJECT AND CONTRACT; REPORT ON FILE FOR REVIEW DURING REGULAR WORKING HOURS AT CPFA, FARADAY CENTER FRONT COUNTER, 1635 FARADAY AVENUE, CARLSBAD, CALIFORNIA 92008. (3 RESOURCE AGENCY PERMITS: INCORPORATED BY REFERENCE AND MADE A PART OF THIS PROJECT AND CONTRACT; PERMITS ON FILE FOR REVIEW DURING REGULAR WORKING HOURS AT CPFA, FARADAY CENTER FRONT COUNTER, 1635 FARADAY AVENUE, CARLSBAD, CALIFORNIA 92008. a Revised 10/08/03 Contract No. 39271-3 Page 6 of 72 Pages CARLS BAD P U B LIC FINANCING AUTH ORlTY (“C PFA”) NOTICE INVITING BIDS Until 4:OO PM on. WEDNESDAY, JUNE 22,2005, the CPFA shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: CONTRACT NO. 39721-3 CONTRACT 3: GOLF COURSE BUILDINGS FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of one hundred eighty (180) days and such additional time as may be mutually agreed upon by the CPFA and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the CPFA on file with the Recreation Department. The specifications for the work include the Standard Specifications for Public Works Construction, latest edition, with all adopted supplements and provisions, all hereinafter designated “SSPWC as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. The CPFA encourages the participation of minority and women-owned businesses. r The CPFA encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The CPFA may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the CPFA, CPFA of Carlsbad, or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder‘s security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the CPFA to ensure performance under this Contract. section 10263 of the Public Contract Code requires monies or securities to be deposited with the CPFA 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 documents which comprise the Bidder’s proposal and that must be completed and properly executed including notarization where indicated are: F 43 Revised 10/08/03 Contract No. 39271-3 Paae 7 of 72 Paaes 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors 5. Designation of Owner Operator/Lessors & 6. Bidder's Statement of Financial Responsibility 7. Bidder's Statement of Technical Ability and /-- and Amount of Subcontractor Bid Amount of Owner Operator/Lessor Work Experience 8. Acknowledgement of Addendum(a) 9. Certificate of Insurance. The riders covering the CPFA, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 10.Bidder' s Statement Re Debarment 11 .Bidder's Disclosure Of Discipline Record 12.Escrow Agreement for Security Deposits - (optional, must be completed if the . Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate. The Engineer's Estimate is: $1 1,372,691. Except as provided herein a bid submitted to the CPFA by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered non-responsive and shall be rejected by the CPFA. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: Class B: General Building. 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 laterdate. I- 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 $75 per set. If plans and specifications are to be mailed, the cost for - postage should be added. A copy of the geotechnical / soils and SWPPP reports are available for review by all interested parties at the Engineering Front Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314. CPFA will not make or otherwise provide duplicate or Xerox copies of this report at this time. Copies may be obtained for cost by contacting the geotechnical / soils and SW PPP report authors directly. 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 CPFA except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the CPFA except as hereiribefore specified. The CPFA reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. ' r i Revised 10108103 Contract No. 39271 -3 Page 8 of 72 Pages 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 CPFA 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 CPFA Engineer is the CPFA's "duly authorized officer" for the purposes of section 41 07 and 41 07.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. There will be no pm-bid tour of the project site. A pre-bid meeting will be held at 2:OO pm, Tuesday, June 7,2005, at Conference Room 173 -6, City of Carlsbad's Faraday Center, 1635 Faraday Avenue, Carlsbad, California 92008. Attendance at this pre-bid meeting is not mandatory, however, is strongly encouraged. 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 aboe and compared on the basis of the corrected totals. rc- 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 bya person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($1 0,000,000). Twentyfive percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the CPFA 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. - a Revised 10/08/03 Contract No. 3927 1-3 Page 9 of 72 Pages I I_ If the bid is accepted, CPFA 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 I of the Insurance Code, within IO calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1 ) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated abow for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the cowage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The CPFA 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 CPFA is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within fifteen (15) days of bid opening. If the Contractor fails to comply with these requirements, the CPFA may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. .-- The prime contractor and all subcontractors are required to have and maintain a valid CPFA of Carlsbad Business License for the duration of the contract. /p Ap roved by the CP A, Carlsbad, California, by Resolution No. x , adopted on the -!&Adayof h , 2005. @ Revised 10/08/03 Contract No. 39271 -3 Page 10 of 72 Pages CARLSBAD PUBLIC FINANCING AUTHORITY CONTRACT NO. 39721-3 GOLF COURSE BUILDINGS FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT CARLSBAD PUBLIC FINANCING AUTHORITY 1200 Carlsbad Village Drive Carlsbad, California 92008 c DATE The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 39721-3 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefore the following prices for each item complete, to fit: SCHEDULE A: CLUBHOUSE BUILDING Total amount of bid in numbers for Schedule A: $ Total amount of bid in words for Schedule A: <, "Pm Dl6 c SCHEDULE B: MAINTENANCE FACILITY COMPLETE INCLUDING BUILDING Total amount of bid in numbers for Schedule B: $ Total amount of bid in words for Schedule B: 1 ,-=tOZ,?Yk& t?&u IMI I\,\ or2 5qJ&LLdreJ c-.--lL 0 1%- 6 *~W%uVyl71A 44 5,J,+7 -51 .>! u SCHEDULE C: HALF-WAY HOUSE BUILDING Total amount of bid in numbers for Schedule C: $ Total amount of bid in words for Schedule C SCHEDULE D: ON-~OURSE RESTROOM "A" BUILDING Total amount of bid in numbers for Schedule D: $ Total amount of bid in words for Schedule D: \W,L0? 7 -A pw-4LI -5LJ2-9 f' *c\ 5 IX hdd -,k GAL fl-f-!\~fl Revised 10/08/03 Contract No. 39271-3 Page 11 of 72 Pages - SCHEDULE E: ON-COURSE RESTROOM “B” BUILDING Total amount of bid in numbers for Schedule E: $ \6?, 234’2 Total amount of bid in words for Schedule E: SCHEDULE F: ALL SITE WORK, PARKING LOTS, UTILITIES, AND ASSOCIATED IMPROVEMENTS SUPPORTING AND SURROUNDING ALL BUILDINGS (SCHEDULES A THROUGH E INCLUSIVE) Total amount of bid in numbers for Schedule F: $ Total amount of bid in words for Schedule F: I 3 7 9 1 656 TL 1 <L+& *-\\ 10- Lt---$fl %C -* ’ at +- h,.2-)% LF56.A 4IXL-J gce J *M/J c,c4-t 5 \yr u -- u Total amount of bid in numbers including Schedules A, B, C, D, E & F: $ 1 -5,XhlMLI 2 */l Lj?W?V14 Ld 4 \ ThJ- L ,&!,/ AP, J , &fa, j3 LY s7wJ4 L7.r Total amount of bid in words including Schedules A, B, C, D, E & F: $ &Ib Vrr,l.\\h- The basis of award will be the sum of Schedules A. 6, C. D. E & F. CPFA herebv desinnates Schedule A (Clubhouse) as a “deductive alternate” which may, at the sole election of CPFA, not be awarded. Even if deducted from the scope of work, Schedule A (Clubhouse) will be included for purposes of determininn the lowest bid price in accordance with California Public Contract Code, Section 20103.8 (b). - Price@) given above are firm for 180 days after date of bid opening. Addendum(a) No@). 1 proposal. hadhave been received and is/are included in this The Undersigned has carefully checked all of the above figures and understands that the CPFA will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within fifteen (15) days from the date of award of Contract by the CPFA, the CPFA 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 capaCPFA of a contractor within the State of California, validly licensed under license number 787005 I classification A & B which expires on , and that this statement is true and correct and has the legal effect of an affidavit. 11/30/2006 c A bid submitted to the CPFA by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered non-responsive and shall be rejected by the CPFA Q 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code Q 201 04. @ Revised 10/08/03 Contract No. 39271-3 Page 12 of 72 Pages License Detail Page 1 of2 License Detail CALIFORNIA CONTRACTORS STATE LICENSE BOARD Contractor License # 787005 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: 06/24/2005 * * * Business Information * * * JAYNES CORPORATION OF CALIFORNIA I11 ELM ST4TH FLR Business Phone Number: (619) 223-4080 SAN DIEGO, CA 92101-2646 Entity: Corporation Issue Date: 11/06/2000 Expire Date: 11/30/2006 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Additional Status Information * * * The license may be suspended on 07/06/2005 if the workers' compensation insurance policy is not filed with the CSLB. * * * Classifications * * * i.c I , . . . , . . .. .. . ,, " " . . . .. " .. . ., ., ,,., . ., ., , , , , ,, , ,, . , ,,, ___", .", . ... "" . ", . . . . . , .. , . .. .. . . , . . . . . . . ., . .. ,, 2 Description http://www2.cslb.ca.gov/CSLB~LIBRARY/License+Detail.asp 06/24/2005 License Detail Page 2 of 2 License Number Request Contractor Name Request * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 9033007 in the amount of $10,000 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 01/01/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) DONALD ANTHONY MAUR POWER certified that he/she owns IO percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 05/26/2005 - Personnel Name Request BQl's Bondina History Salesperson Request * * * Workers Compensation Information * * * Salesperson Name Request This license has workers compensation insurance with the AClG INSURANCE COMPANY Policy Number: WD4083034 Effective Date: 0610112004 Expire Date: 06/01/2005 Workers Compensation History Personnet listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses 06/24/2005 NOT TRANSFERABLE BUS. NUMBER 1220285 . DATE ISSUED 0512312005 SIC CODE 15 OWNER FIRM OR CORPORATION NAME BUSINESS NAME MAILING ADDRESS CITY AND STATE POST IN CONSPICUOUS PLACE CITY OF CARLSBAD BUSINESS REGISTRATION CERTIFICATE KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT BUS. NO. 1220285 DATE ISSUED 0512312005 08.070G $80.00 Th prm. firm OT rnpotalmn nrd Wow IS gmnled 1111s tusi- wldrale VIuaIII lo lh -worn d Iha Clly Burinns Lmwe adlnwma 10 ewxp m cmy on M rnW Ih busm-s lrxk cdling. pofarrmn exhibition (r omrpallon d-hi bslw lzularre of lh cerllhale IO m4 an endarsmnl M( Stae of WifMnJa catilkalan of mrnplianca wblh Olb wdlr*maa or laws Thlr Imse 1s braad Wlhl mfulon (ha1 Ihe I-- 19 rUbjecl Io (r sxsrnpl horn Ilcenrlng by Ih BUSINESS LOCATION 111 ELMSTFL4 SIC DESCRIPTION Building Construction-General Building Contrac EXPIRATION DATE JAYNES CORPORATION OF CALIFORNIA JAYNES CORPORATION OF CALIFORNIA BALANCE $0.00 TAXES PAID IN ACCORDANCE WITH UTY 111 ELMSTFL4 BUSINESS TAX ORDINANCE SAN DIEGO, CA 92101-2692 CITY OF CARLSBAD ." .- The Undersigned bidder hereby represents as follows: 1. That no CPFA Board member, officer, agent, or employee of the CPFA 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 CPFA, its officers, agents, or employees has inducted hidher 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 Bond (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 I , 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. + 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 City and State (Street and Number) (4) Zip Code Telephone No. (5) E-Mail 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 (Street and Number) (4) Zip Code Telephone No. a Revised 10/08/03 Contract No. 39271 -3 Page 13 of 72 Pages (5) E-Mail IF A CORPORATION, SIGN HERE (I) Name under which business is conducted Jaynes Corporation Of California Senior Vice President (Title) Impress Corporate Seal here Incorporated under the laws of the State of Place of Business 111 Elm Street, Fourth Floor (Street and Number) City and State Sari Diego, C* Zip Code 92101 Telephone No. (619) 233-4080 E-Mail rickc@jaynescorp.com NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE AlTACHED 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: Rick Marquardt President Richard Cohen Senior Vice President D. Wayne Davenport Secretary e Revised 10/08/03 Contract No. 39271-3 Page 14 of 72 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California } SS. Countyof ,hm 3-1 O& @ personally known to me 0 proved to me on the basis of satisfactory evidence Place Notary Seal Above OP TI0 NA L 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: fm!m,Q-J . Document Date: /&!? Number of Pages: Signer(s) Other Than Named Above: ma Irnl 0 Individual 17 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee Guardian or Conservator 0 Other: Signer Is Representing: 4 Corporate Officer - Title(s): u$H) q)!fd&??~ 0 1997 National Notary Association 9350 De Soto Ave , PO Box 2402 - Chatsworth, CA 91313-2402 Prod No 5907 Reorder Call Toll-Free 1-800-876-6827 BID SECURITY FORM (Check to Accompany Bid) CONTRACT NO. 39271-3 GOLF COURSE BUILDINGS FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT (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 PUBLIC FINANCING AUTHORITY 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 CPFA provided this proposal shall be accepted by the CPFA 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 CPFA 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. ic- 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 (1 0%) of the total amount of the bid.) Revised 10/08/03 Contract No. 39271-3 Page 15 of 72 Pages BIDDER'S BONID TO ACCOMPANY PROPOSAL CONTRACT NO. 39271-3 GOUF COURSE 6UlLDlNGS FOR THE CARLSBAO MUNICIPAL GOLF COURSE PROJECT KNOW ALL PERSONS BY THESE PbESENTS: That we, JAYNES CORPORATION OF CALIFORNIA as Principal, and CONTINENTAL CASUALTY COMPAVY as Surety are held and firmly bound bnto the CbFA in an amount as follows: (must be at least ten percent (10%) of the bid amount)TEN tERCENT (low OF THE AMOUNT BID for which payment, well and truly made, we bind ourselves, our heirs, eDcecutors and administrators, successors or assigns, jointly and severally, firmly by these pmsents. THE CONDlTlON OF THE FOREGQING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for. CONTRACT NO. 39721-3, GOLF CqURSE BUILDINGS FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT; in the CPFA of Carlsbad, is accepts by the CPFA, and if the Prindpal shall duly enter into and execute a Contract including require bonds and insurance policies within fifteen (15) days from the become null and void; otherwlse, it bhall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said CPFA. date of award of Contract by the CP 4 A, being duly notified of said award, then this obligation shall Revlsed 10/08/0f Contract No. 39271-3 Page 16 of 72 Pages In the event Principal executed this bQnd as an indivldual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this Z%JD , day of JUNE ,2005. Richard Cohen (print name here) Senior Vice President (Title and Organization of Slgnatory) By: (sign here) (print name here) (title and organization of signatory) Executed by SURETY this 22ND day of JUNE ,2005. SURETY: CONTINENTAL CASUALTY COMPANY 20 Osuna NE, 9 uite G-I name of Sure !i Albuquerque, New Mexico 87107 (address of Surety) 505-262-2621 (telephone number of Surety) [signature of Attomey-in-Fact) Carl S. Conlee. Ill (prfnted name of Attomey-in-Fact) {Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of elcecuffon by PRINCIPAL and SURETY must be attached.) (President or vice-president and seclferary 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 empovkring that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL Counsei BY Deputy Counsel @ Revised lOiOSlO$ Contract No. 39271-3 Page 17 of 72 Pages JAYNES CORPORATION OF CALIFORNIA SECRETARY’S CERTIFICATE I, Wayne Davenport, Secretary of Jaynes Corporation of California (formerly known as Kvaas Constructors, Inc.), a California corporation (the “Corporation”), hereby certify as follows: 1. I am the duly elected, qualified and acting Secretary of the Corporation. 2. The following resolution was duly adopted by the Board of Directors of the Corporation at a meeting held on July 16,2004. Such resolution has not been amended, modified or rescinded, and remains in full force and effect as of the date hereof: WHEREAS: The Corporation is currently conducting and is expected to regularly conduct business with various agencies and owners (collectively “Owners”) within the state of California, which business entails executing and delivering various documents and agreements with Owners, consistent with the Corporations objectives, and WHEREAS: It is deemed to be in the best interests of the Corporation to authorize Rick Marquardt, the President of the Corporation, and Richard Cohen, the Senior vice President of the Corporation, either one, to execute and deliver any and all documents and agreements with Owners that he deems necessary or advisable, r.- IT IS HEREBY RESOLVED: That Rick Marquardt, the President of the Corporation, or Richard Cohen, the Senior Vice President, either one, are authorized and directed to execute and deiiver any and all documents and agreements with Owners on behalf of the Corporation that either of them deems necessary or advisable, and to take such Mer action as is necessary to carry out the purpose and intent of this resolution as either one, in his discretion, deems advisable. A IN WITNESS WHEREOF, I have executed this Certificate as of Julyb, 2004. tr,*-3 Wa&e Davenport, Sdretary CALIPORNIA ALL-PURPOSE ACKNOWLEDGMENT hate of NEW MEXICO LINDA D. DOOLEY NAME, TITLE OF orricm. =g, "JANE WE. NOTARY PUBLIC jersonally appeared CARL S. CONLEE Ill mersonally known to me - OR - NAME(S) OF SIGNER(S) - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ishe subscribed to the within instrument and acknowledged to me that helshd they executed the same in his/her/ their authorized capacity(ies), and that by hidhedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which thc person(s) acted, executed the instniment. WITNESS my hand and official seal. ---OPTIONAL SECTION- CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary ta fill in the data below, doing so may prove invaluablc to persons relying on the documcnt. - INDIVIDUAL - CORPORATE OFFICER(S) TITLE(S) PARTNER@) LIMITED -0ENERAL XX ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR VI HkK SIGNER IS REPRESENTING: CONTINENTAL CASUALTY COMPANY NAME OF PERSON(S) OR ENTITY(IES) MY COMMISSION EXPIRES: 07/22/08 THIS CERTIFICATE MUST BE AITACHED TO TITLE OR TYPE OF DOCUMENT I NT 1 THE DOCUMENTDESCRIBED AT RIGHT Tbounh the data reauerted here is not rmuircil bv law. NUMBER OF PAGES' SICNER(S) OTHER THAN NAMED ABOVE DATE OF DOCUME , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1 State of California personally appeared -&:%- I KATHRYN A. PFAFF Commlssion # 1376596 Notary Public - California - San Diego County Mv Cornrn. Expires %p 24,2006 I c Place Notary Seal Above $personally known to me 0 proved to me on the basis of satisfactory evidence to be the persod whose name$dj&e subscribed to the wit acknowledged to the same in capacity@), and that by signaturew on the instrument th the entity upon behalf of which acted, executed the instrument. WltNESS my hand and official seal. 0 PTIO NA L 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 Attache Title or Type of Document: Document Date: b /A2 /as Number of Pages: Signer(s) Other Than Named Above: &a.Jfd/J // 1 Capacity(ies) CI Signer’s Name: 0 Individual @-.Corporate Offic 0 Partner - 0 Limited 0 General Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: I 0 1997 National Notary Association 9350 De Soto Ave , PO Box 2402 . Chatsworth, CA 91313-2402 Prod No 5907 Reorder Call Toll-Free 1-800-876-6827 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable sure t yhsurer deductible, Form F7310 e POWER OF ATTORNEY APPOINTING INDIVIDUAL AT”ORNEY-IN-FACT *. - mow All Men By These Prerentr, That continerdal Catmalty Company, an Illinoh Corporation, National Fire Insurance Company of Hartford, a Connecticut Corporation, and American casualty Company of Readin& Pennsylvania, a Pennsylvania Corporation fierein called ‘Yhe CNA Companies”), rn duly organized and existing mporations ha@ their principal offices in the City of Chicago, and Slate of Illinois, and ulat they do by vimic of the signatures and seals herein aflixed hereby make, constitute and appoint Robert L Brooks, Bart H Kinneg m, Michael L Chrestman, Carl S Coulee III, Dean E Vigil, Sarah J Hamilton, David D Gebhardt, Individually - ofAlbuquerque, NM, uleir true ad lawful Attoniey(s)-in-Fad With full power and authority hereby conferred to sign, sal and execute for and on their behalf bonds, undertakings und other obligato? instrumcnls of similar nttture - In Unlimited Amounts - and lo bind them thereby as fuUy and to the me extent 8s if such instnunen@ were signed by tl duly authorized oficer of their corporations and all the acta of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed This Power of Attorncy is made and executed pursuairt to and by authority ofthe By-Law and ResoIutions, printed on thc reverse hemf, duly adopted, as indicated, by the Board.. of Directors of the corporations. In Witness Whereof, the CNA Companies have caused hex presents lo be signed by (heir Senior Vice kcsidcnt md iheir corpwate seals to be hereto diixed on this 14th day of Janutu): 2004 Continental Casualty Company National Fire Insurance Company of haford American Casualty Company of Reading, Pennsylvania Mfchael Gcngler - State of Illinois, County or Cook, ss: On this 14th clay of January, 2004, before rnc personally came Michael GengIer lo me known, ~ho, being by mc duly sworn, did depose and say: that he resides in the City of Chicago, Statc of Illinois; that he is I( Senior Vice Presidcnt of Gmtincncal Casualty Company, an Illinois c~ration, Na(i0nal Fire Insurance Company of Hartford. a Connecticut corporation, and American Casualty Cmpmy ofltcading, Pennsytvlcnia, a Parnsylvania Omporation described in and which executcd the above htnunent; that he knows the seals of said corporations; that the seals affixed to the said instrUment are such corporate seals; that they were so Nixed pursuant to authority givcn by the lhards of Directors of said corporations and that hc signed his name themto pursuant IO like authority, and acknodcdgcs same to be the act and deed of said corporations. Q& OFFICIAL SEAL CLlU PRICE WAnV rwo. WATC of LLHOII W OMIWEOW~: wI*. My Commission D Expires September 17,2006 Eli= Price Notary Public CERTIFICATE I, Mary A. Kibikawskis, Assistant Secretary of Contirienlal Casualty Company, an Illinois corporalion, National Fire insurance Company of Haltford, tl Connecticut curporalion, and American Casualty Company of Reading, Pennsflvania, u Pennsylvania corpration do hereby certify ht the Power of Attorney huein above set forth is still in force, and further certify that the By-Law and Resolution of the Bourd of Directors of the corpomtiom printed on the revme hckeof is still in force. In testimony whereof I have hereunto subscribed iny nmc and allixed the seal ofthe said corporations this 22nd dayor June , 2005 , Continental Casualty Comp‘my National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania .I Assistant secretarv b?2&QU Mary A. R&ika\Cgkis LV Form F6855-I 1/2001 e I . .. Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINESTAL CASIJALTY COMPANY: This l’owcr of Attorney is made md csccutod pursuant to and by suthority of the following By-Law duly adopted by the Board oCDirectors of the Company “Article IX-Execution of Documents Section 3. Appointmcnt of Altorncy-in-fact. l’he Chairmon of the Board of Directors, the President or any Executive, Senior or Group Vicc President may, froin time to time, appoint by written certilicates attorneys-in-lact lo act in behalf of the Company in the oxacution of policies of insurance. bonds, undemkings and other obligatory instruments 01 like nature. Such attorneys-in-l‘act, subject to the limitntions set forth in their respective certilicatcs ol‘authority, shall have full power to bind thc Company by their signature and execution olclny such instruments and to sttach the rod ofthe Company thcrcrta. Tho Chairman of the I3owd of Directors, tho Prcsidcnt or any Extxutivc, Senior or Gmup Vicc Prcsidcnt or the Hoard of Directars, may, at any time. revoke all power and authorily previously given to my attorney-in-fact.” This Power of Attorney is signed and scaled by lacsimile undcr and by the uuthority of the following Kcsolution adopted by the Hoard olDircctors ofthe Company at a meeting duly called and held on thc 17” day of Fcbruat)., 1993. “Resolved, that the sipnture of the Yrcsident or any Executive, Senior 01 Group Vicc President and the seal oi’ the Company may be dlixod by facsimile (M any power of attarncy grantid pursuant to Saction 3 of Article Lx of the By,-Inws, and the signature of the Secrm or an Assistant Secretary and the seal air the Company may he aflirred by fucsimile to any ccrtificak of my such powcr and any power or certilicate bcaring such l‘acsimile signature and seal shall be valid and binding on the Compuny. Any such power so cxecuted and scalcd and cenified by certificate so executed nnd sealed shall. with rcspcct to any bond or undcrtaking to which it is attached, continue to be valid and binding on tho Companv.” ADOPTED BY T1iE I3O,\RD OF DIRECTORS OF AMERICAN CASUALTI’ COMPANY OF READING, PENNSYLVANIA: This Power or Attomcs is tnttdc and cxccuted pursuant to and by authority of the following By-Law duly adopted hy thc Hoard of Dirccrors ot‘the Company. “Article VCExccution of Ohligations and Appointment of Attornei-In-Fact Section 2. Appointment of Attorncy-in-fact. Thc Chairman ol’ the Uoard of Directors, the I’rosident or any Executive. Senior or Ckoup Vicc I Previdcnt may, froin time to time. appoint hy wntwn certificstcs attorneys-in-hot to act in behalf of the Company in the execution of policies of insurance, bonds. undcrtakings and othw obligatory instruments of like nature. Such atlorncys-in-fact, subject to the limitations set forth in their respective ccrflicatcs ol’authority, shall haw full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Campnny thereto. l‘he Prcsidcnt or any Executive, Senior or Group Vice Prcsidcnt may at any time rcvoko all powcr and authority previously given to any attorney-in-fact.” , This Ibwcr of Attorney is signed and seakd by fscsimile under and by thc authority of the tollowing Resolution adopted hy the Board of Directors of (he Company 01 (I mecling duly called and held on the I? day of I’chruary. lW3. “Ktwlved, tbt Ihc signaturc of the I’resident or any Executive, Senior or Group Vicc President and the scal of the Cwnpwy my hc aftid by facsimile on any power of attorney granted pursuanl to Section 2 of Article VI of‘ ~c By-law, and fie signature of the Secrultlry or an Awistant Secretary and thc sml ofthe Company may he aflixcd by facsimilc to any ccrlificatc of any such powcr and any power or ccrtificatc bearing such facsimile signaturc .and seal shall be valid and binding on the Company. Any such power so executed and scaled and certified by certificate so executd and scald shall, with respect to any hond or undcrbking to which it is attached: dohtinue to he valid and binding on the Company.” AJXWIXI) IW ’ITIF. BOARD OF DIRECTORS OF NATlONAL RRI:. IKSUR.UCE COMPANY OF HAKTVORD: This Pewex of Attorncy is made and cxccutcd punusnt tu and by authurity ofthe lollowing Resoldon duly adopted on Fcbruq 17. I W3 by the tkittrd of Directors of the Company. “HESOLVED: That the President an Exccidivc Vice I’residenf or any Senior or Group Vice Prcsidd ofthe Corporation may, Lium lime lo time. appoint by wittcn certilicutes. Attorney-in-Fact to act in hchall‘ of the Corporation in chc cxecution of policics of insurance, bonds, undertakings and other oblisatory insuumcnts of likc nature. Such Attorney-in-Fack subjcct to the limitations set forth in their respective certificates or authority, shall have full powcr to hind thc Corporation by their signaturc und cxecution of my such instrument and to attach thc seal of the Corporation therao. The Presidcnl, an Executive Vice President. ony Scniur or Group Vicc President or the ljoard of Directors may at any time revoke ell p~~m und authority proviourly givcn to any Attorney-in-Fact.” This I’wm of Attorney is signed and seuld by facsimile undcr and by thc authority oithe following Resolution adoptcd hy the riward of Directors dthc Company ut a meeting duly cullcd and held on the 17’ day 01’I:chruay. lY93. “KESOLVEII: That the signature ul‘ the Presideni, an Ilsecutive Vice President or any Senior or Gmup Vice Prc.qidcnt and thc seal of the Corporation may be afixcd by facsimilc on any power ofattomcy granted pursunnt to the Resolution adopkd by this Uoard of Directors on Fehruap 17. 1993 and the signature oca Secretary or un Assistant Sccrctary und thc seal of the Corporation may he alfixed by racsimilc to any certificate of any such power, and any power or certificate bearing such facsimilc signature and scal shall be valid and binding an the Corporution. Any such power w exccuted and scalcd and certitid by certificate so executed and scaled, shall with respect to 3ny bond or undcrtaking to which it is attochecl, continue 10 bo valid and binding on the Corporation.” -. Company Profile Page 1 of2 -7 ompany Profile CONTINENTAL CASUALTY COMPANY CNA PLAZA 333 S WABASH CHICAGO, IL 60685 800-345-7542 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 81 8 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 900 17 Unable to Locatethe Agent for Service of Process? Reference Information NAIC #: 20443 NAIC Group #: 0218 Date authorized in California: License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: ILLINOIS California Company ID #: 0048-9 May 14, 1902 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 glos,a-y. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE http ://cdinswww . insurance .ca. gov/pls/wu~coqrof/idb_coqrof~utl .get-cogrof?p-EID=2647 0 6/24/200 5 Company Profile e- MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - November 04,2004 1 1 : 18 AM Copyright 0 California Department of Insurance Disclaimer http://cdinswww.insuance.ca.gov/pls/wu-cojrof/idb - cogrof~utl.get~cojro~p~EID=2647 Page 2 of 2 06/24/2005 -- 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 are not included in computing the percentage of work proposed to be performed by the Bidder. SPECIALTY ITEMS For the purposes of this contract, CPFA designates the following items as “specialty” items: grading, drainage, erosion control, utilities, landscaping, irrigation, concrete work of any kind, foundations, waterproofing, structural steel or wood manufacture and erection, masonry, roofing, mechanical/electricaI/plumbing, signage, interior and exterior rough-in and finishes, windows, skylights, lighting, kitchen systems and food service equipment, appliance manufacturer and installation, rough and finish carpentry, installation of carpet and wall treatments. t 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 ($1 0,000) whichever is greater. Said name@) 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 reiection 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 CPFA of the specific facts that show the Bidder proposes ?@ Revised 10/08/03 Contract No. 39271-3 Page 18 of 72 Pages - to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the CPFA in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the CPFA 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. I- @ Revised 10/08/03 Contract No. 39271-3 Page 19 of 72 Pages JUN 23 2005 3:OlPM JRYNES CORPORRTION OF CAL (613)234-4090 I SUBCONTRACTOR LISTING 1 I Corlsbad Golf Caursi Buildings - Contract No. 392713 c- SUBCONTRACTOR WE, LOCATION OF BUSINESS AND LICENSE NO. JAYNES CORPURATTON OF CAUF. I June 23,200s I AMOUNT OF WORK BY SUBCONTRACTOR DOLLARS Earthwork Miller Engineering 8, Construction Co. License No. 632786 Escondido, CA 71,000 I PORTION Of WORK I J License No. 652554 Landscapingllrrigation Manna Landscape, Inc. Anaheim, CA License No. 492862 587,000 ~ ~~~ Site Concrete Building Concrete I I Asphalt Paving J D Paving, Inc. San Marcos. CA Team C Construction, Inc. License No. 668564 El Cajon, CA 909.000 266.500 Unit Pavers i Legacy Paving License No. 848096 Escondido, CA 71,600 I Reinforcing Steel Masonry Simulated Stone Quality Reinforcing Poway, CA License No. 683317 P.K. Neil1 Masonry Corp. License No. 654622 El Cajon. CA 1.575.000 94,600 J ~ License No. 823172 Finish Carpenby SMI Architectural Millwork Architectural Woodwark Brea. CA 360,000 i License No. 749965 I Waterproofing c- Magnesite Specialties, Inc. Sari Dieao. CA I 59.400 c License N; 39773~ Standard Drywall License No. 444326 Exterior Insulation Finish Systems (EIFS) Lakeside, CA 311,000 _- Metal Roof Sheet Metal Buxcon Sheet Metal Santee, CA License No. 831448 t I Structural Steel SoCal Ironworks. inc. Chula Vista. CA Glass & Glazing Metal StudlDrywall 1 485.000 Tri-City Glass Company Lemon Grove, CA 268,500 License No. 252033 Lawtie S Company License No. 341392 San Diego. CA 350,700 385.000 P.2 1 JUN 23 2005 3:OlPM JRYNES CORPORRTION OF CRL 16191234-4090 - SUBCONTRACTOR LISTING Carlsbad Golf Courst Buildings - Contracl _.- SUBCONTRACTOR NAME, LOCATION OF BUSINESS AND LICENSE NO. YNES CORPORATION OF CALh AMOUNT OF WORK BY SUBCONTRACTOR DOLLARS East County Tle & Marble Santee, CA License No. 731 142 Howards Rug Co. San Dego, CA License No. 592207 PORTION OF WORK Ceramic Tile Stone Tile Resilient Flooring B Carpet 204,900 56,900 I Food Service Equipment Scott Michael, Inc. San Marcos, CA License No. 668809 G.K. Mechanical Santee, CA License No. 761949 JMJ Electric Consultant, Inc. License.No. 454430 San Diego, CA I Elevators 303,000 241,000 502,900 Site Utilities I Plumbing I WAC t Electric I June 23,2005 I IO. 39271-3 I Brandt Commercial Signs Newporl Beach, CA 70,700 Kitcur Corporation License No. 244236 Sun Valley. CA 245,500 I ThyssenKrupp Elevator Cop. El Capn, CA License No. 651371 100.700 Underground Utilities License No. 580460 J.G. Tate Fire Protection Systems, Inc. -+-- License No. 800609 Spring Valley, CA 294.1 89 Poway, CA 137,300 P-3 /- 2 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS GOLF COURSE BUILDINGS CONTRACT NO. 39271-3 The Bidder certifies that it has used the subbid 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 ($lO,OOO), 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 11 Reinforcing Steel 1 J UJO 1’1 Subcontractor‘s License No.* Page 1 of 8 pages of this Subcontractor Designation form * Pursuant to section 41 04 (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 10/08/03 Contract No. 39271 -3 Page 20 of 72 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTORS BID ITEMS GOLF COURSE BUILDINGS CONTRACT NO. 39271-3 The Bidder certifies that it has used the subbid of the following listed subcont~ctors 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 ($'lO,OOO), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID fTEMS Subcontractor's License No." Page 2 of 8 pages of this Subcontractor Designation form * Pursuant to section 41 04 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." <3 Rcwicd qninwn3 Contract No. 39271-3 Page 20 of 72 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS GOLF COURSE BUILDINGS CONTRACT NO. 39271-3 The Bidder certifies that it has used the subbid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($lO,OOO), 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 Subcontractor's License No." Page 3 of 8 pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(Z)(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." DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS GOLF COURSE BUILDINGS CONTRACT NO. 39271-3 The Bidder certifies that it has used the subbid 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 ($lO,OOO), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR’S BID ITEMS Subcontractor‘s License No.* Page 4 of 8 pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.” *% tk Revised 1 OlO8103 Contract No. 39271 -3 Page 20 of 72 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS GOLF COURSE BUILDINGS CONTRACT NO. 39271-3 The Bidder certifies that it has used the subbid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder’s total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($lO,OOO), 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 Subcontractor‘s License No.* Page 5 of 8 pages of this Subcontractor Designation form ’ Pursuant to sectjon 41 04 (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.” DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACT NO. 39271 -3 GOLF COURSE BUILDINGS The Bidder certifies that it has used the subbid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to petform 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 ($lO,OOO), 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 Subcontractor's License No.* Page 6 of 8 pages of this Subcontractor Designation form Pursuant to section 41 04 (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 Blds." t3 Pntricari i ninsin? cnntrnct No. 39271 -3 page 20 of 72 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS GOLF COURSE BUlLDlNGS CONTRACT NO. 39271 -3 The Bidder certifies that it has used the subbid 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 ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR’S BID ITEMS Subcontractor‘s License No.* Page 7 of 8 pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.” DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTORS BID ITEMS GOLF COURSE BUILDINGS CONTRACT NO. 39271-3 The Bidder certifies that it has used the subbid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($'lO,OOO), 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 Subcontractor's License No.* Page 8 of 8 pages of this Subcontractor Designation form ' Pursuant to section 41 04 (a)(Z)(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." /- BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) CONTRACT NO. 39271-3 GOLF COURSE BUILDINGS Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. @ Revised 10/08/03 Contract No. 39271-3 Page 21 of 72 Pages Audited Financial Statements CONFIDENTIAL ,- CONS0LIDAT.ED FINANCIAL STATEMENTS AND REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOZiNTAlrTS THE JAYNES COMPANIES AND SUBSIDLQRlES October 31,2004 and 2003 CONTENTS Page REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS .............. I CONSOLIDATED FbJANCIAL STATEMENTS BALANCE SHEETS ............................................................................................... 2 STATEMENTS OF E"GS ............................................................................ 3 STATEMEM: OF STOCKHOLDERS' EQUITY .................................................. 4 STATEMENTS OF CASHFLOWS .................................................................... 5-6 NOTES TO FINANCIAL STATEMENTS ....................................................... 7-23 c 'W ATKINSON & Co. LTD. 61 I Certified Public Accountants R Consultants REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS I Board of Directors The Jaynes Companies and Subsidiaries We have audited the accompanying consolidated balance sheets of The Japes Companies md Subsidiaries as of October 31,2004 and 2003, and the related consolidated statements of earnings, stockholders' equity, and cash flows far the years then ended. These conzsolidated financial statements are the. responsibility of the Campany's management. Our responsibility is to express an opinion on these consolidated financial statements based an our audits. We conducted our audits in accardance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform tile audit to obtain reasonable assurance about whether the financial statements are he. of material misstatement. An audit inclu&s examining, on a test basis, evidence supporting the amounts and disclosures in the fimcial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe our audits provide a reasonable basis for our opinion, In our opinion, the consolidated financial statements referred to above present fairly, in all material respects, the financial position of The Japes Companies and Subsidiaries as of October 31,2004 and 2003, and the results of their operations and their cash flows for the years then ended in conformity with accounting principles generally accepted in the United States of America. -#h*/ UC?' Atlcinson & Co., Ltd. Albuquerque, New Mexico December 30,2004 i - 1- The Japes Companies and Subsidiaries CONSOLIDATED BALANCE SHEETS October 3 1, ASSETS 2004 CURRENT ASSETS Cash Accounts receivable Contracts - current Contracts - retained billings an contracts in progress Costs and estimated earnings in excess of Inventories Prepaid expenses Investments in construction joint ventures $ 5,280,772 28,853,653 8,071,671 1,884,853 59,398 71,609 430.682 44,652,638 i PROPERTY AND EQUIPMENT Buildings and improvements Construction equipment Furniture and office equipment Transportation equipment Less accumulated depreciation Land 3,664,276 1,836,876 612,857 503.459 6,617,468 (3.689.64 1) 2,927,827 1.672.177 OTHER ASSETS hid held for sale Cash mender value of life insurance Investments in affiliates No& receivable from af€iliate Goodwill Deposits 4,600,004 2,838,916 743,982 71 3,150 139,700 98,224 20,209 4,554.1 8 1 2003 $ 6,964,391 3 0,702,874 6,135,476 1,490,9 1 0 59,347 6 1,608 163.359 45,577,965 3,505,412 1,570,069 567,170 489.957 6,132,608 (3.389.960) 2,742,648 1.476.862 4,2 19,s 10 2,838,916 694,141 323,182 139,700 98,224 19.937 4,114,100 LIABILITIES AND STOCKHOLDERS' EQUITY CURRENT LL4EHLITIES Current maturities of long-term debt Cwnt maturities of ESOT loan guarantees Accounts payable - current ACGOuntS payable - retained Accrued and withheld liabilities Income taxes Billings in excess of costs and estimated earnings on contracts in progress 2004 $ 277,274 184,76 1 15,622,590 7,870,419 2,418,871 424,948 9.544.070 36,342,933 LONG-TERM DEBT, less current maturities 5,909,554 ESOT LOAN GUAFUWTEES 17,339 i i OTHERUQBEITIES Deferred income taxes Minority interest 139,807 1 10,894 42,320,527 COMMITMENTS STOCKHOLDERS EQUITY Common stock - $. 10 par value, authorized 2,500,000 shares; issued 434,458 shares in 2004 and 424,587 shares in 2003; outstanding 414,293 shares in 2004 and 421,137 shares in 2003 43,446 Additional paid-in capital 2.26 1 S46 2,304,992 Retained earnings 9.680.496 11,985,488 Less common stock in treasury at cost, 20,165 and (497.092) 3,450 shares in 2004 and 2003, respectively Less ESOT loan guarantees 11,488,396 (202.100) 11286,296 2003 $ 567,625 300,145 16,800,418 7,734,261 2,269,449 203,262 10,306,746 38,18 1,906 5,727,777 202, too 101,322 104,356 44,3 17,461 - 42,459 1.753.005 1,795,464 8.375.933 10,171,397 (75.03 8) 10,096,359 (502.245) 9.594.1 14 The accompanying notes are an integral part of these consolidated financial statements. -2- ! Earned revenues Cost of earned revenues GTOSS profit The Japes Companies and Subsidiaries CONSOLIDATED STATEMENTS OF EARNINGS Operating expenscs Eamings from operations Other income (deductions) Miscellaneous income Interest income Equity in net earnings of investments Rental income Interest expense ESOT loan guarantee interest expense Loss on sale of property and equipment Years ended October 3 1, Eamings before other cornpensation contribution to Employee Stock Ownership Trust, income taxes and minority interest Incentive (profit-sharing) and other compensation Contribution to Employee Stock Ownership Trust Emhgs before income tams and minority interest Income taxes Currently payable De€erred expense Earnings before minority interest iMinority interest NET EARNINGS 2004 $ 205,459,301 194.952.379 10,506,922 8.408.052 2,098,870 245,716 309,318 247,6 5 0 3,557 (68,469) (1 9,039) (2.833) 7 15,900 2,8 14,770 (306,186) (323.4 16) 2,185,168 835,582 3 8.485 1,311,101 (6.538) 2003 $ 204,248,394 194.422.453 9,825,941 8,7 19.9 18 1,106,023 121,295 224,769 165,579 9,637 (1 07,808) (37,306) 1 3 220) 362.946 1,468,969 (25 1,3 18) (323,764) 893,887 389,201 33.504 47 1,182 (1,713) $-.-4M- “lie accompanying notes are an integral part of these consolidated financial statements. -3- The Jaynes Companies and Subsidiaries CONSOLIDATED STATEMENT OF STOOLDERS' EQUITY Years ended October 3 1,2004 and 2003 Balance at October 3 1,2002 Net earnings for the year Purchase of I, 150 shares of treasury stock Issuance of 2,024 shares Unearned ESOT compensation Balance at October 3 1,2003 Net earnings for the year Purcliase of 16,713 shares of ,- treaswy stock Issuance of 9,871 shares Unearned ESOT compensation Balance at October 3 1,2004 Additional ESOT Common Paid-in Retained Treasury Loan Stock Capital Earnings Stock Guarantees Total $ 42,256 $ 1,466,074 $ 7,906,464 $ (46,000) $ (802,390) $ 8,566,404 - 469,469 - 469,469 - - (29,038) - (29,038) 203 47,s 84 - 47,787 239.347 - 300.145 539.492 42,459 1,753,005 8,375,933 (75,038) (502,245) 9,594,113 - - 1,304,563 1,304,563 - - (422,054) - (422,054) 987 248,256 - 249,243 260,285 - 300,145 560.430 $2Lu@ $..2%25.m w- $ (2 aUQ42) W6 225 The accompanying notes are an integral part of these consolidated financial statements. -4- The Japes Companies and Subsidiaries CONSOLIDATED STATEMENTS OF CASH FLOWS Years ended October 3 1, Increase (Decrease) in Cash 2004 2003 Cash flaws from operating activities Cash received from customers Cash paid to suppliers and employees Interest paid in cash Income taxes paid in cash Other cash receipts Interest received in cash $ 203,871,841 $ 210,464,408 (204,420,508) (207,096,019) (87,508) (115,114) (613,896) (462,299) 490,385 43,927 309.3 18 224.769 Net cash (used in) provided by operating activities (450,368) 3,029,672 Cash flows from investing activities Capital expenditures paid in cash Capital contributed to investments Increase in cash sunender value of insurance policies Employee repayments Proceeds fkorn sale of land Repayments fiom stockholders Proceeds from sale of assets Procceds from the sale of marketable securities Advances to related subsidiaries and affiliates (923,561) (1 35,52 1) (I 44,627) - (49,841) (43,200) 12,495 2,770 233,450 135,747 3,463 33,810 500 9,707 1,227,942 - (1,549.532) (4.1 17.191) ,- Net cash used in investing activities (1,189,711) (4,113,878) Cash flows from financing activities Issuance of common stock Net borrowings under revolving line-of-credit Purchase of treasury stock Repayment of borrowings 129,832 47,787 (84,411) (29,038) (88.961) (416.326) - - Net cash used in financing activities (43.540) (3 97.577) NET DECREASE IN CASH (1,683,619) (l,48 1,783) Cash, beg&mg of year 6.964.39 1 8.446.1 74 Cash, end of year The accompanying notes are an integral part of these consolidated financial statements. - j- i The Japes Companies and Subsidiaries CONSOLIDATED STATEMENTS OF CASH FLOWS - CONTINUED Years ended October 3 1 , Increase (Decrease) in Cash Reconciliation of net earnings to net cash (used in) provided by 0,perating activities Net earnings Adjustments to reconcile net earnings to net cash (used in) provided by operating activities Depreciation and amortization Loss on sale of assets Earnings applicable to minority interest Equity in net earnings of investments (Increase) decrease in accounts receivable (Increase) decrease in underbillings Increase in inventories Increase in prepaid expenses Increase in deposits Decrease in accounts payable Incrwse (decrease) in accrued and withheld liabilities Increase (decrease) in income taxes payable and (Decrease) increase in overbillings Increasc in additional paid-in capital deferred taxes Net cash (uscd in) provided by operating activities 2004 $ 1,304,563 306,284 2,833 6,538 (535,432) (1 15,83 1) (393,943) (51) (1 0,001) (272) (1,041,670) 149,422 260,171 (762,676) 379,697 $ J450.368) 2003 $ 469,469 319,412 13,220 1,713 (250,871) 3,261,267 600,144 (36,163) (3,480,303) (406,9 74) (7205) (8,393) (39,594) 2,354,603 239.347 The accompanying notes arc an integral part of these consolidated financial statements. -6- e- .*- The Japes Companies and Subsidiaries NOTES TO CONSOLIDAmD FINANCIAL STATEMENTS October 3 1,2003. and 2003 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES A summw of the Company's significant accounting policies consistently applied in the preparation of the accompanying consolidated financial statements follows. 1. Basis of Presentation During 2002, The Jaynes Companies, an entity undcr common controI with Japes Corporation, was formed. On October 2: 2002, The Japes Companies common stock was exchanged for Jaynes Corporation common stock on a one-for-one basis. The exchange was accounted for under the pooling method, as allowed by Statement of Financial Accounting Standards (SFAS) No, 141, Business Combinations for entities under common control. The assets and operations of The Jaynes Companies consist almost entirefy of the consolidated assets and operations of Jaynes Corporation prior to the exchange. 2. Ooerations and Concentrations of Credit Risk The Jaynes Companies and Subsidiaries provide general construction services for owners located primarily in New Mexico, Nevada, and California. Credit losses relating to customers in the construction industry have been within management's expectations. Generally, collateral is not required on receivables, however, sources of project financing are confirmed with each owner prior to commencement of the project. The majority of the Company's fieldworkers are covered by collective bwgaining agreements, none of which expire in the near future. The Company maintains the majority of its cash balances in one financial institution located in Albuquerque, New Mexico. Thcse balances are insured by the Federal Deposit Insurance Corporation up to $100,000. The remaining balance is held in an overnight investment account. 3. Pn'ncides of Consolidation The consolidated financial statements include the accounts of the parent company, The Japes Companies, its wholly owned subsidiaries, Japes Corporation and Japes Corporation of California, and its majority owned subsidiary, Japes Structures, Inc. All significant inter- company balances and transactions have been eliminated in consolidation. Assets and liabilities of construction joint ventures are accounted for by the equity method in the accompsmying consolidated balance sheers, and the Company's related proportionate share of revenues and costs is included in the accompanying consolidated statements of earnings. -7- .-.- , The Japes Companies and Subsidiaries NOTES TO CONSOLIDATED FINANCIAL STATEMENTS - CONTINUED October 3 1,2004 and 2003 NOTE A - SUIKMARY OF SIGNIFICANT ACCOUNTI" POLICIES - CONTINUED 3. Goodwill Goodwill represents the excess of purchase price over fair value of net assets acquired. Goodwill was recorded in connection with the acquisition of the assets of Kvaas Construction Company, Inc. In June 2001, the Financial Accounting Standards Board issued Statement of Fhlcial Accounting Standards (SFAS) No. 142, Goodwill and Other Intangible Assefs, SFAS No. 142 requires that goodwill no longer be amortized. but evaluated annually for impaiment. 5. Recognition of Income and Long-Term Construction Contracts The accompanying fmancial statements are prepared according to the "percentage of completion" method and, therefore, take into account the profit eamed to date on contnicts not yet completed. The amount considered as eamed under this method is that portion of the total contract price the contractor has a right to bill, based on that portion of the contract work actually completed. It is not related to the progress billings to customers. The amount eamed on a project is that percentage of the contract that a measurement of the work put in place bears to the total work required. The amount of earnings recognized at the statement date is that portion of the total contract price that the cost expended bears to the anticipated final total cost, based on current estimates of cost to complete the project. At the time a loss on a contract becomes known, the entire amount of the estimated ultimate loss on both short and long-term contracts is accrued. Amounts earned on specific jobs in excess of billings (under-billings) are treated as a current asset; billings in excess of earnings (over-billings) are treated as a current liability. The length of the Company's contracts varies, but is typically about one year. Therefore, assets and liabilities are classSd as current because the contract-related items on the balance sheet have realization and liquidation periods due within one year. Balance sheet itam related to those contracts that extend beyond one year we classified as non-current whcre applicable. The Japes Companies and Subsidiaries NOTES TO CONSOLIDATED FINANCIAL STATEMENTS - CONTTNUED October 3 1 2004 and 2003 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED 6. Accounts Receivable 1 The Company considers accounts receivable to be fully collectible; accordingly, no allowance for doubtll accounts is required. If amounts become uncollectible, they will be charged to operations when that determination is made. Past due status of accounts receivable is based on contractual terms. 7. Inventories Inventories are stated at the lower of cost or market; cost is determined using the first-in, first-out method. 8. Investments in Construction Joint Ventures and mliated Companies Investments, which include ChusWJaynes and RezcodJaynes, are joint ventures engaged in buildmg construction and are stated at cost plus equity in undistributed nei earnings (losses) since date of acquisitian (see Note €3). Investments in the common stock of two affiliated companies are accounted for under the equity method (see Note C). 9. ProDertv. Ectubment. and Deureciation Property and equipment are cafiied at cost. Depreciation has been provided by the Company on both the straight-line and accelerated methods at rates adequate to amortize the cost of property and equipment over their estimated usell lives. Maintenance and repairs, including the replacement of minor items, are expensed as incurred, and major additions to property and equipment are capitalized. 10. Use of Estimates in Preparation of Financial Statements The preparauon of financial statcments in conformirj with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Significant estimates in the financial statements include the costs and estimated earnings in excess of billings on contracts in progress arid the billings in excess of costs and estimated earnings on conmcts in progress, which are inherent in the estimation process. -9- The Jaynes Companies and Subsidiaries N0TE.S TO CONSOLIDATED FLWANCIAL STATEMENTS - CONTINUED October 3 1,2004 and 2003 NOTE A - SUMMARY OF SIGNUFICANT ACCOUNTING POLICIES - CONTINUED 11. Stock ODtian Plan The Company applies the intrinsic due-based method of accounting prescribed by Accounting Principles Board (APB) Opinion No. 25, Accountingfor Sruck Issued to Employees, and related interpretations, in accounting far its fixed plan stock options. As such, cornpensation expense would be recorded on the date of grant only if the current market price of the underlying stock exceeded the exercise price. SFAS No. 123, Accounting for Stock-Based Compensation, established accounting and disclosure requirements using a fair value-based method of accounting for stock-based employee compensation plans. As dlowed by SFAS No. 123, the Company has elected to apply the intrinsic value-based method of accounting described above, and has adopted the disclosure requirements of SFAS No. 123. 12, Minority Interest -> The minority holders' inmest in net earnings is based upon their percentage of ownership. The accumulated minority interest of $110,894 and $104,356 for 2004 and 2003, respectively. reflected in the accompanying balance sheets, represent the fidl minority equiv interest of 29.4% iu Jaynes Structures, hc. 1 3. Advertising Advertising costs have been expensed as incurred. 14. Commehensive,tncome In the years ending October 3 1, 2004 and 2003, the Company had no changes in equity which constituted components of other comprehensive income. t 5. Reclassifications Certain reclassifications have been made to the 2003 data to conform to the 2004 presentation (see Note H). -10- The Japes Companies and Subsidiaries NOTES TO CONSOLIDATED mTANCIAL STATEMENTS - CONTINUED October 3 1,2004 and 2003 NOTE B - ADVANCES TO AND EQUITY IN CONSTRUCTION JOINT VENTURES The Company has a minority interest (49%) in Rezcon/Jaynes Joint Venture, a general partnership. All of the partners participate in consimction, which is under the general management of the Company. The investment is accounted for under the equity method. Summary information on the joint venture follows for the years ended October 3 1: 2004 2003 Cash and cash equivalents Accounts receivable - trade Other current assets Less liabilities Net assets Revenue Net income $ - $ 63,710 968, I57 5 10,790 228,085 310.182 1,196,242 884,682 (844,607) (742.385) $ 85 72 Com~anv’s interest Equity in net assets at beginning of year $ 132,297 $ 57,005 Share of joint venture net income, reported in gross pmfit 209.338 85.292 Due to Partner 35 1,635 142,297 57.985 - Equity in net assets at end of year $--. 4-0m Advances to and investments in other consmction joint venture partnerships a-e summarized as follows: Name - % Capital Ownershiu 2004 2003 RezcodJaynes Joint Venture - 49% $ 409,620 .% 142,297 Chusb’Jaynes Joint Venture - 49% 2 1,062 2 1.062 -1 1- The Japes Companies and Subsidides NOTES TO CONSOLKOATED FINANCIAL STATEMENTS - CONTINUED October 3 1,2004 and 2003 NOTE C - INVESTMENTS TN AFFILIATES During 2002, the Company purchased a minority interest (30%) in Global Structures, Inc., a general contractor. The Company is reimbursed by Global Structures, Inc. for certain overhead expenses. The investment is accounted for under the equity method. Summary information for the investee for the year ended October 3 1,2004 and the seven monh ended October 3 1,2003 is as follows: 2004 2003 Accounts receivable - trade $ 2,471,263 $ 2,979,938 Other current assets 413,828 497,145 Net property, plant and equipment 2.392 5.370 Less liabilities 2,887,483 3,482,453 (3203 227) (3.876.649) Stockholders’ deficit $-m .44 0 Revenue Net earnings Commmv’s interest Equity in net assets at beginning of year $ 90,816 $ 82,603 Equity in current year earnings 6.567 8.2 13 Equity in net assets at end of year During 2002, the Company also purchased a minority interest (. 14%) in American Contractors Tnsuranm Group, Ltd. Beginning September 2002, the investee company began providing certain insurance coverages for the Company and its subsidiaries. The Company accounts for this investment under the equity method. i -1 2- The Jaynes Companies and Subsidiaries NOTES TO CONSOLIDATED ‘EWANCIAL STATEMENTS - CONTIMED October 3 I, 2004 and 2003 NOTE C - INWSTMENTS IN AFFLLIATES - C0IV”i~D Investments in dEliates are summarized as follows: Name - % Canital Ownership Global S~TUC~UXS, IJIC. - 30% $ 97,383 $ 90,816 232.366 American Contractors Insurance Group, Ltd. - .14% 615.767 NOTE D - LONG-TERM DEBT 2004 2003 A summary of long-term debt follows: Wall Street Journal prime note payable, interest 2004 2003 only, due monthly, through March 2006, when the entire balance is due. Accounts receivable, contract rights, and general intangibles are pledged as collateral. The note is personally guaranteed by certain stockholders and an officer. Certain related entities are also borrowers under this note payable. $ 5,000,000 $ 5,000,000 Wells Fargo Bank prime note payable due in monthly installments through February 20 1 3. Certain real property is pledged as collateral. The note is personally guaranteed by certain stockholders and an officer. - 7% note payable to prior stockholder for the purchase of 16,7 15 shares of Company stock. Due in annual payments including interest; matures May 2008. Unsecured. Chase Manhattm prime mortgage payable, due in monthly &stallments through December 2008. Certain red property is pledged as collateral. The note is personally gumteed by certain stockholders and ai officer. 420,4 10 337,643 216,107 45 6,65 2 260,962 -13- The Japes Companies and Subsidiaries NOTES TO CONSOLIDATED FINANCLQL STATEMENTS - CONTINUED October 31,2004 and 2003 NOTE D - LONG-TERM DEBT - CONTINUED 200.1 2003 95,291 95,29 1 7.4% note payable, interest only due annually. A life insurance policy is pledged as collateral, Treasury Index plus 3.25% note payable, due in monthly installments until December 2005, when the entire balance is due. Certain red property is pledged as collateral. The note is personally guaranteed by an officer. 32,869 35,066 Treasury Index plus 3.25% note payable, due in monthly installments until December 2005, when the entire balance is due. Certain real property is pledged as collateral. The note is pcrsondly guaranteed by an officer. 32,869 35,066 i Treasury Index plus 325% note payable, due in monthly installments ktil .December 2005, when the entire balance is due. Certain real property is pledged as collateral. The note is personally guaranteed by an officer. 29,888 31,905 Treasury hdex plus 3.25% note payablc, due in montldy installments until December 2005, when the entire bdance is due. Certain real property is pledged as collated, The note is personally guaranteed by an officer. - 21,751 23,204 Subcontractor non-interest bearing note payable due in December 2003. Unsecured. - 357,256 6,186,828 6,295,402 (277.274) (567.625) Less current maturities of long-term debt -14- The Jaynes Companies and Subsidiaries NOTES TO CONSOLIDATED FINAWCLAL STATEMENTS - CONTINUED October 3 ‘1,2004 and 2003 NOTE .D - LONG-TERM DEBT - CONTINUED Aggregate maturities of long-temi debt for each of the five years succeeding October 3 1,2004 are as follows: 2005 2006 2007 2008 2009 Thereafter NOTE E -INCOME TAXES $ 277,274 5,172,049 181,392 193,756 67,425 294.932 The components of income tax expense are as follows: 2004 2003 Current Federal income axes $ 683,112 $ 347,394 State income taxes 152,470 41.807 Deferred expense -_ 835,582 389,201 38.485 33.504 Deferred income taxes reflect the net, tax effects of temporary differences between the carrying lunounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. The Company’s defcrred liability is due to thing differences attributable to depreciation for tax purposes exceeding depreciation for book purposes and to joint venture income for book purposes exceeding joint venture income for tau purposes. The effective rates of 40% in 2004 and 47% in 2003 differ hm the fcderal statutory rate of 39% primarily due to the effect of state income taxes, graduated tax rates, non-deductible meals, penalties, ofticer’s life insurance, depreciation and non-deductible ESOT compensation. -1 5- The Japes Companies and Subsidiaries NOTES TO CONSOLIDATED FINANCIAL STATEMENTS - CONTINUED October 31,2004 and 2003 NOTE F - COMMITMENTS The Company leases certain ofice equipment, construction equipment, and certain office space under operating leases expiring at various dates through 2007. These leases are transacted With related partnerships and do not contain renewal options. The minimum rental commitments under operating leases are as follows for the yeas ended October 3 1 : 2005 2006 2007 2008 A- $ 986,866 727,715 206,277 7,385 For October 31,2004 and 2003, the Company has issued guarantees aggregating $1,436,693 and $1,807,334, respectively on borrowings by a related partnership. Certain equipment of the partnership secures the guarantees. The Company monitors the financial performance of the partllershhip on a month& basis. No amount has been accrued under its guarantee arrangements. NOTE G - EMPLOYEE BENEFIT PLkVS The Company has a non-contributory employee stock ownership eligible non-union employees (see Note N). The Company has a 401K profit-sharing plan which covers all The plan allows for discretionary matching contributions by contributions were made as of October 3 1,2004 or 2003. for the Company’s obligation plan and trust which covers dl eligible non-union employees. the Company. No matching Union employees are covered by industry pension pIam under which the Company contributes monthly to the unions based upon hours worked by each employee. NOTE H - RELATED PARTY TRANSACTIONS To improve cash management, the Company restructured its cash accounts to combine its cash activity with a group of related parties and its subsidiaries. Under this restructuring, all Company receipts are swept daily, with all other group member receipt activity, into an account under the Company’s control. -16- - The Japes Compslnies and Subsidiaries NOTES TO CONSOLIDATED FI'N-UVCIAL STATEMENTS - CONTINUED October 3 1 , 2004 and 2003 NOTE H - RELATED PARTY TRANSACTiONS - CONTINUED All Company expenses are covered by the Company's disbursement account. When a related party disbursenients eclipse their receipts, an asset is created to track amounts due fiom the related party. The excess disbursement obligation is linked to a line-of-credit held by the Company, expiring in March 2006 with interest accruing at the bank rate, 4.75% and 4.00% at October 31, 2004 and 2003, respectively. A reclassification decreasing cash and increasing accounts receivable by $2,250,889 was made to the October 31, 2003 balances for consistent presentation. ' Contract accounts receivable COR~~~II $6,020,830 and $6,038,807 fiom related subsidiaries and affiliates at October 3 1, 2004 and 2003, respectively. Gross profit (loss) earned on projects contracted with related parties for the years ended October 3 1,2004 and 2003 was $(27,015) and $(4,63 9), respectively. NOTE I - CONTRACTS IN PROGRESS 2004 2003 Expenditures on uncompleted contracts $ 286,940s 19 $ 259,562,696 Estimated earnings on uncompleted contracts 1 1.8 10.349 10,793,465 Total costs and estimated earnings 298,750,468 270,356,161 Less billings to date (306,409,685) (279.1 7 1.997) hcluded under the following captions: Costs and estimated earnings in excess of billings on uncompleted contracts Billings in excess of costs and estimated earnings on uncompleted contracts $ 1,884,853 $ 1,490,910 (9,544.070) (10.306.746) - -1 7- r-- f ! ? c The Paynes Companies and Subsidiaries NOTES TO CONSOLIDATED FINANCIAL STATEMENTS - CONTINUED October 3 1 , 2004 and 2003 NOTE J - COST OF EARIWD REVENUES Cost of earned revenues are comprised ofthe following: 2004 Subcontracts Material Direct labor Sales tax Services and fees Equipment rental Insurance Payroll taxes and fringe benefits Subsistence and travel Pennits Utilities Testing NOTE K - NOTE RECEIVABLE $ 143,179,665 16,207,548 15,143,317 7,122,057 4,3 14,845 3,506,484 2,325,007 1,472,591 519,309 494,521 43 1,130 23 5.905 2003 $ 148,266,512 17,707,877 13,064,690 4,939,97 1 3,065,202 3,044,993 1,920,622 1,405,345 430,506 161,780 278,83 1 136.124 In September 2002, the Company purchased a debenture from American Contractors Insurance Group, an affiliated company, in the amount of $139,700. The Company will receive quarterly interest only payments at the prime rate published by the Wall Street Journal. The debenture matures July 23,2012. -18- rc "lie Jaynes Companies and Subsidiaries NOTES TO CONSOLIDATED FL"CI.4L STATEMENTS - CONTINUED October 3 1,2004 and 2003 #- NOTE L - OPERATING EXPENSES Operating expenses are comprised of the following: 2004 Salaries Rental Payroll taxes and fiinge benefits Repairs and maintenance Professional fees Office and data processing Gas and oil Insurance Depreciation and amortization Telephone and utilities Travel Business promotion Safety equipment Dues and subscriptions Donations Licenses and other taxes Advertising Small tools Field supplies and dump fees Less: Operating expenses allocated to jobs Less: Overhead expense reimbursed by affiliated companies -19- $ 4,240,437 1,647,870 904,444 579,005 486,360 468,96 1 433,825 334,804 306,284 299,509 257,230 238,183 173,908 139,169 1 16,956 109,898 8 1,239 36,787 6.792 10,861,661 (2,147,395) (306.2 14) 2003 $ 4,494244 1,626,393 949,217 625,568 344,83 1 5 17,929 3 63,025 342,297 319,412 344,176 269,6 12 283,535 176,43 8 129,402 127,603 139,709 85,809 37,575 7,580 11,086,355 (2,05 1 ,SO 1) (3 14.636) - i c _- The Jaynes Companies and Subsidiaries NOTES TO CONSOLIDATED FMANCTAL STATEMENTS - CONTINUED October 31,2004 and 2003 NOTE M - SUPPLE,ME"AL SCHEDULE OF NON-CASH AC"'IVITIE3 1. 2. 3. 4. 5. The Company records an ESOT loan yarantee liability and a contra-equity ESOT loan guarantee to account for ESOT common stock purchases (see Note N). During 2004 and 2003, payments were made to the lender on behalf of the ESOT for amounts due on the note. For 2004 and 2003 financial reporting purposes, compensation expense of $560,430 and $539,492 has been recorded based on the fair value of the committed shares released which includes a non-cash adjustment of $260,285 and $239,347, respectively. The non-cash adjustment relates to the difhence between historical cost and fXr value of the shares release in accordance with SOP 93-6, Employer's Accozcnting for EmpIoyee Stock Ownership Pians. For 2004, the Company recorded $1 19,411 in compensation expense for the diffwence in the strike price and €air value of exercised options. During 2004, Jaynes Corporation received 14,480 shares of hart stock in partial settlement of accounts receivable with a project owner. The 14,480 represents 80% of the total estimated shares to be distributed to the Jaynes Corporation. The total value of the shares at distribution was $1,227,942. The related receivable had previously been written down to $1,205,174. The difference was recorded as a reduction in costs of des for the related job. During 2004, The Jaynes Companies financed a $337,643 note payable with a €ormer stockholder for the repurchase of 16,7 1 5 shares of common stock. During 2004, Jaynes Corporation pedormed certain construction services in settlement of a note payable in the amount of $357,256 as settlement of an account payable with a subcontractor. NOTE N - LEVERAGED ESOT The Company has an Employee Stock Ownership Plan and Trust (the "ESOT") for the benefit of non-collectively bargained employees af the Company who have completed one year of service. Compensation is defined as the total amount of compensation of an employee received from or accrued by the employer, including bonuses, commissions, and overtime pay. On October 31 , 1996, the ESOT borrowed $1,700,000 at the bank's prime rate plus %% in an 8 %-year loan. which is guaranteed by the Company. The ESOT used the proceeds of the loan to purchase 160,000 shares ofthe Company's common stock. On December 28,2000, the ESOT borrowed $346,875 at the bank's prime rate plus 34% in a 5- year loan guaranteed by the Company. The ESOT used the proceeds of the loan to purchase 25,000 shares of the Company's common stock. -20- The Jaynes Companies and Subsidiaries NOTES TO CONSOLIDATED FINANCIAL STATEMENTS - CONTnWED October 3 1 , 2004 and 2003 NOTE N - LIEVEFMGED ESOT - CONTIhTJED The Company has reflected the guaranteed ESOT borrowings as both current and long-term debt on its balance sheets. The ESOT borrowings are collateralized by the unallocated shares of common stock. A corresponding amount of “Guaranteed ESOT Obligations” is recorded as a reduction of shareholders’ equity. As the Company makes tax deductible contributions to the ESOT to &e the principal and interest payments on the loan, shares acquired with the loan proceeds are allocated to ESOT participants and both the liability and the amount in shareholders’ equity are reduced. The Company’s payments to the ESOT were $852,740 in 2004 and $1,000,411 in 2003, and include compensation expense, principal, interest, and additional deductible amounts to be used for ongoing expenses of the plan. Amounts due the ESOT of $0 and $54,570 for 2004 and 2003, respectively, were recorded by the Company. The ESOT shares as of October 3 1, were as follows: 2004 2003 Allocated shares Shares released for allocation Unreleased shares Total ESOT shares Fair value of unreleased shares $ 270,130 $ 248,760 2 1,370 21,370 13.500 33.870 Maturities of long-term ESOT debt for each of the yem succeeding October 31, 2304 are as follows: 2005 2006 $ 184,761 17.339 -31- The Japes Companies and Subsidiaries NOTES TO CONSOLIDATED FINANCIAL STATEMENTS - CONTINUED October 3 1: 2004 and 2003 NOTE 0 - SIGNED CONTRACTS Through December 50, 2004, the Company had attained additional contracrs with estimated revenues of $88,965,674. Management estimates gross profit of $4,210,393 on these contracts, NOTE P - STOCK OPTION PLAN In 2000, the Company adopted a stock option plan (the Plan) pursuant to which the Company’s Board of Directors may grant options to key employees and executives. The Plan authorized grants of options of the Company’s common stock. The Board of Directors shall determine the total number of shares to be issued pursuant to the Plan. Stock options are pted with an exercise price equal to the stock’s fair market value at the date of the grant. Grant dates shall be in December of each year. The exercise date shall be four years after the date of the grant. For options granted, the exercise period shall be Dccemba, January and February, %ur years after the initial grant. The Company applies APB Opinion No. 25 in accounting for its Plan, and, accordingly, no compensation cost has been recognized for its stock options in the financial statements. Had the Company determined compensation cost based on the fair value at the grant date for its stock options under SFAS No. 123, the Company’s net earnings would have ken reduced to the proforma amounts indicated below: 2004 2003 Net earnings: As reported $1,304,563 $ 469,469 Proforma 1,292,3 1 5 452,401 The fair value of each option is estimated on the date of pant using the minimum value method. The following assumptions were used for grants in 2004 and 2003, respectively: risk-fkee interest rate of 2.85% and 2.5 1%, expected life of 4 and 3 years, and no expected dividends for either Yam The Japes Companies and Subsidiaries NOTES TO CONSOLIDATED FINANCIAL STATEMENTS - CONTINUED October 3 1,2004 and 2003 NOTE P - STOCK OPTTON PLAN - CONTINUED A summary of the status of the Company’s fixed stock option plan as of October 3 1,2004 and 2003 and changes during the years ending on those dates follows: Weigllted Average Exercise Shares Price Balance as of October 3 1,2002 60,530 $ 18.32 Granted 22,494 23.61 Exercised (2,024) 16.18 Forfeited (7.731) 22.35 Balance as of October 31,2003 73,269 $ 19.61 Granted * Exercised (9,871) 16.70 Forfeited (14.636) 20.14 Balance as of October 3 1,2004 $ 21.72 As of October 31,2004, none of the options were exercisable. The mge of exercise prices for outstanding options is from $18.50 to $23.61 and the weighted average remaining contractual life is 16.6 months. NOTE Q - ANALYSIS OF PENDING ACCOUNTING STANDARDS In December 2003, the Financial Accounting Standards Board issued Interpretation No. 46(R) (FIN 46R), Consolidation of Variable Interest Entities. FIN 46R established standards for identifying a variable interest entity and for determining the circumstances requiring consolidating a variable interest entity with its primary beneficiary. Management has not yet completed its evaluation of the applicability of the requirements of FIN 46R as it relates to its relatiomhip with the related party parmmhip holding its equipment leases described in Note F. Management anticipates concluding its assessment of potential effects before the issuance ofthe October 3 1.2005 financial statements. ,- -23- BIDDERS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (lo Accompany Proposal) CONTRACT NO. 39271-3 GOLF COURSE BUILDINGS The Sidder 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 CPFA to judge hidher responsibility, experience and skill. An attachment can be used. I I JAYNES CORPORATION 111 Elm Street, Fourth Floor San Diego, CA92101-2649 e Revised 10/08/03 Contract No. 39271-3 Page 22 of 72 Pages Major Projects Currently Under Construction Encina Water Pollution Control Facility Location: 6200 Avenida Encinas Owner: Encina Wastewater Authority Description: Carlsbad, California 43,600 SF Facility consisting of two new buildings. The buildings consist of a 2-Story, 31,000 SF operations building comprising off iceladministration, laboratory, board conference room and employee showerhcker room function and a 1-Story, 12,600 SF maintenance building comprising shop, off iceladministration and computer server functions. These buildings will replace existing buildings which are to be demolished in addition to complete new site development to the entire 3-acre parcel. Architect: Platt Whitelaw Percent Complete: 0% Contract Value: $14,600,000 Completion Date: December 2006 Reference: Tish Berg, Encina Wastewater Authority, Project Manager (760) 438-3941 Serra MesdKearny Mesa Public Library Location: 9005 Aero Drive San Diego, California Owner: City of San Diego Description: 15,250 SF Single-Story wood-framed Library Facility providing patrons with a computer lab, community and seminar rooms, three large courtyards offering plenty of seating areas. Design elements include and exterior with a textured plaster finish painted with subtle colors and detailed with multi-colored ceramic tile, rooflines of various heights using old world clay barrel tile with a multi-colored custom blend. The building uses Green Building Technology and recyclable materials. Architect: Coombs Architects & Planning Percent Complete: 22% Contract Value: $6,400,000 Completion Date: January 2006 Reference: Sepi Amirazizi, City of San Diego, Project Manager (61 9) 533-31 42 Page 1 of 4 Updated 5/25/05 Major Projects Currently Under Construction Padre Dam Municipal Water District Customer Service Center Location: 9300 Fanita Parkway Owner: Description: Santee, California Padre Dam Municipal Water District 30,000 SF Customer Service Center. This new facility, located at the south end of Santee Lakes Regional Park, will allow the District to consdidate its staff at one location. The building will house Padre Dam’s customer service center along with its engineering and administrative offices, next to the existing operations facilities. The 2- Story steel-framed building includes an exterior skin of stone, glass, and stucco. The design emphasizes the District’s continuing commitment to resource conservation through the use of solar shading devices for the windows, energy-saving mechanical and electrical systems, construction materials with a high recycled content, and drought tolerant planting. Architect: Robbins Jorgensen Christopher Architects Percent Complete: 28% Contract Value: Completion Date: Reference: lglesia Ni Cristo Location: Owner: Description: Architect: $7,675,000 November 2005 Neal Brown, Director of Engineering (61 9) 258-4645 1795 Rim Avenue San Diego, California lglesia Ni Cristo This 2-Story, 14,000 SF church building is a concrete and steel framed structure designed with a standing seam roof and 30 foot high steeples. The exterior has an elaborate plaster finish that incorporates decorative foam shapes that creates an intricate design. The interior is comprised of a ceramic tile baptistery pool, marble flooring, and crown molding on interior ceilings. EML Architecture Percent Complete: 88% Contract Value: $6,700,000 Completion Date: June 2005 Reference: Zaldy Charifa, Construction Manager (213) 621-2634 Page 2 of 4 Updated 5/25/05 Major Projects Currently Under Construction San Diego City College Indoor PE Facility Location: 131 3 Twelfth Avenue San Diego, California Owner: San Diego Community College District Description: 48,000 SF split-level gymnasium located on a sloped and constricted site. The structure consists of a caissodpile cap foundation, 3-Story structural steel frame with cast-in-place block and metal stud exterior and interior walls. The scope of work also included extensive site work. This Physical Education Facility houses regulation NCAA basketball courts with wood flooring, telescoping bleachers, a fitness and exercise center, team locker rooms, official’s offices and a concession stand. Architect: TBP Architecture Percent Complete: 92% Contract Value: $9,400,000 Completion Date: June 2005 Reference: Bryan Adams, District Architect (619) 388-6545 National City Public Library Location: 1401 National City Boulevard Owner: City of National City Description: National City, California 49,291 SF 2-Story Steel Framed library. Architectural features include an elliptical-shaped 2-Story reading room, grand interior circular staircase, separate adult & children collection areas, three computer labs, local history room & a large public meeting room. The 85,300 SF site will also feature 95 parking spaces. Architect: Carrier Johnson Percent Complete: 82% Contract Value: $1 2,000,000 Completion Date: June 2005 Reference: Stephen Kirkpatrick, Director of Public Works (61 9) 336-4580 Page 3 of 4 Updated 5/25/05 Major Projects Currently Under Construction Windansea Beach Homes Location: Owner: Windansea Beach Homes, LLC Description: Architect: Dominy & Associates Percent Complete: 90% Contract Value: $12,000,000 Completion Date: June 2005 Reference: Rod McPherson, Owner 31 0 - 340 Playa del Sur La Jolla, California New construction of eight 4,000 SF, 4-StOry, custom residential homes. Each home has a unique steel-frame design, including burnished block construction, natural cedar trim, and curving zinc roofs. (61 9) 21 8-5288 UCSD Campus Emergency Services Facility, Const. of Police Facilities Location: 9500 Gilman Drive La Jolla, California Owner: University of California, San Diego Description: The project entails the renovation of 8,798 SF of the Campus Services Building B and construction of an addition to the building of 5,995 SF. The new construction consists of load bearing masonry units with roof of metal deck supported by steel beams. Anshen t Allen, Los Angeles Architect: Percent Complete: 98% Contract Value: $3,815,000 Completion Date: June 2005 Reference: J.R. Dial, Manager (858) 534-1981 Page 4 of 4 Updated 5/25/05 Completed Shell Projects Seismic Retrofit of Building 136 Location: 1400 Park Boulevard San Diego, California Owner: San Diego Community College District Description: The scope of work for this 19,000 SF facility consisted of selective demolition of the existing 2-Story 1929 historic structure, including removal of all the exterior footings and walls, roof, shoring of floor joists and flooring, and cast-in-place stair wells. The reconstruction of a 2- story building included a caissodgrade beam foundation, timber framing, clay tile roof, carbon fiber wrapping of interior concrete walls and substructure excavation. Interface I integration of structural, electrical, and mechanical with the adjacent building was also part of the scope of work. The building was designed for usage as a computer-training center. Structural Design Construction and Associates .Architect: Jaynes % of Cost: % Contract Value: $3,650,000 Completion Date: May 2005 Reference: Errol Mendaros, Architect (619) 460-1250 Miramar College Science & Technology Building Location: 10440 Black Mountain Road Owner: Description: San Diego, California San Diego Community College District 42,000 SF 2-story Science & Technology Building consisting of clean rooms, labs, cadaver rooms, classrooms, office and chemical storage areas. Tucker Sadler Nobel Castro Architects Architect: Jaynes % of Cost: 15% Contract Amount: $9,500,000 Completion Date: September 2004 Reference: Bryan Adams, District Architect (61 9) 388-6546 Page 1 of 5 Updated 5/25/05 Completed Shell Projects Miramar Technology & Distribution Center Location: San Diego, California Owner: Description: San Diego Community College District 59, 556 SF 2-story Concrete Tilt-up Building on a 2.27 acre site. The building was designed for warehouse usage including offices on the 2d floor. Architect: Mansour Architectural Jaynes % of Cost: 15% Contract Amount: $5,200,000 Completion Date: September 2004 Reference: Bryan Adams, District Architect (61 9) 388-6546 Miramar College Advanced Transportation Building Location: San Diego, California Owner: Description: Architect: San Diego Community College Jaynes % of Cost: 15% Contract Amount: $1,200,000 Completion Date: January 2004 Reference: Bryan Adams, District Architect San Diego Community College District 12,000 SF Wood-framed transportation building, which includes auto shop, classrooms and off ices. (61 9) 388-6546 Mesa College Humanities, Languages & Multicultural Studies Building Location: Mesa College Drive Owner: Description: San Diego, California San Diego Community College District 44,000 SF Building Complex. This project consisted of a 3-Story multifunctional building designed to house classrooms and offices including two large auditorium classrooms with amphitheater seating. The building complex is actually three seismically separate structures, designed with a brace-frame steel structure with conventional spread footing. The exterior skin is acrylic finish over cement plaster and glass curtain wall. The lecture rooms and classrooms contain state-of-the-art digital projection, video, audio, and lighting controls. All campus buildings have “stand-alone” mechanical systems. The budget dictated a roof-mounted, air-cooled chiller. Architects Delawie Wilkes Rodrigues Barker Architect: Jaynes % of Cost: 15% Contract Amount: $7,400,000 Completion Date: January 2003 Reference: Bryan Adams, District Architect (61 9) 388-6546 Page 2 of 5 Updated 5/25/05 I I Completed Shell Projects Mission Valley Branch Library Location: 2123 Fenton Parkway San Diego, California Owner: City of San Diego Description: 20,000 SF Steel-Framed Branch Library with mezzanine. The building encompasses a large community room, two seminar rooms, computer lab, and a children’s library. Architectural features include a Clock Tower with a glass top that glows with various colors, a vaulted metal roof with glass, and stainless steel wall at the entry. Wheeler, Wimer, Blackman & Associates Architect: Jaynes % of Cost: 10% Contract Amount: $5,375,000 Completion Date: May 2002 Reference: Nader Abuljebain, Associate Civil Engineer/ Project Manager (61 9) 533-31 46 Child Development Center & Learning Resource Center Remodel Location: Owner: Description: Architect: Jaynes % of Cost: Contract Amount: Completion Date: Reference: 8800 Grossmont College Drive El Cajon, California Grossmont - Cuyamaca Community College District 16,308 SF wood framed building designed to house administrative off ices, classrooms, indoor and outdoor children’s play areas. The main structure is broken down into smaller house-like structures, to give children a sense of “home”. Each ”house” has unique coloring and design, inside and out. NTD Architects 10% $2,880,454 October 2001 Dale Switzer, Director, Facilities Planning & Development (61 9) 644-7807 Page 3 of 5 Updated 5/25/05 i XIS \ Completed Shell Projects Adat Yeshurun Congregation Synagogue Complex Location: Owner: Adat Yeshurun Congregation Description: 8625 La Jolla Scenic Drive North La Jolla, California 12,769 SF Synagogue Complex. The complex encompasses a wood framed, single-story classroom and off ice building with a trellis area. Design features include a standing seam roof and natural finished wood framed windows. The synagogue is adjacent to this building and was designed with a 34-foot high vaulted ceiling that incorporates naturally finished glu-lam beams, timbers and tongue and groove decking. The synagogue also contains kosher kitchen and a mezzanine that is naturally illuminated from fixed windows and full-light panel doors. Architect: M.W. Steele Group, Inc. Jaynes % of Cost: 15Y0 Contract Amount: $2,842,560 Completion Date: January 2001 Reference: Brian Marcus, Chairman, Building Committee (858) 535-1 196 Indian Health Center Location: Pauma Valley, California Owner: Indian Health Council Description: Architect: Duane Lillian Jaynes YO of Cost: 15% Contract Amount: $5,303,376 Completion Date: April 2000 Reference: 50,073 SF Medical and Dental Facility for Nine Local Indian Tribes Dennis McGee, Executive Administrator (Emeritus) (760) 742-3026 Page 4 of 5 Updated 5/25/05 U I Completed Shell Projects Congregation Beth Am Sanctuary & Social Hall Location: Owner: Description: 5050 Del Mar Heights Road San Diego, California Congregation Beth Am of North County 36,730 SF Religious Facility. This project is a single story structural steel frame building constructed with a metal stud and exterior insulation finish system. Architectural elements include a copper dome and slate tiled roof; a Remembrance Wall at the entry; and an expansive courtyard featuring decorative concrete and tile paving and two fountains. The interior layout includes a sanctuary with fixed seating, large social hall, vestibule, restroom facilities and a kitchen designed for Kosher food preparation. Architect: Witkin Design, Inc. Jaynes Yo of Cost: 10% Contract Amount: $4,391,633 Completion Date: June 1999 Reference: Evan Mead Stone, Chairman, Building Committee (858) 350-1 950 Shoal Creek Elementary School Location: 11775 Shoal Creek Drive Owner: Poway Unified School District Description: Architect: The Bluerock Partnership Jaynes % of Cost: 10% Contract Amount: $7,132,848 Completion Date: January 1999 Reference: Poway, California New 45,700 SF, Elementary School Complex with Gymnasium, Hard Court Play Areas and Ball fields Doug Mann, Director of Maintenance & Operation (858) 679-2522 Page 5 of 5 Updated 5/25/05 c. BIDDERS CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS, LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) CONTRACT NO. 39271 -3 GOLF COURSE BUILDINGS As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, - non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. a Revised 10/08/03 Contract No. 3927 1-3 Page 23 of 72 Pages I ACORD, INSURED Jaynes Corporation of California; Contractor's Leasing, Ltd 11 1 Elm Street, Fourth Floor San Diego, CA 92101 RECEIVED AUG 1 2 Zoo5 ISSUE DATE I CERTIFICATE OF INSURANCE I 08~09~2005 Company Company C Company D Company AClG Insurance Company r co LT A A Birmingham, AL 35202 205-252-9871 TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY GD05083014 Commercial General Liability 0 Claims Made Occurrence 0 Owners' and Contractors' Protection General Aggregate Limit applies per: 0 Policy Project OLocation AUTOMOBILE LIABILITY AR05083011 0 All Owned Automobiles Any Automobile COMPANIES AFFORDING COVERAGE Company A American Contractors Ins Co RRG EFFECTIVE EXPIRATION 06/01/2005 06/01/2006 LIMITS OF LIABILITY I$ 2,000,000 FIRE DAMAGE I$ 100,000 EACH OCCURRENCE JAYNES CORPORATION I E- This is to certify that the policies of insur&%eS&hk&%%ln have been issued to the Insured named herein for the policy Deriod indicated. Notwithstanding MEDICAL EXPENSE PERS. AND ADVERTISING INJURY GENERAL AGGREGATE PRODUCTS AND COMP. OPER. AGG. any requirement, term oicondition of contract or other document with respect to which this certificate may be issued or maybertain, the insurance afforded by the policies described herein is subject to all the terms, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims. $ 5,000 2,000,000 $ $ 4,000,000 S 4.000.000 06/01/2005 06/01/2006 0 Scheduled Automobiles 0 Hired Automobiles c] Non-owned Automobiles I$ 2,000,000 COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) COMPREHENSIVE COLLISION WC Statutory Limit I x I Other 1 I EL EACH ACCIDENT EL DISEASE (Policy Limit) EACH OCCURRENCE EL DISEASE (Each employee )$ AGGRFGATF $ 1,000,000 1,000,000 $ 1,000,000 B U WORKERS COMPENSATION W DO5083032 AND EMPLOYERS LIABILITY EXCESS LIABILITY 0 Occurrence 0 Claims Made 06/0 112005 06/01/2006 J"' t City of Carlsbad Public Works Purchasing Department Attn: Kevin Davis 1635 Faraday Avenue Carlsbad, CA 92008-7314 Project Name: Carlsbad Municipal Golf course Project-Buildings, Projec Location: Carlsbad, CA 92008-7314 The City of Carlsbad, its officials. employees and volunteers are named as Additional Insureds with respect to General Liability and Automobile hereunder as respects liability arising out of activities performed by or on behalf of the Named Insured as required by written contract subject to policy terms, conditions and exclusions. General Liability and Automobile Coverage are primary insurance as respects the City, its officials, employees and volunteers. CERTIFICATE HOLDER IO. 39721-3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Authorized Representative -. $i..Ld3 Certificate ID. VBZ6N6R6 ENDORSEMENT AlTACHED TO AND FORMING PART OF POLICY NO. GD05083014 'EFFECTIVE DATE 'ISSUED TO OF ENDORSEMENT 08/08/05 Jaynes Corporation of California ADDITIONAL INSURED - OWNERS. LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Carlsbad, its officials, employees and volunteers, Public Works Purchasing Department, 1635 Faraday Avenue, Carlsbad, CA 92008-7314 WHO IS AN INSURED (Section u> is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. IT IS FURTHER AGREED THAT THE INSURANCE PROVIDED BY THIS ENDORSEMENT IS PRIMARY. OTHER INSURANCE AFFORDED TO THE ADDITIONAL INSURED SHALL APPLY AS EXCESS OF, AND DOES NOT CONTRIBUTE, WITH THE INSURANCE PROVIDED BY THIS ENDORSEMENT. - All other terms and conditions remain unchanged. Endorsement No. 3 1 Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the above mentioned Policy, other than as above stated. Agency Name and Address Carrier Name and Address 0 ACIG Insurance Agency, Inc. 0 0 American Contractors Insurance 12222 Merit Drive, Suite 1660 Dallas, TX 75251 (972) 702-9004 Dallas, TX 75251 Company Risk Retention Group 12222 Merit Drive, Suite 1660 - 0 0 0 (972) 702-9004 CG 20 10 11 85 CH:kh:9 1403UN.~pd\08/16/05 ENDORSEMENT ATTACHED TO AND FORMING PART OF POLICY NO. GDOS 083 0 1 4 'EFFECTNE DATE 'ISSUED TO OF ENDORSEMENT 08/08/05 James Coruoration of California CITY OF CARLSBAD CANCELLATION CLAUSE It is hereby understood and agreed that this policy may not be canceled, materially changed, nor the amount of coverage thereof reduced until thirty (30) days after written notice of cancellation or reduction in coverage is provided to City of Carlsbad, its officials, employees and volunteers, Public Works Purchasing Department, 1635 Faraday Avenue, Carlsbad, CA 92008-73 14. Coverage under this policy shall be primary and noncontributing with any other insurance available to City of Carlsbad. Endorsement No. 32 Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the above mentioned Policy, other than as above stated. Agency Name and Address Carrier Name and Address e ACIG Insurance Agency, Inc. e American Contractors Insurance Company 12222 Merit Drive, Suite 1660 Dallas, TX 75251 Risk Retention Group 12222 Merit Drive, Suite 1660 c (972) 702-9004 Dallas, TX 75251 e e (972) 702-9004 rn CH:kh : 9 I 402LTM08/I 6/05 ENDORSEMENT The following spaces preceded by an asterisk r) need not be completed if this endorsement and the policy have the same inception date. AlTACHEO TO AND FORMING 'EFFECTIVE DATE 'ISSUED TO OF ENOORSEMENT I 08/08/05 I James Corporation of California PART OF POLICY NO. AR05083011 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: BUSINESS AUTO LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Carlsbad, its officials, employees and volunteers, Public Works Purchasing Department, 1635 Faraday Avenue, Carlsbad, CA 92008-7314 WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. All other terms and conditions remain unchanged. (L- Endorsement No. 20 Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the above mentioned Policy, other than as above stated. Agency Name and Address 0 ACIG Insurance Agency, Inc. 0 0 American Contractors Insurance 12222 Merit Drive, Suite 1660 Dallas, TX 75251 (972) 702-9004 Dallas, TX 75251 Company Risk Retention Group 12222 Merit Drive, Suite 1660 0 0 0 (972) 702-9004 r' 0 BA 20 10 11 85 CH:kh:91401uM08/16/05 r ATTACHED TO AND FORMING PART OF POLICY NO. AR05083011 ENDORSEMENT 'EFFECTIVE DATE 'ISSUED TO OF ENDORSEMENT 08/08/05 Japes Corporation of California CITY OF CARLSBAD CANCELLATION CLAUSE It is hereby understood and agreed that this policy may not be canceled, materially changed, nor the amount of coverage thereof reduced until thirty (30) days after written notice of cancellation or reduction in coverage is provided to City of Carlsbad, its officials, employees and volunteers, Public Works Purchasing Department, 1635 Faraday Avenue, Carlsbad, CA 92008-73 14. Coverage under this policy shall be primary and noncontributing with any other insurance available to City of Carlsbad. Endorsement No. 21 Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the above mentioned Policy, other than as above stated. Agency Name and Address Carrier Name and Address e ACIG Insurance Agency, Inc. e American Contractors Insurance Company 12222 Merit Drive, Suite 1660 Dallas, TX 75251 (972) 702-9004 Dallas, TX 75251 Risk Retention Group 12222 Merit Drive, Suite 1660 e 0 (972) 702-9004 0 , -.. BIDDERS STATEMENT RE: DEBARMENT (To Accompany Proposal) CONTRACT NO. 39721-3 GOLF COURSE BUILDINGS Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? If yes, what waslwere the name(s) of the agency(ies) and what waslwere the period(s) of debarment@)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency 4-- period of debarment period of debarment BY CONTRACTOR: Jaynes CorAoration/l ofcalif ornia By: I/ (sign here) (print nameltitle) Richard Cohen, Senior Vice President Page 1 of 1 pages of this Re Debarment form Revised 10/08/03 Contract No. 39271 -3 Page 24 of 72 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) GOLF COURSE BUILDINGS CONTRACT NO. 39721-3 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X no 2) Has the suspension or revocation of your contractors license ever been stayed? 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? F 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? X Yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary adion pertain to, describe the nature of the violation and the disciplinary action taken therefor. P (If needed attach additional sheets to pmvide full disclosure.) Page 1 of 2 pages of this Disclosure of Discipline form Revised 10/08/03 Contract No. 39271 -3 Page 25 of 72 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CONTRACT NO. 39721-3 GOLF COURSE BUILDINGS 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 pnvide full disclosure.) BY CONTRACTOR: Jaynes CorppS3tion of California Richard Cohen, Senior Vice President (print namehitle) Page - 2 of 2 pages of this Disclosure of Discipline form e Revised 10/08/03 Contract No. 39271-3 Page 26 of 72 Pages -4 I rc- NON-COLLUSION AFFIDAVIT TO BE EXECUTED PUBLIC CONTRACT CODE SECTION 7106 CONTRACT NO. 39721-3 GOLF COURSE BUILDINGS BY BIDDER AND SUBMITTED WITH BID State of California 1 Countyof San Diego 1 ) ss. Richard Cohen , being first duly sworn, deposes (Name of Bidder) and says that he or she is of Jaynes Corporation of California Senior Vice President (Title) (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 1 declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the 22nd dayof June ,2005. Signature $Bidder Subscribed and sworn to before me on the ,2005. (NOTARY SEAL) ary Public - Califomla a Revised 10/08/03 Contract No. 39271-3 Page 27 of 72 Pages ,- CONTRACT PUBLIC WORKS This agreement is made this /P day of b&&lP{ , 2005, bv and between the CPFA. a municiDal corDoration. (hereinafter called 'CPFA"), and * JAYNES CORPORATION OF CALIFORNIA ' whose principal place of business is 111 ELM STREET 4TH FLOOR SAN DIEGO CA 92101-2646 (hereinafter called "Contractot"). CPFA and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for Project No. 39721-3, Golf Course Buildings for the Carlsbad Municipal Golf Course, (hereinafter called "project") 2. equipment, and personnel to perform the work specified by the Contract Documents. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum@) 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. c_ 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 CPFA will be the interpreter of the intent of the Contract Documents, and the CPFA'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, CPFA shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC), latest 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 wrking day of each month. 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 CPFA about underground conditions or other job conditions is for Contractor's convenience only, and CPFA 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 CPFA. - Revised 10/08/03 Contract No. 39271 -3 Page 28 of 72 Pages 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 CPFA, in writing, of any: c A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated . C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. CPFA 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 CPFA 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. rc 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 CPFA 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. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the CPFA, 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 CPFA. 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 CPFA against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the CPFA. Defense costs include the cost of separate counsel for CPFA, if CPFA requests separate counsel. Revised 10/08/03 Contract No. 39271-3 . Page 29 of 72 Pages Contractor shall also defend and indemnify the CPFA 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 CPFA. Defense costs include the cost of separate counsel for CPFA, if CPFA requests separate counsel. - IO. 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 CPFA's policy for insurance as stated in Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the CPFA 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 'khether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. - c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the CPFA. (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 CPFA, 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 CPFA, 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. b. The Contractor's insurance coverage shall be primary insurance as respects the CPFA, its officials, employees and volunteers. Any insurance or self-insurance maintained by the CPFA, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. to the CPFA, its officials, employees or volunteers. Any failure to comply with reporting provisions of the policies shall not affect coverage provided rc- 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. Revised 10/08/03 Contract No. 39271-3 Page 30 of 72 Pages (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be non-renewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the CPFA 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 CPFA. At the option of the CPFA, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the CPFA, 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 CPFA or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the CPFA under Carlsbad CPFA Council Resolution No. 91403. (H) Verification Of Coverage. Contractor shall furnish the CPFA 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 CPFA and are to be received and approved by the CPFA before the Contract is executed by the CPFA. c (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 CPFA using the informal dispute resolution process described in Public Contract Code subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the CPFA 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 CPFA, 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 _c- a Revised 10/08/03 Contract No. 39271-3 Page 31 of 72 Pages claim to a public entity. These provisions include false claims made with deliberate ignorance of the (D) Penalty Recovery. If the CPFA seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. . false information or in reckless disregard of the truth or falsity of the information. P (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the CPFA 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. A I have read and understand all provisions of Section I1 above. init init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the CPFA, 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 CPFA by certified letter accompanying the return of this Contract. Contractor shall notify the CPFA 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 CPFA 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 CPFA may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. a Revised 10/08/03 Contract No. 3927 1-3 Page 32 of 72 Pages r 16. 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 ATACHED (CORPORATE SEAL) CONTRACTOR: Jaynes Corporation of California By: Richard Cohen, Senior Vice President (print name and title) By: (sign here) (print name and title) ClNG AUTHORITY, State of California ATTEST: President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL Counsel A /- @ Revised 10/08/03 Contract No. 39271-3 Page 33 of 72 Pages - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I- I State of California County of San Diego On mbefore me, Kathryn A Pfaff, Notary Public t Name and Title of Officer (e.9.. “Jane Doe. Notary Public”) personally appeared Richard Cohen , Name(s) of Signer@) ff personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(%) whose name($ is/XlH subscribed to the within instrument and acknowledged to me that helE€EXOSg executed the same in wK”K&g capacity(&), and that by hi signature@) on the instrument the person the entity upon behalf of which the person*) acted, executed the instrument. WUNESS my hand and official seal. Notary Public - California Place Notary Seal Above OP TI0 NA L Though the information below is not required by law, it may prove valuable to persons reiying on the document and could prevent fraudulent removal and reattachment of this form to another document. d Description of Attached Document Title or Type of Document: !m@hfy~ Document Date: I & Number of Pages: & Signer(s) Other Than Named Above: t n?B3/7_p 0 Individual 0 Corporate Officer - Title(s): 0 Partner - Limited General 0 Attorney in Fact C Trustee 0 Guardian or Conservator 0 Other: I I Signer Is Representing: 0 1997 National Notary Association - 9350 De Solo Ave.. PO. Box 2402 Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 .c JAYNES CORPORATION OF CALIFORNIA (Formerly known as Kvaas Constructors, Inc.) S EC R ETARY 'S CERTl FI CATE I, Wayne Davenport, Secretary of Jaynes Corporation of California (formerly known As Kvaas Constructors, Inc.), a California corporation (the "Corporation"), hereby certify as follows: 1. I am the duly elected, qualified and acting Secretary of the Corporation. 2. The following resolution was duly adopted by the Board of Directors of the Corporation at a meeting held on September 24, 2003. Such resolution has not been amended, modified or rescinded, and remains in full force and effect as of the date he reof: WHEREAS: The Corporation is currently conducting and is expected to regularly conduct business with various agencies and owners (collectively "Owners") within the state of California, which business entails executing and delivering various documents and agreements with Owners, consistent with the Corporations objectives, and WHEREAS: It is deemed to be in the best interests of the Corporation to authorize Rick Cohen, the Senior Vice President of the Corporation, to execute and deliver any and all documents and agreements with Owners that he deems necessary or advisable, IT IS HEREBY RESOLVED: That Rick Cohen, the Senior Vice President of the Corporation, is authorized and directed to execute and deliver any and all documents and agreements with Owners on behalf of the Corporation that he deems necessary or advisable, and to take such further action as is necessary to carry out the purpose and intent of this resolution as he, in his discretion, deems advisable. IN WITNESS WHEREOF, I have executed this Certificate as of September 24, 2003 Gr.MvM Wayne D&enport, Secreta& Bond NO. 929373429 .- LABOR AND MATERIALS BOND WHEREAS, the Board of Directors of the Carlsbad Public Financing Authority, State of California, by Resolution No. 10 , adopted JULY 26, 2005 , has awarded to (hereinafter designated as the "Principal"), a Contract for: Golf Course Buildings, Contract No. 39721-3 in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the CPFA Clerk / Secretary of the CPFA 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. JAYNES CORPORATION OF CALIFORNI A NOW, THEREFORE, WE, JAYNES CORPORATION OF CALIFORNIA 1 as Principal, (hereinafter designated as the "Contractor"), and -TAT, C~TY COMPANY as Surety, are held firmly bound unto the CPFA in the sum of TEN MILLION SIX HUNDRED SIXTY-ONE THOUSAND FIFTY-TWO AND N0/100--- Dollars ($10,661.052.00 ), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the CPFA, 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. IC 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 31 81, 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 thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. 43 Revised 10/08/03 Contract No. 39271-3 Page 34 of 72 Pages '- c 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 10th Executed by SURETY this ~QTH day day of October ,2005. of AUGUST ,2005. CONTRACTOR: SURETY: CON- CAS- (name of Surety) (address of Surety) (telephone number of Surety) 320 Osuna NE, Suite G-1, Albuquerque, NM 87107 (505) 262-2621 (print name here) Sr. Vice-president (title and organization of signatory) By: -* By: CARL S. CONLEE. 111 (sign here) (printed name of Attorney-in-Fact)- (attach corporate resolution showing current power (print name here) 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 Counsel By: Deputyeounsel ' @ Revised 10/08/03 Contract No. 39271-3 Page 35 of 72 Pages UCI 13 dUU3 ll:3ZHll JHYl’lt3 CUKYUKHllUN Ut- LHL IblYJd~4-4UYU JAYNES CORPORATION OF CALIFORNIA (Formerly known a6 Kvaas Constructors, Inc.) SECRETARY’S CERTIF CAT€ I, \??'sync Esvsnpor!, Secretary r,f Jaynes Corporation of California (formerly known As Kvaas Constructors, Inc.), a California corporation (the “Corporation”), hereby certify as follows: 1, I am the duly elected, qualified and acting Secretary of the Corporation. 2. The following resolution was duly adopted by the Board of Directors of the Corporation at a meeting held on September 24, 2003. Such resolution has not been amended, modified or rescinded, and remains in full force and effect as of the date hereof: WHEREAS: The Corporation is currently conducting and is expected to regularly conduct business with various agencies and Owners (collectively “Owners”) within the state of California, which business entails executing and deliverhg various documents and agreements with Owners, consistent with the Corporations objectives, and rc WHEREAS: It is deemed to be in the best interests of the Corporalion to authorize Rick Cohen, the Senior Vice President of the Corporation, to execute and deliver any and all documents and agreements with Owners that he deems necessary or advisable, IT IS HEREBY RESOLVED: That Rick Cohen, the Senior Vice President of the Corporation, is authorized and directed to execute and deliver any and all documents and agreements with Owners on behalf of the Corporation that he deems necessary or advisable, and to take such further adion as is necessary to carry out the purpose and intent of this resolution as he, in his discretion, deems advisable. IN WITNESS WHEREOF, I have executed this Certificate as of September 24,2003 Wayne Wen PO rt ,-Secreta& '.. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of NEW MEXICO county of BERNALILLO 3n 8/10/05 before me, MURIEL BRAY DATE NAMC, TITLE or orricm . Lg, "JANE WE, NOTARY rumc sersonally appeared CARL CONLEE, II' NAME(S) OF SlWR(S) hersonally known to me - OR - - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscnbed to the within instrument and acknowledged to me that he/she/ they executed the same m his/her/ their authorized capacity(ies), and that by his/her/thelr signature(s) on the insbmment the person(s), or the entity upon behalf of which thc person(s) acted, executed the instrument. ---OPTIONAL SECTION-- CAPACITY CLAIMED BY SIGNER Thoueh stattite doer not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the docurncnt. - x INDIVIDUAL - CORPORATE OFFICER@) TiTLE(S) LIMITED -GENERAL PARTN ER(S) x ATTORNEY-M-FACT TRUSTEE(S) GUARDIANICONSERVATOR 0-1 HEK SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) CONTINENTAL CASUALTY COMPANY rHE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES' C. TE OF DOCUMENT 3oiyh the data requested here IS not quid by law. auld prevent rnuduknt IfactaEbment of this form. 'L NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES F The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable suretyhsurer deductible. ,- Form F7310 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By There Presents, That Continental Casualty Company, an IUinoiS corporation, National Fire Insurance Company of Hadford, a .- are duly organized and existing Corporations having their principal ofices in the City of Chicago, and State of Jllinois, and that they do by virtue of the Conndcut corporaOlos and American casualty Company of Reading, Pesosylvania, a Pennsylvania COIporation (herein called “the CNA Gees'?, signatures and seals her& affixed hereby make, constitute and appoint Robert L Brooks, Bart H Kinney III, Michael L Chrestman, Car1 S Conlee HI, Dean E Vigil, Sarah J Hamilton, David D Gebhardt, Individually of Albuquerque, NXf, their (rue md lawibl Attorney(s>in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligato? inmcnts of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized oficer of their corporations and all the acta of said Attorney, pursuant to the authority hereby given is hereby ratified and confiied This Power of Attorney is made and executed pursuatrt to and hy authority ofthe By-Law and Resolutions, printed on thc reverse hereof, duly adopted, as indicated, by the Board.. of Directors of the corporations. In Witness Whereof, the CNA Companies have caused these. presents to be signed by their Senior Vice Prcsidcnt and their corporate seals to be hereto affixed on this 14th day of Jan-, 2004. Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Mi’chael Gcngler State of Illinois, County of Cook, ss: On this 14th day of January, 200.1, before me personally came Michael Gengler to me known, who, being by mc duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is H Senior Vice President of Contincntal Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connectkut corpomtion, and American Casvalty Company of Reading, Pennsylvania, a Pennsylvania corporation described m and which executcdthe above instmnmt; lhat he knows thc seals of said corporations; that the seals amxed to the said instrument are such corporate seals, that thq were so aixed pursuant to authority given by the Boards of Directors of said corporations and that hc signed his name thereto pursuant to like authority, and acknowledges me to be lhe act and docd of said corporations. @& OFFICIAL SEAL ELlZA PRICE mTMVrWUC, WAlZ Of UNW YVOMIY--.:LYllRl My Commission D Expires September 17, 2006 Eliza Xce Notary Public CERTIFICATE I, Mary A. Kibikawskis, Assistant Secretary of Contiiienlal Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, n Connecticut corporation, and American Casualty Company of Reading, Pemyhnia, tl Pennsylvania corporalbn do hereby Certify that the Power of Attorney herein above set forth is dll in force, and furtha certify that the By-Law and Resolution of the Board of Directors of the corporations prinkd on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my n.me and ailixcd the seal of the said corporations this 1 OTH day of AUGUST , 2005 . Continental Casualty Comp,my National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Authorizing By-Laws and Resolutions ADOPTED UY THE BOARD OF DIRECTORS OF CONTINEYTAL CASIJXTY COMPANY: This I’owcr of Attorney is made und executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. “Article IX-Execution of Documents Section 3. Appointmcnt of Attorncy-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vise President may, from time to time. appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurancc. bonds, undertakings and other obiigatoF instruments of’ like nature. Such attorneys-in-fact, subject to the limitntions set forth in their respective certificatcs of authority, shall hare full power to bind thc Company by their signature and execution ofany such instruments and to attach the seal ofthe Company thcrerro. The Chairman of the Hoard of Directors, the Presidcnt or any Executive, Senior or Group Vice President or the Hoard of Diredors. may. at any rime, revoke all power and authority previously given to any attorney-in-fact.” This Power ofhnorney is signed and sealed by facsimilc under and by the authority ofthe Mowing Kesolution adopted by the Hoard of Dircctors ofthe Company at B meeting duly culled and held on the 17& day of February, 1993. “Resolved, that the signature of the Prctsident or any Executive, Senior or Group Vice President and the seal of the Company may be aflixed by facsimile on any power of attorney granted pursuant to Section 3 of Article UI of the Ry-laws, md thc signature of the Secretsry or an Assistant Sccretav and the seal of the Company may be afiixed by facsimile to any certificate of any such power and any power or certilicate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed und scaled and cenified bv certificate so executed md sealed shall. with respec1 to any bond or undertaking to which it is attached, continue io be valid and binding on the Companv.” ADUPTEl) BY ‘THE I3O,ZRD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OT: RENIING, PENNSYLVANIA: This Power of Attorncs is made and executed pursuant to and by authority of the following By-Law duly adopted by the Hoard or Directors of the Company. “Artirlc VI-Ewccution of Ohligations and Appointment of Attorney-In-Fact Section 2. Appointment 01‘ Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from lime to time. appnint by wriiten certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds. undertakings and other nbligatory instruments ol‘ like nature. Such attorneys-in-fact subject to the limitations set forth in their respective certificates ofauthority, shall have full power to bind the Company by their signature and execution of any such instruments ad to attach the seal of the Company thcreto. The President or any Executive. Senior or Group Vice President may at any time revoke nll power and authority previousl?. given to any attorney-in-fact.” - This l’owcr oCAttorncy is signed and sealed hy facsimile under and by thc authority ofthe t’oHowinp Kesolution adopted by the Roard of Directors ofthc Company ut a mccting duly called and held on the I7* day of February. 1993. “Resolved, that thc signature ofthe President or any Executive, Senior or Group Vice President and the scul of the Company may be al’lixed by facsimile on any power of’ attornev granted pursuant to Section 2 or Article VI of the By-laws. and the sipnaturc ofthe Secretary or an hwistant Secretary and thc seal ofthe Company may he sfiixcd by facsimile lo any ccrlificatc of any such powcr and any power or ccrtificatc bearing such fhcsimile signature and seal shall he valid and binding on thc Company. Any such power so executed and scald and certified by certificate so executcd irnd scaled shall, with respect to anv bond or undcrtakhg to which it is attachcd. continue to he valid and binding on the Cumpan??.” NX)PTEI) 1371 ’THE BOARD OF DIRECTORS OF NATIONAL FIRE WSLR.4SSCE COMPANY OF HAIUIORD: This Power ol’Attorney is made and executed pursuant to and by authority ol‘the lollowing Resolution duly adopted on Rbruq 17, l‘N3 by the Board of Directors of the Company. “KtSOLVED: That the President, an l:.xccutive Vice Presidcnt, or any Senior nr Group Vice President ofthe Corporation may, tiom time to time. appoinC hy written certificates, Attorne?;s-in-Facr to act in behalf ol’the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of‘ like nature. Such Attorney-in-Fnct. subject to the limitations set forth in their respective certificates of authority, shall have full power to hind the Corporation by their signature and execution of any such instrument and to attach the real ofthe Corporation therelo. Thz President, an Executive Vice Presidenf any Senior or Ciroup Vice President or the Hoard or Directors may at any time revoke all power and authority previously givcn to any Attorney-bract.” This Power of Anarney is signed and sealed by facsimile under and by the authority ofthe followinp Resolution dopted by the Board of Directors nfthc Company ut a meeting duly cullcd and held on the I 7* day of.I:cbrua~.. 1993. ‘XESOLVED: That the signature 01’ the President, an 1Ssecutive Vice President or any Senior or Grnup Vice Prcsidcnt and the seal of‘ the Corporation may be affixed by facsimilc on any power of attorney granted pursuant to the Resolution adopted by this hard of Directors on Februan. 17. 1993 and the signature of a Secretary or an Assistant Secretary and thc seal ofthe Corporation may be affixed by facsimilc to any certificate of any such power, and any power or certificate bearing such facsimilc signature and seal shall be valid and binding on the Copration. Any such power so executed and sealed and ccrtiticd by certilicate so executed and sealed, shall with respect to any bond or undertaking to which it is athchd, eontinuc to be valid and bindins on the Curporttion.” - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego } SS. On 1 j0.m , before me, Kathryn A Pfaff, Notary Public , Date Name and Title of Officer (e.9.. “Jane Doe, Notary Public”) personally appeared Richard Cohen , Name@) of Signer(s) Gpersonally known to me 0 proved to me on the basis of satisfactory evidence Place Notary Seal Above to be the person@) whose name(4 isfiH subscribed to the within instrument and acknowledged to me that bel"@ executed the same in his4E-K authorized capacity(@), and that by hi* signatureb) on the instrument the person&% the entity upon behalf of which the person&) acted, executed the instrument. WITNESS mv hand and official seal. 0 P TI0 NA L 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: Number of Pages: Signerfs) Other Than Named Above: Capacity( ies) Claimed by Signer Signer’s Name: 0 individual 0 Corporate Officer - Title(s): Partner - Limited 0 General 0 Attorney in Fact Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: I 0 1997 National Notary Association * 9350 De Soto Ave , PO Box 2402 - Chatsworth. CA 91313-2402 Prod. No 5907 Reorder Call Toll-Free 1-800-876-6827 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. rc- Executed by CONTRACTOR this 17th day of August ,2005. CONTRACTOR: JAYNES CORPORATION OF CALIFORNIA (name osonppwr) (sign here) Richard Cohen (print name here) (title and organization of signatory) Senior Vice President By: (sign here) (print name here) Executed by SURETY this ~OTK__ day of AUGUST ,2005. SURETY: CONTINENTAT, CASIJATLCY COMpANy (name of Surety) (address of Surety) 320 Osuna NE, Suite G-1, Albuquerque, NM 87107 - (505) 262-2621 (telephone number of Surety) By: (signature of Attorney-in-Fact) CARL S. CONLEE, I11 (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (title and organization of signatory) c (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 Counsel By: @ Revised 10/08/03 Contract No. 39271-3 Page 35 of 72 Pages Bond No. 929373429 FAITHFUL PERFORMANCENVARRANTY BOND WHEREAS, the Board of Directors of the CPFA, State of California, by Resolution No. 10 , adopted JULY 26, 2005 , has awarded to , (hereinafter designated as the "Principal"), a Contract for: Golf Course Buildings, Contract No. 30721-3 in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the CPFA Clerk / Secretary of the CPFA, all of which are incorporated herein by this reference. JAYNES CORPORATION OF CALIFORNIA 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, JAYNES CORPORATION OF CALIFORNIA , as Principal, (hereinafter designated as the "Contractor"), and in the sum of TEN MILLION SIX HUNDRED SIXTY ONE FIFTY TWO Dollars ($10,661,052.00 ), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to CPFA or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. CONTINENTAL CASUALTY COMPANY , as Surety, are held and firmly bound unto the CPFA, 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 CPFA, its officers, employees and agents, as therein stipulated, then this obligation shall become null and mid; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the CPFA 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 thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. /- e Revised 10/08/03 Contract No. 39271-3 Page 36 of 72 Pages rc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of NEW MEXICO county of BERNALILLO 3n 811 0105 before me, MURIEL BRAY DAT6 NAMC. TITLE OF WI'ICER. cg., "JANE DOE. NOTARY MJLlLIC r e-OR- m 1%. 7m - proved to me on the basis of satisfactory evidence to be the person(s) whose name(.$ idare subscribed to the within instrument and acknowledged to me that helshd they executed the same in hidher/ their authorized capacity(ies), and that by his/her/their sianature(s) on I .. the in&urnent the person(s), or the entity upon behdf of which thc person(s) acted, executed the instrument. ---OPTIONAL SECTION- CAPACITY CLAIMED BY SIGNER thoiigh statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on thc document. - x lNDlVIDUAL CORPORATE OFFICER(S) - TITLE(S) PARTNER@) x ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR LIMITED GENERAL 01 HEK SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) CONTl N ENTAL CASUALTY COMPANY bough the data requested here IS not reqmred by law. auld prevent riauddcnt rcattsctnnent of this fom CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I I State of California County of San Diego On /y&efore me, Kathryn A Pfaff, Notary Public , Name and Title of Officer (e.9.. '"Jane Doe, Notary Public") Date personally appeared Richard Cohen Name(s) of Signer(s) Bpersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person@) whose name(* is/.Xl(tx subscribed to the within instrument and acknowledged to me that helQ€W#3E$f executed the same in hisllfiIWBJkliK authorized capacity(N), and that by hi% signature@) on the instrument the person Rr the entity upon behalf of which the person&) acted, executed the instrument. WlT$lESS my hand and official seal. Place Notary Seal Above 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - Limited 0 General 0 Attorney in Fact Trustee 0 Guardian or Conservator 0 Other: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ -, -I - 0 1997 National Notary Association - 9350 De Solo Ave PO Box 2402 Chatsworth. CA 91313-2402 Prod No 5907 Reorder Call Toll-Free 1-800-876-6827 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). - DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable suretylinsurer deductible. 7 Form F7310 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That Cmthental Casualty Company, an Illinois corprat~on, Natioaal Fire Insurance Company of Hartford, a corpOratons having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the rc Connecticut corporation, and -can Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called “the CNA Compaaies”), are duly organized and signatures and seals herein aflixed hereby make, constitute and appoint Robert L Brooks, Bart H Kinney III, Michael L Chrestman, Carl S Conlee HI, Dean E Vi& Sarah J Hamilton, David D Gebhardt, Individually of Albuquerque, Nh4, their true wd lawful Attorney(s)-in-Pact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings und other obligatory instmments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized oficer of their corporations and all the acts of said Attorney, pursuant io the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority ofthe By-Law and Resolutions, printed on thc reverse hereof, duly adopted, as indicated, by the Boar& of Directors of the corporations. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Senior Vice Preidcnt and their corporate 4s to be hereto tlffi~d on this 14th day of January, 2004. Continental Casualty Company National Fire Insurancc Company of Hartford American Casualty Company of Reading, Pennsylvania Mi’chael Gcngler State of Illinois, County of Cook, ss: On this 14th day of January, 200.1, before me personally came Michael Grngler to me known, who, being bv me duly sworn, did depose and say: that he resides in the City of Chicago, Slatc of Illinois; that he is a Senior Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instmnent; that he knows the seals of said corporations; that the seals afixed to the said insbument are such corporate seals, that they were so affixed pursuant to authority givcn by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, wd acknowledges me to be the acl and deed of said corporations. n ELlZA PRICE NOTAW ?WUC, 8TAllE Of UNOM My Commission Expires September 17,2006 Eliza Price Notary Public CERTIFICATE I, Mary A. Kibikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, ti Connecticut corporation, and American Casualty Company of Kea@, Pennsylvania, a Pennsylv~a corpration do hereby certify that the Power of Attorney herein above set farth is still in force, and further certify that the By-Law and Resolution of the Bwd of Directors of the corporations prinkd on the reverse hereof is still in force. In testimony whereof I have hereunto suhscnbed my n.me and allixcd the seal ofthe said corporations this 10TH dayof AUGUST , 2005 . FOMI F6853-11/2001 Continental Casualty Comp.my National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania - Assistant Secretary kQU Mary A. R@kaf$kis I. Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD O€ DlRECTORS OF CONTINEXTAL CASUALTY COMPRNY: This I'ower of Attorney is made and executed pursuant to and by authority of the following Eiy-Law duly adopted by the Board of Dircctors ofthe Company. "Article K-Execution of Documents Section 3. Appointment of Attorney-in-fact. l'he Chairman of the Board of Directors, the l'resident or any Executive, Senior or Group Vicc President may, froin time to time. appoint by written certificates atmrneys-in-lact to act in behalf of the Company in the execution of policies 01 insurance. bonds. undertakings and other obligatory instruments of' like nature. Such attorneys-in-lact, subject to the limitations set forth in lheir respective certificatcs of authority, shall have full power to bind thc Company by their signature and execution of any such instruments and to attach the seal ofthe Company therertn. The Chairman of the hard of Directors, the President or any Executive, Senior or Cjroup Vice President or the Hoard of Directors. may, at any time, revoke all power and authority previously given to any attorney-in-fact." This Power ofhnorney is signed and sealed by facsimile under and by the authority ofthe following Resolution adopted by the Hoard of Directors of the Company at a meeting duly called and held on the 1 7L" day of February, 1993. "Resolved, that the signature of the Prcsident or any Executive, Senior or Group Vice President and the seal 01' the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 oi' Article o[ of the By-laws, and the signature oithe Secretary or an Assistant Secretar)' and the seal of the Company may he affixed by facsimile lo any certificate of any such power and any power or certilkak bearing such ticsimile signature md seal shall be valid and binding on the Company. Any such power so executed and scaled and cenified by certificate so executed rind sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Companv." ADOPI'ED BY 'THE 130,2RD 01: TIIRECTORS OF AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA: This Power of Attomcy is made and executed pursuant to and by authority of the following By-Law duly adopted hy the Board of Directors uf'the Company. "Article VI-Execution of Ohligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorncy-in-fact. The Chairman of the Board of Directors: the I'resident or any Executive, Senior or Group Vice President may, from time to time. appoint by written certiticatcs attorneys-in-lkct to act in behalf of the Company in the execution nF policies of insurancc, bonds. undertakings and othcr obligatory instruments of Iike nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates ot'authurity, shall have full power to bind the Company by their signature and execution of any such instrumenls and to attach the seal of the Company thcreto. The I'restdcnt or any Executive. Senior or Group Vice President may at any time revoko all power and authority previously given to any attorney-in-fact." This I'ower of Attorney is signed and sealed by facsimile under and by the authority ofthe t'ollowing Resolution adopted by the bard of Directors of thc Company at a meeting duly called and held on the 17* day of February. 199.3. "Resolved. that the signature 01 the I'rwident or any Executive, Senior (w Group Vice President and the scal of the Cuinpany may be aflixed by facsimile 011 any power of' attorney granted pursuant to Section 2 of Article VI of the By-laws, and the signature of the Secretary or an Assisant Secretary and the seal of the Company may he aflixcd by facsimile to any certificate of any such power and any power or certificaw bearing such facsimile signature and seal shall he valid and binding un the Company. Any such power SO executed and sealed and certiiied by certificate so executed iind scalcci shall, with respect to any bond or undertaking to which it is attached. continue to be valid and binding on the Company." Nmrrim BY nw. RO,\RD OF DIRECTORS OF NATIONAL FIRE iwii;R.mcE coxir.wy OF HAKI'IORD: This Power of Attcmey is made and cxecuied pursuant tu and by authority ofthe lollowing Resolution duls adopted on Februan 17, l'N3 by the thrard of Directors of the Company. "KESOLVEI): That the President, an Isecutivc Vice President, or any Senior or Group Vice President ofthe Corporation may, tiom time to time. appoint. hy written certilicales. Attorneys-in-Fact to act in behall' of the Corporation in thc execution of policies uf insurance, bonds. undertakings and other obligatory instruments of' like nature. Such Attorney-in-l'act. subject to the limitations set forth in their respective certificates of authority. shall have fill power io hind thc Corporation by their signature and execution of wY such instrument and to attach the seal oi'the Corporation thercto. 'l'he President, an fxecutivc Vice President. any Senior or Group Vicc President or the Hoard of Directors may at any time revoke all pciwer and authority previously givcn IO any Attorney-in-Fact." This I'owcr oiAttorney is signed and scald by Facsimile under and by the authority ofthe following Resolution adopfed by the Noard of Directors (?fthc Company at a meeting duly called and held on the 1 7Lh day of Fchruan.. 1993. "IIESOI,VEl>: That the signature of the I'resident, an Executive Vice President or any Senior or Group Vice President and thc seal of the Corporation may be affixed by facsiniile on any power ofattorney prnied pursuant to the Resolution adopted by this hard oi'Directors on February 17. 1993 and the signature of a Secretar?, or an Assistant Secretary and thc seal ofthe Corporation may he alliixed by ticsimile to any certificate of any such power, and any power or certificate bearing such Cacsimilc signature and scal shall be valid and binding on the Corporation. Any such power so executcd and scaled and ccniticd by certificate so executed and sealed, bhall with respect to any bond or undertaking to which it is attached. continue IO bc valid and bindin!: on the Corporation." 4 c JAYNES CORPORATION OF CALIFORNIA (Formerly known as Kvaas Constructors, Inc.) SECRETARY'S CERTl FI CATE I, I w-trna UVUJIlU n*tr-nnnt+ uur".y"l., Cmretinr ..--.-.-.., of Jaynea Cflrpnratian of California (formerly known As Kvaas Constructors, Inc.), a California corporation (the "Corporation"), hereby certify as follows: 1. I am the duly elected, qualified and acting Secretary of the Corporation. 2. The following resolution was duly adopted by the Board of Directors of the Corporation at a meeting held on September 24, 2003. Such resolution has not been amended, modified or rescinded, and remains in full force and effect as of the date hereof: WHEREAS: The Corporation is currently conducting and is expected to regularly conduct business with various agencies and owners (collectively "Owners") within the state of California, which business entails executing and delivering various documents and agreements with Owners, consistent with the Corporations objectives, and WHEREAS: It is deemed to be in the best interests of the Corporation to authorize Rick Cohen, the Senior Vice President of the Corporation, to execute and deliver any and all documents and agreements with Owners that he deems necessary or advisable, IT IS HEREBY RESOLVED: That Rick Cohen, the Senior Vice President of the Corporation, is authorized and directed to execute and deliver any and all documents and agreements with Owners on behalf of the Corporation that he deems necessary or advisable, and to take such further action as is necessary to carry out the purpose and intent of this resolution as he, in his discretion, deems advisable. IN WITNESS WHEREOF, I have executed this Certificate as of September 24,2003 ff 1 w-m Wayne Ddenport, Secreta& ,-- .--- City of Carlsbad June 15,2005 ADDENDUM NO. 1 REcmvED JUN ‘I 6 2005 JAYNES CORPORATION OF CALIFORNIA RE: CARLSBAD MUNICIPAL GOLF COURSE PROJECT - BUILDINGS, CONTRACT NO. 39721-3 Please include the attached addendum in the Notice to BidderlRequest 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. ,- Buyer KD:rh Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 --- Bid&!& Signature Richard Cohen 1635 Faraday Avenue - Carlsbad. CA 92008-7314 - (760) 602-2730 - FAX (760) 602-8562 @ r-- June 13,2005 CARLSBAD PUBLIC FINANCING AUTHORITY CITY OF CARLSBAD, CALIFORNIA CARLSBAD CITY GOLF COURSE PROJECT CONTRACT NO. 39721-3 please note the enclosed modifications, clarifications, and supplemental jllrorma~~~ard~~~~~em_en~€o~the-ab-ove referenced project. -~~-of-U-rjs-Addendum-blo.-l-arx?-incorporated-b~~reference and made a part of this project and contract. - ,"- A reminder to prospective bidders: Please acknowledge receipt and inclusion of this Addendum No. 1 on Page 12 of 72 as required in the specifications and contract documents when submitting your bid proposal. Bid date for this project is unchanged and remains: 4:OO D.rn.& Wednesdav, June 22,2005 as noted on Page 6 of 122 in the specifications and contract documents. CARLSBAD PUBLIC FINANCING AUTHORITY CITY OF CARLSBAD, CALIFORNIA CARLSBAD CITY GOLF COURSE PROJEm, CONTRACT NO. 39721-3 GOLF COURSE BUILDINGS PROJECT 39721-3 GOLF COURSE BUILDINGS rz- CARLSBAD CITY GOLF COURSE PROJECT ADDENDUM NO, 1 SUPPLEMENTAL BID INFORMATION: 1. 2. 3. 4. - 5. 6. 7. 8. Specifications and Contract Documents, Paae 12: Substitute and submit enclosed Page 12 of 72, or copy thereof, with bid proposal. Modification to Page 12 includes definition of the "basis of award" in accordance with applicable requirements of the California Public Contracts Code. Clarification: The private utilities, sewer/water, etc., serving the buildings displayed within the limits of the work on the drawings, including the civil drawings, are intended to be installed by the 39721-3 contractor as described therein. "Builders Risk Insurance" is not a requirement of this contract. Please refer to the Specifications, Page 30 of 72, Section 10,' Insurance, for contract requirements. Owner provided fixtures, furnishings, and equipment rFF&E") shall be provided and installed by Owner. Certified building pads for clubhouse and maintenance facility shall be available for Contractor on or about November 1, 2005 subject to issuance of a "Notice to Proceed" by the Engineer. Transition of this work from the 39721-1 Contractor (Mass Grading) to the 39721-3 Contractor (Golf Course Buildings) is intended for this time period. Clarification: Regarding the requirement for the prime contractor to self-perForm 50% of the work under this contract, please refer to Specifications, Page 18, Paragraph 3, entitled SPECIALTY ITEMS. These work items have been declared by CPFA as exemDt from the 50% self-performing calculation. Your further attention is directed to 39721- 3, Section 1-2, Page 42, defining OWN ORGANIZATION and 39721-3, Section 2-3.1, Page 43, regarding SUBCONTRACTORS, GENERAL. Clarification: The "Learning Center" has been removed from the plan and specification package and is NOT a part of this project or contract. Please disregard any reference to this facility. Clarification: The "Clubhouse" building, referred to as "Schedule A" in the bid forms (Page ll), has been identified as a "deductive alternative" by CPFA for bid purposes. Reference Note 1 above and revised Specification Page 12 enclosed herein. It is the goal of CPFA to award the entire Golf Course Building package as defined in the 39721-3 documents, however, CPFA reserves its right to deduct the Clubhouse bids at the sole election of CPFA. The "basis of bid" is defined on Page 12, as revised and included herein, as the sum of all Schedules submitted. I 9. All kitchen equipment for the Clubhouse and Half-Way House is to be provided and installed by the Contractor. 10. The limits of work for the Maintenance Facility include the area defined by and including the screen wall surrounding the facility along with all improvements and facilities therein including any and all utility connections and public street access transitions and connections as described in plans and specifications. 11. Drawing Sheet S-602 was only partially printed in the original plan set. Included in this Addendum No.3 TsTiie c~~~e~~~6~plT”iSlan~h~wit~~ll -details-therein. 11. Attached is AS1 No. 3 issued by CPFA’s building architect with additional information, Also attached are responses to 3 RFI inquiries received before the RFI deadline. 12. Not all bid questions-have been addressed by CPFA since several were received after the stated deadline on Page 1-B of the 39721-3 Specifications. All bidders are instructed to bid the project as described by the plans, specifications, and as may be modified by this Addendum No. 1- ..... .......... ......... .... .. ___. . .-, .... ... ...... ......... ....................... ..... I .-~-- -- - . ---.----- -_- ... ,.- ,. -. . - I SCHEDULE E: ON-COURSE RESTROOM “B” BUILDING - r Total amount of bid in numbers for Schedule E: $ Total amount of bid in words for Schedule E: SCHEDULE F: ALL SITE WORK, PARKING LOTS, UTILITIES, AND ASSOCIATED IMPROVEMENTS SUPPORTING AND SURROUNDING ALL BUILDINGS (SCHEDULES A THROUGH E INCLUSIVE) -__ __ __ Total amount of bid in numbers for Schedule F: $ Total amount of bid in words for Schedule F: Total amount of bid in numbers including SchedulesA, B, C, D, E & F: $ - Total amount of bid in words including Schedules A, B, C, D, E & F: $ _- The basis of award will be the sum of Schedules A, 6, C. D, E & F. CPFA herebv desinnates Schedule A (Clubhouse) as a “deductive alternate” which may. at the sole election of CPFA. not be awarded. Even if deducted from the scope of work, Schedule A (Clubhouse) will be included for purposes of determining the lowest bid price in accordance with California Public Contract Code, Section 20103.8 (b). Price(s) given above are firm for 180 days after date of bid opening. - Addendum(a) No(s). proposal. haslhave been received and islare included in this The Undersigned has carefully checked all of the above figures and understands that the CPFA will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within fifteen (15) days from the date of award of Contract by the CPFA, the CPFA 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 capaCPFA of a contractor within the State of California, validly licensed under license number , classification which expires on , and that this statement is true and correct and has the legal effect of an affidavit. - A bid submitted to the CPFA by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered non-responsive and shall be rejected by the CPFA Q 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code Q 201 04. @ Revised 10/08/03 Contract No. 39271-3 Page 12 of 72 Paoes - ARCHITECT'S SUPPLEMENTAL INSTRUCTIONS - AS1 # 3 Project: Golf Course Buildings Carlsbad Contract No: 39721-3 Carlsbad Municipal Golf Course Project Owner: City of Carlsbad Architect: Douglas Fredrikson Architects 1635 Faraday Avenue Carlsbad, California 92008 Suite D-123 727 E. Bethany Home Road PEii5GiixJArizona 85014 - _- ---.---- -- -- - -- - * _- - -z--_ -*__I - - ..- To: Bid Contractors Issuance: June 13,2005 Contract For: Golf Course Buildings -.--__I ____ __ - -- The Work shall be carried out in accordance with the following supplemental &tructions issued in accordance with the Contract Documents. Prior to proceeding in accordance with these instructions, indicate your acceptance and return a copy to the Architect. These instructions take precedence over previously issued contract documents or ASI's. L - -- - DESCRIPTION : , 1.) The Clubhouse and the ancillary structures referred to in contract 39721-3 are to be sprinklered per Note No.13 on Sheet TOOL 2.) A specification for ceiling fans in the Clubhouse will be issued after bid award. Contractors are to include an allowance for these fixtures in the amount of $250 each. 3.) Contractors are to include the required costs to circuit the Maintenance Building rolling gate motor and the trash compactor back to the electrical panels. The required engineering to circuit these fixtures will be provided at a future date. 4.) The rolling gate off Palomar Oaks Way is to have a concrete footing that is 12" wide x 18" deep with 2 #5 bars continuous horizontal with a rolling track per detail 14/A105. 5.) The Motorized Rolling Gate operator is to be Model No. 540 as manufactured by Stanley. 6.) Tables, chairs and furniture are owner provided and owner installed. Page 1 of 2 Kitchen equipment is Contractor furnished and Contractor installed per the specifications. The Maintenance Building Trash Compactor will be Owner provided and Owner installed . Concrete slabs for the Fuel Tank, Chemical Storage, Trash Compactor and Materials Storage Area will be installed at a later date and may be done under change order to the contractor. Do not include the cost of these pads in the base bid for Contract 39721-3. Contractors are instructed to bid a Green Patina finish for the Copper Roof. The finish will be selected from contractor provided control samples. Ib)-dJ- -prolvid-e-d=Mdew4-g aquipment is to be installed by the contractor. Contractors are to provide an allowance for this installation work. 12.) The Specification Sections prior to the Table of Contents are applicable and are to be included in Contract No. 39721-3. These sections are related to landscape work and do not supercede duplicate specification sections which may relate to the buildings. _-v- -- -? --*-. . - ----,. - _r -- ATTACHMENTS: None ISSUED: June 13,2005 By: Architect ACKNOWLEDGED: ~~ Contractor /Date Page 2 of 2 2 c- CARLSBAD PUBLIC FINANCING AUTHORITY Date: Bid Reference No.: From: - 1. 2. 3. Response: CITY OF CARLSBAD, CALIFORNIA PRE-BID REQUEST FOR INFORMATION June 9,2005 39721-3: RR 1 PRO-WEST CONSTRUCTORS 22710 Palomar Street Windomar, California 92595 951-678-1038 phone 951-678-1034 FAX ___ . . .- 4 .C@i€raCtors are to bid the individual components of 39721-3 as bescribed in the plans and specifications and as may be modified by addendum to be issued by CPFA. Risk is entirely borne by the bidder regarding the bid numbers submitted. CPFA does not agree that the "bids received will in all likelihood be over budget." Bidder has duty to comply with applicable sections of the California Public Contracts Code regarding public bids submitted that are both "responsive" and "responsible" as defined therein. Your concern for holding bid prices for 180 days is noted. However, it is the intent of CPFA to evaluate and take action on all 3 contracts for this project within 30 days of the bid opening date due to schedule requirements outlined in the Resource Agency entitlements and permits. Regarding your concerns for meeting the requirement of 50% self-performed work by the prime contractor, please refer to 39721-3, Page 18, Paragraph 3, entitled SPECIALTY ITEMS which defines the items of work declared by CPFA for this project which are exernot from the 50% self-performing calculation. Your further attention is directed to 39721-3, Section 1-2, Page 42 defining OWN ORGANIZATION along with 39721-3, Section 2-3.1, Page 43 regarding SUBCONTRACTORS, GENERAL. END OF RESPONSE TO 39721-3: RFI 1 CONSTRUCTORS SENT VIA FAX TO - 760-720891 7 June 8,2005 __ - _. .. __ -. _. . - To: Carlsbad Public Financing Authority. SUM: Carlsbad City Golf Course Project Pre-Bid Information Request PW1. My name is Mike Quinn and I am thebireiwof Pr&nstnrction for ProWest a Constnrctbn Management and General Contracting company. We are very interested in bidding the Carlsbad City Golf Course Project but have some concerns in regards to 3 of the bid requirements. 1, Contractor's Proposal Form requires break out pricing for A-F. As you know some of the best bids come in minutes before the bid time and most wlll not have break out pricing. Therefore pricing shown for schedules 6 through E will-be inflated in order to prdect againsunderstatiM-the costs for B through E if the clubhouse does not go forward. This will severely limit bidders who are really not interested in 2-3 million worth of work and bids received will in all likelihood be over budget. - 2. Currently, the bid environment is not owner friendly in that contractors are bidding projects with higher profit margins due to the amount of projects bidding and backlog due to the weather. The materials availability and pricing has some what leveled out but the lack of faith in It remaining level will not allow subcontractors to hold pricing for 180 days. To hedge against unforeseen rising costs, subcontractors will submit inflated proposals or most likely will not know of the 180day requirement, which realistilly will not be enforceable for more than 60 days. In short these factors will also limit general contractor bids and bids received wnl include escalation costs to protect against losing subcontractors when trying to enforce 3. Our company as well as 98% of general contracting firms able to bond a project of this size cannot fulfill the requirement to perform 50% of the work, again limiting the amount of bids yw will receive. In summary, ProWest is very interested in bidding this project and has performed over $500 million in pu~j works construction as either a General Contractor or Construction Manager representing large entities. I'm sure some serious thought was put into these requirements, but I am asking if the requirement for the schedule pricing can be changed to bid the Clubhouse building as a Deductive Alternate, reduce the requirement to hold pricing from 180 days to 60 days and lastly waive the requirement for self performing 50% of the work. the 180 days. Respecffully, Mike Quinn Dlrector of Preconstruction prowest PCM Inc. 22710 Palomar Street, Wildomar, CA, 92595 Telephone: 951-6781038 Facsimile: 951-678-1034 CARLSBAD PUBLIC FINANCING AUTHORITY CITY OF CARLSBAD, CALIFORNIA PRE-BID REQUEST FOR INFORMATION -=Bate: Bid Reference No.: From: 39721-3: RFI 2 I. E. Pacific, Inc. Attention: Matt Lockwood -2663 Pacific Rim Court San Diego, CA 92154 Response: 1. Reference building hardscape concrete work and building concrete slab, please reference Reference underground utility work, the following clarification is provided: The private utilities, sewer/water, etc., serving the buildings displayed within the limits of the work on the drawings, including the civil drawings, are intended to be installed by the 39721-3 contractor as described therein. c attached AS1 #l from building architect. - 2. END OF RESPONSE TO 39721-3: RFI 2 ARCHITECT’S SUPPLJ34ENTA.L INSTRUCTIONS - AS1 # 1 - project: Golf Course Buildings Carlsbd Gmtract No: 397213 CarIsbad MuniapaI GolfcourseProject Owner. CityofCarlsbad Architect: DouglasFredriksonArchitects 1635 Faraday Avenue 727 E. Bethany Home Road Phoenix,At-izona 85014 Carlsbad,California 92008 suite D-123 To: Bid Contractors Issuance: June 10,2005 Contract For: Golf Course Buildings The Work shall be carried out in accordance with the following supplemental instructions issued in accordance with the Contract Documents. Prior to proceeding in accordance with these instructions, indicate your acceptance and return a copy to the Architect. instructions take precedence over previously issued contract documents or ASI’s. - ---_ __ --- - - - - __ - __ - __ - - - -- -_ D&ON : Limits of Work All of the building hardscape concrete work and building concrete slab work illustrated within the ‘‘Limits of Constructjon” he delineated on Sheet AlOl is to be provided and installed under Contract No. 397213. ATTA-. None ISSUED: June 10,2005 ACKN0WL;EDGED: Architect Contractor/Date rc- Aten: Carlsbad City Golf Course Project Re: RFT Please provide a detailed breakdown of the scope of work for each contract. After the pre-bid meeting yesterday, I am under the impression that all of the slab work for the buildings will be provided under contract 2. However, I have-ken unKble to find any reference of this in the specifications orat-dwings. 1 am greatly concerned with the possibility for overlap, which might cause our bid to be higher than what it is needed to be, or vise versa. I must have a breakdown of the responsibilities of each contract to emure that my company has all of the necessary costs covered in OUT bid. - - _. 1 am also concemed with the underground utility work. If1 am not mistaken, and the slab work is to be done by the contractor who is awarded contract 2, who is responsible for the underground plumbing and electrical? These items must be roughed-in before the slab is poured, Please advise. _- _--_ --u- A=- - -- - A_ ,- - 2- -_ - 41 -. MattLochd Project Estimator 1.E.-Pacific, Inc. Ph (619) 671-5870 Fa: (619) 671-5877 Date: CARLSBAD PUBLIC FINANCING AUTHORITY CITY OF CARLSBAD, CALIFORNIA PRE-BID REQUEST FOR INFORMATION June 9,2005 Bid Reference No.: 39721-3: RFI 3 From: The Whiting - Turner Contracting Company Attention: Adam Eshelbrenner - ,1,1455 El Cam~-eal,Suite145,1,___,__,___,__ __ .- . __ - San Diego, California 92130 Response: 1. 2. see attached As1 # 2 from building architect. see attached AS1 # 2 from building architect. F 3. 4. see attached AS1 ## 2 from building architect. see attached AS1 # 2 from building architect. 5. Regarding your concerns for meeting the requirement of 50% self-performed work by the prime contractor, please refer to 39721-3, Page 18, Paragraph 3, entitled SPECIALTY ITEMS which defines the items of work declared by CPFA for this project which are exempt from the 50% self-performing calculation. Your further attention is directed to 39721-3, Section 1-2, Page 42 defining OWN ORGANIZATION along with 39721-3, Section 2-3.1, Page 43 regarding SUBCONTRACTORS, GENERAL. END OF RESPONSE TO 39721-3: RFI 3 .- ARCHITECT'S SUPPLEMENTAL INSTRUCTIONS - MI # 2 9 Carlsbad Contract No: 39721-3 owner: CityofCadsbad Architect Douglas Freddwn Architects 1635 Faraday Avenue 727 E. Bethany Home Road Carlsbad,california 92008 suite D-123 - _- - -__ - _I -* - --. moeslix, Arjz_qina 85014 To: Bid Contractors Issuance: June10,2005 Contract For: Golf Course Buildings The Work shalI be carried out in accordance with the following supplemental instrucijms issued in accordance with the Contract Documents. Prior to proceeding in accordance with these instructions, indicate your acceptance and return a copy to the Architect. These instructions take precedence over previously issued contract documents or MI'S. - - .__.- -- . -_ ___ D-ON : 1.) 2) "hyssen Krupp is an acceptable manufacturer for the Elevator on this praject.. The Learning Center is not part of this contract. 3.) Contractors are to bid light fixtures keyed as 15 dr 16 on sheet AlOl as fine voltage fixtures. Include the required costs to circuit these fixtures back to the electrical panes in the basement electrical room A016. The required engineering to circuit these fixtures will be provided at a future date. 4.) - Delete reference to Landscape Sheet ID-2 in the drawing Index and toLandscapesheetTS-I. reference AlTACHIvEm None ISSUED: June lo, 2005 ACKNOW. Architect Contractor/Date DATE: June 9,2005 TO: Carlsbad Public Financing Authority City of Carlsbad, CA, - - Attn: Ca&badC&-Golf Course Project Contract # 39721-3 I%: 766720-691 7 FROM: Adam Eshelbrenner RE: Bid Questions _. - -_ - Please provide clarification andor instruction on the following items regarding the above- mentioned bid. I. Specification section 14240 calls for Dover Elevator as an acceptable manufacturer. -Qower-Elevator Corpotation-has-sold all its elevator subsidiarles to Thyssen Knrpp. 2. Several drawings reference a Learning Center approximately 1,200 ft to the south of Please confirm Thyssen Knrpp Is an acceptable manufacturer to use for bid, the main clubhouse. Please confirm this building is not part of the bid. 3, Notes 15 and 16 on sheet AI 01 call for decorative bollard mounted light fixtures. Site electrical drawings do not show associated circuitry and power requirements. Please advise. ‘ 4. The drawing index on sheet TOO1 calls for sheet ID2 under the landscape 1 irrigation pacbge. This sheet is not included in the bid package received; please advise. 5. Section 2-3.1 of the supplemental provisions state the Agency‘s expectations with regards to ’self performed” work. Is this provision mandatory by all General Contractors submitting a bid for the work (class B contractors)? By breakdown, the engineer‘s estimate is approximately $1 1 million, requiring each bidder to self perform approximately $5.6 million of the work with their own forces, It is our assumption that the majority of the General Contractor‘s bidding the job will subcontract approximately 80% - 90% of the work. Please advise if this interpretation is incorrect or the requirement will be waived. WT Memo-doc PHONE (838) 7924600 FAX (858) 792-9600 Douglas e. Barnhart, Inc. 4 0760 Thornmint Road $an Diego, CA 92127 PHONE (858) 3854200 FA% TRANSMITTAL FAX (858) 38518201 ., To: 'Carbbsd City Golf Course Project Company: Carlsbad Pubb Financing Authority From: BuIche~ Phone: .. , ' FSX:' 760-720-6917 . .. .. .. -- ... -. .___-_____E_i--____ . .. . .I --- - . . . . . . . . . - . . -*--.--.-- - ____,__S___ . Re: Qolf Course BulldinQs (Contract # 39721-3) Totail paow, including cover: 4' CarbW,.CA' . Bid dat+8/22/OS, 4:OO Ptfl .- .I c .. '2.. :-'.&-Request For Information No. 0011: .. 2 Please clarify the breakd&n per each building on the Proposal Form is for accounting purpose only or tf they Will be used IS a Deductive Alternates. Please clarify if the Builder% Risk insuranoe is needed. . If It is needed, ie it to be included in the bid by Contractor? Or would the City provide It7 .. ,. 3 Please chrify that the Learning Center is NOT part ot ihig bid. The plan'sheets A701 and EA00 refer to $om9 work related to the Learning Center. . .. 4 Please clarify if the certified bu\lding pads will be provides by Contract 39721-1 (ham grading). .. 5 Regarding the civil drawings, please, provide contour ((nee that will be given40 .us when the Contra& 39721-1 is done. .. .. . 6 Refer to plan sheet CP-2, the spot lights for sculptures are not Shown on electrical dram.. a. . 7 Refer to plan sheet CF-1, the lighting for monument sign is not shown on electrical drawings. Also, the tree uplights are not shown on electrical drawings, +? --- -I___ ---I I _= - .- - 8 Refer to plan sheet CD-3, detail 3, are there concrete slabs requlred to' set the roulpturw? If SO, need detailed concrete slab thickness, dimenslons end rebsrr requiremenbs. .. .I .. . .. 11 .. .. .There'is no fke sprinkters system. spec. Please issue spec. 12 There is no spec for chain link fences and gates. . . Please Issue spec. . , Regarding Clubhouse Building: 13 There is no spec for ceiling fans. Made issue spec. 14 Please clarify if the tables and chairs and furniture are Owner Furnished and chfner imtiled. IS Is there spec / manufacturer's name for the precast chimney cap. . .. I. ., .. ,. c Regarding Halfway BuiMlng: . Please clarifyd the kitchen 'equipment is Contractor Furnished, Contractor Installsd, 16 Plan rheet AH201 , detail 4 state8 the kitchen equipmetit,byothers. Regoiding. Mglntenance building: 'I? Electrlcpl drawings do not show power to the rolling'gate motor. (see drawing EM100) .. . ' ' 18 Ele&ioal drmkings do not show power to the trash Compactor (Refuse).(see EM100) .. .. -.. .. .. ,.. . (Also, not on EM4f?O,'panel 8chedUle) Please clerlfy. ' .. .. . .. . '(Also. not on EM400, panel sctredule) Please clarify. .. .. .. .. . I Q Refer to plan sheet EMI00, Keyed Note # 6, and clarify if the trash compactor is Owner Furnished, Owner Installed. H nut, please issue sw fbr the tresh compactor. ' .. 20 la concrete slab requfred st the fuel tank area? If yes, please clsrQ wnorete dtrnensions,'thiine, rebar requirements. c e slab required at the ohsm. skage area? . ' .. mify concreta&nensions, thicknesa, kbar requirements. .. I. 22 Is concrete slab required at the Refuse {trash compactor?) area? If .yeel please clarify concrete dlrnensions, thickness; rebar requirements. ' 23 If yes, please clarify concrete dlrf~18lons, thickness, pbar requlrements at the. . meteriais stbrage area. K~Y ~ote I,UAMIOI) , ' ' 24 Should there be a concrete track for the rolling gate (&Palom& Oak8 Way)? If yes, pleise pravlde details of concrete dim$nslons; thickness, &bar requirements, .. , . . ., ,25 ~j&e issuespec for the motorized rolling gate operator. .. .. .- .. .. .. . .. ' ' Quertions migarding doors, frames and finish hardware: ' ' .. HW Gioup IS. HW Group 18 i8 for pairs of doore. Please clarify. ... . .. ,.' 26 'Doors'M102, M106A, Mi07 and h4q 12 are all 30 x flo doors assigned to 27 HW Group 18 ~alls for Cane Bolts and continuous hinges. No spectficetian exists as .to man,ufacturer, model number, or finish.' ~Ieaee clarify. 28'Hw Group 28 calls for pulsmd Heavy duty Bi-fold track and hardware. No specification exists 8s to manufacturer, model number, or finish. Please clarify. I I .. ".'( .. ,. .. .. ,- uvuuLn+ L. unniiiinni I lac, I an. I UJUUUJULU I YUll IW LWVI) I".LY .. .. ' .. .. .. 29 General Note 3 on A701 (Door Schedule) states all wood doors are to be . ': . . stainedlsealed to match wood trlm samples. There to be paint finished (Daon LIM, W 08, L107 as ,exampi@). Please clarify. (A~O 8ee questitlon t~ 3 if the Learning Center .is part ,d him bid), wood,dm that am spechd .. ' 30 Spec section 08215, para. 2.02 states that the wood veneer Is'to be selected by archited, Veneer prices vary greatly. &'can. the veneer be sp&M prior to bid. .Ple@se .call If you hbve any questions., Thank you. .. ,- VUUUL~~ c. onniiiinn I iiuc, I an. I U~)U.IUJULU I Douglas e. Barnhart, Inc. 40760 Thornmint Road 8an Diego, CA 82127 PHONE (858) 385-8200 FAX (858) 385.8201 CAXtRANSMlTfAL . - . -5%. . - --- .. To: '. . . Carlsbad City W Cour6e' Project Date: 6/10/2005 '&pan$ Carlibad PuMk Flnencing Authority . .. *&ne: ' . Fax: 760-720-6917 .. .- C. . Re: .' . ,Golf Course Buildinge (Conbad # 307219) . Total pagee, including covm 4 . . . Carbbad,CA .. .. 8M dste: 8/22/05,4:00 pm I__. - ~RCq~m-lnfomatIon No. 002 I Regarding the (capper) metal roofing, the phone number and contact listed in the spec section 07615, pm. 2.01 seems to be In ermr. Please verify and provlde correct phone number and contad'person, Please call H pu have my questlonb. Thank yw, .. I' JAYNESCORP. Cralg Noel, Estimator IF*: 619-2344090 ' Dh: 619-2S34080 I 1 - To: CPFA Attn: John Cahlll Dote: June 10,2006 FPX: 760-7206917 I I I' !! ! 1 PROJECT: BID DATE: I1 Carlsbad Golf Course Bldgs 0612212006 Q 4:OO pm I1 II II I1 II I I1 2 leA at +i- 1/10 3 I I BACKFILL Will Contract 1 or 2 provide cut-becks and stockpile site soil within Contrad 3 llmits of work for wall bacMill by Contract 33 3 GAS SERVICE TO METER P202 Plan note indicates plumber to indude cost for gas service to meter, coordinate with gas co, Please provide quantifiable gas senrice lenQth to the Clubhouse meter. I I II II II I 6 II II II I LANDSCAPE LIGHTING CP-2 El00 "Sculpture Spotlbht in Oak Tree": There is no indication of this Ilghtinh) on the Electrical plans. I I II Please clarify fixture, mounting, circuit, etc. t 1 I, II II I II II II 7 *- 5 LIGHTING AT CART STAGING A103 El00 Lighting shown at Key Notes 4 and 51A103 are not shown on ElOO. Please clarify if they are in I Contract3smrm. I LEARNING CENTER E100 ELECTRICAL SERVICE IThere is electrical shown b a Learninp Center building. There is no Learning Center building indicated in other plans. Please clarify. 8 I I II I1 I1 II I PRIMARY ELECTRICAL Contract 3 is to indude secondary from transformer, and installation of primary to transfomr is by others In Contract 23 t I II II I1 II II 11 I 1 I I1 II II I rc JAYNES CORP. To: Cnlg Noel, Entlrnator Aitn: - Ph: 619-2934080 Fax: ,ix: 619-2944090 Date: c CPFA John Cahlll 700-720-6917 June 10, ZOOS a PROJECT: BID DATE I I II II II I II Carl8bad Golf Course Bldgr 0612212005 UD 4:OO rn 8 9 I f, I, IC REQUEST FOR INFORMATION - PLAN EL SPEC CLARlFlCATlONS ( #W I I1 II II 1 I COPPER ROOF FINISH 07815-2 DKS Copper Patina System: contact phone information is incorrect, Industry feedback is that suppliers are having difficulty understanding this finish spec. Please clarify. 2.01 .B. ROOF €AM: BIA401 11 lABo2 Detail 15 is inconsistent with Detal1 11 and BIA401. 151ABO2 Does no1 show rigid insulation. I I I I, I, I II II II I I1 I I 10 OFCl EQUIPMENT AM201 Key Notes Please provide specs for Owner provided 17,lQ Contractor installed equipment. J I I I1 II II I I II II II ITEM OF WORK I I Reference 1 I I Reference2 1 1 DESCRPlWN 11 BREAK ROOM-ELNATION AM201 Room Incorrect elevation reference 311 04, should be MI06 3/AM204? -. . c,,e&.z~~ipz--r~rrt v -T-- I 12 VAPOR BARRIER 520 1 Spec 03300-4 Plan shows 10 mil vapor barrier, specs call for 2.02.H. 15 mil. Please clarify. I I I It II i * PROJECT: BID DATE: ph: 61S23S4060 Fax: 760-72b I r Date: June 13,2006 IF" 6192344080 I I1 Carlsbad Golf Course Bldg8 06/22/2006 @ 4:OO pm I1 17 I I II I1 II ITEM OF WORK I I Reference1 I 1 Reference2 I I DESCRIPTION I1 SUECONTRACTOR Specifications Dollar Can subcontractor dollar amount information be DESIGNATION Page Amounts provided within 24 hours after the bM to streamline 20 of 72 the bid process rather than at bid time? I . -.=- I a of72 I J . 18 BUILDER'S RISK Specifications Insurance We can find no reference to Builder's Risk I All Page Requirements Risk insurance. Please veri there is no - 30 of 72 requirement for Coniractor to provide. . L I . PmjwtName: Cii of Carlsbad Municipal GMC- I REQUEST FOR INFORMATION: #I -0.C. PROJECT No. NIA MA LCI PROJECT NO. DATE: June 10,2006 submittid To: hym8 Corporation Cmig Na~l619-23-m 1 8ubmlW By: Lmwk C Comwny, Inc. Bob Ordwpy 8ci8678-7930 1 Sublect Preubid cbhficstlons of plana and I DrawindSmc Reference: NIA 1 I ..- . I Information RS~UOSM: 1 1. Detail mfemhcea 333 and 334 on $802 (sbsel8htd wall bracing) do not appear tn match the Referenww on the Floor Framlng Plan Wl. Example: Cdurm Uno 3 between B & C, notes Abwe and bdcrw the exterior wall am unckar and not consistent on the rest of the sheet Please clarify the notm nigarding the flat strap bracing and the dze and quantity of studs 7 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION # This Escrow Agreement is made and entered into by and between the CPFA whose address is 1200 Carlsbad Village Drive, Carisbad, California, 92008, hereinafter called "CPFA" and Jaynes Corporation of California whose address is 111 Elm Street, Fourth Floor, San Diego, CA 92101 hereinafter called "Contractor" and California Bank & Trust whose address is 5500 Grossmont,Center Dr., Ste 408, La Mesa, CA 91942 heminafter called "Escrow Agent." For the consideration hereinafter set forth, the CPFA, 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 CPFA pursuant to the Construction Contract entered into between the CPFA and Contractor for Contract No. 39721 -3, Golf Course Buildings in the amount of $10.661.052.00 dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the CPFA 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 CPFA 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 CPFA and Contractor. Securities shall be held in the name of the CPFA and shall designate the Contractor as the beneficial owner. - 2. The CPFA 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 CPFA 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 CPFA 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 CPFA. These expenses and payment terms shall be determined by the CPFA, 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 CPFA. - 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 CPFA to the Escrow Agent that CPFA consents to the withdrawal of the amount sought to be withdrawn by Contractor. ?@ Revised 10/08/03 Contract No. 39271-3 Page 38 of 72 Pages 7. The CPFA 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 CPFA of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the CPFA. 8. Upon receipt of written notification from the CPFA 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 CPFA and the Contractor pursuant to sections (S j io (61, inclusive, of this agresmefii arid the ZPFA and Conh=toi shaff held Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. IO. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the CPFA and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For CPFA: Title FINANCE DIRECTOR For Contractor: For Escrow Agent: Name Signature Address Title Senior Vice President Name $+c&r&Cohen Signature I/ Address 111 Elm 'st., 4th Floor, San Diego, CA 92101 Name Signature Calfornia Bank & Trukt -- . #408 Address I;C;c-to,- n,-iye stp La Mesa, CA 91942 At the time the Escrow Account is opened, the CPFA and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. @ Revised 10/08/03 Contract No. 39271-3 Page 39 of 72 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. -c For CPFA: For Contractor: For Escrow Agent: Title PRESIDENT. Board of Directors r L/ Address 1 Senior Vice President Title Name RichapjdJohen -. Signature Address 111 dn’Sr., 4th Floor, San Diego, CA 92101 Title Vice President Name Cwa Laplanee Signature California Bank & Trust La Mesa, CA 91942 #408 Address :&- 4m %@ Revised 10/08/03 Contract No. 39271-3 Page 40 of 72 Pages September 13,2005 CPFA City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, Ca 92008 RECEIVED SEP 1 5 2005 JAYNES CORPORATION OF CALIFORNIA To Whom It May Concern: Re: Escrow retention -Contract No. 39721-3, Golf Course Buildings Enclosed are three copies of the escrow retention contract for the Carlsbad Municipal Golf Course Project. I have signed as the escrow agent. When the contract has been signed by the CPFA, please return two copies to me and I will forward one to the contractor. Please send escrow payments to the escrow retention account number 2010160969 to: California Bank & Trust 5500 Grossmont Center Drive Suite 408 La Mesa, CA 9 194 1 ATTN: Clara LaPlante r Thank you for your assistance with this and if you have any questions please call me at 619-667-2825 or email me at cladante@,calbt.com . I look forward to doing business with you. Sincerely, Clara LaPlante Vice President Enel. LOAN DEPARTMENT P.O. Box 2848 - La Mesa * California 91944-2848 (619) 462 2800 * Fax (619) 644 5487 SUPPLEMENTAL PROVISIONS FOR GOLF COURSE BUILDINGS CONTRACT NO. 39721-3 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION I -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer, unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Conttactor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them heEin. Agency - The Carlsbad Public Financing Authority, or, "CPFA" City, City of Carlsbad, City Council, GPFA, and Board of Directors - shall be the same as the CPFA and its Board of Directors of the CPFA. City Manager or CPFA Manager- the City Manager of the CPFA or his/her approved representative. rn Revised 10/08/03 Contract No. 39271 -3 Page 41 of 72 Pages Dispute Board - persons designated by the CPFA Manager to hear and advise the CPFA Manager on claims submitted by the Contractor. The CPFA Manager is the last appeal level for informal dispute resolution. Engineer - the Public Works Director of the CPFA or hidher approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 “own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor‘s Own Organization and will not be included for the purpose of compliance with section 2-3. I of the Standard Specifications and these Supplemental Provisions. Owner OperatorlLessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector - the Engineer’s designated representative for inspection, contract administration and first level for informal dispute resolution. Construction Manager - On-site designated representative of the CPFA for contract administration. Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts ...................................... Apartment and Apartments Bldg ....................................... Building band Buildings CMWD ................................... Carlsbad Municipal Water District CSSD .................................... Carlsbad Supplemental Standard Drawings cfs .......................................... Cubic Feet per Second Comm ................................... .Commercial DR ......................................... Dimension Ratio E ........................................... Electric G .............................. ..............G as gal .......................................... Gallon and Gallons Gar ........................................ Garage and Garages GNV ....................................... Ground Not Visible gpm ........................................ allons per minute IE .......................................... .Invert Elevation LCWD .................................... Leucadia County Water District -0 Revised 10/08/03 Contract No. 3927 1-3 Page 42 of 72 Pages MSL .... i .................................. Mean Sea Level (see Regional Standard Drawing M-12) MTBM .................................... Microtunneling Boring Machine NCTD .................................... North County Transit Distrct OHE ....................................... Overhead Electric OMWD Olivenhain Municipal Water District ROW ................................... ..Rig h t-of-Way S ........................................... Sewer or Slope, as applicable SDNR .................................... San Diego Northem Railway SDRSD .................................. San Diego Regional Standard Drawing SFM ....................................... Sewer Force Main T .......................................... ..Telephone UE ......................................... Underground Electric W ........................................... Water, Wider or Width, as applicable WD ..................................... .Vallecitos Water District 0 .................................. SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The CPFA shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the CPFA and shall be notified ten (IO) days in advance of the time and location of said hearing. The determination of the CPFA shall be final. 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570,". Modify paragraphs three and four to read: The Contractor shall provide a faithful perform- ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performanceharranty bond shall be in the amount of 100 percent of the contract price. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($1 0,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. I) @ Revised 10/08/03 Contract No. 39271-3 Page 43 of 72 Pages Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. instrument entitling or authorizing the person who executed the bond to do so. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 26.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), latest edition, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southem California Chapter American Public Works Association and Southem California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans and specifications consist of those designated by CPFA as 309721-3. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the most recent editions of the CPFA Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the CPFA and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: I) Permits from other agencies as may be required by law. 2) Supplemental Provisions. 3) Plans. 4) Standard Plans. a) City of Carlsbad Supplemental Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 5) Standard Specifications for Public Works Construction. 6) Reference Specifications. 7) Manufacturer's Installation Recommendations. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Re- submittals shall be labeled with the number of the original submittal followed by an ascending Revised 10108/03 Contract No. 39271 -3 Page 44 of 72 Pages alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number@) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. 0 When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (IO) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefor. 2-9 SURVEYING 2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record@) as required by 3s 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument I) Revised 10/08/03 Contract No. 3927 1-3 Page 45 of 72 Pages frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during ail surveying operations and shall personally supervise and certify the surveying work. Add the following section: 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labled with name of the Surveyor, the party chief, field crew members and preparer of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with 53 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under 53 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record@) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. Add the following section: 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor Revised 10/08/03 Contract No. 39271 -3 Page 46 of 72 Pages and/or those noted on the plans as to be installed by others. TABLE 2-9.2.2(A) Survey Requirements for Construction Staking ~ Stake Descriptior @ SDRS M-IO Monument Lath in soil, painted line on PCC & A( surfaces RP + Marke Stake RP + Marke Stake RP + Marker Stake RP + Markei Stake, Blue- top in gradin! area RP, paint on previous course RP + Markei Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Stake RP + Marker Stake + Line Stake RP + Marker Lateral Spacing (0, (13 Feature Staked Centerline or Parallel to Centerline Spacing@, 0 Setting Tolerance (Within) Street Centerline 7 mm (0.02') Horizontal, also see section 2-9.2.1 herein on street centerline at clearing line Grade Breaks & ~7.6 m (25') N/A ( constant offset) N/A s300m (1 0003, Street Intersections, Begin and end of curves, only when shown on the plans lath - Intervisible, I 15m (50') on tangents & s 7.5m (25') on curves, Painted line - continuous Clearing 0.3 m (1') Horizontal Slope Intervisible and I 15m (50') 30 mm (0.1') Vertical 8 Hbrizbntal Fence 30 mm (0.1') Horizontal I 60 m (200') on tangents, I 15m (50') on :urves when Rr 300m (1000) & 7.5m (25) or curves when R< 300m (1000') I 15m (50') Rough Grade Cut or Fills 2 10 m Final Grade (includes top of: Basement soil, subbaseand base) Asphalt Pavemen Finish Course (33') 30 mm (0.1') Vertical & Horizontal IO mm (?f) Horizontal & 7 mm ( /47 Vertical I 15 m (50') on tangents 8 curves when R2 300m (1 000') & I 7.5m (25') on curves when R s 300m (1000') I 16.7 m (22') IO mm ("I?") Horizontal & 7 mm ( I4")Vertical edge of pavement, paving pass width, crown line & grade breaks as appropriate I 7311 (25') or as per the intersection grid points shown on the plan whichever provides the denser information Drainage Structures, Pipes 8 similar FacilitiesO. 0 IO mm ("/e") Horizontal & 7 mm (l/4") Vertical ntervisible & I 7.5m (25'), beginning and end, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing), Skewed cut-off lines I7.5m (25'). BC & EC. at %A, %A & %A on Curb (constant offset) as appropriate as appropriate as appropriate curb riurns & at beginning & end Vertical locations shall be based on the Traffic Signal O Signal Poles & ultimate elevation of curb and sidewalk at each pole 8 controller location IO mm ("/s") Horizontal 8 7 mm ('14~)vertical IO mm (%") Horizontal & 7 mm (l/4") Vertical IO mm ("/a") Horizontal &when depth cannot be measured from existing tavement 7 mm ( /4 ) Vertical IO mm ("/e") Horizontal & 7 mm ('/4") Vertical (when vertical data needed) 10 mm (0.1') Vertical & Horizontal 7 mm ('/4'') Horizontal Controller o Junction Box 0 at each junction box location Conduit 0 S 15 m (50') on tangents & curves when R2 300m (1000') & I 7.5m (25') on curves when R I 300m (1 000') or where grade I 0.30% as appropriate Minor Structure 0 or catch basins: at centerline of box, ends of box & wings & at each end of the local depression 0 I 15 m (50') & along end slopes & conic transitions Abutment Fill as appropriate I) Wall O 2 15 m (50') and at beginning & end of: each as appropriate <? Revised 10/08/03 Contract No. 3927 1-3 Page 47 of 72 Pages Stake + Line Point +Guard Stake RP + Marker Stake + Line Point +Guard Stake RP wall, BC & EC, layout line angle points, changes in footing dimensions &for elevation &wall height 3 m to 10 m (IO' to 33') as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns 3 m to 10 m (10' to 33') sufficient to use strins lines, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns I 15 m (50') I 15 m (50') on tangents & curves when Fir 300m (1 000') & I 7.5m (25') on curves when R I 300m (1 000') or where grade I 0.30% intervisible & I 30 m (100'). BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities At sign location & 7 mm ('/4.) Vertical Major Structure (3 Footinas. Bents Atxii-tints Wingwalls Superstructure: Miscellaneous (3 Contour Grading a Utilities 0, 0 Channels, Dikes 81 Ditches 0 Signs 0 Subsurface Drains 0 Overside Drains O Markers 0 Railings & Barriers 0 AC Dikes 0 Box Culverts Pavement MarkersO RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Point +Guard Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP CD Staking for feature may be om1 intervisible & I 15m (507, BC 8I EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities longitudinal location for asphalt street surfacing 5 15 m (50') on tangents & curves when R2 300m (1000') & 5 7.5m (25') on curves when R 5 300m (1 000'). At beginning & end and I 15 m (50') on angents & curves when R 2 300m (1000') & : 7.5m (25') on curves when R s 300m (1000) At beginning & end 3 m to 10 m (IO' to 33') as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings - & at invert' 60 m (200') on tangents, 15m (50') on curves - when R 2 300m-(I 000') & 7:5m7 (25') on curves when R 5 300m (I 000') For PCC surfaced streets lane cold join& will suffice ed when adiacent marker stakes reference t as appropriate as appropriate ~ along contour line as appropriate as appropriate Line point as appropriate 4t beginning & end At marker location(s) at railing & barrier location(s) as appropriate as appropriate at pavement marker location (s) e 10 mm ("/a") Horizontal 10 mm ("/e") Horizontal & 7 mm (1/4n) Vertical 30 mrn (0.1') Vertical & Horizontal 10 mm ("/e") Horizontal & 7 mm ('14~) Vertid 30 mm (0.1') Horizontal & 7 mm ('/4") Vertical 30 mm (0.1') Vertical 8 Horizontal 30 mm (0.1') Horizontal & 7 mm ('/4") Vertical 30 mm (0.17 0 Horizontal & 7 mm ('/4.) Vertical 7 mm ('/4") Horizontal 10 mm ("/e") Horizontal & Vertical 30 mm (0.1') Horizontal & Vertical 10 mm ("la") Horizontal & 7 mm (l14") Vertical 7 mm ('/4.) Horizontal offset and elevation of those features installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table (3 Perpendicular to centerline. 0 Some features are not necessarily parallel to centerline but are referenced thereto @ Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature @ 2 means greater than, or equal to, the number following the symbol. I means less than, or equal to, the number fol- lowing the symbol. 0 The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. ?@ Revised 10/08/03 Contract No. 39271-3 Page 48 of 72 Pages All guard stakes, line stakes and lath shall be lagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(B) Type of Stake Horizontal Control Vertical Control Description Colorc Coordinated control points, control lines, control reference points, centerline, alignments, etc. Bench marks White/Red Clearing Grading Structure Drainage, Sewer, Curb Rig ht-of-Way Miscellaneous Add the following section: 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2- 9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made therefor. Payment for the replacement of disturbed monuments and the filing of records of survey and/or comer records, including filing fees therefor, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefor. I) W hitdorange Limits of clearing Yellow/Black Slope, intermediate slope, abutment fill, rough grade, contour grading, final Yellow grade, etc. Bridges, sound and retaining walls, box culverts, etc. White Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm Blue drains, slope protection, curbs, gutters, etc. Fences, R1 W lines, easements, property monuments, etc. W hiteNellow Orange Signs, railings, barriers, lighting, etc. 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. I) @ Revised 10/08/03 Contract No. 39271-3 Page 49 of 72 Pages SECTION 3 -- CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, if applicable, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-2.2.1.1 Lump Sum Contract, if applicable: Contractor shall utilize the latest edition of the RS Means catalog, San Diego area, for pricing. 3-3 EXTRA WORK. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) shall constitute the markup for all overhead and profits: 1) Labor ................................... 15 2) Materials ............................. 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures .. 15 Work by Contractor. The following percentages shall be added to the Contractor‘s costs and To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. No other markup shall be requested by Contractor nor approved by CPFA. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor‘s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of Revised 10/08/03 Contract No. 39271-3 Page 50 of 72 Pages any event, thing, occurrence, or other cause, unless the Contractor shalt have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract lime Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. 0 The Contractor shall provide the CPFA with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-1 2655. “The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the CPFA’s proposed final estimate in otder for it to be further considered.” By: Title: Date: Company Name: The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Revised 10/08/03 Contract No. 39271 -3 Page 51 of 72 Pages Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Construction Manager 2. Project Inspector 3. Senior Inspector 4. Principal Inspector 5. Public Works Director 6. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the CPFA will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the CPFA will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 201 04) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 201 04.2. For any claim subject to this article, the following requirements apply: Revised 10/08/03 Contract No. 39271-3 Page 52 of 72 Pages (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requiremenk otherwise provided by contract for the filing of 0 claims. (b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agencymay have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of . the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency’s written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency’s response or within 15 days of the local agency’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code, I) 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, I) ’3 Revised 10/08/03 Contract No. 39271-3 Page 53 of 72 Pages notwithstanding Section 1141 .ll of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141 .IO) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney’s fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as othewise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, ”and a reasonable amount of retesting”, from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be bome by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor’s expense. @ Revised 10/08/03 Contract No. 39271-3 Page 54 of 72 Pages Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatiskctory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to theAgency. Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area@), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 -- UTILITIES 5-1 LOCATION. Delete the first paragraph and substitute the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. I) @ Revised 10/08/03 Contract No. 39271-3 Page 55 of 72 Pages Such temporary omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefor or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless othemise directed by the Engineer. 5-6 COOPERATION. Add the following: Contractor shall cooperate at all times with utility companies, personnel, designated agents and authorities, including revisions to Contractor’s own schedule and work sequencing if required. Contractor shall not request, nor shall CPFA approve, additional compensation for Contractor’s coordination responsibilities with utilities. SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within seven (7) calendar days after receipt of the ”Notice to Proceed”. Add the following section: 6-1 .I Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be conwned. Failure of the Contractor to have the Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6- 4. No separate payment will be made for the Contractor’s attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Add the following section: 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 61.3.3 Electronic Media. Add the following section: 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. Revised 10/08/03 Contract No. 39271-3 Page 56 of 72 Pages Add the following section: 6-1.2.1 TimeScaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 0 Add the following section: 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. Add the following section: 6-1 2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Add the following section: 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 95 compatible “Suretrak” program by Primavera or “Project” program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a 89 mm (3.5”) data disk with all network information contained thereon, in a format readable by a Microsoft Windows 95 system. The Agency will use a “Suretrak“, ”Project” or equal software program for review of the Contractor’s schedule. Should the Contractor elect to use a scheduling program other than the “Suretrak” program by Primavera or “Project” program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members if requested by CPFA. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:OO a.m. and 300 p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on- site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. Add the following section: 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor’s plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity‘s description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. Add the following section: 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. @ Revised 10/08/03 Contract No. 39271-3 Page 57 of 72 Pages Add the following section: 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity‘s construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. Add the following section: 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per section 6-4. Add the following section: 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of section 6-1. The Engineer may choose to accept the Contractor’s proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency’s acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. Add the following section: 6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer. The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and retum to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per sections 6-1.2.10.1 through 6-1.2.10.3. Add the following section: 6-1.2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1. Add the following section: 6-1.2.1 0.2 “Accepted with Comments.” The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per section 6-1.8.1. Add the following section: @ Revised 10/08/03 Contract No. 39271-3 Page 58 of 72 Pages 6-1.2.1 0.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” by the Engineer. 0 Add the following section: 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity‘s schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media per the submittal requirements of section 2-5.3 and will include each item and element of sections 6-1.2 through 6- 1.2.9 and 6-1.3.1 through 6-1.3.7. Add the following section: 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. Add the following section: 6-1.3.2 Activity Percent Complete. Contractor shall report the percentage determined by the Engineer as complete for the activity. For each activity underway at the end of the month, the Add the following section: 6-1.3.3 Electronic Media. The schedule data disk shall be a 89 mm (3‘12”) high density diskette, labelled with the project name and number, the Contractor’s name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in section 6- 1.2.4 “Schedule Software” and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. Add the following section: 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. Add the following section: 6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor’s change orders. Add the following section: 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Add the following section: 6-1. 4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per sections 6- 1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Comments” or “Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Revised 10/08/03 Contract No. 39271-3 Page 59 of 72 Pages Engineer will review and retum the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked “Not Accepted”. Add the following section: 6-1 -4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with section 6-1.8.2. Add the following section: 6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per section 6-1.8.2. Add the following section: 6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor’s responsibility. Add the following section: 6-1.5 Late Completion or Milestone Dates. Should the Schedule.Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the “Accepted” schedule. Add the following section: 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of section 2-5.3 and per the schedule review and acceptance requirements of section 6-1, including but not limited to the acceptance and payment provisions. As used in this subsection “substantially different” means a time variance greater than 5 percent of the number of days of duration for the project. Add the following section: 6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor’s Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and 6- 1. 4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per section 9-3.2. Revised 10/08/03 Contract No. 39271-3 Page 60 of 72 Pages Add the following section: 6-1.8 Measurement and Payment. The Contractor's price for all construction schedule requirements will be paid by CPFA as a component within the Contractor's lump sum bid included in the Bid Proposal. Contractor shall not request, and CPFA shall not approve, additional compensation for any or all construction scheduling requirements, including revisions, under this contract. The aforementioned lump sum price paid for Construction Schedule shall include full compensation for furnishing all labor, materials including, but not limited to, the computer hardware and software, tools, equipment, and incidentals; and for doing all the work involved in attending meetings, preparing, furnishing, updating, revising the tabular, bar and flow chart Construction Schedules and narrative reports required by these supplemental provisions and as directed by the Engineer. The Engineer's determination that each and any construction schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be precedent to each and any payment for the Construction Schedule. Payments for Construction Schedule, if any, will be made as per sections 6-1.8.1 through 6-1.8.3. 0 Add the following section: 6-1.8.1 Initial Payment. This section is deleted. Add the following section: 6-1.8.2 Monthly Updated Construction Schedule Payments. This section is deleted. Add the following section: 6-1.8.3 Concluding Payment. This section is deleted. 6-2 PROSECUTION OF WORK. Add the following sections: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. 6-2.1 .I Phasing of Work: Maintenance Facility. Contractor shall complete all associated site work, utilities, meters, site walls, gates, and fencing, building erection and interior construction, interior finishes, associated equipment and systems installation, adjacent street improvements, and all other requirements and items of work as displayed on the project drawings and specifications associated with the Maintenance Facility within two hundred and forty (240) calendar days of the start date specified in the Notice to Proceed from the CPFA. Failure by Contractor to complete the Maintenance Facility shall subject Contractor to liquidated damages imposed by CPFA in the amount of $2500 per calendar day until such date as the Maintenance Facility is completed by Contractor. For the purposes of this contract, the words "complete, "completed," or "completion" of the Maintenance Facility as herein defined shall be understood and agreed to by both Contractor and CPFA as the date when the local agency's Building Official issues a "certificate of occupancy" for the Maintenance Facility. Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. Each Project Meeting shall be attended by the Contractor's Representative. The Project Representative shall be the individual determined under section 7-6, "The Contractor's Representative", SSPWC. No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. e Revised 10/08/03 Contract No. 39271 -3 Page 61 of 72 Pages 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice@) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. 6-7 TIME OF COMPLETION. Add the following to 6-7: The Contractor shall diligently prosecute the work to completion within three hundred sixty-five (365) calendar days after the starting date specified in the Notice to Proceed. Contractor is directed to above section 6-2.1 .I Phasing of Work: Maintenance Facility regarding separate phasing and completion requirements and dates for the Maintenance Facility. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the hours and/or days stated herein when, in hidher sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay CPFA the inspection costs of such work which shall be $200 per hour with a 4 hour minimum. No work shall be undertaken by Contractor outside the limits of the working site as designated in the plans and specifications. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of Completion” to be filed in the ofice of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Delete the first sentence of the third paragraph and substitute the following two sentences: All work @ Revised 10/08/03 Contract No. 39271-3 Page 62 of 72 Pages shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 0 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph*and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of two thousand five hundred dollars ($2500). Execution of the Contract shall constitute agreement by the Agency and Contractor that $2500 per calendar day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a Maiver of this paragraph or of any damages. J SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 74 WORKERS' COMPENSATION INSURANCE. rn - Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit@) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. Contractor shall secure the building permit@) from the local agency prior to beginning work. Add the following section: 7-5.1 Resource Agency Permits. Resource agency permits for the Work are on file in the office of CPFA, Recreation Administration, and available for review if needed. Resource agency permits pertaining to this project include: I) California Coastal Commission permit; 2) California Department of Fish and Game permit; 3) California Water Quality Control Board permit; 4) United States Army Corps of Engineers permit; D Revised 10/08/03 Contract No. 39271 -3 Page 63 of 72 Pages 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contfactor for any such delay. Contractor shall coordinate his work with all other CPFA designated contractors on the job site. These shall include the “site grading” contractor for Contract Number 39721-1 and the “golf course” contractor for Contract Number 39721-2 along with any and all authorized, designated subcontractors of each of the aforementioned contractors. No additional compensation will be made to the Contractor for coordination with these other on-site contractors. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in hidher sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.6 Water Pollution Control. .Add the following The Contractor shall comply with all requirements of the storm water pollution and monitoring plan prepared for this project including the “Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity.” Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City of Carlsbad Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the CPFA’s contracted waste disposal company, Coast Waste Management at 9299417. Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street Revised 10/08/03 Contract No. 39271 -3 Page 64 of 72 Pages or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24 hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-112 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 48 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. 7-1 0.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following : 1) The Engineer .................................................................................... (760) 602-2780 2) Carlsbad Fire Department Dispatch ................................................. (760) 931-2197 3) Carlsbad Police Department Dispatch .............................................. (760) 931 -21 97 4) Carlsbad Traffic Signals Maintenance .............................................. (760) 438-2722 5) Carlsbad Traffic Signals Operations ................................................. (760) 438-2722 6) North County Transit District ............................................................. (760) 743-9346 7) Coast Waste Management ............................................................... (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation "Manual of Traffic Controls," latest edition and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original Revised 10/08/03 Contract No. 39271-3 Page 65 of 72 Pages condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at hidher sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.l.et seq. All temporary reflective channelizers shall conform to the provisions of section 214- 5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 210-1.6for materials and section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the travelling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the travelling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractor‘s employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the Engineer. Add the following section: 7-1 0.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than (insert minimum acceptable lateral safety buffer distance, eg. 1.8 m (6’)), nor operate equipment within 0.6 m (2’) from any traffic lane occupied by traffic. For equipment the than (insert minimum acceptable shy distance, eg. 0.6 m (2’)) shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans @ Revised 10/08/03 Contract No. 39271-3 Page 66 of 72 Pages prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. I) During the entire construction, a minimum of (insert appropriate number of lanes) paved traffic lanes, not less than (insert appropriate minimum lane widths, eg.3.6m (12')) wide, shall be open for use by public traffic in each direction of travel. Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS "Manual of Traffic Control", latest edition and provisions under "Maintaining Traffic" elsewhere in these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. Add the following section: 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. I) Add the following section: 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in Chapter 5 of the "Traffic Manual", latest edition published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traftic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 0 Revised 10/08/03 Contract No. 39271 -3 Page 67 of 72 Pages Add the following section: 7-1 0.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the travelled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20 day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the travelled surface differs from the finished pavement elevation vertical curves must also be shown. The Contractor may choose to modify, add to or supplement the TCP or may substitute TCP to further its own interests. Such substitution shall be prepared in type and kind. The level of detail, format, and graphics shall be of quality and size no less than those on "Standard Specifications Reference Traffic Control Plan" Drawing number 368-5. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and of the "MANUAL OF TRAFFIC CONTROLS", latest Edition as published by the State of California Department of Transportation. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals. Add the following section: 7-10.3.7 Payment The Contractor shall provide traffic control within the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefor. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefor. Progress payments, if any, for "Traffic Control" will be based on the percentage of the improvement work completed. @ Revised 10/08/03 Contract No. 39271-3 Page 68 of 72 Pages The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefor. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. SECTION 8 -- FACILITIES FOR AGENCY PERSONNEL 8-2 FIELD OFFICE FACILITIES 8-2.1 Class “A” Field Office. Not required under this contract. 8-6 BASIS OF PAYMENT. Not applicable. SECTION 9 -- MEASUREMENT and PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK, if applicable 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the “Notice of Completion” 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete I) w tp Revised 10/08/03 Contract No. 39271 -3 Page 69 of 72 Pages the detailed progress pay estimate and submit it to the Contractor for the Contractor’s information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the CPFA shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the CPFA shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.01 0 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. Revised 10/08/03 Contract No. 39271 -3 Page 70 of 72 Pages The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the will not be included in the progress estimate. Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. a Revised 10/08/03 Contract No. 39271-3 Page 71 of 72 Pages APPENDIX “AyY RESIDENT NOTIFICATION EXAMPLE I I Dear resident: As a part of the CPFA of Carlsbad’s ongoing program to maintain its streets, your street will be resurfaced with a layer of asphalt concrete over the existing roadway surface. This construction will require the clos- ing of your street to through traffic for one day. Your street, from XYZ St. to XYZ Ave. will be closed to through traffic and resurfaced on: from 7:OOA.M. to 5:OO P.M. If you don’t plan to leave your home by 7:OO A.M. on the above date please park your car on an adjacent street in your neighborhood that wil: not be resurfaced. Streets scheduled for resurfacing can be determined by calling either the Contractor or the CPFA of Carlsbad Engineering In- spection Department. When walking to and from your car, remember noi to walk on the newly overlaid street or you will have black residue on the bottom of your shoes. Please do not drive, walk on, walk pets, play, 01 skate on the newly overlaid asphalt. Also, please refrain from watering your lawns, washing cars, etc., approximately 6-8 hours after the asphall is laid as running water will cause damage to the new surface. ABC is the Contractor that will be performing the resurfacing work foi the CPFA and you may call them at (760)XXX--xxxX if you have an) questions regarding the project. Resurfacing of your street will not occui on the day your trash is collected. Mail delivery may be delayed if tk postman cannot reach the mailbox that day. If you have a moving com- pany scheduled for that day please call and inform the Contractor of the date. If you have any concerns which cannot be addressed by the Con- tractor, you may call the City’s Engineering Inspection Department ai Thank you for your cooperation as we work to make a better City 01 MON. TUE. WED. THU. FRI. DATE: 438-1 161x4323. Carlsbad. CPFA OF CARLSBAD ROAD WORK ABC CONTRACTORS OFFICE # (760) TO BE PROVIDED FIELD # (760) TO BE PROVIDED ’3 Revised 10/08/03 Contract No. 3927 1-3 Page 72 of 72 Pages SUPPLEMENTAL PROVISIONS TO “GREEN BOOK” STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS Sieve Sizes 50-mm (2”) 12.5-mm (’/;) 9.5-mm (3/8n) 37.5-mm (I~/~”) 19-mm (3/4n) 4.75-mm (No. 4) 2.36-mm (No. 8) 75-pm (no. 200) SECTION 200 - ROCK MATERIALS Percentage Passing Type A Type B --- I00 --- 95-1 00 100 50-1 00 95- 1 00 --- 70-1 00 15-55 0-55 0-25 0-1 0 0-5 0-3 0-3 200-1 ROCK PRODUCTS Sieve Sizes 25-mm (I ”) 19-mm (3/4n) 9.5-mm (3/8”) 2.36-mm (No. 8) 600-pm (No. 30) 300-pm (No. 50) 75-pm (no. 200) 4.75-mm (No. 4) Add the following section: 200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious substances. Class 1 and Class 2 permeable material shall have a Durability Index of not less than 40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable material shall conform to the requirements in this section and Table 200-1.2.2(A). Class 2 permeable material shall conform to the requirements in this section and Table 200-1.2.2(B). When permeable material is required and the class or kind is not specified, Class 1 permeable material shall be used. The alternative gradings within Class 1 permeable material are identified by types. Unless otherwise shown on the plans the Contractor will be permitted to furnish and place any one of the types provided for this class. The percentage composition by mass of permeable material in place shall conform to the gradings in Tables 200-1.2.2(A) and 200-1.2.2(8). Percentage Passing 100 90-1 00 40-1 00 25-40 18-33 5-15 0-7 0-3 @ Revised 021 7f2OO5 Contract No. 39721-3 Page 1 of 65 Pages 200-1.3.2 Gravel for Biofilters. Biofilter shall have % inch gravel for a minimum depth of 3 feet 200-1.7 Decorative Rock. Aquatic and decorative rocks shall be placed in and around the waterscape as indicated on the plans. Rock shall, insofar as practical, be that which is indigenous to the area. Samples of rock and cobbles shall be presented to the Owner’s representative for his approval prior to installation 200-1.7.1 Delivery. Handling of rocks with loaders and dumping is permitted, but care shall be taken that rock is not damaged or scarred excessively as it is handled on the job site. 200-1.7.2 Quantity. The Contractor shall furnish the boulders to the job site, including rock used for the stream drops and cascades. Most rocks that are two feet in diameter and larger, are shown on the drawings, but, in addition, there will be large rocks required in waterfall and stream locations that cannot be shown in a practical way on the drawings. 200-1.7.3 Placement. Aquatic and decorative rock shall be placed in and around the waterscape and sized as indicated on the drawings. No rock shall be placed in direct contact with the liner. Rock shall not be dumped or dozed into place but set by the use of a crane or cherry picker, utilizing slings or tongs. Rock with scars, chips, or other blemishes shall be placed in such a manner as to minimize the exposure of the defect after the rock is in place. Rock being set within the waterscape and sized four (4) feet nominal and larger shall rest on a three (3) inch thick concrete pad, additional concrete shall be placed around the rock to fill the voids and bring the area to adjacent finish elevation. Decorative rock shall be placed in excavated depressions, in general to give the appearance that the rock is native to the location. Must rock shall be 50% buried. Cobble rock placement may be made with front loading type of equipment and adjusted by hand. Care shall be taken that the cobble is not dropped on the concrete veneer in such a manner as may crack or split the membrane liner below. Cobble rock shall be locked in place with concrete grout to minimize loose cobble. Any splattered or spilled grout on the exposed surface of the cobble should be removed immediately. 200-1.7.4 Acceptance. Final artistic result of the rock placement shall be the responsibility of the Contractor. Contractor shall perform this work to the satisfaction of the Owner’s representative. 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2 Aggregate Base and as specified herein. Add the following section: 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 1 112-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer‘s written approval. Revised 02/17/2005 Contract No. 39721-3 Page 2 of 65 Pages AGGREGATE GRADING REQUIREMENTS Percentage Passing sjeve Sizes 2" ................................ 1112" ............................ 1" ................................ 314' .............................. No. 4 ........................... No. 30 .......................... No. 200 ....................... f 1/2" Maximum Operating Range 100 90-100 50-85 25-45 - 10-25 2-9 3/4n Maximum Operating Range - 100 90- 1 00 3560 10-30 2-9 QUALITY REQUIREMENTS Operating Tests Range Resistance (R-value) 78 Min. Sand Equivalent 25 Min. Durability Index 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance" requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for "Operating Range." If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. 200-2.8 Recycled Class II Base. Recycled Class II Base shall consist of broken and crushed asphalt concrete or Portland cement concrete and may contain crushed aggregate base or other rock. The material shall be free of any detrimental quantity of deleterious material as defined in subsection 200-1.1 of the SSPWC. Gradation and Quality requirements shall be as set forth in subsection 200-2.7 herein except that the Sand Equivalent shall be 35 minimum. 200-2.9 Slag Aggregate. Aggregate produced from slag resulting from any steel-making process of from air-cooled iron blast furnace slag shall not be used on this project. Revised 02/17/2005 Contract No. 39721-3 Page 3 of 65 Pages SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS Type of Construction All Concrete Used Within the Right-of-way Trench Backfill Slurry Street Light Foundations and Survey Monuments Traffic Signal Foundations Concreted-Rock Erosion Protection 201-1 PORTLAND CEMENT CONCRETE TABLE 201-1 .I .2(A) Modify as follows: Concrete Maximum Class Slump mm (Inches) 330-C-23 (2) (560-C-3250) ('I (1 90-E-400) (560-C-3250) (590-C-3750) (520-C-25OOP) I 15-E-3 200 (8") 330-C-23 100 (4") 350-C-27 100 (4") 31 0-C-I 7 per Table 300-1 1.3.1 202-2.1 Masonry Units Block type shall be per plan and conforming to UBC Standard 24-4 and ASTM C90. Grade N hollow load bearing block units as manufactured by a certified concrete block manufacturer. Provide units with minimum ultimate strength of 1,500 psi. 202-2.2.2 (c) Ready Mix Grout. ASTM C150, Type I or II, Low Alkali (d) Hydrated Lime. ASTM C207, Type S and containing 85% of weight of calcium oxide. (e) Aggregates: Per ASTM Cl44 Sand. Fine granular material, composed of strong, durable mineral particles, free from injurious amounts of saline, alkaline, organic or other deleterious substances. Pea Gravel. Graded with no more than five percent (5) passing the No. 8 sieve and with one hundred (100) passing the 318" sieve. @ Revised 02/17/2005 Contract No. 39721-3 Page 4 of 65 Pages SECTION 203 - BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. DELETE sections 203-6.2 and 203-6.3.2 and ADD the following: 203-6.1 General. Add the following: The Contractor shall submit a design mix report and verification data for review by the Engineer for each source of supply and type of mixture specified. The design mix report shall indicate the results of all testing requirements identified in sections 203-1.2 and 203- 6.3 of the standard specifications for public works construction and these special provisions. 203-6.2 Materials. Add the following: Asphalt concrete shall be class C2-AR-4000 for surface course, and B-AR-4000 for base course. Asphalt concrete shall be class D2-AR-8000 for dikes and class E-AR-8000 ditches. 203-6.3.2 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125. When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for: I) 1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202. 2. Stability' using: a. Stabilometer Value2 using Calif. Test 366 and shall be the average of three individual Stabilometer Values And/or Marshall Stability in accordance with the Asphalt Institute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. b. Stability will be waived provided the extracted asphalt concrete is within +/-.5 of mix design and the extracted gradation complies with Table 203-6.3.2 (A). 1 Use Marshall Stability when the deviation between individual Stabilometer Values are greater than +/4. 2 When using core sample analysis, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. The amount of asphalt binder used in asphalt concrete placed in dikes, gutters, gutter flares, overside drains and aprons at the ends of drainage structures shall be increased one percent by mass of the aggregate over the amount of asphalt binder determined for use in asphalt concrete placed on the traveled way. 203-6.3.3 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the asphalt content is within +/-.5 of the design mix and the gradation conforms to the grading as shown in Table 203-6.3.2 (A). Deviations in gradation may be B Revised 02/17/2005 Contract No. 39721-3 Page 5 of 65 Pages considered in conformance with the mix design provided the stability of the completed mix complies with the requirements for Stabilometer Value per Table 203-6.3.2 (A) Marshall Stability using Asphalt Institute MS-2. - -. -. -. -. 25°C @ 50% relative humidity pulled at 508 mm (20") per minute pulled at 508 mm (20") per Plant inspected asphalt concrete will be considered in conformance with the mix design when visually inspected and the combined gradation of the Bin samples show conformance to the grading as shown in Table 203-6.3.2 (A). 203-6.6.2, Batch Plant Method, modify as follows: Third paragraph, last sentence, delete "and from the Engineer's field laboratory". Last paragraph, add after D 2172: "method A or 6." 203-6.7 Asphalt Concrete Storage. add the following: Open graded asphalt concrete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 18 hours, shall not be used in the work. 203-11 ASPHALT RUBBER HOT MIX (ARHM) WET PROCESS 203-11.3 Composition and Grading. Add the following: Asphalt Rubber Hot Mix shall be class ARHM-GG-C. Add the following section: 203-13 ASPHALT PAVEMENT CRACK SEALANTS 203-1 3.1 Elastomeric Sealant. Elastomeric sealant shall be a polyurethane material of a composition that will, within its stated shelf life, cure only in the presence of moisture. No elastomeric sealant shall be incorporated into any portion of the work that is beyond the shelf life recommended by its manufacturer. No elastomeric sealant shall be incorporated into any portion of the work that has been stored under conditions not recommended by its manufacturer. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. The cured sealant shall have the performance characteristics in Table 203-1 3(A). P 4 ', LBLE 203-13.1(A) SEALANT CHARACTERIS Results 1 65 - 85 3.45 MPa, minimum T ELASTOM ERIC Measuring Standard ICs T Property Conditions (ASTM Designation) ASTM D 2240 Rex. Hardness (indentation) Tensile S t rena th Type A, Model 1700 ASTM D 412 Die C, 400%, minimum ASTM D 412 Die Cy Elongation Flex at -40°C minute over 13 mm (1/2n) Mandrel 0.6 mm (25 mil) Free Film Bend (180°\ No cracks Weathering ASTM D 822 Cured 7 days at 25°C @ Slight chalking 3.45 MPa, minimum tensile; 400% minimum Elongation Less than 25% change Resistance Salt-Spray - 50% relative humidity 5% NaCI. Die C. Dulled at Weatherometer 350 h ASTM B 117 28 daw at 38°C 508 mm (20") pe; minute Resistance over a temperature range of Dielectric Constant ASTM D 150 Revised 02/17/2005 Contract No. 39721-3 Page 6 of 65 Pages 203-13.2 Asphaltic Emulsion Sealant. Asphaltic emulsion sealant shall conform to the State of California Specification 8040-41A-15 and shall be used only for filling slots in asphalt concrete pavement. This material shall not be used in slots which exceed 16 mm (5/8") in width or where the slope causes the material to run from the slot. The material shall not be thinned in excess of the manufacturer's recommendations and shall not be placed when the air temperature is less than 7°C (45°F). Cone Penetration Flow, 60°C Resilience Softening Point, Ductility, Flash Point, COC, "C Viscosity, Brookfield B Thermosel, 203-13.3 Hot-Melt Rubberized Asphalt Sealant. Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C (400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. Performance characteristics of the cured hot-melt rubberized asphalt shall be as per Table 203-1 3.3(A). Designation) ASTM D 3407, Sec. 5 ASTM D 3407, Sec. 6 ,ASTM D 3407, Sec. 8 25%, min. 25°C ASTM D 36 ASTM D 113 300 mm, min. 25"C, 50 mrdmin ASTM D 92 ASTM D 4402 2.5-3.5 Pass No. 27 Spindle, 20 3.5 mm, max. 5 mm, max. 82 "C, min. 288 "C, min. 25"C, 150 g, 5 s rpm, 19O"C, TABLE 203-13.3(A) CURED HOT-MELT RUBBERIZED ASPHALT Property I Measuring Standard (ASTM I Results I Conditions SECTION 207 - PIPE 207-2 REINFORCED CONCRETE PIPE. 207-2.5 Joints. Add the following: When watertight joints are indicated on the plans they shall be of the rubber-gasketed type meeting the requirements of ASTM Standard Specification designations C 361-95 and C 443-94. Pipe designated in the plans as "pressure pipe" or with a 100-year hydraulic grade line at or above the soffit shall be bell and groove spigot joint with "0" rings conforming to ASTM C-443 and C-361 for the limits shown on the plans. 207-2.5.1 Pipe Class If the pipe class is not specified in the plans, Contractor shall provide minimum class 150. Add the following section: 207-25 UNDERGROUND UTILITY MARKING TAPE. Add the following section: 207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Marking Tape shall have a minimum 0.13 mm (0.005") overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be Revised 02/17/2005 Contract No. 39721-3 Page 7 of 65 Pages laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall conform to the properties listed in Tables 207-25(A) and 0 207-25 (B). Property Thickness Tensile strength Elongation Printability Flexibility Inks Message repeat Foil Top layer Bottom layer Adhesives Bond strength Colors Method Value ASTM D2103 ASTM D882 ASTM D882-88 ASTM D2578 >50 dynedsquare centimeter ASTM D671-81 Pliable hand Manufacturing specifications Heat-set Mylex Manufacturing specifications Every 500 mm(20") Manufacturing specifications Dead sowannealed Manufacturing specifications Virgin PET Manufacturing specifications Virgin LDPE Manufacturing specifications Boiling H20 at 100 degrees Celsius APWA Code 01 14 mm (0.0056") 4500g/cm (25 Ibs/inch) (5,500 PSI) 450 percent at break >30 percent, solid 1.5#/R Five hours without peel See Table 207-25.1 IBI Color Red Yellow Orange Blue ~ __ Green Brown Purple 0 TABLE 207-25.1 (B) DETECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS Electric power, distribution, transmission, and municipal electric systems. Gas and oil distribution and transmission, dangerous materials, product and steam. Telephone and telegraph systems, police and fire communications, and cable television. Water systems. Sanitary and storm sewer systems, nonpotable. Force mains. Reclaimed water lines. Utility Marked Add the following section: 207-25.2 Materials Approvals. requirements of each of the following agency/association publications. Detectable Underground Utility Marking Tape shall meet the A. Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety. USAS code for pressure piping B31.8, paragraph 192.321(e). B. National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines. Adopted June 7, 1974. Report NTSB-PSS-73-1. C. American Petroleum Institute (API). Recommended practice for marking buried liquid petroleum pipelines - APR RP 1109. D. General Services Administration, Washington, DC, Public Buildings Service Guide Specification for Mechanical and Electrical Equipment - PBS 4-1501, Amendment 2, Page 501-14, Paragraph 18, Subparagraph 18.1, Clause 18.1.1. '3 Revised 0211 712005 Contract No. 39721-3 Page 8 of 65 Pages E. Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards. 207-26 Polyvinyl Chloride (PVC) Pressure Pipe. Water and reclaimed water pipe and appurtenances shall conform to the requirements of the Carlsbad Municipal Water District's Rules and Regulations for Construction of Reclaimed Water Mains, and Rules and Regulations for Construction of Public Potable Water Mains. PVC pipe shall be DR21 Class 200 plain end and meet the requirements of AWWA C900 and C905. Reclaimed water pipe shall be integral purple color material, Pantone #522. Pipe outer diameters shall be capable of being connected directly into PVC joint adapters without complicated procedures. Fittings shall be ductile iron. No PVC fittings shall be allowed. For buried piping, trenching configuration pipe zone material, backfill, and compaction shall be performed in accordance with the manufacturer's instructions, and in compliance with the Contract Documents. Piping identification shall be in compliance with the Contract Documents. Field testing of piping system for leakage shall be in compliance with Special Provisions Section 306-1.4.5. Calculations and data from the pipe manufacturer showing the pipe conforms to the design requirements of AWWA C905 shall be submitted to the Engineer for approval prior to ordering pipe. Thrust blocks and end caps shall comply with CMWD standard drawings W15 and W19. 0 All pipe shall carry a safety factor of 2.5. 207-26.1 All recycled water lines, services, risers and appurtenances located in vaults below grade shall be identified by adhesive vinyl tape. Tape width shall be 3 inches. The tape shall be resistant to alkalis, acids, sunlight and moisture. Recycled Water Piping in Vaults. 207-26.2 Exposed Potable and Recycled Water Piping. All potable and recycled water lines, services, risers and appurtenances located above grade shall be identified by either a paint band system or adhesive vinyl tape. Paint bands shall be I-inch wide fusion bonded epoxy coating. Paint bands for the recycled water piping shall be purple in color. Paint bands for the potable water piping shall be blue in color. The paint bands shall be located a minimum of 10 feet apart. The paint shall be resistant to alkalis, acids, chipping, fading and moisture. The coating thickness shall be as recommended by coating manufacturer. Adhesive vinyl tape shall be as specified for tape in vaults. I) 207-26.3 Reclaimed Water Valve Box Covers. Reclaimed water valve box covers shall be cast with the wording "RECYCLED WATER centered on the top. The covers shall be integral purple color material, Pantone #522. The coating thickness shall be as recommended by coating manufacturer. 207-26.4 Reclaimed Water Appurtenances. All blowoffs, air release valves, manhole covers, vault covers and meter box covers shall be painted purple. Manhole covers, vault covers and meter box covers shall be cast with the words "RECYCLED WATER centered on them. 207-26.5 Warning Sign and Labels. Where recycled water is used or conveyed, each entrance to any area, building, or facility shall have a sign posted. The exact locations of all signs shall be determined by the on-site inspector. Additional signs identifying the color scheme for the recycled, potable, and industrial water shall be located at each entrance that the water is located. The signs will be provided by the City of Carlsbad and shall be installed by the Contractor. Mounting posts, where required, shall be furnished and installed by the Contractor. The mounting posts shall be U-channel steel posts with baked green enamel finish, Brady USA, Inc., or equal. All recycled water valves shall be tagged with identification tags. Tags shall be weatherproof plastic, 3-inch by 4-inch, purple in color, with the words 'WARNING RECLAIMED WATER - DO NOT DRINK imprinted on one side and "AVISCO - AGUA IMPURA - NO TOMAR on the other side. Revised 0211 712005 Contract No. 39721-3 Page 9 of 65 Pages Imprinting shall be permanent and black in color. Tags shall be as manufactured by T. Christy, or equal. One tag shall be attached to each valve by one of the following methods: 1. Attachment to the valve stem directly or with plastic tie wrap. 2. Attach to the solenoid wire directly or with plastic tie wrap. 3. Attachment to the valve cover with existing valve cover bolt. 207-27Gate Valves. Replace with the following: All gate valves 3 inches and larger shall be resilient-seated gate valves conforming to ANSVAWA C509. Resilient-seated gate valves shall have cast iron bodies with flanged ends, rubber-coated cast iron disc, flanged bonnet, bronze stem, O-ring stems, and operators with handwheel or hexagonal nut on reclaimed water systems and square nut on potable water systems, except as otherwise indicated. Resilient-seated gate valves shall be A-C Valves, Inc., Clow Corporation, Kennedy Valve Mfg. Co., Muller Company, or equal. SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS. 21 2-1.2.3 Commercial Fertilizer. add the following: Preplant fertilizer shall be granular commercial fertilizer 7-7-7 or approved equal. Postplant fertilizer shall be 12-4-6 or approved equal with Ca, Fe, Zn, and Mn and with the majority of nitrogen in nonammoniac form to prevent acidification of soil. Planting tablets shall be compressed fertilizer tablets with a 20-10-5 analysis. Add the following subsection: 212-1.2.3.1 Plant Tablets Planting Tablets shall be tightly compressed commercial grade fertilizer tablets that consist of the following percents by weight: 12% nitrogen, 8% Phosphoric acid, 8% potash, 20% humus, 4% humic acids. 0 The Planting Tablets shall be delivered to the site in the original unopened containers, bearing the manufacturer’s guaranteed analysis. Any damaged tablets will not be acceptable. 212-1.2.3.2 Fertilizer for Hydroseeded areas. Fertilizer shall be a fast-release, 16-20-20 commercial, dust-free, homogeneous pellet fertilizer having the following guaranteed analysis: Nitrogen 16% Phosphorus 20% Potassium 20% ‘Best’ or approved equal 212-1.2.3.3 Pre-Plant Fertilizer. Pre-Plant Fertilizer shall be a fast-release 1-1 0-1 0 commercial, dust-free, homogeneous pellet fertilizer having the following guaranteed analysis: Nitrogen 1% Phosphorus 10% Potassium 10% ‘Best‘ or approved equal 212-1.2.3.3 Post-Plant Fertilizer for Planted Areas. Post-Plant Fertilizer shall have 14-7-3 NPK analysis, granular and applied to water feature, slopes and park areas. ‘Best‘ or approved equal. @ Revised 0211 712005 Contract No. 39721-3 Page 10 of 65 Pages 212-1.2.3.3 Plant Tablets Planting Tablets shall be tightly compressed commercial grade fertilizer tablets that consist of the following percents by weight: 12% nitrogen, 8% Phosphoric acid, 8% potash, 20% humus, 4% humic acids. Property Dry Weight Nitrogen Dry Weight Passing 25 mm (1") Sieve Dry Weight Passing #4 Sieve Dry Weight Passing #50 Sieve Dry Weight Passing #lo0 Sieve Salinity ~ Iron ( Dilute acid soluble on dry weight basis) Wettability Dry Weight Passing #16 Sieve Dry Weight Passing #30 Sieve ~~~ Ash (dry weight basis) pH The Planting Tablets shall be delivered to the site in the original unopened containers, bearing the manufacturer's guaranteed analysis. Any damaged tablets will not be acceptable. Minimum Maximum (1) (1) 100% 100% 95% 100% 45% 65% 30% 40% 0% 10% 0% 2% (1) (1) 0.08% -- 0% 6.0% 6.0 7.0 (1) (1 ) 21 2-1.2.3.4 Fertilizer for Hydroseeded areas. Fertilizer shall be a fast-release, 16-20-20 commercial, dust-free, homogeneous pellet fertilizer having the following guaranteed analysis: Nitrogen 16% Phosphorus 20% Potassium 20% 'Best' or approved equal 212-1.2.3.3 Pre-Plant Fertilizer. Pre-Plant Fertilizer shall be a fast-release 1-1 0-1 0 commercial, dust-free, homogeneous pellet fertilizer having the following guaranteed analysis: Nitrogen 1% Phosphorus 10% Potassium 10% 'Best' or approved equal 212-1.2.3.3 Post-Plant Fertilizer for Planted Areas. Post-Plant Fertilizer shall have 14-7-3 NPK analysis, granular and applied to water feature, slopes and park areas. 'Best' or approved equal. 212-1.2.4 Organic Soil Amendment. Add the following: For all types of Organic Soil Amendment mulch materials produced from pine trees grown in Alameda, Monterey, Santa Clara, Santa Cruz or San Mateo Counties shall not be used in the Work. Type 1A Organic Soil Amendment shall conform to the requirements for type 1 Organic Soil Amendment except as modified hereinafter. Type 1A Organic Soil Amendment shall be a wood or rice residual product derived from the bark of pine, white fir, or red fir or cedar or redwood shavings or rice hulls. Type 1A Organic Soil Amendment shall be manufactured from clean wood, free from clods coarse objects and rocks and shall conform to the properties shown in Table 212-1.2.4(8): Table 21 2-1.2.4(8) For all types of Organic Soil Amendment the Contractor shall supply the Engineer a sample of the proposed amendment accompanied by an analytical analysis from a qualified agricultural laboratory 0 @ Revised 0211 712005 Contract No. 39721-3 Page 11 of 65 Pages certifying compliance to the requirements herein. Qualified agricultural laboratories shall have an ongoing quality assurance program that fulfills the requirements of the most recent version of the "Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods". Certificates of compliance shall contain a statement attesting that the organic soil amendment meets the requirements of these specifications and that the testing agricultural laboratory does fulfill the requirements of "Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods". Said submittal shall be in accordance with Section 2-5.3.3. Component Virgin Wood Cellulose Fiber Mulch Fertilizer (16-20-0) Ammonium Binder (1 ) Phosphate Sulfate, Plus 15% Soil Sulfur Wetting Agent Green Colorant 212-1.2.5 Mulch for Hydraulic Method Seed Lawn Planting. Add the following: The terms Hydroseeding and Hydroseed shall be synonymous with Hydraulic for the purposes of Section 212. Disturbed Areas, Southern Willow Scrub and Riparian Scrub and Upland Transition Zone planting areas shall be mulched, fertilized and seeded using method B. Mulch shall be manufactured from virgin wood cellulose fiber mulch and shall not contain growth or germination inhibitors. When mixed with water, the mulch shall remain in uniform suspension and when blended with the seed, fertilizer, and other approved additives, shall form a homogeneous slurry. When applied, the fibers shall form a moisture absorbing membrane with adequate percolation properties sufficient to allow one hundred percent of water applied at the rate of 3.1 liters per minute per square meter (0.075 gallons per minute per square foot) onto a surface inclined at a 21 (horizontal: vertical) slope to pass through the membrane. A non-phyto-toxic wetting agent shall be added to the slurry mixture. A water soluble, non-toxic green dye shall be added in sufficient quantity to clearly delineate the planted areas. When required, binder shall be added to the slurry mixture and shall be "CPA 40W, "AZTAC", "Ecology Control", "M-Binder", or approved equal. Application Rate grams per sq. meter (pounds per acre) 225 (2000) 35 (300) 7 (60) Per Mfg. Recommendation Per Mfg. Recommendation Add the following section: 212-1.2.5.1 Disturbed Area Mulch Fertilizer and Additives. In addition to the seed mix shown in the table for Disturbed Areas the slurry mixture shall be applied at the rates shown in Table 212- 1.2.5.1 (A) Add the following section: 212-1.2.6 Herbicides and Pesticides. Shall be used in their appropriate applications with strict adherence to manufacturer's specifications and instructions. Postemergent herbicide for all areas shall be Glyphosate, N-(phosphonomethyl) glycine, in the form of its isopropylamine salt such as Roundup Pro, Diquat, Montar, or approved equal. Preemergent herbicide for shrubs and groundcover areas planted from flats shall be Treflan, Surflan, Eptan, or approved equal. Add the following section: 212-1.2.7 General Soil Conditioners. Agricultural-grade gypsum shall be a calcium sulfate (CaS04 H20) product - 94.3 percent. 90 percent shall pass a 50-mesh screen. Control of dust during application is mandatory. Revised 0211 712005 Contract No. 39721-3 Page 12 of 65 Pages Iron Sulfate shall be ferrous sulfate in pelletized or granular form containing not less than 20.0 percent iron expressed as metallic iron. Iron Sulfate pellets shall be of size and gradation such that 98 percent is retained on a 10-mesh screen. 0 Seed Variety Ambrosia Psilostachya @ Artemesia Douglasiana Add the following section: 212-1.2.8 Stabilizing Emulsion. Stabilizing emulsion shall be a concentrated liquid chemical that forms a plastic film upon drying and allows water and air to penetrate. The film shall be nonflammable and shall have an effective life of at least one year. Stabilizing emulsion shall be nontoxic to plant and animal life and nonthinking to concrete or painted surfaces. In the cured state the stabilizing emulsion shall not be re-emulsifiable. The material shall be registered with, and licensed by the California, Department of Food and Agriculture, as an “auxiliary soil chemical”. Stabilizing emulsion shall be miscible with water at time of mixing and application. Application Rate grams per sq. meter (pounds per acre) 0.35 3 0.35 3 212-1.3 Seed. Add following: The quantity of pure live seed supplied shall meet or exceed the quantity shown in the specified mixes. Seed shall not contain more than 0.5 percent weed seed by volume Seed types shall be as specified on the plans and planting legends, and shall be applied at the rates indicated. All brand-name, patented seed must be received by Contractor in original manufacturer’s bag. Seed shall be received by Contractor in separate containers specifying kind, quantity, purity, and germination. Contractor shall provide the Engineer with each seed bag label used in the Work. Add the following section: 212-1.3.1 Seed for Disturbed Areas. less than the seed varieties shown in Table 212-1.3.1 (A). Hydroseeding mix for Disturbed Areas shall consist of no Table 21 2-1.3.1 (A) SEED FOR DISTURBED.AREAS Seed Variety I Application Rate Rose Clover shall be inoculated with a nitrogen fixing bacteria and be applied dry either by drilling or broadcasting immediately before hydraulic application of the remaining seed mix and mulch. @ Revised 02/17/2005 Contract No. 39721-3 Page 13 of 65 Pages Artemesia Dracunculus Atriplex Patula SSP, Hastata Halberd Leaf Saltbrush Encelia Californica, California Sunflower Festuca Meaalura. Zorro Fescue 0.25 2 0.25 2 0.25 2 0.25 2 Add the following section: 212-1.3.3 Seed for Riparian Scrub and Upland Transition Zone Areas. Hydroseeding mix for the Riparian Scrub and Upland Transition Zone area shall consist of not less than the seed varieties shown in Table 212-1.3.2(A). Table 212-1.3.3(A) lsocoma Venetus, Coastal Goldenbrush Leymus Condensatus, Giant Wild Rye Oenothera Hookerii. Hooker's Primrose 0.45 4 0.45 4 0.10 1 212-1.3.4 Seed for Riparian Woodland Areas Seed Variety Encelia Californica Eschscholzia Californica, California Poppy Festuca Megalura, Zorro Fescue lsocoma Venetus, Coastal Goldenbrush Leymus Condensatus, Giant Wild Rye Lotus Scoparius, Deerweed Lupinus Succulentus, Arroyo Lupine Phacelia Tanacetifolia Add the following section: Hydroseeding Mix for this area shall consist of not less than the seed variet.ies shown in Table 21 2-1.3.4 Application Rate grams per sq. meter (pounds per acre) 0.45 4 0.25 2 0.25 2 0.45 4 0.45 4 0.45 4 0.35 3 0.25 2 Application Grams per sq. Seed Variety meter Ambrosia psilostachys Western Ragweed 0.35 Anemopsis Californica Yerba mansa 0.55 Baccharis glutinosa Mule-fat 0.35 Lupinus succulentus Arroyo Lupine 0.55 Oenothera hookeri Hooker's Primrose 0.45 Total Festuca melgalura Zorro Fescue 1.35 Vitis girdiana Valley Grape 0.25 Add the following section: 212-1.3.5 Seed for Non-Playable Rough Areas Hydroseeding Mix for this area shall consist of no less than the seed varieties shown in Table 212- 1.3.5(A). Rate (pounds per acre) 3.0 5.0 3.0 12.0 5.0 4.0 2.0 34 Lbs/Acre Revised 02/17/2005 Contract No. 39721-3 Page 14 of 65 Pages TABLE 212-1.34A) SEED FOR NON-PLAYABLE ROUGH AREAS Application Grams Der sa. Rate Seed Variety Anemopsis californica Yerba mansa Iva haycsiana Rhamnus crocea Tree Coreopsis San Diego Marsh Elder meter - (pounds per’acre) 0.70 6.0 0.70 6.0 1.7 15.0 Total 27 Lbs/Acre Seed Variety Anemopsis californica Yerba mansa Elymus glaucus California Sagebush Hordeum brechyantherum Brittlebush Melica imperfecta Small-Flowered Melic Grass Stipa cernua Nodding Needlegrass Stipa lepida Foothill Needlegrass Sisyrinchium bellum Blue-eyed Grass 212-1.4 Plants. Application Grams per sq. Rate .35 3.0 1.25 10.0 1.25 10.0 .45 4.0 .45 4.0 .70 6.0 .45 4.0 meter (pounds per acre) Total 41 Lbs/Acre 212-1.4.1 General. Add the following: Plants shall be the variety and size shown on the plans or in the special provisions and shall conform to the requirements of these specifications. Contractor shall notify the Engineer 48 hours before each plant delivery so that the Engineer can inspect the plants. The scientific and common names of plants herein specified shall conform to the approved names given in “A Checklist of Woody Ornamental Plants in California, Oregon and Washington” published by the University of California, Division of Agriculture Sciences, Publication 4091 (1 979). Each group of plant materials delivered on site shall be labeled clearly as to species and variety. All patented plants (cultivars) required by the plant list shall be delivered with a proper plant patent attached. The Contractor shall obtain clearance from the County Agricultural Commissioner, as required by law, before planting plants delivered from outside the County in which they are to be planted. Evidence that clearance has been obtained shall be filed with the Engineer. All plants furnished by the Contractor shall be true to type or name as shown on the plans and shall be tagged identifying the plants by species or variety; however, determination of plant species or variety will be made by the Engineer and the Engineer’s decision shall be final. Plants shall be individually tagged or tagged in groups by species or variety. Carpobrotus cuttings need not be tagged. All plants shall comply with Federal and State laws requiring inspection for plant diseases and infestations. Inspection certificates required by law shall accompany each shipment of plants, and certificates shall be delivered to the Engineer. I) Revised 02/17/2005 Contract No. 39721-3 Page 15 of 65 Pages Plants furnished by the Contractor shall be healthy, shapely, and well-rooted, and roots shall show no evidence of having been restricted or deformed at any time. Plants shall be well-grown, free from insect pests and disease, and shall be grown in nurseries which have been inspected by the State Department of Food and Agriculture and have complied with the regulations thereof. The Engineer is the sole judge as to acceptability of each plant. Vigorous, healthy, well-proportioned plants are the intent of this specification. Plants which are even moderately "overgrown", or are showing signs of decline or lack of vigor, are subject to rejection. The size of the plants will be as shown on the plans. Plants larger in size than specified may be used with the approval of the Engineer, but the use of larger plants will make no change in contract price. If the use of larger plants is approved, soil amendments shall be increased proportionately. All plants not conforming to the requirements herein specified shall be considered defective and such plants, whether in place or not, shall be marked as rejected, and immediately removed from the site and replaced with new plants by the Contractor at the Contractor's expense. The Engineer reserves the right to change the species, variety, and/or sizes of plant material to be furnished, provided that the cost of such plant changes do not exceed the cost of plants in the original bid, and with the provision that the Contractor shall be notified in writing, at least 60 days before the planting operation has commenced. No plant shall be transported to the planting area that is not thoroughly wet throughout the ball of earth surrounding the roots. Any plant that, in the opinion of the Engineer, has a damaged root ball or is dry or in a wilted condition when delivered to the planting area will not be accepted, and shall be replaced by the Contractor at the Contractor's expense. Each plant shall be handled and packed in the approved manner for that species or variety, and all necessary precautions shall be taken to ensure that the plants will arrive at the site of the work in proper condition for successful growth. Trucks used for transporting plants shall be equipped with covers to protect plants from windburn. Root condition of plants furnished by the Contractor in containers will be determined by removal of earth from the roots of not less than 2 plants nor more than 2 percent of the total number of plants of each species or variety, except when container-grown plants are from several sources, the roots of not less than 2 plants of each species or variety from each source will be inspected by the Engineer. In case the sample plants inspected are found to be defective, the Agency reserves the right to reject the entire lot or lots of plants represented by the defective samples. Any plants rendered unsuitable for planting because of this inspection will be considered as samples and will not be paid for. The Contractor shall notify the Engineer when plants are to be shipped to the project site. The notification shall be given not less than IO days prior to the actual shipment date. Carpobrotus cuttings shall be 250 mm (IO") or more in length and shall not be rooted. Delosperma cuttings shall be 150 mm (6") or more in length and shall not be rooted. Cuttings shall be tip cuttings from healthy, vigorous and strong-growing plants and shall be insect and disease free. Mature or brown-colored stem growths or cuttings which have been trimmed will not be accepted. Cuttings shall be planted not more than 2 days after cutting and shall not be allowed to dry or wither. Carpobrotus cuttings shall not be taken from any plants that indicate the presence of ice plant scale (Pulvinaria species). The Contractor shall notify the Engineer of the location where cuttings are to be taken at least 10 days prior to taking the cuttings and shall be responsible for all permit and inspection fees involved in obtaining cuttings. @ Revised 0211 712005 Contract No. 39721-3 Page 16 of 65 Pages Rejection or Substitution. All plants not conforming to the requirements herein specified, shall be considered defective, and such plants, whether in place or not, shall be marked as rejected and immediately removed from the site of the work and replaced with new plants by the Contractor, at his expense. I) Right to Changes. The City reserves the right to change the species, variety, and/or sizes of plant material to be furnished, provided that the cost of such plant changes does not exceed the cost of plants in the original bid, and with the provision that the contractor shall be notified, in writing, at least thirty (30) days before commencement, of planting operations. Pruning. At no time shall the trees or plant materials be pruned, trimmed or topped prior to delivery, and any alteration of their shape shall be conducted only with the approval and in the presence of the resident engineer. Handling and Protection. All plants at all times shall be handled and stored so that they are adequately protected from drying out, from wind burn, or from any other injury. Any plant determined by the resident engineer to be wilted shall be rejected at any time during this project, whether in the ground or not. All plants shall be handled solely by their containers. Any plant that has been handled by its stem or trunk shall be rejected. The Contractor's on-site plant storage area shall be approved by the resident Engineer prior to the delivery of any plant material. Guarantees. All trees shall be guaranteed for one (1) year from final acceptance of project (at the completion of the plant establishment and maintenance period). All other shrub plant material shall be guaranteed for six (6) months from final acceptance. All hydroseeded areas shall be monitored as dictated by the state agencies for mitigation areas. 212-1.4.5 Sod and Stolons (Turf Grass) Lawn shall be 419 Hybrid Bermuda Sod. The location and areas of sod shall be as shown on the plans. I) 212-1.5.3 Tree Stakes. lodgepole pine, pointed on their driven end. Modify as follows: Tree stakes shall be 50mm (2") diameter turned Add the following section: 212-1.6 Erosion Control Matting. Erosion control matting shall be made of 100-percent- biodegradable, weed-free wheat straw of thickness and density yielding 270 grams per square meter (0.50 Ib./sy) with photodegradable polypropylene netting with a density of 0.89 grams per square meter (1.64 lb/lOOO sy) having an approximate mesh interval of 50 mm x 50 mm (2" x 2") on each face of the straw mat. The straw mat shall be sewn together with unidirectional lines of cotton or polypropylene thread spaced approximately 50 mm (2") apart. Erosion control matting shall be "North American Green, DSl50, "BonTerra S2", or approved equal. Add the following section: 212-1.7 Erosion Control Mat Staples. Erosion control mat staples shall be 25 mm x 150 mm (1" x 6"), U-shaped 1 1-gauge mild steel staples. Add the following section: 212-1.8 Root Barriers. Root barriers shall be no less than lm (39) in width. Root barriers shall be "Biobarrier", as manufactured by Reemay, Inc., 70 Old Hickory Boulevard, Old Hickory, TN 97138, Phone 615-847-7000, no substitutes will be accepted. Revised 02/17/2005 Contract No. 39721-3 Page 17 of 65 Pages 21 0-2 IRRIGATION SYSTEM MATERIALS. 210-2.1 Pipe and Fittings 212-2.1.1 installation of the irrigation system are based on United States of America sourced materials. General Add the Following: Specifications for materials to be used in the All references to testing and approval agencies are as follows: All dim (1) ANSI: (2) ASAE: (3) ASME: (4) ASTM: (5) AWWA: (6) MSS: (7) NEMA: (8) NSF: (9) UL: nsional sizes included in th American National Standards Institute American Society of Agricultural Engineers American Society of Mechanical Engineers American Society for Testing and Materials American Water Works Association Manufacturers Standardization Society National Electrical Manufacturers Association National Sanitation Foundation Underwriters Laboratories, Inc. se specifications and the accompanying plans and drawings are based on the English System of measurement. Metric equivalents of nominal sizes are provided for reference. Material Approval: Bids are to based upon the materials as specified. If the Contractor wishes to submit the alternative to a listed item, the Contractor shall include descriptive literature for the alternative item and a cover letter indicating the cost difference to be applied to the bid price. The decision to accept or reject any alternative items submitted will be made by the Designer and Owner during consideration of the bids. The successful bidder will be required to furnish three (3) copies of a list of the materials, complete with manufacturer's name and model numbers, which are not named by brand or model number in the Plans and Specifications and upon which the Contractor's bid is based. Award of the Contract will not be made until such list is received and approved by the Owner. 212-2.1.3 Plastic Pipe for Use with Solvent Weld Socket or Threaded Fittings, add the following: Except as provided in this section, all buried piping in the irrigation system'shall be installed with underground utility marking tape conforming to the requirements of section 207-21 and identifying it as reclaimed water. Intermittent pressure lines (lines on the downstream side of a controller valve that will not be subject to constant pressure) will not require underground utility marking tape. All PVC pipe used for irrigation systems shall be colored purple by the addition of a dye integral to the PVC. Painted pipe will not be accepted. Pressure mainline piping for sizes 50 mm (2") and larger shall be PVC having a pressure rating of 2170 kPa (315 PSI), S.D.R. 13.5. Stenciled pipe is required for all irrigation system piping including portions not required to be marked with underground utility marking tape. All pipe shall ie"s Revised 02/17/2OO5 Contract No. 39721-3 Page 18 of 65 Pages have stenciling appearing on both sides of the pipe with the marking ”Reclaimed Water“ in 16 mm (5/8”) high letters repeated every 300 mm (12”). PVC non-pressure buried lateral line piping shall be PVC Schedule 40. Add the following section: 212-2.1.7 Brass Pipe and Fittings. Brass pipe shall be IPS standard weight 125 LB 85 percent copper and 15 percent zinc, trade designation seamless red brass pipe conforming to the requirements of ASTM B43-91. Brass pipe fittings and connections shall be Standard 125 LB class 85 percent red brass fittings and connections. 212-2.2.7 Valve Boxes. Add the following: All valve boxes shall be marked “RCV”, “BV” or “QC”, ”PB” respectively. Remote control valves shall be marked with station numbers embossed on the valve cover with a brass tag. (RCV boxes shall have locking covers.) Other boxes such as pull boxes, etc., shall be marked with appropriate identification. Add the following section: 212-2.2.8 Ball Valves. Ball valves shall have bottom-loaded pressure-retaining stems, glass- reinforced seats, and reinforced TFE stem packing seals. Valves sizes 13 mm (%“) to 50 mm (2”) shall be pressure rated at 4140 kPa (600 PSI) WOG and 1030 kPa (150-PSI) saturated steam. Each valve shall be tested, air under water, in the opened and closed position by the manufacturer. Ball valve must conform to Federal Specification WW-V-35B, Type II, Class A, Style 3, End Connection A or C. Add the following section: 212-2.2.9 Pressure Regulator Valve. Pressure regulator valve shall be bronze body with screw fitting. - I) Add the following section: 212-2.2.9 Wye Strainers. Wye strainers shall have a cast iron or all-bronze body with a removable stainless steel or monel strainer. Wye strainers shall be capable of withstanding a cold water working pressure of 1034 kPa (150 psi). Wye strainers at backflow preventer assemblies shall be equipped with a gate valve at the outlet. All other wye strainers shall be equipped with a garden valve at the outlet. The strainer screen for the wye strainer in a backflow preventer assembly shall have an open area equal to at least 3 times the cross-sectional area of the pipe based on an iron pipe size and shall be woven wire fabric with 850-pm mesh or perforated sheet with 1.14 mm (0.045”) diameter holes. All other wye strainers shall be equipped with 425-pm strainer screens. 212-2.4 Sprinkler Equipment. Add the following: All sprinkler heads are to have factory built-in check valves or a check valve under each head. Drip assemblies shall meet the following requirements: The drip emitter shall be Pepco Quadra or Rainbird XERI-Bird-8 or approved equal as called on drawings, with four ports. Drip tubing for emitter outlets shall be Rainbird (RBT-16OV), Salco, or approved equal. Drip tubing stakes shall be Rainbird No. RS-13, Salco, or approved equal. Bug cap for drip tubing shall be manufactured by Rainbird, Pepco, or approved equal. The drip pressure regulator shall be Rainbird, Netafim PVR, or approved equal. Drip emitter filter shall be Amiad, Rainbird, or approved equal. Drip emitter access boxes shall be Rainbird No. SEB-GX, Salco Subterranean Emitter Box, or approved equal. Check valves shall be of heavy-duty virgin PVC construction with FIP thread inlet and outlet. Internal parts shall be stainless steel and neoprene. Antidrain valves shall be field adjustable against drain out from 1.5 m to 12 m (5’ to 40’) of head. All sprinkler heads that are without valves in the heads are to have an antidrain valve feature and shall have an excess flow feature, which will automatically stop the flow of water when it exceeds the ’3 Revised 0211 712005 Contract No. 39721-3 Page 19 of 65 Pages GPM preset by the manufacturer. Check valves shall be King Bros., Rainbird, or approved equal. 212-2.3 Backflow Preventer Assembly. Add the following: Backflow preventers shall be one of the approved reduced pressure principle devices listed by the California Department of Health Services, Division of Drinking Water and Environmental Management, 601 North 7th Street, Mailing Station (MS) 92, P.O. Box 942732, Sacramento, CA 94234-7320. Hose Size-Nominal (Millimeters) (Inches) 5/s 14 15 20 25 1 3 Backflow preventers shall be factory assembled and shall include 2 check valves, one pressure differential relief valve, 2 shut-off valves and 4 test cocks. Backflow preventer and valves shall be the same size as the pipeline in which they are installed, unless otherwise shown on the plans. Backflow preventer shut-off valves shall be manufactured from iron or bronze and shall be either resilient wedged gate valves, resilient seated and fully ported ball valves, or resilient seated butterfly valves. Threaded type shut-off valves shall be provided with a union on one side of each valve. Unions shall be brass or malleable iron. Add the following section: 212-2.4.1 Additional Equipment. Contractor shall provide the following items to the Engineer: 1. Two control valve keys. 2. Two wrenches for removing each different type of sprinkler head. 3. Two quick coupler keys. The keys and hose ells shall be of the same manufacturer as 4. the coupling valve. 5. Five keys for opening and locking each automatic controller and enclosure. Minimum Wall Thickness* Range (Millimeters) (Inches) (Percent) 3.73 0.147 12 3.91 0.154 12 4.55 0.179 12 Add the following section: 212-2.5 Flexible Hose.- Flexible hose shall be nonrigid polyvinyl chloride (nonrigid PVC) hose conforming to the specifications of ASTM Designation: D 2287, Cell-type 6464500. Wall thicknesses of nonrigid PVC hose shall conform to Table 212-2.5(A) when determined in accordance with ASTM Designation: D 21 22. 21 2-3 ELECTRICAL MATERIALS. 212-3.1 General. Add the following: the 1996 National Electrical Code. All electrical materials shall conform to the requirements of 212-3.2.2 Conductors. Add the following: Low voltage electric wiring running from controller to the automatic control valves shall be no smaller than No. 14 solid single conductor, copper wire, 0.015 mm (60 mil) insulation, 0.015 mm (60 mil) neoprene jacket, style UF (Direct Burial), or equal, e Revised 0211 712005 Contract No. 39721-3 Page 20 of 65 Pages color code wires to each valve. Neutral wires shall be white, no smaller than No. 12 solid single conductor wire, 0.015 mm (60 mil) insulation, 0.015 mm (60 mil) neoprene jacket, style UF (Direct Burial). 0 212-3.3 Controller Unit. All controllers shall be grounded by one 19 mm (5/8") diameter by 3 m (IO') long stainless steel grounding rod and a 50-ohm resistance lightning arrestor. Add the following: Add the following section. 212-3.4 Irrigation Electrical Service Equipment and Enclosures. shall incorporate the following elements: 1. 2. 3. 4. 5. Electrical service equipment One 100-amp, 120/240-volt, single-phase load center, as approved by the Engineer; One 100-amp rated commercial meter socket suitable for the San Diego Gas and Electric Company meter, with provision for test block bypass having a UL listing and EUSERC approval; One 15-amp circuit breaker for each irrigation controller energized by the service; One 20-amp circuit breaker for the duplex receptacle. The design, assembly, grounding, wiring, and components of the irrigation electrical service equipment and enclosure shall meet the requirements of the 1996 edition of the National Electrical Code. Electrical service equipment shall be enclosed in a cabinet constructed entirely of 14-gage, or heavier, 304 stainless steel. The cabinet shall be of welded construction with a brushed finish; anchoring points shall be inside the enclosure. 7. The cabinet shall be HYDROSAFE Model No. HS9, Strong Box, or approved equal. 8. The cabinet shall have a 304 stainless steel interior bulkhead separating the 120/240-volt electrical service section from the irrigation controller section. 9. No wood components shall be used in the enclosure. 10. Each section of the cabinet shall have full front opening doors with piano hinges, integral keylock and hasp and staple, or other provision, for padlock. 11. The cabinet shall be provided with cross-flow ventilation. Ventilation openings shall be located and designed to preclude rain, irrigation splash, vermin, and insects from entering the cabinet. 12. The controller side door shall have provision for mounting control schematics without the use of adhesives or fasteners. The service side door shall have a clear acrylic plastic window to allow the electrical meter to be read. 13. The cabinet shall have a duplex 15-amp, 120-volt receptacle with ground fault interrupter protection mounted on the interior service side. 14. Concrete footings and pads supporting the Electrical service equipment shall be 560-C-3250 and shall be no less than 150 mm (6") thick. 15. Anchor bolts to secure the service equipment to the concrete pad shall be 10 mm (38") diameter by 150 mm (6") long hot dip galvanized or stainless steel headed bolts with washers, without sleeves, conforming to section 304-1.7. Anchor bolts to secure the service equipment to the concrete pad shall be embedded in the concrete slab between 65 mm and 100 mm (2%" and 4"). 6. 0 0 Revised 0211 712005 Contract No. 39721-3 Paae 21 of 65 Pacies SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 301 -TREATED SOIL, SUBGRADE PREPARATION AND. PLACEMENT OF BASE MATERIALS 301 -1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading “150mm (6 inches)” to “300 mm (12”)”. 301 -1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12”) of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-I 557-91. In areas of general golf course fill areas, where no structures will be constructed, the Contractor shall compact to a minimum relative compaction of 85 percent as determined by ASTM Test D-I 557-91. These structural improvements include the commercial area, the clubhouse, bridges, slopes steeper than 3 to 1 (horizontal to vertical) and other areas of sensitive improvements, such as storm drains, are proposed. 301 -1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT. 302-5.1 General. Add the following: The Contractor shall treat all vegetation within the limits of the paved area to receive asphalt concrete paving with a post emergent herbicide. Herbicide shall be applied at least 2 (two) working days prior to paving the area. Allowance for the two day period shall be shown in the schedule required per section 6-1. 302-5.2.5 Pavement Transitions. Add the following: The Contractor shall ramp the approaches and termini to all structures and vertical joints in the cold-milled area which are transverse to through traffic with temporary asphalt concrete pavement as specified in section 306-1 5.1. Ramps shall be constructed the same day as cold milling and removed the same day as permanent paving. Ramp dimensions and compaction shall be as approved by the Engineer. 302-5.4 .Tack Coat. Add the following: The Contractor shall place a tack coat between the successive interfaces of existing pavement and new pavement when, in the opinion of the engineer, ’9 Revised 02/17/2005 Contract No. 39721 -3 Pane 22 of 65 Pages the Contractor has failed to maintain or prepare each existing or previously laid course of asphalt receiving the subsequent course of asphalt in a sufficiently clean state and the asphalt receiving the new pavement course is dirty enough to impair bonding between the next lift of asphalt. 302-5.5 Distribution and Spreading. Modify as follows: After second sentence of sixth paragraph, add: The Contractor shall provide the spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control for surface course paving. The automatic screed control shall be 9 m (30’) minimum length. The paving machine shall be operated by an operator and two full-time screed men during all paving. The Contractor shall provide an on-site backup paving during all paving operations. A backup asphalt windrow pickup machine (ASPWP) will be required at all times when a ASPWP is used. Additionally, a front end loader will be required during all ASPWP paving. The surface course shall be 50 mm (2”) thick. Leveling courses will be required in a variable thickness pavement section. 302-5.6.1 General. Modify as follows: Second paragraph, Part (Z), add: Pinched joint rolling procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer. Modify as follows: After last paragraph, add: Unless directed otherwise by the Engineer, the initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this section. 302-5.9 Measurement and Payment. Add the following: Payment for asphalt concrete shall be at the unit price bid per ton. No additional payment shall be made for any tack coat. SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-1 CONCRETE STRUCTURES 303-1.6.2 Falsework Design. add the following: The Contractor shall provide all temporary bracing necessary to withstand all imposed loads during erection, construction, and removal of any falsework. The Contractor shall provide falsework drawings and calculations prepared by a registered professional engineer, civil or structural, that show provisions for resolution of all loads that may be imposed upon the falsework. Such plans and calculations shall include: 1. Resolution of all live, dead, wind, construction and impact loads that may be imposed on the 2. Temporary bracing or methods to be used during each phase of erection and removal of the 3. Concrete placement sequence. 4. Erection and removal sequence. 5. Deflection values for the falsework that include recommended methods to compensate for falsework. falsework. falsework deflections, vertical alignment, and anticipated falsework deflection. Add the following section: 303-1.9.5 Surface Finish for Concrete Spillway. The Contractor shall provide a surface finish for concrete spillway to prevent the use of rollerblades, skateboards, and other rolling devices. Surface finish shall be a rough rake finish approved by the Engineer. Add the following section: 303-1.9.6 Architectural Treatment on Tunnel Manufactured Stone Veneer shall be applied to Tunnel with a mortar bond coat as shown on the plans and in accordance with the provisions in these special provisions. Manufactured stone veneer shall be “Cultured Stone”, produced by Stone Products Corporation. @ Revised 0211 712005 Contract No. 39721-3 Page 23 of 65 Pages The stone type, color and layout shall be as shown on the plans. Cultured Stone, Type: Blend 80% Chardonnay Southern Ledgestone and 20% Dressed Fieldstone. Trim Products: Cultured Stone, Type: Trim Stones 6" x 8" Taupe Mortar: In accordance with manufacture's recommendations; color shall be selected by Engineer. Surfaces of concrete against which manufactured stone veneer is to be placed shall be abrasive blasted to remove foreign substances, such as paint, tar, oil and curing compounds and to partially expose air bubbles and provide a roughened sandy texture. Manufactured Stone veneer shall be applied in accordance with the manufacturer's installation instructions. Measurement and Payment. Manufactured Stone veneer architectural finish will be measured and paid for by the square foot and included in the lump sum bid. The contract price paid per square foot for architectural treatment (manufactured stone veneer) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in architectural treatment, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 303-2 AI R-PLAC E D CONCRETE. 303-2.1 .l General. add the following: Modify Regional Standard Drawing D-75 as follows: replace stucco netting with 150mm x 150mm (6" x 6") by No. 10 by No. 10 welded wire mesh. Add the following section: 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.1 Requirements. Add the following section: 303-5.1.4 Cart Path Construction. The work covered in this section includes furnishing all material, labor, and equipment to install a subgrade, concrete path surface, and cleaning and tie-in after installation is completed. Cart path alignment shall generally follow the course as shown on the "Grading Plans." Final alignment shall be approved and will be subject to minor changes prior to pouring if deemed necessary by the Owner and Engineer. A. Excavation Excavation shall extend to a depth necessary to produce a finish grade that is one inch (1") above finish outside grade. B. Subgrade Subgrade shall be finished to a smooth even surface. Any fills shall be compacted in six inch (6") lifts to 95% density. All other subgrade shall also be compacted to 95% density using a steel wheeled roller weighing not less than five (5) tons. C. Concrete All concrete shall be 3,000 PSI strength at 28 days curing time on 2 inch thick compacted type II or ABC. Reinforcement shall be fiber-mesh product in the concrete mix. Pigment samples for colored concrete shall be submitted to the OWNER and Engineer for approval. Pigment shall be added to the concrete before pouring. Placing and working of concrete shall be done according to industry standards. Cart path shall have perpendicular expansion joints at a maximum of every 80'. Cart path typical width is 8' wide from inside curb or curbs. Turnouts for greens, tees, etc. shall be 12' wide and maintain this width for a minimum of 20' then tapers back on both sides. Two-way traffic shall be a minimum of 12' wide. Heavy broom finish shall be perpendicular to the path length after the diagonal control joints have been struck. Paths shall have a heavy broom finish at right angles to the path edge. Any part of the work not consistent with industry standards for construction and finishing will be rejected by the OWNER AND Engineer and must be promptly replaced. Any part of the path damaged after pouring must be repaired or replaced as approved by the OWNER and Engineer. D. Curbing All curbing, as indicated on the "Grading" Plans shall be a hand formed 4" X 4" concrete curb. E. Path pull-outs All cart path pull-outs shall be located on the "Grading" Plans and field approved by the OWNER and Engineer prior to pouring. F. Clean-up Contractor shall be responsible for any clean-up, including hauling from the site, debris and any excess materials, Le., forms, stakes, concrete, rock, etc. Contractor shall regard both sides of poured cart path to blend with the adjacent areas after forms have been removed and clean-up completed. G. Precautions Any crossings of the cart path after installation by equipment shall be ramped with earth to prevent any cracking or chipping. 303-5.5.2 Curb. Add the following: The Contractor shall stamp the curb face with 75 mm (3") high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A) @ Revised 02/17/2005 Contract No. 39721-3 Page 25 of 65 Pages Type of underground facilities Water Service Lateral Sewer Service Lateral Sewer Service Lateral Irrigation Water Lateral or Sleeve 303-5.9 Measurement and Payment. add the following: Curb and gutter, and curb, shall be considered as continuing across driveways and access ramps when constructed adjacent thereto. Neither curb and gutter nor curb will be paid for across the length of local depressions, except that which occurs in gutter transitions at each side of an inlet. Marking W S S RW 303-6 STAMPED CONCRETE. 303-6.1 General. Add the following: Concrete shall be 560-C-3250 with 6”x6” - 10 guage wire mesh throughout. 303-6.3.1 Method A (Dry Shake). add the following: Color shall be selected by Engineer. Color shall match existing color in medians as approved by the Engineer. 303-6.4 Pattern. add the following: Pattern shall be selected by Engineer. Add the following: 303-6.6 Measurement and Payment. Payment for colored, stamped concrete paving shall be paid under the contract unit price bid per square foot for median concrete paving. Said payment shall include compensation for all excavation, grading, backfill, permeable material, forming, mesh, reinforcing steel, concrete, integral color, texture sealers, and other material necessary to construct the specific paving. 303-3.1 1 Precast Wet Well and Vault Structures 303-3.1 1 .I General Precast wet well and vault structures [and all precast units] shall be per Quickset Concrete .Products, or approved equal and to size shown on the plans. All precast manhole sections shall be manufactured in a plant specifically designed for this purpose. 303-3.1 1.2 Design Loads Design Loads shall consist of dead load, live load, impact, and in addition, loads due to water table, hydraulic operations, equipment operations, and any other loads which may be imposed upon the structure. Live loads when applicable shall be H-20 and/or H-20 S-16 per AASHTO standard specifications for highway bridges with revisions. Design wheel load shall be 16 Kips. The live load shall be that loading which produces the maximum stresses and bending moments in the structure. 303-3.1 1.3 Joint Sealant The joint sealant shall be as provided by the vault manufacturer and shall be installed in quantities recommended by the vault manufacturer. 303-3.1 1.4 Pipe Penetrations Pipe penetrations shall be located and sized as shown on the plans, and shall be a minimum of 6” larger than the pipe diameter. All penetrations shall be sealed with non-shrink grout and shall be watertight. Revised 02/17/2005 Contract No. 39721-3 Page 26 of 65 Pages 303-3.1 1.5 Structure Backfill The Contractor shall backfill around the wet well or vault structure where shown on the plans. The fill material shall be free of foreign matter, debris and large rocks or clods and placed around the vault in 6 inch lifts and compacted to 90% relative density. The Piping Contractor shall take special precautions to insure uniform compaction around the pipes where they enter and exit the structure and to insure that the pipes are not damaged during backfill operation. Contractor shall comply with the Los Angeles County Public Works Engineering Design Guidelines in conjunction with above requirements as applicable. 303-3.12 Concrete Veneer Installation 303-3.12.1 General A wire reinforced concrete veneer cover shall be installed over the membrane liner by the Lake Contractor where shown on the plans. 303-3.12.2 Wire Mesh 1.2 inch by 1.2 inch by 20 gauge octagonal wire mesh shall be placed over the membrane liner in all areas to receive a concrete veneer. The wire shall be laid in a continuous layer, with adjacent edges over-lapping 8.0 inches (minimum) and secured to another by the use of hog rings or other appropriate clips which cannot puncture the liner. 303-3.12.3 Concrete The concrete shall be placed over the wire. All wire shall be covered with concrete such that no wire is visible on the surface or edge of the concrete except where indicated on the plans. The concrete shall be rough, broom finished, and water sprayed, chemical or membrane cured to prevent excessive cracking during or after curing. All cracks %" and wider shall be caulked with an approved sealant. Curing operations shall be one or both of the following methods: (1) application of a light spray of water, three times a day for three consecutive days beginning the following A.M.; or (2) spray application of an approved exterior curing compound. No concrete admixtures for curing will be allowed. I) 303-3.12.4 Concrete Placement Methods Placement of the concrete for the veneer shoreline may be done by conventional form work, Slip Form or Shotcrete application methods, all in accordance with the plans and specifications. Any method which is chosen by the contractor shall require an "Application Method Plan" submittal to be submitted to the construction Manager for review and approval prior to construction of the shoreline. For any method chosen, the Contractor must meet the accepted industry standards for that type of concrete placement method (Le. AST) 303-3.13 Sculptured Shoreline Construction General An artificial shoreline shall be constructed that has the appearance of a natural eroded soil around the lake perimeter as indicated on the plans. Concrete Color All Concrete shoreline shall be color stained. Concrete color shall be Desert Varnish by Eonite Technologies (Santa Ana), Calif. (714) 731-0906) or an approved equal. Varnish shall be applied to the concrete after the concrete has cured for 7 days and is completely dry. The concrete shall be stained to blend as closely as possible with the color of the native soils, or to the color selected by Owner. Submit color sample on 12 inch concrete sample to Engineer for approval. The Concrete 0 Revised 02/17/2005 Contract No. 39721-3 Page 27 of 65 Pages Color shall be applied after any patching of concrete if finished. 303-3.1 3.5 Leakage Test Contractor is responsible for filling the Lake System with water provided by the owner to the static water surface elevations indicated on the plans. Once the Lake system is filled, Contractor shall immediately notify the Construction manager to conduct a leakage test. 0 Passing the leak test is one of the requirements needed to be met in order for the Contractor to obtain substantial completion of the Lake system. Leakage tests will be performed by the Construction Manager for a period of one (I) week, measured twice daily. Water losses will be measured to the nearest .001 inch using a stationary staff gauge. An evaporation adjustment will be performed by the Construction Manager using a certified U.S. Weather Service Class A Evaporative Pan (4’ ft. dia. X 10: H). Evaporation shall hook gauge to the nearest 0.001 in., and corrected for heat losses through the walls of the pan and for differences in advected energy between the pan and feature, so that a reliable estimate of evaporation can be made. The ratio of the water losses to the corrected pan evaporation shall be less than or equal to (I) 0.7 average. Any rainfall during the leakage test period will invalidate the test and will require a retest. The Contractor will be responsible to set-up and install the Owner provided evaporation pan in the filled lake being tested in attempts to closely duplicate the actual condition. SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION 306-1 OPEN TRENCH OPERATIONS Add the following section: 306-1.1.7 Steel Plate Bridging - With a Non-Skid Surface. This section covers the use of steel plate bridging. The Contractor shall not employ the use or use steel plate bridging or trench plate that does not meet the requirements of this section both in application and circumstance of use. Add the following section: 306-1.1.7.1 Requirements for Use. Alternate construction methods that avoid the use of steel plate bridging shall be used by the Contractor unless otherwise approved by the Engineer. It is recognized that to accommodate excavation work, steel plate bridging may be necessary. All conditions for use of steel plate bridging set forth in the following requirements must be fulfilled as conditions of approval of the use of steel plate bridging. Consideration of steel plate bridging in the review process will take into account the following factors: . 1. Traffic volume and composition. 2. Duration of use of the steel plate bridging. 3. Size of the proposed excavation. 4. Weather conditions. The following formula shall be used to score the permitted use of steel plate bridging: PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (kmh) + SLOPE X 1001 X LANES 1000 8 PS = [ ADT + RNL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (mDh) + SLOE X 1001 X LANES 1000 5 where: PS = plate score. Revised 02/17/2OO5 Contract No. 39721 -3 Page 28 of 65 Pages - ADT - WEEKEND = NIGHTS = WEATHER = - SPEED - - SLOPE - - LANES - average daily traffic as defined in the CALTRANS Traffic Manual. equivalent wheel loads as defined in the CALTRANS Traffic Manual. total number of 24 hour periods during which the plates will be utilized at the site being considered. total number of Saturdays, Sundays and holidays that the plates will be utilized at the site being considered. total number of overnight periods that the plates will be in place, exclusive of Saturday, Sunday and holiday nights. total number of 24-hour periods that the plates will be utilized at the site being considered when the possibility of rain exceeds 40 percent. the design speed in kilometers per hour or miles per hour, as applicable in the formulae above, of the street where the plates are to be installed. This number the quotient of the vertical differential divided by the horizontal distance. The vertical and horizontal dimensions shall be measured at the locations spanning a distance of 15 m (50’) up and downstream of the position of the proposed steel plate bridging. the number of lanes where plates will be used. shall not be reduced for construction zone speed reductions. When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless, and at the sole discretion of the Engineer, the Engineer determines that no alternative method of construction is possible in lieu of using steel plate bridging or that other overriding considerations make the use of steel plate bridging acceptable. Alternatives considered to bridging shall include, but not be limited to, detouring traffic, construction detour routes, tunneling, boring and other methods of trenchless construction. Unless specifically noted in the provisions of the Engineer‘s approval, the use of steel plate bridging at each location so approved shall not exceed four (4) consecutive working days in any given week. Add the following section: 306-1.1.7.2 Additional Requirements. In all cases when the depth of the trench exceeds the width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety regulations require or the Engineer determines that shoring is necessary to protect the health or safety of workers or the public the Contractor shall install shoring conforming to Section 7-10.4.1 of the Standard Specifications. The trench shoring shall be designed and installed to support the steel plate bridging and traffic loads. All approvals for design, substitution of materials or methods shall be submitted by the Contractor in accordance with all provisions of section 2-5.3 Shop Drawings and Submittals. The Contractor shall backfill and resurface excavations in accordance with section 306- I .5. 8 Add the following section: 306-1 .I .7.3 Installation. When backfilling operations of an excavation in the traveled way, whether transverse or longitudinal cannot be properly completed within a work day, steel plate bridging with a non-skid surface and shoring may be required to preserve unobstructed traffic flow. In such cases, the following conditions shall apply: a) Steel plate bridging when the plate score exceeds 50 is not allowed except when, at the b) Steel plates used for bridging must extend a minimum of 610 mm (2’) beyond the edges of c) Steel plate bridging shall be installed to operate with minimum noise. sole discretion of the Engineer, it is approved as specified hereinbefore. the trench. When the use of steel plate bridging and shoring is approved by the Engineer, the Contractor shall install using either Method (1) or (2) depending on the design speed of the portion of street where B -r\fs Revised 02/17/2OO5 Contract No. 39721-3 Page 29 of 65 Pages the steel plate bridging is proposed for use. Method 1 [For speeds more than 71) Km/hr (45 MPH)]: The pavement shall be cold planed to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. The cold milling shall produce a flat surface that the plate shall rest on with no horizontal or vertical movement. Horizontal gaps between the unmilled pavement and the plate shall not exceed 25 mm (1") and shall be filled with elastomeric sealant material which may, at the contractor's option, be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of tables 203-5.2(B) and 203-5.3(A) . 0 Maximum Trench Width (I) 0.3 m (10") 0.6 m (23") 0.8 m (31") 1.0 m (41") Method 2 [For speeds 70 Km/hr (45 MPH) or less]: Approach plate(s) and ending plate (if longitudinal placement) shall be attached to the roadway and shall be secured against displacement by using two adjustable cleats that are no less than 50 mm (2") shorter than the width of the trench bolted to the underside of each plate and located within 150 mm (6") of the beginning and end of the trench for plates at the beginning and end of the trench, a minimum of two 300 mm long by 19 mm diameter (12" x %") steel bolts placed through the plate and driven into holes drilled 300 mm (12") into the pavement section, or other devices approved by the Engineer. Subsequent plates shall be butted to each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum slope 8.5% with a minimum 300 mm (12") taper to cover all edges of the steel plates. When steel plates are removed, the dowel holes in the pavement section shall be completely filled with elastomeric sealant material. At the Contractor's option, the methods required for Method 1 may be used. If the Contractor so elects, all requirements of Method 1 shall be used. The Contractor shall maintain the steel plates, shoring, and asphalt concrete ramps and maintain and restore the street surface during and after their use. Minimum Plate Thickness 13 mm 19 mm (3/4") 22 mm (7/8n) 25 mm (1") 1.6 m (63") I 32mm (1 %") (1) For spans greater than 1.6 rn (57, a structural design shall be prepared by a registered civil engineer and submitted to the Engineer for review and approval in accordance with section 2-5.3. Steel plate bridging shall be steel plate designed to support the HS20-44 truck loading per CALTRANS Bridge Design Specifications Manual. The Contractor shall maintain a non-skid surface on the steel plate with no less than a coefficient of friction of 0.35 as determined by California Test Method 342. If a different test method is used, the Contractor may utilize standard test plates with known coefficients of friction available from the CALTRANS District 11 Materials Engineer to correlate skid resistance results to California Test Method 342. In addition to all other required construction signing, the Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging. 0 Add the following section: 306-1 .I .7.5 Measurement and Payment. Steel plate bridge materials including, but not limited to: steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and @ Revised 02/17/2005 Contract No. 39721-3 Page 30 of 65 Pages padding, signage, placing, installation, removal, relocation, preparation and processing of shop drawings and submittals to support the use of steel plate bridging and all other materials, labor, supervision, overhead of any type or description will be paid for as an incidental to the work that the bridging is installed to facilitate. No separate payment for steel plate bridging will be made. No extension to contract time will be allowed for, or because of, the use of steel plate bridging. 306-1.2.1 Bedding. All installation of, and bedding for recycled water, or potable water mains shall conform to Carlsbad Municipal Water District Rules and Regulations for the Construction of (Potable or Reclaimed) Water Mains, latest edition. 306.1.2.2 Pipe Laying. Add the following: The Contractor shall place electrical conduit per SDG&E plans or as designated by the Engineer. San Diego Gas and Electric shall perform undergrounding work on Palomar Airport Road. 306-1.2.4 Field Jointing of Reinforced Concrete Pipe. add the following: The Contractor shall provide Gasket-type joints for reinforced concrete pipe (watertight joints) where indicated on plans. Add the following section: 306-1.2.14 Golf Course Drainage Pipe A. Drainage of greens shall be accomplished where necessary as shown on typical plans and details and as determined in the field. Four inch (4") perforated plastic ADS pipe or approved equal, shall be used to provide necessary drainage within the green area, and 4" solid plastic pipe shall be used anywhere outside the area. All drain trenches will be checked by the Engineer before the Contractor is authorized to place any drain rock or pipe in the trenches, and Contractor will be required to rework the trench invert until water freely flows through the trench without pocketing. I) Outlet main drains into natural channels, ponds, lakes, sales, or sumps away from the critical playing and walking areas. The top of drain pipe shall be a minimum of four inches (4") below the green sub-base. A minimum slope of one percent (1%) shall be provided in all lines. All pipe shall be placed on a minimum two inches (2") of bedding of dirt-free three quarter inch (3/4") rock. Rock with dirt mixed shall be rejected and must be replaced. Block off upper end of drain pipe with end caps. Immediately upon laying of pipe, provide outlet with a minimum one-fourth (1/4") galvanized wire mesh securely fastened with wire wherever a drain pipe daylights. Backfill tile lines with typical drain rock. Provide additional peripheral French drains as shown on details or if determined necessary in field by Engineer. Fill peripheral French drains to the top with typical dirt-free drain rock. Each green shall then be covered with a four inch (4") blanket of washed pea gravel. Drain rock with dirt mixed in shall be rejected. Fill remainder of green with seedbed mixture until green is at final putting surface grade as indicated on "Green Details." B. Drainage of Sand Traps The subsurface or sand traps will be provided with drainage similar to the subsurface of the greens. The same materials and procedures are to be used. The drains for traps may exit into the network of drains used in the greens. If it is not possible to tie into the green's drain lines, the Contractor @ Revised 02/17/2005 Contract No. 39721-3 Page 31 of 65 Pages shall exit trap drains into suitable lakes, constructed swales or sumps. All decisions are subject to approval by the Engineer. Note: Refer to Grading Plan Dwg. No. 318-4A (Sheet No. 34). Sand for traps shall be placed in bunkers by the Contractor. The final cleaning of traps and spreading of sand shall be performed by Contractor (under the supervision of the Engineer) as a maintenance item when the course is being groomed for play. 0 C. Drainage of Grass Traps The bottoms of all grass traps shall be graded so they will drain to one or more low points. A sump with an NDS Grated Drain Box placed in the middle and approximately two inches (2") above shall be installed to exit surface water. (Refer to Grading Plan Dwg. No. 381-4A [Sheet No. 341) Where possible, grass traps may be tied into the green drainage network. An NDS Grated Drain Box shall still be required to exit surface water. D. As-Built Drainage Drawings For all greens with pipe drainage, the Contractor shall carefully sketch the basic shapes of the green, putting surface, mounds and traps, illustrating the approximate locations of all drain lines and their termination points. Illustrations in a form acceptable to Engineer shall be forwarded to the Engineer for approval and presentation for the OWNER'S records. 306-1.3.1 General. add the following: The Contractor shall install detectable underground utility marking tape 230 mm x 75 mm (9" x 3") above each or, in the case of bundled underground conduit of the same type, the upper underground conduit being installed by the open trench method. The type and color of detectable underground utility marking tape shall conform to the requirements of section 207-25 et seq. 306-1.3.4 Compaction Requirements. delete Section 306-1.3.4 and replace with the following: The Contractor shall densify trench backfill to a minimum of 90 percent relative compaction except that in the top 300 mm (12") of the street right-of-way, compaction shall be 95 percent. 306-1.4.1 Testing Pipelines All gravity and recirculation pipelines shall be subjected to a field hydrostatic pressure of 50 PSI for a period of two hours per standard public works engineering design guidelines. One hundred percent of the pipeline lengths shall be tested. All concrete anchor blocks shall be per Los Angeles County Public Works Engineering Design Guidelines and shall be allowed to cure a sufficient time to develop adequate thrust resistance. The pipeline shall not be tested until it has been filled with water for a minimum or 24 hours. Before testing, the pipe shall be backfilled with 2 W feet of material or center loaded to hold the pipe in place while testing. The water necessary to maintain this pressure shall be measured through a meter. Any noticeable leaks shall be repaired and any defective pipe shall be replaced with new sections prior to commencing a retest. Test sections shall be physically isolated from previously tested pipelines, existing pipelines or main lines prior to connecting the new line. Tests shall be conducted with the open ends of pipe, valves and fittings suitably closed with plugs or caps as necessary. Valves shall not be operated during the testing procedures. All testing shall be inspected by the Construction Manager. 306-1.5 Trench Resurfacing. 306-1 S.1 Temporary Resurfacing. Delete the fourth and fifth paragraphs and substitute the following: Temporary bituminous resurfacing materials which are placed by the Contractor are for its @ Revised 02/17/2005 Contract No. 39721-3 Page 32 of 65 Pages convenience and shall be at no cost to the Agency. Temporary bituminous resurfacing materials shall be used in lieu of permanent resurfacing only when approved by the Engineer. When temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and replaced with permanent resurfacing within 7 days of placement. No additional payment will be made for temporary bituminous resurfacing materials. The price bid for the associated conduit or structure shall include full compensation for furnishing, placing, maintaining, removing, and disposing of such temporary resurfacing materials. 306-1 3.2 Permanent Resurfacing. Add the following: Except as provided in section 306-1 5.1, "Temporary Resurfacing," the Contractor shall perform permanent trench resurfacing within 24 hours after the completion of backfill and densification of backfill and aggregate base materials. 306-1.6 Basis of Payment for Open Trench Installation. add the following: Payment for utilities undergrounding which includes the utility trench for CATV and SDG&E and conduit for SDG&E's electric conversion shall be made on the basis of contract lump sum price for utilities underground- ing and no other payments will be made. Cox Cable will supply and deliver conduits and fittings to be installed by the Contractor. Cox Cable will install enclosures. The Contractor will furnish and install 6.4 mm (Z) nylon pull ropes in all conduit. 306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following: Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. 0 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION Add the following section: CONSTRUCTION 308-1.1 TEES, GREENS, SAND TRAPS, GRASS BUNKERS AND LANDSCAPING 308-1.1.1 Scope. Work covered in this Section consists of the construction of tees, greens, sand traps and grass bunkers as indicated on the drawings, as specified herein, and as directed by the Engineer. The Contractor shall furnish all services, labor, transportation, materials and equipment necessary for the performance of these operations. 308-1.1.2 Intent. It is the intent to construct and develop the above features, as directed by Engineer, taking into account the importance of golf playing values and fine aesthetic appearance. The Engineer reserves the right to alter the design or shape of any green, tee, trap, sand bunker, or grass bunker where in the opinion of the Engineer such alteration is in the best interest of the total golf course design. Such alterations shall be done by the Contractor at the direction and at the Contractor's expense. 308-1.1.3 Basic Earthwork. The basic earthwork will be performed under Section 300. Basic earthwork includes the placement of stockpiles according to plans and specifications and as directed in the field by the Engineer. Areas where features are to cut or shaped from site shall be preworked by heavy equipment under Section 300 to facilitate subsequent shaping operations. Topsoil shall be furnished as necessary under Section 300 and as directed by Engineer for use on tees, green and bunkers. '3 Revised 0211 712005 Contract No. 39721-3 Page 33 of 65 Pages 308-1.1.4 Tee Construction A. B. C. D. E. F. G. H. I. J. Base Construction. The shape, size and exact location of all tees shall be hydrosprigged in accordance with the "Grading Plan" and approved in the field by the Engineer to facilitate existing topography and/or vegetation. Fine Grading of the Surface. Tees shall be so shaped that the teeing surface shall be smooth and straight, with no water-holding pockets, slightly pitched (approximately 1 %) from front to rear to provide surface drainage. Size. Construct the tees and tee groups to the dimensions described for tee surfaces as indicated on plans or as directed by the Engineer. Except for irregular shaped tees, the front (ladies') and rear (championship) tees of a tee group shall be a minimum thirty feet (30') in width of teeing surface, the middle tees (mens') be a minimum thirty feet (30') in width. Singular long tees shall be a minimum thirty feet (30') in width unless otherwise directed. Side Slopes. Maintain a constant and uniform slope gradient (maximum 3:l) on tee sides for the entire tee length regardless of elevation differential between natural grade and tee surface. Shoulders. Around the shoulders (area between tee surface and side slopes) of the tee to be able to completely mow without scalping by mowers and formed to be of pleasing aesthetic appearance. Perimeter Area. Blend side slopes into natural grade of surrounding areas in a uniform manner of pleasing aesthetic appearance and to permit complete mowing of the toe of tee slopes and adjoining areas. Topsoil. After completion of the subgrade, and provided that the Engineer deems the operation necessary, the tees shall have, or be covered with a minimum of six inches (6") of on-site topsoil. Two inches (2") of construction grade sand will be spread on tee tops and disced into teeing surfaces uniformly prior to final seedbed preparation. Preparation for Planting. All tee surfaces will be finish graded and hand raked from the top down to the toe of all slopes to provide a smooth, fluffy seedbed or sod base prior to planting. To insure drainage and uniformity, all tee tops are to be lazer graded prior to turfing. Prior to planting, the Contractor under this Section shall communicate with the City and Engineer for purposes of coordination and verification that all areas affected by the decision to proceed with planting are ready for same and that adequate preparations for germination watering have been made. Grassing of Tees. Upon final approval by the OWNER and GOLF COURSE ARCHITECTl all tees shall be sodded in accordance with the turfing plans. Damage and Repairs: In the event of damage by weather or other Acts of God involving soil erosion, by wind or water, wash-outs and/or damage to work in progress, the repairs shall be performed by the Contractor under each affected section. The method and amount of compensation shall be agreed upon by section. The method and amount of compensation shall '3 Revised 0211 712005 Contract No. 39721-3 Page 34 of 65 Pages be agreed upon by the City and Contractor prior to the commencement of work to be done. 308-1 .IS Green Construction A. Base Shaping. Shaping shall be accomplished according to sketches, plans and typical details which illustrate the size, shape, height and general character of the desired features, and as field-directed by the Engineer. All putting surfaces of greens will be graded to a subgrade elevation (16 inches below finish grade) with a four (4) foot collar around perimeter of green to provide a dish to contain the prepared greens mix. Note: Refer to Sheet No. 1 ("Construction Details"). Greens shall be so shaped from fill stockpiles or from site that their lines and slopes will blend harmoniously with the natural surrounding contours. The mounds and valleys of the greens shall be shaped into smooth, curving lines as indicated on the plans or sketches to the satisfaction of the Engineer. The greens will be so constructed that the contours of the putting surface will result in a slight pitch, with no pockets, providing the surface drainage. The roll and slopes of the surrounding mounds shall have a soft, pleasing appearance and shall blend smoothly into the putting surface of the green. B. Equipment. Since this work is especially critical and must be carefully done, it is not the type of operation where a full blade can be utilized effectively. The operator will not be able to bulk form the molding of the green, but will be required to push and backblade small amounts of materials in a repetitive operation to create a form of curved lines tying smoothly together and into natural grade. B C. Final Sculpturing. To create the desired aesthetic effect and playing value for the green, final shaping shall be done by rubber-tired tractors, or approved equal. D. Green Traps. The traps that form part of the molded green are to be shaped as an integral part thereof. They shall conform to the sizes and shapes as indicated on the plans or sketches or to such sizes and shapes as otherwise designated by the Engineer in the field. The mounding, noses and outlines of traps shall be shaped to natural broken lines to create a dunes effect similar to dunes found near the sea. Grade the slopes and bottoms of the sand areas of the traps and bunkers carefully to a clean, smooth, and uniform surface. Shape slopes gently, concave in nature, to permit placing of sand thereon. Shape and edge sand areas of traps to allow a uniform placement of sand at a depth of six inches (6") and a grass-sand edge or lip of two inches (2") above sand. Prior to sodding, the Contractor is to place sufficient quantities of sand in traps. Sand is to be retained in one or more stockpiles to be spread after grass is established. E. Green's Mixture. The green's mixture shalt be 90% sand and 10% peat moss. The sand and peat moss must be tested by a qualified USGA Testing Laboratory and shall be mixed off-site. The resulting mix must conform to USGA specifications and may be randomly sampled and tested at the Contractor's expense for consistency throughout the construction process. The sand shall be clean, double-wash mortar sand approved by the OWNER and Engineer before purchase and installation. Green's mixture sand shall contain no more than 5% silt or I) clay. Revised 02/17/2005 Contract No. 39721-3 Page 35 of 65 Pages Size of Mesh % Passing by Weicrht No. 8 96 - 100 No. 16 80 - 90 No. 60 10 - 20 No. 100 9- 10 F. G. The peat moss shall be Reed-sedge Peat. Prior to installing seedbed mixture, Contractor shall drive stakes into the subgrade at sufficient spacings that base contours can be retained. Stakes shall bear elevation marks to indicate depth for placement of seedbed mixture. Contractor shall obtain approval of staking from Engineer before placing seedbed mixture on green. Engineer may accept deviations from this staking procedure, provided that comparable results can be achieved. The seedbed mixture shall be approved by the Engineer prior to installation which shall be to a minimum of one (1) compacted foot. This seedbed mix will taper into the subsurface slopes of the green. Full depth of at least one (I) compacted foot must be maintained over all areas of green subgrade and up to six (6) feet in from edge of putting surface. Spread mix carefully to retain original shape and contour of green. Contractor will exercise care in the placement of the pea gravel blanket over the subgrade to prevent wheel damage by trucks off-loading sand. Trucks will drop loads working from periphery inward and will not be permitted to run over bare rock surfaces. Any damaged materials occurring as a result of wheel churning or mixing must be replaced and all damage repaired. A small rubber-tired tractor or other approved equipment shall then be used to push the sand onto the putting surface. Bunker Sand. The Contractor shall submit to the OWNER and Engineer samples of the proposed bunker sand for their review and approval. Sand for bunkers shall be of a color and consistency approved by the OWNER and Engineer. Such sand conform to the following sieve analysis: Sieve Analysis - Sand 16 mesh 3.91% Retain 20 mesh 5.22% Retain 30 mesh 14.59% Retain 40 mesh 26.45% Retain 50 mesh 32.50% Retain 70 mesh 14.12% Retain 100 mesh 2.86% Retain 140 mesh .36% Retain Fine Finish Grade. Compacted by wheel-rolling or other suitable contours that, in the opinion of the Engineer, enhance playing values and improve aesthetic appearance. Putting areas, or different pin positions, are most desirable. These distinctive areas should be relatively flat and tied into the remainder of the green to form identifiable patterns. There shall be no water- holding pockets on any putting surface. Contractor may be called upon to rework and/or add sufficient sand to finished surface as often as necessary in order to obtain a finished effect satisfactory to Engineer. All final putting surface shaping shall be completed by a qualified operator and approved by the ?@ Revised 02/17/2005 Contract No. 39721-3 Page 36 of 65 Pages Engineer prior to any grassing. H. Engineer's Inspection and Approval. Prior to completion, Contractor will request formal inspection and approval from Engineer, which shall be considered essential step in the construction of all features. I) After completion of and approval by the OWNER and GOLF COURSE ARCHITECT green areas, the putting surfaces shall be sandproed with a carpet drag and the outsides of greens shall be hand raked prior to planting. 1. Preparing for Planting. Prior to planting, the Contractor under this Section shall communicate with the OWNER and Engineer for purpose of coordination and verification that all areas affected by the decision to proceed with planting are ready for same and that adequate preparations for watering have been made. J. Planting of Green's Putting Surfaces. After final shaping of putting surfaces has been completed and approved by the Engineer, the Contractor shall place an approved commercial fertilizer as approved by the OWNER'S Golf Course Superintendent, on the putting surface and green apron at the rate applicable for the particular fertilizer. Using a cyclone spreader, the Contractor shall apply half the amount of seed in one direction with the other half at right angles to the first. The Dominant Plus Bentgrass seed shall be thoroughly mixed into the seedbed to a maximum depth of one inch (I") and at a rate of 2 Ibs. per 1000 square feet. K. Germination Watering. Notify OWNER immediately upon completion of a seeding of an area to assume the responsibility of germination watering, as watering and/or maintenance is not part of this work. Likewise, notify Engineer upon completion of seeding of any area. The Contractor, without incurring further responsibility, shall notify, advise, and/or recommend to the Engineer as to the OWNERS efforts to be found in error or generally unacceptable to proper and accepted germination procedures. 0 L. Preparation of Green Slopes. The green slopes extend from the putting surface to the point where the feature blends and meets with surrounding terrain. All stones, weeds and debris which would impair with the formation of a proper seedbed should be windrowed to the edge of slopes where they will be removed under Section 308-1.2, + "Fairway Development." Fine Grade slopes and mounds in continuing curing lines, blending smoothly with surrounding contours. Apply fertilizer at the same rate as specified for tee slopes. Rake fertilizer lightly into soil. M. Rework of Green Slopes. When the Contractor, who installs the irrigation, is finished with his pre-irrigation shaping operations for any work area, he will seek approval and acceptance of the work from the OWNER and Engineer. Upon such acceptance, Contractor shall deliver the area to the Irrigation contractor for installation of the irrigation system. After the Irrigation Contractor has completed his work and the work has been duly approved and accepted by the OWNER and Engineer, the Contractor under this Division will be given the work area for final shaping. When the area is completed, the Contractor, will check all shaping and perform any touching up Revised 021 712005 Contract No. 39721-3 Page 37 of 65 Pages of contours, and after final approval of Engineer, turn the area over to the Contractor under "Fainrvay Development" for final seedbed preparation and grassing. N. Grassing of Green Surrounds. Upon final seedbed preparation and approval by the OWNER and Engineer, all green surrounds shall be seeded with Tifway 419 sod as shown on the "Turfing Plans". 0. Grassing of Sand Trap. Prior to any sodding, the Contractor shall paint the turf edge around each sand trap for final review and approval by the OWNER and Engineer. Any final adjustments in turf lines shall be made in the field by the Engineer. P. Upon final approval by the OWNER and Engineer of the final shaping and seedbed preparations, all grass traps shall be sodded with 419 hybrid Bermuda as indicated on the "Turfing Plans." 308-1.1.6 Fairway Trap Construction A. B. C. D. Shaping. Shape fairway traps in the same manner and method as described for construction of greens and traps surrounding greens. Shape fairway bunkers from existing natural slopes or stockpiles which have been provided by others. Grade the slopes and bottoms of the sand areas of the traps and bunkers carefully to a clean, smooth and uniform surface. Shape slopes gently, concave in nature, to permit placing of sand thereon. Shape mounds and slopes to bland harmoniously with smooth-flowing lines and pleasing appearance, drawing out and blending all slopes meeting natural grade in a manner to appear integral and of natural placement, as approved by GOLF COURSE ARCHITECT. Prior to any edging or placement of sand within sand trap cavities, the Contractor shall paint all sand lines for OWNER and Engineer's approval. Slope and edge sand areas of traps to allow a uniform placement of sand at a depth of six inches (6") and a grass-sand edge or lip of two inches (2") above sand. Drainage. As deemed necessary by Engineer, drainage shall be provided for bunkers in a manner typical for sand traps surrounding greens. Refer to Construction Detail # (TBD) . Seedbed Preparation. All seedbed preparation and planting of fairway bunkers shall be typical of that for fairways, and shall be performed under Section 308-1.2, "Fairway Development." Sand. Sand for traps shall be placed in bunkers after each bunker cavity has been edged and hand-raked by the Contractor. The spreading of sand shall be performed by OWNER under the supervision of the Engineer and Golf Course Superintendent as a maintenance item when the course is being groomed for play. 308-1.1.7 Responsibilities After the seedbed preparation has been accepted by the OWNER and Engineer and the planting of any areas has taken place, the maintenance of such area, including watering and fertilizing, becomes the responsibility of the OWNER. Revised 02/17/2005 Contract No. 39721-3 Page 38 of 65 Pages Immediately after completion of planting of any specific area, the Contractor shall notify the OWNER to commence a regular watering program. After initial watering, the planted surface shall be watered as frequently as necessary to keep soil surface sufficiently moist to ensure maximum growth. The Contractor shall coordinate and assist in establishing proper watering procedures and quantities, time periods of watering, and any other pertinent factors to provide the finest possible growth of grass, without assuming maintenance responsibilities. # 308-1.2 FAIRWAY, ROUGH AND FESCUE DEVELOPMENT 308-1.2.1 Scope. Work covered in this Section consists of furnishing all labor, materials, transportation and services to perform fairway and rough development, which includes removal of rock in excess of one-half inch (112”) diameter, tie-in operations, seedbed preparation and planting, and any other operations incidental to development of fairways as described herein. All areas not planted under Section 308-1 .I will be planted under this Section. 308-1.2.2 Intent. It is the intent under this Section for the Contractor to assume the responsibility for the development of all items indicated in the above scope and to complete the golf course satisfactorily to the OWNER and Engineer up to and including final grassing and delivery to the OWNER. The Contractor is charged with the responsibility of preserving all previous work as regards quality and aesthetic character. 308-1.2.3 Construction A. Rock Removal. Remove all rock and debris which would interfere with the formation of a finely pulverized seedbed. Rock of one-half inch (1/2”) diameter or greater shall be disposed of prior to grassing. All rocks collected under this section may be disposed of by removal from site under Engineevs direction. D Scattered rock or stones under one-half inch (1/2”) in size do not impede the formation of a satisfactory seedbed, provided they are not concentrated in any one area. Concentration in excess of twenty percent (20%) by volume of any random sample is not acceptable. Such areas must either be re-worked or covered with suitable topsoil. The windrows of rock and/or other debris left at tie-in points of features will be removed by the Contractor under this Section. B. Lake Development. The Contractor is to perform all aspects and operations of fine finish, seedbed preparation, fertilizing and sodding in full conformance with this Section, herein described for fairway development. Contractor shall begin sodding at the edge of lake called out as Top of Bank (T.B.). C. Tie-in-Operations. It shall be the responsibility of the Contractor under this Section to bring together the work under all other Sections, performing the necessary tie-ins and leaving all areas completed after planting. The bottoms of slopes from all features where they meet the fairways must be blended; the boundaries of the playing areas must blend into the surrounding terrain; the top of the root ball of trees musts be graded smoothly into the surrounding terrain; the spoils from irrigation installation operations and depressions from the settling of trenches must all be eliminated; the edges of lakes and constructed artifact, these must all be blended into the surrounding terrain; 0 Revised 02/17/2005 Contract No. 39721-3 Page 39 of 65 Pages and until such work has been approved by the OWNER and Engineer, the Contractor‘s work will not be accepted. D. F. Preparation of Seedbed. Scarify all areas to be planted to a depth of two inches (2”) prior to planting or the Engineer shall reject the work if, in his opinion, the fairways do not meet the standards and requirements of this Section, or in his opinion, if there are any obstructions that will interfere with the formation of a satisfactory seedbed. When the fairways have been worked to a point where they are ready for grassing, Contractor, using approved and suitable equipment, will float all areas prior to performing the grassing operation. Care shall be taken to protect all established contours, but at the same time, remove all water-holding pockets, ridges and sharp contours which may interfere with the operation of mowing and maintenance equipment. This operation is to be performed under supervision from the Engineer and using equipment approved by him. Apply a 16-20-0 commercial fertilizer at a rate of 600 pounds per acre and a pellet type sulfur at a rate of 400 pounds per acre to all areas to be planted under this Section. Should, in the opinion of the OWNERs Golf Course Superintendent, request a differing starter fertilizer, the amount of compensation shall be agreed upon by the OWNER and Contractor prior to the commencement of work to be done. E. Planting of Fairways, Roughs and Fescue Areas. I. All Fairways and roughs shall be hydrosprigged with Tifway 419 hybrid Bermuda stolons at an application rate listed in Section 308.1.2.9. The location and areas of grass shall be noted on the “Turfing Plans”. 2. All fescue areas shall be hydroseed at a rate of 75 Ibs. per acre. The location and areas of grass shall be noted on the “Turfing Plans”. The seed blend shall be the following: Old Links Native Mix 20% Aurora Gold Hard Fescue 20% Discovery Hard Fescue 20% Little Big Horn Blue Fescue 20% Blaze Little Bluestem 10% Tiffany Chewings Fescue 10% Blue Grama Notify OWNER immediately upon completion of any grassing of any area to assume the responsibility of germination watering, as watering and and/or maintenance is not part of this work. The Contractor, without incurring further responsibility, shall notify, advise, and/or recommend to the OWNER alternative watering procedures should the OWNERs efforts be found in error or generally not favorable to proper and accepted germination procedures. Planting of Fescue Blend Seed Areas. Prior to planting any of the fescue blend seed area (refer to ‘Turfing Plans”) the Contractor shall paint all fescue areas for approval by the OWNER and Engineer. The Contractor shall coordinate the seeding of the fescue areas with adjacent sod hvbrid Bermuda areas. The Fescue Blend Seed mix shall be as follows: e Revised 0211 712005 Contract No. 39721-3 Page 40 of 65 Pages 1. Banner Ill Chewing Fescue 25% 2. Badger Creeping Red Fescue 25% 3. Brigade Hard Fescue 25% 4. Warwick Hard Fescue 25% Any alternates to the above seed mix shall be submitted to the OWNER and Engineer for approval prior to any seeding. Preplant fertilizer should include a balance between Nitrogen and Phosphorus and much lower levels of Potassium (Le. 16-25-12. High levels of Potassium are not needed during preplant, since it is not immediately available to the seed. Controlled release Nitrogen should be used in combination with a more readily available source, like urea.. The percentage of controlled release nitrogen required are determined by how short the intervals are between the initial application, and the repeated applications. MAP is the recommended Phosphorus source do to its quick availability to the seedlings. Seed shall be planted by a drop seeder at a rate of 4 Lbs per 1,000 square feet. The seed shall be uniformly distributed over the designated areas (refer to "Turfing Plans"). Half of the seed shall be sown moving in one direction, and the remainder of the seed in the opposite direction. Seed shall be pressed into the soil to a depth 1/2 inch by means of a cultipacker or other approved device. Drop seeding shall not be done during windy weather. Notify OWNER immediately upon completion of any seeding of any fescue area to assume responsibility of germination watering, as watering and/or maintenance is not part of this work. Likewise, notify the Engineer upon completion of seeding these fescue areas. The Contractor, without incurring further responsibility, shall notify, advise, and/or recommend to the OWNER alternative watering procedures should the OWNERS efforts be found in error or generally not favorable to proper and accepted germination procedures. 0 308-1.2.4 Soil Amendments and Fertilizer. Soil ammendments and pre-plant fertilizer will be determined after on site soils and water testing. 308-1.2.5 Sod A. The sod shall consist of live, growing, mature Tifway 419. The sod shall be cut from the field with a minimum of one-half inch of soil that completely covers the roots of the sod. The sod shall have a healthy, virile root system of dense, thickly matted roots throughout. B. The sod shall arrive vigorous and have a lush appearance, uniform texture and dark-green color throughout with no dead or dry edges. The sod shall be sufficiently dense to bear handling and placement without tearing. C. The sod shall be free of disease and harmful insects, obnoxious weeds or other grasses and shall not contain any other matter deleterious to its growth or which might affect its subsis- tence or hardiness when transplanted. 308.1.2.6 STOLONS Stolons shall be Tifway 419. The Stolons shall be completely healthy and free of weeds, disease and insect infestations. 0 @ Revised 02/17/2OO5 Contract No. 39721-3 Page 41 of 65 Pages 308.1.2.7 SOIL PREPARATION A. B. C. D. E. Prior to planting sod, remove all rocks and debris, eradicate and physically remove all vegetation and weeds, dead or alive, from the site. Rototill or spade the area to a depth of 4 to 6 inches. Eliminate drainage problems by having soil slope away from foundations, etc. Incorporate organic matter (humus, redwood, sand, etc.), gypsum, lime and fertilizer as recommended by an approved soils report to a depth of 3 to 4 inches of the soil profile. Rake and smooth the soil, removing rocks, roots, and large clods. Roll the area lightly with a lawn roller 1/3 full of water, leaving the grade 1 inch below finish grade. Water the prepared area to a depth of 6 inches to settle soil and provide a moist base for turf. 308.1.2.8 SODDING A. B. C. D. Prior to planting, the irrigation system shall be tested and fully functional. Sod shall be harvested within 24 hours prior to delivery and planted within three days after harvest. Install sod immediately upon delivery. In hot weather, protect unlaid sod by placing stacks in shade, covering with moist burlap sacking and sprinkling. Begin installing sod along the longest straight line, such as a driveway or sidewalk. Butt and push edges and ends against each other tightly, without stretching. Avoid gaps or overlaps. Stagger the joints in each row in a brick-like fashion, using a large sharp knife to trim comers, etc. Avoid leaving small strips at outer edges as they will not retain moisture. On slopes, lay the turf pieces horizontally across the slope. On 2:l slopes or greater, stake sod to hold in place with %" x I" x 12" pegs at two-foot spacings. To avoid causing indentations or air pockets, avoid walking or kneeling on the turf while it is being installed or just after watering. Do not lay whole lawn before watering. When conveniently large area has been sodded, water lightly to prevent drying. After installing the turf, roll the entire area to improve turf-to-soil contact and remove air pockets. Begin watering within 30 minutes of installation. E. F. 308.1.2.9 STOLONIZING A. B. C. D. E. F. G. Stolons shall be harvested within 24 hours prior to delivery and planted within three days after harvest. Hydrosprig stolons immediately upon delivery. In hot weather, protect unplanted stolons by placing them in shade, covering with moist burlap sacking and sprinkling. The rate of application of stolons shall be: 225 US Standard Bushel per acre between June Is' and July 300 US Standard Bushel per acre between July 16'h and August 15*; hydrosprigging stolons after August 15" is not recommended. include 60 Ibs. tacifier and 1800-2000 Ibs. wood fiber per acre during hydrosprigging operation. Thoroughly water the completed installation immediately after stolon application. Maintain water saturation of the soil for the duration of the germination period to ensure proper establishment. Reapply stolon application to all areas where the turf is thin or bare after the germination period. @ Revised 02/17/2005 Contract No. 39721-3 Page 42 of 65 Pages 308.1.2.10 HYDROSEEDING A. All areas to be hydoseeded shall have been prepared as though fairway areas on the golf e dourse. Fertilizers , as prescribed by the consulting agronomist, shall be incorporated hto the slurry prescribed rate. Dolomite lime shall be spread as determined by soil tests upon all areas to be hydroseeded. Hydroseeding shall be conducted under favorable weather conditions during the season normal for such work to be performed. B. Hydraulic mulch shall be Flexterra, a Flexible Growth Medium (FGM), as manufactured by PROFILE Products. The FGM shall require no cure time and be comprised of wood fiber, cross linking hydrocolloid tackifier, co-polymer gel and crimped interlocking fibers. The FGM shall be manufactured using thermal-maechanical defibration to create wood fibers that, when combined with tackifier and synthetic fbers, shall have a minimum water holding capacity of 1500%. The FGM shall be combined with water, seed and fertilizer, and mixed using jet agitated or mechanically agitated equipment at a rate of 50 Ibs. of fiber per 125 gallons of water. Apply FGM at the appropriate rate based upon slope and soil conditions at a minimum of 3000 Ibs. per acre. Spray FGM using a fan-type nozzle (when possible, use a 50-degree tip), applying from two opposing directions to ensure proper soil surface coverage. FGM shall be used wherever quick, dense vegetation is required and on slopes where the threat of soil loss or water contamination or excessive runoff dictates an effective treatment. FGM shall be non-toxic, bio and photo degradable and completely safe for the environment. C. The wood fibers of mulch must maintain uniform suspension in water under agitation and shall blend with grass seed, fertilizer and other additives to form a homogenous slurry. Upon application, the mulch material shall form a blotter like mat covering the ground. This mat shall have the characteristics of water absorption and percolation and shall cover and bond grass seed in contact with the soil. D. The FGM shall be green in color to aid in visual metering during application. The dye shall be biodegradable and not inhibit plant growth. E. The FGM shall conform to the following application rates and specifications: Nozzle: Use a fan type nozzle (50 degree tip)whenever possible for better soil surface coverage. Typical application rate: Flat Areas--20001bs /acre 3:l Slopes or less--3000 Ibs/acre 2:l Slopes or less--3500 Ibs/acre 1:l Slopes or less--4000 Ibs/acre Physical Properties: Moisture Content-12% 5 3 Wood Fiber--85% MAX Locking Fibers-5% 5 1 q Crosslinked Tackifier--10% 5 1 Water Holding Capacity--1 500% MIN Organic Material--95% MIN pH-4.8% 2 2 Color--Green Revised 02/17/2005 Contract No. 39721-3 Page 43 of 65 Pages F. G. H. 1. J. K. The FGM shall be packaged in units not exceeding 100 Ibs. and be suitable for outdoor storage for up to six months. The package shall contain current labels, the manufacturer's name and address, net weight, and customer service number. Hydraulic equipment used for the slurry application of prepared fiber mulch shall be of the "super Hydroseeder" type, or other approved types. Using this equipment, pure FGM, seed and fertilizer slurry shall be applied evenly over the soil surface in a one step operation. Operations may proceed only after free surface water resulting from recent rains or mechanical watering has drained away. Other moisture and weather considerations should be used as guides as if normal grassing practices were to be conducted. The mulch and water shall be combined into the slurry tank for distribution of all ingredients in one operation by hydraulic method. The slurry mixture shall be so regulated that the amounts and rates of application shall result in a uniform application of all materials. After hydromulch has been applied and allowed to dry, the seeded area shall be sprinkled with a fine spray of water to prevent run-off and shall continue to be watered often enough to keep the surfaces constantly moist. Hydroseeded areas shall be adequately protected from foot or vehicular traffic during the period that grass is being established. Additional hydromulching of bare or eroded areas may be required prior to final approval to obtain an erosion-free stand of grass. After three to four weeks of favorable growing weather, bare spots shall be cultivated, reseeded, raked and rolled as in the original work. 308-2 EARTHWORK AND TOPSOIL PLACEMENT 308-2.3.1 General. Add the following: Prior to planting, the Contractor shall apply pre-emergent, translocative, systemic herbicide ("Round- Up", or equal) to kill all broadleaf weeds and grasses present in planting areas, as requested by Resident Engineer, according to manufacturer's directions. Contractor shall wait 10-14 days after application of herbicide, before commencing with landscape installation. 308-2.3.2 Fertilization and Conditioning Procedures. add the following: The Contractor shall cultivate the surface of all areas to be planted or hydroseeded by discing, ripping or scarifying the finish grade. After cultivation the Contractor shall clear the planting areas of stones to the depth of cultivation and shall be rake the planting areas to a smooth friable and plantable surface. The Contractor shall cultivate all planting areas, except slopes steeper than 3-1/2:1 (horizontal to vertical), to a depth of 300 mm (12"). The planting areas that are slopes steeper than 3-1/2:1, shall be cultivated to a depth of 150 mm (6"). After cultivation, the soil amendments shown in table 308- 2.3.2(A) shall be thoroughly blended 150 mm (67 deep in all planting areas. Except for planting pits the cultivation depths are designated as the root area. Backfill for planting pits shall conform to the requirements of section 308-4.5. After surface preparation and application of the soil amendments shown in Table 308-2.3.2(A) the Contractor shall obtain a minimum of one test for each soil property listed in Tables 308-2.3.2(B) and 308-2.3.2(C) from each median planter, at least one test per 150 m (500') from each parkway and for each hectare (2.5 acres) of hydroseeded area and shall submit the results of said tests to the Engineer. The Contractor shall then adjust the soil properties to the acceptable ranges of soil properties shown in Tables 308-2.3.2(B) and 308-2.3.2(C) using such materials and methods as may be necessary. Organic soil amendment materials shall not be included in the samples used to determine compliance to the soil particle gradation requirements of Table 308-2.3.2(C). If adjustments are necessary the soil shall be tested by the Contractor after @ Revised 0211 712005 Contract No. 39721-3 Page 44 of 65 Pages such adjustments for each soil property listed in Table 308-2.3.2(8) and 308-2.3.2(C) to determine that the adjustments to the soil made by the Contractor result in soil properties within the acceptable range. The Contractor shall adjust the soil properties and show acceptable ranges prior to any planting or application of hydroseed slurry. Prior to the start of any planting or application of hydroseed slurry the surface and root area shall be evenly and thoroughly moistened to no less than 75 percent of field capacity. The Contractor shall certify, in writing, that the ground surface has been prepared in accordance with this section and shall request inspection by the Engineer prior to any planting or seeding. The Contractor shall obtain the Engineer's approval before any planting or hydroseeding. Soil Amendment Ag ricu I t ura I Gypsum Iron Sulfate Calcium Carbonate Lime Organic Soil Amendment Metric Application Rate Approx. U.S. Application Rate 500 g per square meter 50 g per square meter 500 g per square meter 0.041 15 cubic meters per square 5 cubic yards per 1,000 square meter (average depth 41 mm) 100 Ibs. per 1,000 square feet 10 Ibs. per 1,000 square feet I00 Ibs. per 1,000 square feet feet (average depth 1 5/8n) Soil Property PH (ECe) Liquid Limit Plasticitv Index 0 Dissolved Salts Acceptable Range Test Method Repeatability Range of Test 6.5 to 7.3 Saturation Paste pH kO.1 pH < 4.0 dS m-' Saturation Paste * 7% N/A to 30 ASTM D 423 +2 NP to 10 ASTM D424 +2 Soluble Salts 9.5 mm (3/8n) I95 - 100 Sieve Size 19 mm (3/dn\ 4.75 mm (No. 4) 160-85 Percent Passing 100 1.89 mm (No. IO) 140-75 475 pm (No. 40) 75 um (No. 200) 35 - 70 30 - 70 For areas to receive planting of all types, excluding only hydroseeding, the Contractor shall amend the prepared soil by blending 200 g of 7-7-7 fertilizer per square meter (40 Ibs. per 1,000 square feet) into the top 150 mm (6") of soil after the completion of adjustment of soil properties and acceptance of the planting area by the Engineer. The Contractor shall apply post-plant 12-4-6 fertilizer at the rate of 20 pounds per 1,000 square feet, 30 days after planting and every 30 days through the end of the maintenance period. @ Revised 0211 712005 Contract No. 39721-3 Page 45 of 65 Pages 308-2.4 Finish Grading. Add the following: The finish grade shall be defined as the surface of soil following all grading, soil preparation, water settlement and repair and shall be smooth, uniform, and free of abrupt grade changes and depressions to ensure surface drainage. The Contractor shall take every precaution to protect and avoid damage to sprinkler heads, irrigation lines, and other underground utilities during Contractor’s grading and conditioning operations. All depressions where water will stand, all voids, erosion, settled trenches and excavations, and all ridges and rises which affect the maintenance and mowing of the lawns with a gang-mower or which visually are evident shall be filled with conditioned topsoil and/or removed by Contractor, leaving a smooth, even finish grade. The Contractor shall prepare the finish grade in hydroseed slope areas with a moderately rough texture to provide a suitable surface for adherence of the hydroseed mix. Finish grades shall be as indicated on the civil engineer’s drawings and landscape drawings. Finish grades shall be measured as the final water compacted and settled surface grades and shall be within plus or minus 0.1 foot of the spot elevations and grade lines indicated on the drawing. Finish grades shall be measured at the top surface of surface materials. Molding and rounding of the grades shall be provided at all changes in slope. All undulations and irregularities in the planting surfaces resulting from tillage, rototilling and all other operations shall be leveled and floated out before planting operations are initiated. The Contractor shall take every precaution to protect and avoid damage to sprinkler heads, irrigation lines, and other underground utilities during his grading and conditioning operations. Final finish grades shall insure positive drainage of the site. Final grades shall be acceptable to the Golf Course Architect before planting operations will be allowed to begin. Planting surfaces shall be graded with no less than 1 percent surface slope for positive drainage. 308-4 PLANTING. 308-4.1 General. add the following: The Contractor shall perform actual planting during those periods when weather and soil conditions are suitable and in accordance with locally accepted horticultural practice and as approved by the Engineer. All rock and other growth or debris accumulated during the duration of the project shall be removed from the site. Upon completion of all grading operations, soil samples (3 locations minimum) shall be taken by the Contractor and analyzed by a soil laboratory. The result of these tests are to be reviewed by the Golf Course Architect for any required modifications to specified soil preparation. Prior to excavation for planting or placing of plant materials, locate all underground utility lines still in use and take proper precautions to avoid damage to such improvements. In the event of a conflict between such lines and plant locations, notify the Golf Course Architect who shall arrange for the re- location of one or the other. The Contractor assumes all responsibility for making any and all repairs Revised 0211 712005 Contract No. 39721-3 Page 46 of 65 Pages for damages resulting from work as herein specified. Grading and soil preparation work shall be performed only during the period when beneficial and optimum results may be obtained. If the moisture content of the soil should reach such a level that working it would destroy soil structure, spreading and grading operations shall be suspended until the moisture content is increased or reduced to acceptable levels and the desired results are likely to be obtained. No planting shall be done in any area until it has been satisfactorily prepared in accordance with these specifications. Soil moisture level prior to planting shall be no less than 75 percent of field capacity. The Contractor shall obtain the Engineer‘s approval of planting pits before planting operations begin. For pit planted vegetation when the soil moisture level is found to be insufficient for planting, the Contractor shall fill the planting pits with water and allow them to drain before starting planting operations. Care shall be taken that the rate of application of water does not cause erosion or sloughing of soils. No more plants shall be distributed in the planting area on any day than can be planted and watered on that day. The Contractor shall plant and water all plants as herein specified immediately after removal from their containers. Containers shall not be cut prior to placing the plants in the planting area. It shall be the responsibility of the Contractor to provide continuous horticultural services and temporary and/or permanent irrigation to all planted and hydroseeded areas so that the planted and hydroseeded vegetation is 100 percent healthy and thriving prior to, and throughout the, landscape maintenance period. All scaled dimensions are approximate. Before proceeding with any work, carefully check and verify all dimensions and immediately inform the Golf Course Architect of any discrepancy between the drawings and/or specifications and actual conditions. Quantities for plant materials are shown for convenience only, and not guaranteed. Check and verify count and supply sufficient number to fulfill intent of drawings. Certify and clarifications with the Gold Course Architect. Adequately stake, barricade, and protect all irrigation equipment, manholes, utility lines, and other existing property during all phases of the soil amending planting and grading operations. Shrub Samples Typical samples, three each of all varieties and sized (5 gallon and under) shrubs of all plant materials shall be submitted for approval at the site a minimum of three days prior to planting operations. Approved samples shall remain on the site and shall be maintained by the Contractor as standards of comparison for plant materials to be furnished. Samples will be incorporated into the work. 3084.2 Protection and Storage. add the following: The Contractor shall submit a sheltered and secure location for on-site plant storage area for the Engineer’s approval prior to the delivery of any plant materials. Any plant determined by the Engineer to be wilted, broken, or otherwise damaged shall be rejected at any time during the project, whether in the ground or not. All plants shall be handled by their containers. Any plant that has been handled by its trunk or stem shall be rejected. All rejected plants shall be removed from the site immediately. 308-4.3 Layout and Plant Location. modify as follows: Planting areas shall be staked by the Contractor and the Contractor shall obtain the Engineer’s approval of the planting layout before planting operations begin. 3084.5 Tree and Shrub Planting. add the following: The Contractor shall amend the backfill for planting holes to a thoroughly blended mixture of clean loamy soil meeting the requirements of Tables 308-2.3.2(B) and 308-2.3.2(C) and then blend the amendments listed in Table 308-4.5(A) @ Revised 0211 712005 Contract No. 39721-3 Page 47 of 65 Pages into the backfill for planting holes. TABLE 308-4.5(A) BACKFILL AND AMENDMENTS FOR TREE AND SHRUB PLANTING I size container I size container ’ Planting tablet requirements are not cumulative and apply to the size container indicated Pruning shall be limited to the minimum necessary to remove injured twigs and branches, and to compensate for loss of roots during transplanting, but never to exceed one-tenth the branching structure. Pruning may be done only with the approval of, and in the presence of, the Engineer. Cuts over 19 mm (W) shall be painted with an approved tree wound paint. Planting backfill shall be a thoroughly blended mixture of excavated soil from the planting pits and soil amendments with the following amounts per cubic yard of backfill: Soil amendment On-site soil Gypsum Soil conditioner (gro-power plus) 50% 50% 4 Ibs. 15 Ibs. Add the following section: 308-4.5.1 Root Barriers. Root barriers shall conform to section 212-1.8, Root Barriers. The Contractor shall install root barriers continuously for any tree trunk located within 8’ or less from the edges of all cart paths, walks, walls, or water feature areas. The top of the root barrier shall be 25 mm (1”) below the finish grade of the planted area. The bottom of the root barrier shall be installed 20 1/2” below the finish grade of the planted area. Install as indicated on the plans, eliminating any breaks in the barrier by providing at least 150 mm (6”) of overlap at splices or damaged areas. Splices and repair patches shall be stitched to the root barrier material by a running stitch of no less than 6 2 1 stitches per 25 mm (I”). 308-4.6 Plant Staking and Guying. add the following: The Contractor shall install all boxed trees per drawings L-1 and L-2 of the San Diego Regional Standard Drawings unless details shown on the project plans differ therefrom. 308-4.7 GROUND COVER. Add the following: A fertilizer planting tablet (5 gram size) shall be placed with each plant at the rate of one (1) tablet per flat plant. 308-4.8.2(b) Method B. add the following: The Contractor shall prepare hydroseeding slurry on the job site. Slurry additives shall arrive at the site in bags sealed and properly identified by the manufacturer. All specified additives and water shall be added on the job site at the rates specified and shall be thoroughly mixed at the job site. The Contractor shall add seed to the slurry after the fiber mulch has been thoroughly incorporated. The Contractor shall spray all areas with a uniform, visible coat using the green color of the mulch as 0 Revised 0211 712005 Contract No. 39721-3 Page 48 of 65 Pages a guide. The Contractor shall apply the slurry in a sweeping motion, in an arched stream so as to fall like rain allowing the mulch fibers to built on each other until a good coat is achieved and the material is spread, evenly, at the required rate per area. The Contractor shall use care not to drag spray hoses over container planted material and shall attempt to spray from the edges of the planting areas wherever possible. Any slurry mixture which has not been applied to the planting areas within four (4) hours after mixing is be rejected and removed from the project at the Contractor's expense. Any slurry spilled into areas outside the limits of work shall be cleaned up at the Contractor's expense to the satisfaction of the Engineer. The Contractor shall assure that the site is properly prepared. The Contractor shall repair all tire ruts created by the equipment. Areas needing grading repair prior to hydroseeding shall be blended and floated to match surrounding grades. Areas having less than 80% plant coverage within thirty (30) days after the initial application shall be reseeded every twenty (20) days until 80% of the ground surface is evenly covered by hydroseeded or subsequently reseeded growth. 0 Add the following section: 308-4.8.3.1 Weed Eradication. The Contractor shall water all irrigated areas to be hydroseeded for three (3) weeks prior to hydroseeding to allow for germination of the weed seeds. The Contractor shall spray all weeds with a post emergent herbicide immediately after the completion of the three week irrigation period. After two (2) weeks, the Contractor shall again eradicate the weeds and complete the preparation of the soil prior to the application of the hydroseed mixes. Add the following section, 308-4.1 0 Erosion Control Matting Installation Add the following section, 308-4.1 0.1 General. Before installation of erosion control matting the Contractor shall complete all soil preparation, fine grading, and hydroseeding of the areas to receive erosion control matting. Add the following section: 308-4.1 0.2 Coordination with Hydroseeding. Erosion control matting shall be installed by the Contractor immediately after the first application of hydroseed materials. In all cases the Contractor shall place the erosion control matting within three days after the first hydroseed material application. Should any seed in the hydroseed materials begin to germinate within the threeday period after application or before the installation of the erosion control matting, the installation of the erosion control matting shall be considered as late and the Contractor shall disc the hydroseed materials into the top lOOm (4") of the underlying soil, condition the soil for hydroseeding, apply hydroseeding materials at the rates and of the type specified and then install the erosion control matting. No additional payment will be made for second or subsequent hydroseed applications resulting from late installation of erosion control matting. Add the following section: 308-4.10.3 Installation. The Contractor shall install erosion control matting using the following techniques: 1. Begin at the top of the slope by placing the erosion control matting into a 150 mm (6") wide by 150 mm (6") deep trench with the end of the matting laid flat in the bottom of the trench 2. Anchor the end of the erosion control matting with erosion control mat staples spaced no more than 300 mm (12") on centers placed at the intersection of the bottom and the downhill vertical face of the trench. * 3. Roll the erosion control matting down the slope. 4. Staple the erosion control matting on an alternating grid consisting of three across and two across 5. Erosion control mat so stapled shall be spaced such that no less than 1 % staples per square lines of staples in horizontal lines spaced 900mm (3') on centers. I) @ Revised 0211 712005 Contract No. 39721-3 Page 49 of 65 Pages meter (1% staples per square yard) are provided to anchor the erosion control matting. placed mat by no less than 50 mm (2”). both mats along their edges. 6. Start the adjacent erosion control mat as in Item 1. of this section, overlapping the previously 7. Staple placement may be such as to use the staples used to secure the adjacent mat to secure 308-4.1 2 Tree Drainage. Drainage for trees shall be accomplished via a sub-surface filter-wrapped perforated PVC pipe system where required. See civil and landscape drawings and details. Add new subsection: 308-4.13 Pruning. Pruning shall be limited to the minimum necessary to remove injured twigs and branches, and to compensate for loss of roots during transplanting, but never to exceed one-tenth the branching structure. Pruning after planting shall be required on all trees, when necessary to provide the specified or approved standard shapes, form and/or sizes characteristic to each plant. Pruning may include thinning, topping, and/or cutting and shall be under the direction of the Golf Course Architect and/or Landscape Architect. cuts over threequarters of an inch (3/4“) shall be painted with an approved tree wound paint. Add new subsection: 308-4.14 Bark Mulching. (Water Feature, Slopes And Park Areas). All areas to receive shrubs and ground covers shall be mulched by covering the entire surface of the planting area with a two and one half inch (2-112”) deep minimum layer of type 1 bark mulch. Areas to receive hydroseed and greater than or equal to 2:l slope shall not receive a layer of bark mulch. 308-5 IRRIGATION SYSTEM INSTALLATION. 308-5.1 General. Add the following: The Contractor shall apply irrigation water as often and in sufficient amounts, as conditions may require, to germinate and establish the seed, and keep the container plants healthy and growing. The Contractor shall lay out lines, valves, and other underground utilities and receive the approval of the Engineer before digging trenches. The Contractor shall be responsible for damages caused by its operations. Connections shall be made at approximately the locations shown on the drawings. The Contractor shall be responsible for unapproved changes. Permission to shut off any existing in-use water lines must be obtained 48 hours in advance, as to the date, time and exact length of time of each shut-off. The Contractor shall demonstrate that the entire irrigation system is under full automatic operation for a period of seven days prior to any planting. 308-5.2 Irrigation Pipeline Installation 308-5.2.3 Plastic Pipeline. Add the following: Plastic pipe and fittings 3” (75 mm) and smaller shall be assembled as follows: (1) Use care in handling, loading and storing to avoid damage. Store pipe and fittings under cover and protect from sunlight prior to use. Transport pipe in a vehicle with a bed long enough to allow the length of pipe to lay flat, so as not to be subject to undue bending or concentrated external loading at any point. Any pipe that has been dented or damaged will not be accepted. a Revised 021 712005 Contract No. 39721-3 Page 50 of 65 Pages D. Pipe shall be cut square and connecting surfaces shall be clean and dry. Burrs shall be removed inside and outside of pipe end. Pipe ends shall be chamfered on outside before assembly. For assembly of solvent weld pipe, use primer/cleaner and solvent cement as supplied by IPS Weld-On or Christy's. (a) Use primerkleaner to clean the outside end of pipe and the inside of the fitting socket. Use a non-synthetic bristle brush to spread solvent on the inside diameter of the socket and the outside end of pipe as recommended by the solvent manufacturer. Avoid excess solvent, making sure that coated area on the pipe is equal to the depth of the fitting socket. Apply solvent from no larger than pint size containers with air tight covers. Clean and refill the containers each day. ' (b) Make joint immediately after applying the solvent. Give a half-turn to dispel air and spread the solvent. Check all tees and ells for correct position. Hold joint in place for sufficient time to ensure that pipe does not push out from fittings. Use clean rag to wipe off excess solvent. For assembly of gasket joint pipe, use a gasket lubricant as supplied by or recommended by the pipe manufacturer. (a) Use lubricant for assembling pipe and fittings. Lubricant shall be water soluble, non- toxic, non-objectionable in taste and odor imparted to the fluid, non-supporting of bac- teria growth, and shall have no deteriorating effect on the PVC or rubber gasket. (b) Pipe, couplings, rubber rings, and lubricant shall be furnished by the same pipe manufacturer or as expressly recommended by them for use with their product. On PVC to metallic connections, work the metallic connections first. Use a non-hardening Teflon pipe dope or Teflon tape on all threaded PVC to metallic joints. Use only light wrench pressure to avoid damage to PVC fittings. Solvent weld pipe up to and including 2-1/2" (65 mm) in size shall be installed by a suitable trenchless technique (pulled in) where soil and project conditions permit. Open trench installation shall be used where soil conditions are unsuitable for pulling or where terrain dictates. Installation and backfill requirements listed in paragraph E shall be followed for open trench installation. No loss of warrantee due to installation technique will be allowed. Provide minimum depth of cover as indicated on the Plan. Locate existing utilities and pot-hole ahead of trenching or pulling operation. The general procedure for trenchless installation shall be as follows: (1) Assemble lines to be "pulled in" no less than sixteen (16) hours before "pull- ing". Assemble lines by solvent welding with couplings (solvent weld bell end pipe is acceptable). Fittings for sprinkler and valve connections, etc. are to be installed after pipe is in the ground. (2) Pull pipe into ground approximately 6" (I 5 cm) off-set from actual staked sprinkler locations. Dig potholes for sprinkler heads and tees in line and install fittings by cutting into installed pipe. Sections of installed pipe are to be moved through the ground to allow for proper solvent welding of fittings. Pot- holes for sprinklers shall be only deep enough under the riser fitting so that it will be resting on undisturbed earth once the sprinkler is set to grade. @ Revised 02/17/2005 Contract No. 39721-3 Page 51 of 65 Pages (3) Flush lines thoroughly. Cap and test at a minimum 125 PSI (8,6 bars), not to exceed 150 PSI (10,3 bars) at any point, for one (1) hour prior to installation of sprinkler heads and backfill of holes. Testing shall be done with swing joints in place. (4) Holes shall be backfilled and all loose dirt and debris cleaned up immediately following completion of pressure tests. Raised slits from pipe installation shall be compacted to original grade with vibrating roller or other suitable compact- ing machine. F. Gasket joint pipe indicated on the Plan as 3" (75 mm) and smaller and 3" (75 mm) solvent weld pipe shall be installed by trenching, laying pipe, back-filling and compacting. Locate existing utilities and pot-hole ahead of trenching operation. Pipe installed by trenching shall be installed as follows: (1) Trench depth shall provide a minimum depth of cover as indicated on the Plan. The bottom of the trench shall be free of rocks, clods and other sharp edged objects. (2) Lower pipe into open trench after being assembled on the surface. Provide a firm, uniform bearing for the entire length of each pipe line to prevent uneven settlement. (3) Snake solvent weld pipe from side to side of trench bottom to allow for expansion and contraction. One (1) additional foot of pipe is the minimum allowance for snaking. Never lay PVC pipe when there is water in trench or when the temperature is 32' F (Oo C) or below. (4) Concrete thrust blocking or joint restraints shall be installed at all tees, elbows, gate valves and reducers for gasket joint pipe. Size, location and installation of thrust blocks or joint restraints shall be in accordance with the manufacturer's installation manual and the Construction Details. The Contractor shall be responsible for ensur- ing the stabilization of all fittings and valves in the piping system. (5) Backfill trench with material free of rocks, clods and other sharp edged objects. Embedment material around the pipe and 4" to 6" over the pipe shall be 1/2" (13 mm) or less in size. Provide 90% compaction on all backfilled material. (6) Use the same pipe pressure test procedure as described above under general procedure for trenchless installation. Pipe 4" (100 mm) and larger shall be installed by trenching, laying pipe, back-filling and compacting. Locate existing utilities and pot-hole ahead of trenching operation. Pipe shall be installed as follows according to the pipe manufacturer's installation guidelines. (1) Mark main line route with gypsum or white marking paint. Use templates or models made from 2" (50 mm) pipe and fittings (minimum 6' (1,8 m) long legs) to layout changes in direction of main line for tees, 45 and 90 degree bends. (2) Excavation and backfill of all trenches, including the material, equipment and.labor necessary for the completion of work, shall be considered as included in the Contract price for installation of the irrigation system. No additional payment beyond the Con- tract will be due from the Owner. Revised 0211 712005 Contract No. 39721-3 Page 52 of 65 Pages (3) Trench width shall allow for 4” (IO cm) of clearance on each side of pipe. Main line trench depth shall provide a minimum depth of cover as indicated on the Plan. The trench bottom shall be free of rocks, clods and other sharp objects. (4) Concrete thrust blocking or joint restraints shall be installed at all tees, elbows, gate valves and reducers. Size, location and installation of thrust blocks or joint restraints shall be in accordance with the manufacturer’s installation manual and the Construc- tion Details. The Contractor shall be responsible for ensuring the stabilization of all fittings and valves in the piping system. (5) Backfill of trenches shall be accomplished in no less than three (3) layers of material and shall provide a minimum of 90% compaction. Each layer shall be compacted prior to the next layer of backfill. Backfill material shall be free of rocks, large clumps of dirt, and abrasive materials. The initial embedment layer particle size shall not ex- ceed 1/2” (13 mm) diameter. A. Plastic pipe care: Use care in handling, loading, and storing to avoid damage. Store the pipe and fitting under cover and protect from sunlight before using. Transport in a vehicle with a bed long enough to allow the length of pipe to lay flat, so as not to be subjected to undue bending or concen- trated external load at any point. Any pipe that has been dented or damaged will not be accepted. B. Solvent weld joining: 1. Prior to installation of any solvent weld of lateral piping, the contractor will engage the services of factory representatives of the manufacturer of plastic pipe, plastic fittings, and solvent, to conduct a seminar in which all employees involved in the installation of these items, will be fully informed of the proper method of installation. 2. Verification of this seminar and its participants shall be forwarded to the Owner’s Repre- sentative prior to installation of any of the above mentioned material. C. D. Lateral pipe installation - trench 1. PVC pipe shall be installed by trenching, laying pipe, backfilling and compacting. 2. Pipe installed by trenching shall be installed as follows: a. Trench depth to be a minimum of 12 from the final finish surface to the top of the pipe for permanent installations, and 6” for temporary installations. Type of installation shall be as defined on plans and with final decision made by owner. The bottom of the trench shall be free of rocks, clods, and other sharp edged objects. b. Lower in open trench, after being assembled on the surface. Provide a firm uniform bearing for the entire length of each pipe line to prevent uneven settlement. c. Installation of pipe shall be installed in accordance with ASAE standard: ASAE 376. d. 90% compaction will be required on all backfill material. e. Lines shall be flushed thoroughly prior to installation of sprinkler heads. Mainline piping installation: 1. Installation of pipe shall be in accordance with ASAE standard: ASAE S376. 2. Concrete thrust blocking shall be installed at all tees, elbows, gate valves, and reducers. Size, location and installation of thrust blocks shall be in accordance with ASAE standard: ASAE S376. 3. Connection of lateral lines to mainlines shall be through use of tapped coupling with same size tap as lateral isolation valve. Tapped couplings shall be cast iron, ductile iron, or AC heavy duty. a Revised 02/17/2005 Contract No. 39721-3 Page 53 of 65 Pages E. 4. Mainlines shall be installed by trenching. 5. Mainline trench depth shall provide a minimum of 18” final cover over the pipe. The trench bottom shall be free of rocks, clods and other sharp objects. 6. Backfill material shall be placed in no less than three (3) layers compacted to 85%. 7. After each section of mainline has been installed and backfilled, it shall be pressure tested. Before testing, all air shall be expelled from the line. Next, all gate valves shall be tightly closed and the line shall be pumped up to 125 psi at its lowest point. The test pressure shall be maintained for a period satisfactory to owner’s representative, two (2) hours minimum. Special conditions for installation of all pipes 1. No substitutions of pipe materials will be allowed without prior approved of the City of Carlsbad municipal water district. 2. All on site pipes shall have warning tape per Carlsbad Municipal Water District rules and regulations. 3. All reclaimed water irrigation pipes shall be stenciled with the warning, “non - potable or recycled water”, color-coded (purple), and laid with warning tape and stenciling oriented toward the top of the trench. All potable water (greens water) pipes shall be installed with stenciling and blue warning tape orient towards the top of the trench. All installations shall be per the Carlsbad Municipal Water District rules and regulations. 4. When potable water lines and recycled water lines cross, the recycled line shall be installed within a protective sleeve. The sleeve shall extend IO’ from each side, from the center line of potable line for a total of 20’. 5. A IO’ horizontal separation between potable water and recycled water mains must be maintained at all times. The potable lines must be installed above the recycled line. 6. A minimum of 12 of vertical separation between utilities must be maintained at all times. F. Testing of piping. I. After the installation of each PVC sprinkler line, and installation of swing joints, the entire system shall be tested and checked for leaks. Owner’s representative and contractor shall accomplish this for each area. G. Sleeves. 1. All pipe@) and wire@) below paved surfaces or footings shall be sleeved in separate PVC Sch 40 sleeves. Sleeves below paved surfaces or footings shall be installed with a mini- mum 24” clearance below underside of pavement. a. Before paving begins, provide sleeves under sidewalks, driveways, curbs and else- b. Immediately following installation, cap both ends of sleeve with dry fitted pipe cap, or c. Replace and re-compact fill around sleeves. d. Provide visible and identifiable markers where sleeve ends are concealed. where as specified on drawings and as required to install irrigation system. several layers of duct tape. Generally, sleeving required under paving shall be installed prior to pavement installa- tion. Sleeves required below existing paving shall be installed by jacking, boring or hydraulic driving. Where any cutting or breaking of sidewalks, concrete work and/or asphalt is necessary, it shall be removed and replaced by the contractor in kind to a condition equal to or greater than that existing before removal. Permission to cut or break sidewalks, concrete and/ or asphalt shall be obtained from the owner’s repre- sentative prior to start of construction. Where piping is shown under paved areas but running parallel and adjacent to planted areas the intent of the drawings is to install the piping in the planted areas. H. Trench settlement @ Revised 0211 712005 Contract No. 39721-3 Page 54 of 65 Pages 1. If trenches settle due to incomplete compaction during the construction period, it is the contractor’s responsibility to refill all settlement with approved material. 2. If major settlement due to improper compaction has occurred within one year from completion date, it is the contractor’s responsibility to make all adjustments in pipe, sprin- kler heads, topsoil plantings, and seed, or paving, to return all areas to finish grade. This work will be completed under the original contract with no extra cost to the owner. Pipe installed under public or private roads shall be Ductile Iron unless otherwise noted on the Plan or approved by Designer. Pipe shall be installed in accordance with local codes and regulations governing road crossings. Pipe installed at bridge or stream crossings shall be Schedule 40 steel or Ductile Iron with joint restraints unless otherwise noted on the Plan or approved by Designer. Pipe on bridge crossings shall be installed with pipe supports at 5’ (I ,5 m) intervals along the bridge crossing. Pipe shall be installed underneath the bridge wherever possible. Pipe and fittings installed above ground shall be Schedule 40 galvanized steel unless otherwise noted on the Plan or approved by Designer. Piping shall be painted with rust resistant paint; light gray in color, or as otherwise required by local code or the Owner. Add the following section: 308-5.2.6 Installation of Brass Pipe. The Contractor shall cut brass piping by power hacksaw, circular cutting machine using an abrasive wheel, or hand hacksaw. No piping shall be cut with metallic wheel cutter of any description. The Contractor shall ream and remove rough edges or burrs on all pipe so that smooth and unobstructed flow is obtained, place Teflon tape, Teflon dope, or approved equal on male threads only, and tighten to prevent any leakage. The Contractor shall tighten screwed joints with tongs or wrenches. Caulking is not permitted. Add the following section: 308-5.3. Installation of Valves, Valve Boxes, and Special Equipment. Add the following: The Contractor shall install each control valve in a separate valve box with a minimum of 300 mm (12”) separation between valves and 150 mm (6”) from any fixed object or structure. I) 308-5.3.1 REMOTE CONTROL VALVES. All recycled water sprinkler control valves shall be tagged with identification tags. Tags shall be weatherproof plastic 3x4” purple in color with the words: “Warning, Recycled Water, Do Not Drink” imprinted on one side and “Aviso-Agua Impura-No Beber” on the other side. Imprinting shall be permanent and black in color. Use tag as manufactured by T. Christy Enterprises or approved equal. One tag shall be attached to each valve as follows: A. Attach to valve stem directly or with plastic tie wrap or B. Attach to solenoid wire directly or with plastic tie wrap or C. Attach to valve cover with existing valve cover bolt. Where noted on plans, install pressure regulator with gauge in separate valve box upstream of and adjacent to remote control valvehalves. 308-5.3.2 Quick Coupling Valve. Quick Coupling Valve (recycled water). Recycled water quick coupling valves shall be of a type designed for the use on recycled water distribution systems (spikes not interchangeable with potable water quick coupling spikes) per Carlsbad Municipal Water District rules and regulations. Quick coupling valves used in recycled water systems shall conform to the following: ’3 Revised 0211 712005 Contract No. 39721-3 Page 55 of 65 Pages a. Recycled water quick coupling valves used in recycled water systems shall have ACME-type threads (spikes not interchangeable with potable water quick coupling spikes) and purple colored locking covers permanently attached to the valve. b. Quick coupling valves shall be Nelson No. 7645, Hunter No. HV-IOOA-RL-NP or approved equal. Installation location for each quick coupler shall be determined by the owner or owner's representative prior to beginning installation. a. Quick coupling valve (green water) The quick coupling valves, where shown shall be standardized at all picnic areas and any other area as determined by owner. The decision of this standard shall be determined by the owner or the owner's representative before beginning installation. 308-5.3.3 Gate Valves. Install per detail. Gate valve shall be equipped with brass handwheel and stainless steel nut. 308-5.3.4 Pressure Regulator. Install in box separate from remote control valve or any other valve, and so that there is adequate room for adjustment and for viewing gauge. Set regulator pressure at pressure optimum for equipment downstream. Ensure regulator is factory set at pressure safe for equipment operation prior to loading entire system. Add the following section 308-5.3.6 Valve Boxes. The Contractor shall install no more than one valve per box. All boxes are to be marked as to the type of valve. Remote control valve boxes shall also indicate control station number. riser assemblies of sprinkler heads as detailed, where required. Add the following section: 308-5.3.8 Backflow Preventer. The Contractor shall install backflow preventer accordance with manufacturer's specifications and as directed on drawings. Exact positioning shall be verified on the site by the Engineer. Add the followina section: 0 Add the following section: 308-5.3.7 Excess-Flow Anti-Drain Valves. Excess-flow anti-drain valves shall be installed in the assembly in location and 308-5.3.9 Swhg Check Valve. Swing check valve shall be installed in the lateral line approximately where shown, as required, to prevent low-head drainage. 308-5.4.4 Sprinkler Head Adjustment. Add the following: The Contractor shall flush and adjust all irrigation heads and valves for optimum performance and to prevent overspray onto walks, roadways buildings, walls, and other structures. Install reclaimed water identification as required to all heads. 308-5.5 Automatic Control System Installation. Delete and replace with the following subsections: 308-5.5.1 Controller Power Wire. A. All controller power wire shall be of the type and size as indicated on the Plan, or as otherwise required by local code. B. All controller power wire shall be installed as indicated on the Plan, or as otherwise required by local code. ' @ Revised 02/17/2005 Contract No. 39721-3 Page 56 of 65 Pages 308-5.5.2 24- Volt Wiring. A. 24 volt control wires from controllers to VIH sprinklers or remote control valves shall be #14 UF (1,6 mm, 41 10 circular mils) copper wire for direct burial. B. 24 volt common wires from controllers to VIH sprinklers or remote control valves shall be #I2 UF (2,l mm, 6530 circular mils) copper wire for direct burial. C. Provide one low voltage control wire for each valve-in-head sprinkler or remote control valve. Low voltage sprinkler and valve control wires shall be run from each sprinkler or remote control valve location to the satellite controller location. Connections of common stations shall be made in electrical junction boxes adjacent to the satellite controller location or in the satellite controller cabinet. D. Provide one low voltage common wire connecting each sprinkler and remote control valve to the satellite controller. No common wire shall be connected to more than one satellite controller. Common wire shall be white or light gray in color. E. Splices shall be made moisture proof with 3M-DBY or approved equal sealing material. F. All 24 volt wire shall be installed from 2,500' (760 m) reels and shall be spliced only as follows: (1) Where connected to valves or sprinklers. (2) Where lateral line trench joins main line in lateral isolation valve boxes. (3) At junction box locations adjacent to satellite controllers. (4) All splices other than those at valve-in-head sprinklers shall be accessible in a junction box. G. Minimum depth of cover for all 24-volt wire shall be as indicated on the Plan. Wiring may be installed by a suitable trenchless installation, but wire must not be pulled through the ground. A machine with a rack for wire reels and a blade with a wire chute should be used to lay wire into ground. This method should be used only where soil conditions permit installation without damaging, wire. This method may not be used if trenching is specifically called for on the Plan. H. 24-volt wire shall be run with or be in a common trench with pipe (lateral or main). The only exception is to get from the controller to the pipe line location. I. A 2 foot (60 cm) expansion loop shall be provided at each sprinkler. Expansion loop and splice shall be buried immediately below the pilotkolenoid side of the sprinkler. 308-5.5.3 Communications Wire A. Communications wire between the central controller and the satellite controllers shall be of size and type indicated on the Plan, and shall conform to the controller manufacturer's specifications and installation guidelines. B. Communications wire from the weather station to the central computer location shall be of size and type indicated on the plans, and shall conform to the controller manufacturer's specifications and installation guidelines. a Revised 02/17/2005 Contract No. 39721-3 Page 57 of 65 Pages C. All splices in communications wire shall conform to the irrigation controller manufacturer‘s specifications and installation guidelines. 308-5.5.4 Trench Markers. (Constant Pressure Recycled Water Pipelines). Add the following subsection: Warning tapes shall be installed directly on top of the pipe longitudinally and shall be centered. The warning tape shall be installed continuously for the entire length of the pipe and shall be fastened to each pipe length by plastic tape banded around the pipe with fasteners no more than 5 feet apart. Taping attached to the sections of pipe before laying in the trench shall have flaps sufficient for continuous coverage. All risers between the mainline and control valves shall be installed with warning tape. A second warning tape running continuously above piping to be installed 12 inches above reclaimed water line. 308-5.5.5 Controller Charts. Add the following section: The Contractor shall prepare record drawings which shall be submitted to the owner’s representative for approval by the owner‘s representative before charts are prepared. The contractor shall provide one controller chart of the maximum size the controller door will allow, for each controller supplied, showing the area covered by that automatic controller. The chart shall be a reduction of the actual record system drawing with a legend to explain all symbols. If the controller sequence is not legible when the drawing is reduced, the contractor shall enlarge it to a size that will be readable when reduced. The contractor shall photocopy the chart, then with a pastel transparent color, show area of coverage for each station. When completed and approved, the contractor shall hermetically seal the chart between two pieces of plastic, each piece being a minimum 20 mils thick. The Contractor shall complete the charts and obtain the owner’s representative’s approval prior to final inspection of the irrigation system. 308-5.6.2 Pipeline Pressure Test. Delete and Replace with the Following: Leakage tests on main line pipe shall be conducted in accordance with the following parameters. Tests shall be performed on each section of main line between gate valves as soon as the section is completed. The purpose of a leakage test is to establish that the section of line to be tested, including all joints, fittings and other appurtenances, will not leak or that leakage is within the limits of the applicable leakage allowance. Normal operating pressure is usually applied for tests. This should be maintained as constant as possible throughout the period of test. Measurement of the amount of additional water pumped in during test provides a measurement of the amount of leakage, if any. In setting up a section of line for test, an air relief valve should be provided. Air trapped in the line during test will affect test results. A two hour test is recommended and the leakage allowable shall be determined by the formula: NDJP L= where; 7400 L is the allowable leakage, in gallons per hour N is the number of joints in the length of pipeline tested D is the nominal diameter of the pipe in inches P is the average test pressure during the test in pounds per square inch gauge. Leakage values determined by the above formula are shown in the table below. @ Revised OZl7/2005 Contract No. 39721-3 Page 58 of 65 Pages 16 I .76 (2.88) I 1.08 (4.09) I 1.32 (5.00) I 1.53 (5.79) I 1.71 (6.47) I 20 24 18 I .86 (3.26) I 1.22(4.62) I 1.49(5.64) 1 1.72 (6.51) I 1.92 (7.27) .96 (3.63) 1.35 (5.11) 1.66 (6.28) 1.91 (7.23) 2.14 (8.10) 1 .I 5 (4.35) 1.62 (6.13) 1.99 (7.53) 2.29 (8.67) 2.56 (9.69) If leakage exceeds the value listed in the table, the leak must be found and repaired and a new test performed. Consideration should be given to any valves isolating the test section. Many water works, valves are not designed for leakproof operation. Leakage through these valves can distort actual leakage figures. 308-5.6.3 Sprinkler Coverage Test. Add the following: This test shall be accomplished before any ground cover is planted. 308-5.6.5 Inspections Of The Irrigation System. Add the following: A. The owner’s representative will make the following inspections during construction: 1. Leakage test for piping system. 2. Inspection for trench settlement or raising and for proper grade of sprinkler heads and valve boxes upon completion of installation. 3. Inspection for proper repair of installation damage to blacktop, concrete, grades, land- scaping, etc., Upon completion of installation. 4. Test of automatic operation of all equipment. All equipment must operate satisfactorily for fifteen (1 5) days after completion of installation before final acceptance. Contractor shall conduct a cross connection test and coverage test as directed by the Carlsbad Municipal Water District Engineer or the San Diego County Department of Envi- ronmental Health Services prior to any use of recycled water. City of Carlsbad inspection procedures 0 B. C. 1. 2. City construction inspection shall include: a. Location of pipe lines b. Trench depths c. Required separation (horizontally and vertically). d. Pipe identification e. Points of connection (POCs) f. Location and identification of sprinkler heads g. Warning signs at the site and on the trucks hauling recycled water (if recycled used for construction) An approval letter regarding the inspection of the project shall be obtained from water is the City and the District, andbe foharded to the county health department prior to final inspec- tion approval. District final inspection shall include: a. Coverage test, after completion of the sprinkler system, to determine the adequacy of coverage on the approved use area and protection of areas not approved for receiv- ing recycled water. b. Warning signs and labels. @ Revised 02/17/2005 Contract No. 39721-3 Page 59 of 65 Pages c. Quick coupling valves. d. All aspects of the irrigation conditions, including wind blown spray, runoff and ponding. e. Required protection of all residential areas. f. Required protection of well, streams, reservoirs, etc. g. Cross-connection. a. A complete inspection which should cover parts "A", "B", and "G" of the District final inspection. 3. Annual inspection shall include: Add new subsection: 308-5.6.6 Wire Testing. All wiring shall be tested for continuity, open circuits, and unintentional grounds prior to connecting to equipment. The minimum insulation resistance to ground shall be fw (50) megaohms. Any wiring not meeting this requirement shall be replaced, at the contractor's expense. 308-6 MAINTENANCE AND PLANT ESTABLISHMENT. Add the following: The Maintenance Period begins on the first day after all landscape and irrigation work on this project is complete, checked, accepted and written approval from the Golf Course Architect is given to begin the Maintenance Period, and shall continue thereafter for no less than sixty (60) continuous calendar days. The Contractor or his authorized representative shall be on the site at the time of each site observation visit by the Golf Course Architect. The Contractor shall continuously maintain all involved areas of the Contract during the progress of the work and during the Maintenance Period until the Final Acceptance of the work. Regular planting maintenance operations shall begin immediately after each plant is planted. Plants shall be kept in a healthy, growing condition and in a visually pleasing appearance by watering, pruning, trimming, edging, fertilizing, restaking, pest and disease controlling, spraying, weeding, cleaning-up and any other necessary operation of maintenance. Landscape areas shall be kept free of weeds, noxious grass, and all other undesired vegetative growth and debris. All plants found to be dead or in an impaired condition shall be replaced immediately. The Contract completion date of the Contract Maintenance Period will be extended, when in the opinion of the Golf Course Architect, improper maintenance and/or possible poor or unhealthy condition of planted material are evident at the termination of the scheduled Maintenance Period. The contractor shall be responsible for additional maintenance of the work at no change in Contract price until all of the work is completed and acceptable. The Contractor shall be responsible for maintaining adequate protection of the areas. Damaged areas shall be repaired immediately at the Contractor's expense. For hydroseeded areas, median planting and mitigation area, The Contractor shall maintain said areas for period of no less than 120 days or until final acceptance of the project, whichever is the greater. Mowing is not required for hydroseeded areas. The Contractor shall provide complete landscape maintenance of all planted areas. The work shall include, but not be limited to, watering, litter control, weed control, stake repair, cultivating, supplementary fertilization, repair of irrigation systems, and control of diseases and pests. The Contractor shall submit a written plan to control weeds, disease, and pest infestations in the planting areas. The submittal shall conform to the requirements for shop drawings as specified in section 2-5.3 et seq. of the specifications. The Engineer shall approve all methods and materials for such control. Upon approval, the Contractor shall implement the control measures, exercising extreme caution in using pesticides and taking all steps to ensure the safety of the public. Only licensed personnel will be permitted to perform toxic spraying '3 Revised 02/17/2005 Contract No. 39721-3 Page 60 of 65 Pages work. During the plant establishment period, the Contractor shall furnish sufficient workers and equipment on a daily basis to perform the work required by this section. Any day when the Contractor fails to adequately cany out specified maintenance work, as determined necessary by the Engineer, will not be credited as one of the plant establishment days. All planting areas which are damaged by construction shall be repaired by the Contractor within twenty (20) days following completion of construction of such. The Contractor shall repair such damaged areas. The repair shall consist of bringing the damaged area back to final grade, preparing the soil, replanting the area with the same vegetation as originally specified, and maintaining the area to achieve acceptable plant establishment. 0 The Contractor shall provide temporary irrigation for hydroseeded areas for a minimum of 120 days to ensure adequate plant establishment. Towards the end of the maintenance period, the Contractor shall gradually reduce the amount of irrigation to allow plant adaptation to non-irrigated conditions. Upon the approval of the engineer, the temporary irrigation system shall be shut off at the end of the maintenance period. The hydroseeded areas must have their growth of 80% established and the coverage must be evenly successful over the entire hydroseeded area and adequate to prevent erosion no less than 30 days before the end of the maintenance period. Should the coverage not be achieved the maintenance period shall be extended until the required coverage is achieved plus an additional 30 day period. The Contractor shall call for a final inspection 30 days before the end of the maintenance period and at the end of the maintenance period. Failure to pass inspection will result in an extension of the maintenance period. The Contractor shall continue to provide maintenance for such time necessary to obtain conformance to the specifications. 308-7 GUARANTEE. Add following: The Contractor shall guarantee all 600 mm (24") box trees installed under the contract to live and grow for one year from the day of final acceptance of the contract work. The Contractor shall guarantee all other plant material, including ground covers to live and grow for a period of 30 days from the last day of the maintenance period or final acceptance of the contract work, whichever is the later. The Contractor shall replace, at its expense, all plant material found to be dead, missing, or in poor condition during the maintenance period within 5 days of discovery of such plant material. The Engineer shall be the sole judge as to the condition of the plant material. Plant material found to be dead or in poor condition within the guarantee period shall be replaced by the Contractor, at its expense, within 15 days of written notification. Replacements shall be made to the same specifications required for the original plantings. The Contractor shall submit written vegetation, planting and irrigation guarantee in approved form that all work showing defects in materials or workmanship will be repaired or replaced at no cost to the Engineer for a period of one year from the date of acceptance by the Engineer. The Guarantee form shall be retyped on the Contractor's letterhead and contain the following verbiage: "Guarantee For Vegetation, Planting and Irrigation System For Carlsbad Municipal Golf Course" We hereby guarantee that the vegetation, planting and irrigation system we have furnished and installed for (project name) is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defect in vegetation, material or workmanship, including that due to ordinary wear and tear, which may develop during the periods specified in section 308-7 of the Standard Specifications and the Special Provisions of said project from date of completion of the Work or termination of any maintenance period, whichever is the later, and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the Agency. This guarantee does not extend to unusual abuse or neglect that may occur subsequent to the date of completion of the Work or termination of any maintenance period, whichever is the later. We shall make such repairs or replacements within a reasonable time, as determined by the Engineer, after receipt of written notice. In the event of failure to make such repairs or replacements within a I) @ Revised 02/17/2OO5 Contract No. 39721-3 Page 61 of 65 Pages reasonable time affer receipt of written notice from the Engineer, we authorize the Engineer to proceed to have said repairs or replacements made at our expense, and we will pay the costs and charges therefore upon demand. Project: (Project Name) Location: (Legal Description of Project Property) Name of Contractor: Address: (Of Contractor) Telephone: (Of Contractor) By: (Typed or printed names of signing Officer@) of the Contractor authorized to bind the Contractor in legal matters) Title: (Of said oficer(s)) Signature(s) Date of Execution:" Add the following section: 308-7.1 Record Drawings. In addition to the requirements of section 2-5.4, herein, the Contractor shall prepare record drawings that show all changes in the work constituting departures from the original contract drawings, including those involving both constant-pressure and intermittent-pressure lines and appurtenances. The Contractor shall accurately record, on a daily basis, on one set of blue line prints of the irrigation drawings, all changes in work constituting departures from the original contract drawings, including changes in both pressure and nonpressure line. The Contractor shall post information on record drawings no later than the next working day after the work is installed. The Contractor shall record changes and dimensions in a legible and professional manner. When the drawings are approved by the Engineer the Contractor shall transfer all information to a set of reproducible photo mylar drawings. Items required to be shown shall be dimensioned by the Contractor from two permanent points of reference (buildings, monuments, sidewalks, curbs, pavement). The accuracy of location of all items to be shown on the drawings shall be 150 mm (6") in both the vertical and horizontal planes. All text and numerals placed on drawings shall be 0.30 mm ('Is") in size. Facilities and items to be located in their horizontal and vertical positions and shown on the record drawings include all: a) b) c) Backflow preventors d) e) Irrigation control valves. 9 Quick coupler valves g) Routing of service wires h) Routing of control wires i) Electrical service equipment j) Electrical junction boxes k) Irrigation controllers I) Sleeves for future connections m) Other equipment of a similar nature (as directed by the Engineer). Point(s) of connection, for water and electrical services Routing of irrigation pressure mainlines Ball, gate and check valves The Contractor shall keep the blue print drawings available for the Engineer's inspection at any time. The Contractor shall make all changes to reproducible drawings in waterproof black ink (no ball point pen). Changes in dimensions shall be recorded in a legible and professional manner. Record construction drawings shall be maintained at the job site during construction. The Contractor shall provide one set of mylar "record" drawings to the Engineer after submitting blue-line prints of the proposed "record" drawings for, and obtaining their approval by, the Engineer. Add the following section: 308-7.2 Operation and Maintenance Manuals. The Contractor shall prepare and deliver to the e Revised 0211 712005 Contract No. 39721-3 Page 62 of 65 Pages Engineer, within 10 calendar days prior to completion of construction, all required and necessary descriptive material in complete detail and sufficient quantity, properly prepared in four individual bound copies. The descriptive material shall describe the material installed in sufficient detail to permit qualified operating personnel to understand, operate, and maintain all equipment. The Contractor shall include spare parts list and related manufacturer information for each equipment item installed. Each manual shall include the following: a) Index sheet stating Contractor's address and telephone number. b) Duration of Guarantee period. c) List of equipment, with names and addresses of manufacturer's local representative. d) Complete operating and maintenance instructions on all major equipment. e) In addition to the maintenance manuals, the Contractor shall provide the agency maintenance personnel with instructions for major equipment, and show written evidence to the Engineer at the conclusion of the work that this service has been rendered. 0 Add the following section: 308-7.3 Check List. The Contractor shall complete and forward signed and dated checklist to the Engineer before final acceptance of project. the following checklist at the end of the project, using the format shown: a) Plumbing permits (if none required, so note) b) Materials approval c) Pressure mainline test (by whom, and date) d) Record drawings completed (received by, and date) e) Controller chart completed (received by, and date) 9 Materials furnished (received by, and date) g) Operation and maintenance manuals furnished (received by, and date) h) System and equipment operation instructions (received by, and date) i) Manufacturer warranties (received by, and date) j) Written guarantee by Contractor (received by, and date) 308-8 MEASUREMENT AND PAYMENT. Add the following: The lump-sum or unit prices set forth in the contract documents shall include, but not be limited to, full compensation for furnishing all labor, materials, tools, and equipment and performing all work necessary to complete, maintain, and guarantee the planting and irrigation work described or specified in the contract documents, including soils testing and recommended soil amendments, seed and hydroseed slurry, tree stakes, bark mulch, erosion control matting, plant materials, temporary irrigation and permanent irrigation, including reduced-pressure back-flow preventer, ball valves, drip valve assembly, electric control valves, quick couplers, control wires, pull boxes, valve boxes, all piping and sleeves, electrical conduits, irrigation heads, drip emitters, bubblers, drip irrigation equipment, connection from electrical service to irrigation electrical meter, connection from meter to irrigation controller(s), installation of controller enclosure, concrete pads, preparation, correction, reproduction and lamination of "as-built" drawings, controller charts, assembly and submittal of the check list and operation and maintenance manuals and all appurtenances to the aforementioned items, as well as 120 days' maintenance and project guarantees. After completion of the project, the Engineer will retain up to 10% of the total contract amount and will subsequently disburse the retained amount to the Contractor upon completion of the punch-list work. The Engineer reserves the right to withhold payment until all punch list submitted to the Contractor are completed. SECTION 310 - PAINTING 310-5 PAINTING VARIOUS SURFACES. 310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision '3 Revised 02/17/2005 Contract No. 39721-3 Page 63 of 65 Pages necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Plans, or for approved temporary detours essential for safe control of traffic through and around the construction site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings. 31 0-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Manual, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm (I/*”) in 3 m (IO’) when measured parallel to the centerline of the street or more than 6 mm (‘/qn) in 3 m (10’) when measured perpendicular to the centerline of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. 31 0-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans by wet grinding methods. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity waterjet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.10’) thick asphalt concrete overlay is not permitted. 310-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contractor shall establish the necessary control points for all required pavement striping and markings by surveying methods. No layout of traffic striping shall be performed by the Contractor before establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than 80mm per 100m (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight stripes deviating more than 80mm per 1OOmm (1/ 2 inch in 50 feet) by wet grinding, and then correcting the markings. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the work progresses. 310-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer. The Contractor shall paint the ends of each median nose yellow. Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. 310-5.6.10 Measurement and Payment. Modify the first paragraph as follows: Final and temporary traffic striping, curb markings and pavement markings as shown on the plans and required by the specifications shall be included in the lump-sum price bid for temporary and final traffic striping, and no additional compensation will be allowed therefore. Reapplication of temporary stripes and markings shall be repainted at the Contractor’s expense, and no additional compensation will be e Revised 02/17/2005 Contract No. 39721-3 Page 64 of 65 Pages allowed therefore. The lump sum prices bid and shall include all labor, tools, equipment. materials. and incidentals for doing all'work in installing the final and temporary traffic striping.' Add the following Section: 310-7 PERMANENT SIGNING Add the following Section: 31 0-7.1 General. Add the following section: The Contractor shall provide and install all permanent traffic control signs at locations shown on plans and as specified herein. Add the following section: 31 0-7.2 Measurement And Payment. Permanent signing and appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for permanent signing and payment therefore shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in supplying and installing permanent signing and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. e Revised 02/17/2005 Contract No. 39721-3 Page 65 of 65 Pages SECTION 02721 - LANDSCAPE DRAINAGE SYSTEM PART1 - GENERAL 1.01 A. B. 1.02 A. 1.03 A. PART 2 - 2.01 A. B. C. D. GENERAL CONDITIONS: The General Conditions, and Special Conditions are a part of this section and the Contract for this work and apply to this section as fully as if repeated herein. The term ‘Owner’ shall mean The State of California. SUMMARY: This work includes all services, labor, materials, transportation and equipment necessary to perform the landscape drainage work as shown and noted on the drawings and/or specified herein. SUBMITTALS : Contractor shall submit a complete list of all drainage materials to be used a minimum of six (6) weeks prior to delivery. PRODUCTS MATERIALS: Solid Drain Pipe - Smoothwall: Pipe shall be manufactured from high density polyethylene resin conforming to ASTM D-3350. Drain Pipe Fittings: Fittings shall be styrene conforming to ASTM D- 2852, compatible with pipe used. Preformed Drain Pipe: Pipe shall be high density polyethylene resin conforming to ASTM D-3350 or a highly chemical resistant, rigid, unplasticized PVC resin conforming to ASTM D 175-85 and D-2241. Pipe shall be shop perforated and shall have a filter mat cover of non- woven needle punctured, polyethylene equivalent. Pipe Bedding: Bedding material shall be compacted, coarse clean sand, 3/16-inch maximum gradation for solid pipe. Perforated pipe bedding shall be graded to size pea gravel (1/4” - 1/27. CARLSBAD GOLF COURSE CLUBHOUSE LANDSCAPE DRAINAGE SYSTEM 02721- 1 E. F. G. PART 3 - 3.01 A. B. C. D. E. F. G. Atrium Drain: (In Landscape Planter). Atrium drain shall be in a 6 inch round plastic atrium grate with low profile adapter color black. Atrium grate and adapter shall be equivalent to National Diversified Sales (800) 233-2509. Tree Drain Inlet: Tree drain inlet shall be 3” diameter plastic atrium grate; color black. Inlets shall be equivalent to National Diversified Sales (800) 23 3 -2509. Drainage Mat (Over Waterproofing): MiraDRI by “MiraDRArN”. A self- adhering prefabricated drainage core/fabric abutting concrete masonry walls. EXECUTION INS TALL ATION: Bedding: Solid and perforated pipe shall be laid on 4” minimum bedding material with finished bottoms, without blocks. Cover solid pipe with bedding material to 4” over top of pipe. Cover perforated pipe with 4” minimum pea gravel over top of pipe. Pipe: accordance with manufacturer’s published directions. Install pipe to line and grade indicated on the drawings, in Trenching: Comply with Section 028 10, Irrigation. Drain Inlets and Grates: Install parallel to walks and walls, and in accordance with the manufacturer’s published directions. Invert Elevations shall be accurate within 1/10 of a foot. Rim elevations shall be at finish grade. Backfill: Comply with Section 028 10, Irrigation. Connections to Storm Drainage Systems: Make connections to storm drainage lines complete without damage to existing lines or structures. Conduct work so that there is a minimum interruption of service on existing lines. Install Drainage Mat as per manufacturer’s detail and specifications. 3.02 TESTING: A. Test all lines to insure positive drainage flow and to determine any leakage in lines. CARLSBAD GOLF COURSE CLUBHOUSE LANDSCAPE DRAINAGE SYSTEM ‘ 02721- 2 B. Clean out and re-test all lines which have restricted flow of any kind. C. Repair all damaged, restricted flow, and leaking lines and connections. 3.03 RECORD DRAWINGS A. Record all work on Record Drawings prior to backfilling lines and improvements, showing piping locations and invert elevations. 3.04 PROTECTION A. Protect all inlets from entrance of foreign material and debris. , B. Protect all inlets and grates from traffic and damage. * * * END OF SECTION* * * CARLSBAD GOLF COURSE CLUBHOUSE LANDSCAPE DRAINAGE SYSTEM 0272 1 - 3 SECTION 02810 - IRRIGATION SYSTEM PART 1 - GENERAL 0 1.01 GENERAL CONDITIONS: A. The General Conditions and Special Conditions are a part of this section and the contract for this work and apply to this section as fully as if repeated herein. 1.02 SCOPE: A. The work includes all services, labor, materials, transportation and equipment necessary to perform the work as shown and/or noted on the drawings and/or as specified. '1.03 SUBMITTALS: A. Submit a list (5 copies) of all irrigation equipment to be used, manufacturer's brochures, maintenance manuals, warrantees and operating instructions, within 30 days of notice to proceed. 1. The Contractor shall furnish the articles, equipment, materials or processes specified by name in the drawings and specifications. No substitutions will be allowed without prior written approval by the Architect. 2. Complete material list shall be submitted prior to performing any work. Material list shall include the manufacturer, model number and description of all materials and equipment to be used. 3. Equipment or materials installed or furnished without prior approval of the Architect may be rejected and the Contractor required to remove such materials fiom the site at Contractor's own expense. 4. Approval of any item, alternate or substitute indicates only that the project or products apparently meet the requirements of the drawings and specifications on the basis of the information or samples submitted. CARLSBAD GOLF COURSE CLUBHOUSE IRRIGATION 0281 0-1 5. Manufacturer’s warranties shall not relieve the Contractor of Contractor’s liability under the guarantee. Such warranties shall only supplement the guarantee. 1.04 GUARANTEE: A. The Contractor shall submit written irrigation guarantee in approved form that all work showing defects in materials or workmanship will be repaired or replaced at no cost to the engineer for a period of one year fiom the date of acceptance by the engineer. The guarantee form shall be retyped on the contractor’s letterhead and contain the following verbiage: Guarantee for irrigation system for (Project Name) We hereby guarantee that the irrigation system we have furnished and installed for (Project Name) is free fiom defects in materials and workmanship. The work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defect in material or workmanship, including that due to ordinary wear and tear, which may develop during the periods specified in Section 308-7 of the standard specifications and the termination of any maintenance period, whichever is the later, and also to repair or replace any damage resulting Gom the repairing or replacing of such defects at no additional cost to the agency. This guarantee does not extend to unusual abuse or neglect that may occur subsequent to the date of completion of the work or termination of any maintenance period, whichever is the later. We shall make such repairs or replacements within a reasonable time, as determined by the engineer, after receipt of written notice. In the event of failure to make such repairs or replacements within a reasonable time after receipt of written notice from the engineer, we authorize the engineer to proceed to have said repairs or replacements made at our expense, and we will pay the costs and charges therefore upon demand. Project: project Name) Location: (Zegal Description of Project Property) Name of Contractor: Address: (Of Contractor) Telephone: (Of Contractor) By: (Typed or printed names of signing Offer(s) of the Contractor authorized to bind the Contractor in legai matters) Title: (Of said ofjcer(s)) Signature(s) : . CARLSBAD GOLF COURSE CLUBHOUSE I RR IG AT10 N 028 1 0-2 Date of Execution: 1.05 SITE OBSERVATION VISITS: A. In all cases where site observation visits of the irrigation system work are required and/or where portions of the work are specified to be performed under the direction and/or site observation of the Owner’s representative, the Contractor shall notify the Owner’s representative at least 2 working days in advance of the time such site observations and/or directions are required. B. Site observation will be required for the following parts of the work: 1. Leakage test for piping system. 2. Inspection for trench settlement or raising and for proper grade of sprinkler heads and valve boxes upon completion of installation. 3. Inspection for proper repair of installation damage to blacktop, concrete, grades, landscaping, etc., upon completion of installation. 4. Test of automatic operation of all equipment. All equipment must operate satisfactorily for fifteen (1 5) days after completion of installation before final acceptance. C. D. Contractor shall conduct a cross connection test and coverage test as directed by the Carlsbad Municipal Water District Engineer or the San Diego County Department of Environmental Health Services prior to any use of recycled water. Coverage test shall take place prior to planting. City of Carlsbad inspection procedures 1. City construction inspection shall include: a. Location of pipe lines b. Trench Depths c. d. Pipe identification e. Points of connection (P.O.C.’S) f. Required separation (Horizontally and Vertically) Location and identification of sprinkler heads CARLSBAD GOLF COURSE CLUBHOUSE I IRRIGATION 028 1 0-3 g. Warning signs at the site and on the trucks hauling recycled water (If recycled water is used for construction). An approval letter regarding the inspection of the project shall be obtained fiom the City and the Water District, and be forwarded to the County Health Department prior to final inspection approval. 2. Water District inspection shall include: a. Coverage test, after completion of the sprinkler system, to determine the adequacy of coverage on the approved use area and protection of areas not approved for receiving recycled water. b. Warning signs and labels. C. Quick coupling valves. d. e. f. g. Cross-connection. All aspects of the irrigation conditions, including wind blown spray, runoff and ponding. Required protection of all residential areas. Required protection of well, streams, reservoirs, etc. 3. Annual inspection shall include a complete inspection which should cover parts “a”, “b” and “g” of the Water District final inspection. 1.06 TESTING: A. All PVC mains shall be subjected to a pressure test of 125 PSI for a time period of no less than 2 hours (duration to be approved by Owner’s representative) and shall be watertight. All remote control valves, quick coupling valves and shut-off valves shall be installed prior to testing. All testing shall be in the presence of the Owner’s representative unless otherwise authorized. If leaks develop, replace joints and/or pipe and repeat test until entire system is proven watertight. B. All installed irrigation control wiring shall be visually observed exposed in open trenches by the Owner’s representative. C. Approval shall be received before backfilling any trench. Do not cover any lines and wires until they have been checked and approved. CARLSBAD GOLF COURSE CLUBHOUSE IRRIGATION 028 1 0-4 1.07 RECORD DRAWINGS: A. Before final acceptance of work and prior to preparing Controller Charts, the Contractor shall provide a record set of drawings showing the irrigation system work. Information shall be on sepia mylar transparencies for reproduction purposes. Lettering shall be 1 /4" height, minimum. All items changedrelocated from original drawings shall be so indicated with the same symbol in the new location, the original symbol erased. All noteskallouts pertaining to the item shall be directed to new location. All work shall be neat, in black ink and subject to the satisfaction of the Owner's representative. B. All valves shall be numbered by station and corresponding numbers shall be shown on the record drawings. C. All remote control valves, shut-off valves, irrigation sleeves, spare wire stub-out locations, pull boxes, mainline, (potable greens water and recycled water), piping in or on structure, and quick coupling valves shall be located by two measured dimensions, to the nearest one-half foot, Dimensions shall be given from permanent objects such as buildings, sidewalks, curbs, walls, structures and driveways. D. The Contractor shall provide one controller chart of the maximum size the controller door will allow, for each controller supplied, showing the area covered by that automatic controller. The chart shall be a reduction of the actual record system drawing with a legend to explain all symbols. If the controller sequence is not legible when the drawing is reduced, the Contractor shall enlarge it to a size that will be readable when reduced. The Contractor shall photocopy the chart, with a pastel transparent color used to show area of coverage for each station. When completed and approved, the Contractor shall hermetically seal the chart between two pieces of plastic, each piece being a minimum 20 mils thick. The Contractor shall complete the charts and obtain the Owner's representative's approval prior to final inspection of the irrigation system. CARLSBAD GOLF COURSE CLUBHOUSE I RRlG ATION 028 1 0-5 1 .OS OPERATION AND MAINTENANCE MANUALS: A. The Contractor shall prepare and deliver to the Owner’s representative within 10 calendar days prior to completion of construction, all required and necessary descriptive material in complete detail and sufficient quantity, properly prepared in four individual bound copies. The descriptive material shall describe the material installed in sufficient detail to permit qualified operating personnel to understand, operate, and maintain all equipment. The Contractor shall include spare parts list and related manufacturer information for each equipment item installed. Each manual shall include the following: 1. Index sheet stating Contractor’s address and telephone number. 2. Duration of guarantee period. 3. List of equipment, with names and addresses of manufacturer’s local representatives. 4. Complete operation and maintenance instructions on all . major equipment. 5. In addition to the maintenance manuals, the Contractor shall provide the Agency maintenance personnel with instructions for major equipment, and show written evidence to the Owner at the conclusion of the work that this service has been rendered. Project record drawings shall be reviewed by the Owner before controller charts are prepared. 1.09 GENERAL REQUIREMENTS: A. Code requirements shall be those of State and Municipal Codes and Regulations locally governing this work, providing that any requirements of the Drawings and Specifications, not conflicting therewith, but exceeding the Code Requirements, shall govern unless written permission to the contrary is granted by the Owner’s representative. CARLSBAD GOLF COURSE CLUBHOUSE I R R I G AT I ON 028 10-6 B. The reclaimed water irrigation system shall be installed and maintained per the Carlsbad Municipal Water District “Carlsbad Recycled “Rules and Regulations for Construction of Recycled Water Mains”, dated October 1993. Provide installing and maintenance personnel with instruction of these Rules and Regulations prior to starting any work. Provide written verification to the Owner’s representative that this has been done, prior to start of work. C. Extreme care shall be exercised at all times by the Contractor in excavating and working in the project area due to existing utilities. Contractor shall be fully responsible for expenses incurred in the repair of damages caused by Contractor’s operation. D. Plan locations of heads, valves, controller(s) and pipe lines are diagrammatic and indicate the spacing and relative locations of all installations. Final locations shall be determined by final site conditions and plantings. E. The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that obstructions, grade differences or discrepancies in area dimensions exist that might not have been considered in engineering. Such obstructions or differences should be brought to the attention of the Owner’s authorized representative. In the event this notification is not performed, the Contractor shall assume full responsibility for any revision necessary. F. Work of this Section which is allied with work of other trades shall be coordinated as necessary. G. Trenches for irrigation pressure lines shall be excavated wide enough to allow a minimum of four inches between parallel pipe lines and eight (8) inches from lines of other trades (other than potable water). Lines shall not be installed parallel and directly over one another. Maintain three (3) inches vertical clearance between crossing irrigation lines; minimum transverse angle is forty-five (45) degrees. H. Point of connection shall be approximately as shown on drawings. Connect new underground piping and valves and provide all flanges, adapters and other necessary fittings for connection. CARLSBAD GOLF COURSE CLUBHOUSE I R RI GAT1 ON 028 1 0-7 I. Permission to shut off any existing in-use water line must be obtained 48 hours in advance, in writing from the Owner. The Contractor shall receive instructions from the Owner as to the exact length of time of each shut-off. J. Contractor shall acquaint himselfherself with all site conditions and proposed site conditions as indicated on the plans and specifications. PART 2 - PRODUCTS 2.01 STANDARD PRODUCTS: A. Materials hished under this specification shall be standard products of manufacturers regularly engaged in the production of such materials, and shall be the manufacturers’ latest standard design that complies with the specification requirements. 2.02 POLYVINYL CHLORIDE PIPE AND FITTINGS: A. All buried piping in the reclaimed water system shall be installed with warning tape identifying it as reclaimed water with the exception of intermittent pressure lines. Intermittent pressure lines (lines on the downstream side of a controller valve that will not be subject to constant pressure) may be excepted as long as it is apparent, due to line size and location as determined solely by the Water District Engineer or Inspector, that the lines are part of a reclaimed water sprinkler irrigation system. Stenciled pipe, as specified below, will be accepted in conjunction with warning tape. 1. Pressure mainline piping for sizes 3” and smaller shall be PVC SCH 40, and shall be purple. 2. Pipe shall be made from an NSF approved Type 1, Grade 1, PVC compound conforming to ASTM Resin Specifications “D1784”. All pipe must meet requirements as set forth in Federal Specifications PS-22-70, with an Appropriate Standard Dimension (S.D.R) - (Solvent Weld Pipe). 3. Pipe shall be made from NSF approved Type 1, Grade 1, PVC compound conforming to the ASTM Resin Specifications “D 1785”. All pipe must meet requirements CARLSBAD GOLF COURSE CLUBHOUSE I R R I GAT1 0 N 028 1 0-8 as set forth in Federal Specifications PS-2 1-70. 4. PVC solvent-weld and threaded fittings shall be of the following of type schedules: 1-2, 1 1 - 1 NSF approved conforming to ASTM Test Procedure D2466. SCH 80 straight socket type for upstream all valves, SCH 40 downstream remote control valves. 5. Solvent cement and primer for PVC solvent weld pipe and fittings shall be of type and installation methods prescribed by the manufacturer. 6. All PVC pipe must bear the following markings: a. Manufacturer’s Name b. Nominal Pipe Size C. Schedule or Class d. Pressure Rating in P.S.I. e. f. Date of Extrusion NSF (National Sanitation Foundation) Approval 7. All fittings shall bear the manufacturer’s name of trademai-k, material designation, size, applicable I.P.S. Schedule and NSF Seal of Approval. 8. All pipe shall have stenciling appearing on both sides of the pipe with the marking “RECLAIMED WATER’ in 578’’ letters repeated every 12 inches. B. PVC non-pressure lateral line piping: 1. Non-pressure buried lateral piping shall be PVC SCH 40 with solvent-weld joints, and shall be purple. 2. Pipe shall be made from NSF approved, Type 1, Grade 2 PVC compound conforming to ASTM Specifications “D 1 784”. All pipe must meet requirements set forth in Federal Specification PS-22-70 with an appropriate Standard Dimension Ratio. 3. Except as noted in Paragraphs 1 and 2 of Section A, all requirements for non-pressure lateral line pipe and fittings shall be the same as for solvent-weld pressure mainline pipe and fittings as set forth in Section A of these CARLSBAD GOLF COURSE CLUBHOUSE I R R I GAT10 N 0281 0-9 specifications, (Primer not required). C. Potable Water Piping (Greens Water): All PVC potable water piping installed within the same project limits as the reclaimed water piping shall be installed in accordance with the Uniform Plumbing Code and all other local governing codes, rules and regulations. The pipe shall be continuously and permanently marked with the manufacturer’s name or trademark, nominal size, and schedule or class indicating the pressure rating. In addition, all PVC potable water piping shall be blue or shall be white with blue stenciling appearing on both sides of the pipe with the marking “POTABLE WATER’ in 5/8” inch letters repeated every 12 inches, and blue tape identifymg it as a potable water line and stating “CAUTION: WATER LPJE BURIED BELOW”. D. All Plastic pipe shall conform to Commercial Standards CS256-63. 2.03 BRASS PIPE: A. Brass pipe shall be IPS Standard weight 125 pounds, 85% red brass. 2.04 COPPER PIPE: A. Copper pipe shall be Type K hard copper. 2.05 FITTINGS AND CONNECTIONS: A. Copper Pipe Fittings and Connections: Type K hard copper. B. Brass Pipe Fittings and Connections: Standard 125 pound class 85% red brass fittings and connections, IPS threaded. C. Flexible risers shall be of line size IPS, PVC plastic threaded adapters securely held to approximately 4.6” long synthetic rubber or flex-vinyl hose shanks, 85 pound minimum. King Bros., Excalibre or equal. D. Polyvinyl Chloride Schedule 80 Risers and Nipples: Type 1, Grade 1 , Schedule 80, high impact molded, manufactured from virgin compounds as specified for piping and conforming to ASTM D- 2464. Threaded ends shall be molded threads only. Machined threads are not acceptable. Minimum length shall be 3”. CARLSBAD GOLF COURSE CLUBHOUSE I R R I GAT I ON 028 1 0-1 0 E. Polyvinyl Chloride swing joints assemblies: All swing joints shall be as specified in the irrigation details. 2.06.1 WARNING TAPE FOR RECLAIMED WATER: The plastic warning tape shall be prepared with silver printing on a purple field having the words, “CAUTION: RECLAIMED WATER LINE BELOW”. The overall width shall be 3 inches. Warning (caution) tape shall be as manufactured by Thor Enterprises, Inc., P.O. Box 450 Sun Prairie, Wisconsin, 53590, (Phone: (608) 837-7197). 2.07 SOLVENT CEMENTS AND THREAD LUBFUCANT: A. Solvent cements shall comply with ASTM D2564. Socket joints shall be made per recommended procedures for joining PVC plastic pipe and fittings with PVC solvent cement by the pipe and fitting manufacturer and procedures outlined in the Appendix of ASTM D2564. B. Thread lubricant shall be 100% virgin liquid teflon, or approved ‘ equal, suitable for threaded installations as per manufacturer’s recommendations. 0 2.08 AUTOMATIC CONTROL WIRE AND WIRE SPLICE CONNECTOR: A. The Contractor shall refer to golf course irrigation specification below, except as modified by golf course irrigation consultant. Wire colors shall match colors expressly used for each controller tied into. 1. All electrical control common wire shall be irrigation control cable of Type “UF” 600 volt, solid copper, single conductor wire with PVC insulation, and bear UL approval for direct underground burial feeder cable. 2. Insulation shall be a minimum 4/64” thick covering of ICC-100 compound for positive waterproofing protection. Each satellite controller shall have an individual control wire to respective valves. Control and common wires for each satellite controller shall be colored as follows: CARLSBAD GOLF COURSE CLUBHOUSE I R R I GAT1 0 N 028 1 0-1 1 Alternate color groupings with controllers throughout course. Grows A & C: #12 Common - Green #14 Control - Red Groups B & D: # 12 Common - Blue ## 14 Control - Orange 3. Connections to be 3M DBY Direct Bury splice kit. 2.09 CONTROL VALVE: A. Remote control valves shall be as specified in the irrigation legend. 2.10 VALVE BOX: A. All reclaimed water system valve boxes shall be commercial grade, lavender colored valve boxes. All potable water (Greens Water) system valve boxes shall be the same in all regards except green in color. B. 10” x 10 ?4” round box for all gate valves, Carson Industries #910- 12B with purple bolt down cover or approved equal. Extension sleeve shall be PVC-6” minimum size. C. 9 ?4” x 16” x 1 1” rectangular box for all air and pressure release valves, pressure regulators, pull boxes and control valves, Carson Industries 14129-12B with purple bolt down cover or approved equal. 2.1 1 SPRINKLER HEAD: A. All sprinkler heads shall be of the same size, type and deliver the same rate of precipitation with diameter (or radius) of throw pressure, and discharge as shown on the plans andor specified in these special provisions. . B. A fine granular material backfill will be initially placed on all lines. No foreign matter larger than one-half (1/2) inch size will be permitted in the initial backfill. C. If settlement occurs and subsequent adjustments in pipe, valves, sprinkler heads, lawn, planting, or other construction is necessary, the Contractor shall make all required adjustments without cost to the Owner. CARLSBAD GOLF COURSE CLUBHOUSE IRRIGATION 0281 0-12