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Home My WebLink AboutErrecas Inc; 2002-01-02; 3190CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS FOR c- RANCH0 SANTE FE ROAD NORTH, PH.ASE 1 (CLEARING) CONTRACT NO. 3190 C ‘3 06111199 Contra2 No. 3190 Page 1 of 100 Pages - - - - - - - 06/l 1199 Contract No. 3190 Page 2 of 100 Pages TABLE OF CONTENTS .f - - -- - - -- -- - NOTICE JNVITING BIDS .............................................................................................................................. 5 CONTRACTOR’S PROPOSAL ................................................................................................................... 10 DBE INFORMATIOWOOD FAITH EFFORTS ................................................................................ 22 BID SECURITY FORM ................................................................................................................................ 26 BIDDER’S BOND TO ACCOMPANY PROPOSAL .................................................................................. 27 GUIDE FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS” AND “DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS ............................................... 33 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS 35 DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK. .................................................................................................................... 37 BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY ............................................................. 38 BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ........................................ 39 BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION ............................... 40 BIDDER’S STATEMENT RE DEBARMENT ............................ ..” ............................................................ 41 BIDDER’S DISCLOSURE OF DISCIPLINE RECORD ........................................................................... 42 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID44 CONTRACT PUBLIC WORKS ................................................................................................................... 45 LABOR AND MATERIALS BOND ............................................................................................................. 51 FAITHFUL PERFORMANCE/WARRANTY BOND ......... ..” ................................................................... 53 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION ..... 56 SPECIAL PROVISIONS ................................................................................................................................. 59 PART 1 GENERAL PROVISIONS ............................................................................................. 59 SECTION 1 - TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS ........ ..” ........................... 59 1-I TERMS ......................................................................................................................................... 59 1-2 DEFINITIONS .............................................................................................................................. 59 1-3 ABBREVIATIONS ..................................................................................................................... 60 SECTION 2 - SCOPE AND CONTROL OF THE WORK ........................................................................ 63 2-3 SUBCONTRACTS ...................................................................................................................... 63 2-4 CONTRACT BONDS ................................................................................................................. 63 2-5 PLANS AND SPECIFICATIONS ............................................................................................... 63 2-7 SUBSURFACE DATA.. ................................................................................................................ .65 2-9 SURVEYING .............................................................................................................................. 65 2- 10 AUTHORITY OF BOARD AND ENGINEER .......................................................................... 66 2- 12 COORDINATION WITH UTILITIES ....................................................................................... 66 SECTION 3 - CHANGES IN WORK. .......................................................................................... ..“....” ...... 67 3-2 CHANGES INITIATED BY THE AGENCY.. ............................................................................ 6’7 3-3 EXTRA WORK ............................................................................................................................ 67 3-4 CHANGED CONDITIONS .......................................................................................................... 67 3-5 DISPUTED WORK.. .................................................................................................................... 68 SECTION 4 . CONTROL OF MATERIALS ....................................................................................... ..” ... 72 4-l MATERIALS AND WORKMANSHIP ....................................................................................... 72 SECTION 5 . UTILITIES ...... ..“..“...................“................”..”.................................“...................” ............ 73 5-6 COOPERATION ......................................................................................................................... 73 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK.. ......... u.. .... w.. . .73 6-2 PROSECUTION OF WORK ........................................................................................................ 73 6-6 DELAYS AND EXTENSIONS OF TIME ................................................................................... 74 6-7 TIME OF COMPLETION ............................................................................................................ 75 6-8 COMPLETION AND ACCEPTANCE ........................................................................................ 75 6-9 LIQUIDATED DAMAGES .......................................................................................................... 75 06/l 1199 Contract No. 3190 Page 3 of 100 Pages - - - - - c- SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR ............................................................... 76 7-l CONTRACTOR’S EQUIPMENT AND FACILITIES.. ............................................................. .76 7-3 LIABILITY INSURANCE ........................................................................................................... 76 7-4 WORKERS’ COMPENSATION INSURANCE ......................................................................... .76 7-5 PERMITS ..................................................................................................................................... 76 7-8 PROJECT SITE MAlNTENANCE.. ........................................................................................... .78 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS ............................ .79 7- 10 PUBLIC CONVENIENCE AND SAFETY ............................................................................... .79 7-13 LAWS TO BE OBSERVED ...................................................................................................... 80 SECTION 9 - MEASUREMENT AND PAYMENT .................................................................................... 81 9-I MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK ............................................ 8 1 9-3 PAYMENT.. ................................................................................................................................. 81 SECTION 10 - FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS85 lo-l.01 GENERAL ............................................................................................................................. 85 lo-l.02 SUBCONTRACTOR AND DBE RECORDS ....................................................................... 85 IO- 1.03 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS ............................. .a5 lo-l.04 BUY AMERICA REQUIREMENTS.. ................................................................................. .85 PART 2, CONSTRUCTION MATERIALS ................................................................................. 87 SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS ............................................ 87 20 I- 1 PORTLAND CEMENT CONCRETE ..................................................................................... .87 SECTION 207 - PIPE ..................................................................................................................................... 87 207-l 1 CORRUGATED STEEL PIPE AND PIPE ARCHES ........................................................... 87 SECT ION 212 - LANDSCAPE AND IRRIGATION MATERIALS .......................................................... 88 212-4 EROSION CONTROL (Type BFM) MATERIALS ................................................................. 88 SECTION 213 . ENGINEERING FABRICS ....................................... ..“...................” ............................... 88 2 13-2 GEOTEXTILES ....................................................................................................................... .88 2 13-3 EROSION CONTROL SPECIALTIES.. ................................................................................... 89 SECTION 215 - FENCING ............................................................................................................................ 89 2 15- 1 ENVIRONMENTAL FENCING .............................................................................................. 89 PART 3, CONSTRUCTION METHODS ..................................................................................... 90 SECTION 300 - EARTHWORK .............................................................. ..” ................................................ 90 300-12 CLEARING.. ........................................................................................................................ w.90 300-13 STORM WATER POLLUTION PREVENTION .................................................................. 90 SECTION 310 - PAINTING ................................................. ..“..........“..................” ..................................... 98 3 1 O-7 PROJECT MFORMATION SIGNS.. ..................................................................................... .98 SECTION 314 - FENCE CONSTRUCTION ............................................................................................... 99 3 14-1 ENVIRONMENTAL FENCING .............................................................................................. 99 APPENDIX A: VARIOUS RESOURCE AGENCY PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 06/l l/99 Contract No. 3190 Page 4 of 100 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS - - - Until 4:00 P.M. on the 20” day of November, 2001, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Ave., 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: Project 3190, Ranch0 Santa Fe Road North, Phase 1 (Clearing), will perform clearing and grubbing of the Ranch0 Santa Fe Road North, Phase 1 project site in preparation of roadway construction. The project includes erosion control and the preparation, implementation and maintenance of a storm water pollution and prevention plan (SWPPP). Ranch0 Santa Fe Road North, Phase 1 (Clearing) CONTRACT NO. 3190 - This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. _-- The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include the Standard Specifications for Public Works Construction, 2000 Edition, 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 City of Carlsbad encourages the participation of minority and women-owned businesses. - The city of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. .- The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder’s securii of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263) appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The documents which comprise the Bidder’s proposal and that must be completed and properly executed including notarization where indicated are: Owl 1199 Contract No. 3190 Page 5 of 100 Pages 1. Contractor’s Proposal 2. Bidder’s Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner Operator/Lessors and Amount of Owner Operator/Lessor Work 6. Bidder’s Statement of Financial Responsibility 7. Bidder’s Statement of Technical Ability and Experience 8. Acknowledgement of Addendum(a) 9. Certificate of Insurance. The riders covering the Cii, 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. iO.Bidder’ s Statement Re Debarment 11 .Bidder’s Disclosure Of Discipline Record 12.Escrow Agreement for Security Deposits -(optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) - All bids will be compared on the basis of the Engineer’s Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids, The Engineer’s Estimate is $85U,OOO.O0. - Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the -- failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be property 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 involve federal funds. The following classifications are acceptable for this contract: Class A in accordance with the provisions of state law. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the - usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. - Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier’s Counter of the Faraday Center located at 1635 Faraday Ave., Carl&ad, CA 920087314 for a non- refundable fee of $100.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. - - - - Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carisbad except as hereinbefore specified. The City of Car&ad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. 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 Cii Engineer. The Contractor to whom the Contract is awarded - 06/l 1199 Contract No. 3190 Page 6 of 100 Pages - -- - - -- shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, “Subletting and Subcontracting Fair Practices Act.” The City Engineer is the City’s “duly authorized officer” for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A pre-bid meetlng and tour of the project site will be held at Stagecoach Park Community Center at 3420 Camino Del Los Coaches in Carlsbad in Multi-purpose Room No. 1, on the 8* day of November , 2001, at 9:30 A.M. This meeting is to infom? bidders about project issues and DBEs of subcontracting and material supply opportunities. Bidder’s attendance at this meeting will be considered in determining the bidder’s good faith effort to obtain DBE participation. This project has a goal of 8 percent disadvantaged business enterprise (DBE) participation. This project is subject to the “Buy America” provisions of the surface transportation assistance act of 1982 as amended by the intermodal surface transportation efficiency act of 1991. The City of Carlsbad hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available at City of Carlsbad address and available from the California Department of Industrial Relations’ Internet web site at httcMwww.dir.ca.nov. The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are set forth in the books issued for bidding purposes entitled “Proposal and Contract,” and in the copies of this book that may be examined at the offices described above where project plans, special provisions, and proposal forms may be seen. Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders of “Proposal and Contract” books. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. All bids are to be computed on the basis of the given estimated quantiies of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initiiled in ink by a person authorized to sign for the Contractor. - Bidders are advised to verify the issuance of ail addenda and raceipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (-loo%) of the total amount payable by the terms of the contract when the total amount payable does not exceed fnre million dollars ($S,OOO,OOO). - # 08/l 1199 Contract No. 3190 Page 7 of 100 Pages - 2) Fii percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-fwe percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($lO,OOO,OOO). These bonds shall be kept in full force and effect during the wurse of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions sectiin of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer’s most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer’s receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best’s Key Rating Guide of at least A-: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) Meat the conditions stated above for all insurance companies. 2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non- owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. Workers’ compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best’s rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers’ compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of the contract award date. If the Contactor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. Time is of the essence for the initiation and completion of this project. The Contractor shall receive an incentive payment of $20,000 for submitting complete and properly executed contract documents as described in these specifications and as determined by the Engineer, within ten calendar days, or less, of the award date. This includes, but is not limited to: l Current City of Cartsbad business license 0 Required bonds 08/l l/99 Contract No. 3190 Pegs 8 of 100 Pages 0 Proof of the required insurance and endorsements - a Properly executed and notarized contract 0 Delivery of all original copies of the contract documents to the City of Carlsbad Purchasing Department at 1635 Faraday Avenue in Carlsbad. If the Contractor fails to comply with the requirements described in these specifications\ as determined by the Engineer, within ten calendar days of the bid opening date, the Contractor will not be eligible for the incentive payment. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. - Approved by the City Council of the City of Cartsbad, California, by Resolution No. 2001-314, adopted on the 16’ day of October, 2001. OCTOBER 17,2001 Date *r& , RUTh FLETCHER, Deputy City Clerk - -- - - - -- 06/l 1199 Contract No. 3190 Page 9 of 100 Pages City of Carlsbad October 23, 2001 ADDENDUM NO. 1 RE: RANCH0 SANTA FE ROAD NORTH, PHASE I (CLEARING) Contract No. 3190 This addendum--receipt acknowledged--must be attached to your Request for Bid when your bid is submitted. C RUTH FLETCHER Purchasing Officer RF:jlk Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 1635 Faraday Avenue - Cartsbad, CA 92008-7314 - (760) 602-2460 0 FAX (760) 602-8556 @ City of Carlsbad Ranch0 Santa Fe Road North, Phase I (Clearing) Contract No. 3190 Addendum No. I Replace the third paragraph on Page 7 of 100 with the following: A pre-bid meeting and tour of the project site will be held at Stagecoach Park Community Center at 3420 Camino de 10s Caches in Carlsbad, in Multi-purpose Room No. 1, on the gfh day of November, 2001, at 9:30 A.M. This meeting is to inform bidders about project issues and DBEs of subcontracting and material supply opportunities. The pre-bid meeting is not mandatory, however, Bidder’s attendance at this meeting will be considered in determining the bidder’s good faith effort to obtain DBE participation. . City of Carlsbad November 9,200l ADDENDUM NO. 2 RE: RANCH0 SANTA FE ROAD NORTH, PHASE I (CLEARING), Contract No. 3190 This addendum--receipt acknowledged--must be attached to your Request for Bid when your bid is submitted. RUTH FLETCHER 7 Purchasing Officer RF:jlk Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 1635 Faraday Avenue l Carlsbad, CA 92008-7374 - (760) 602-2460 - FAX (760) 602-8556 @ City of Carlsbad Ranch0 Santa Fe Road North, Phase 1 (Clearing) Contract No. 3190 Addendum No. 2 Replace the first paragraph on Page 9 of 100 with the following: If the Contractor fails to comply with the requirements described in these specifications, as determined by the Engineer, within ten calendar days of the bid award date. The Contractor will not be eligible for the incentive payment. Replace Section 300-12 CLEARING on page 90 of 100 with the following: 30042 CLEARING AND MULCHING 30042.1 General. This work shall consist of clearing and mulching the areas as indicated in the plans. The clearing work shall conform to Section 300-I “Clearing and Grubbing” of the Standard Specifications as it pertains to clearing only. It is the intent of this contract that the work of clearing and mulching be performed, and not clearing and grubbing. The material cleared shall be mulched .jn place to the extent practicable and spread evenly to provide ground cover for erosion control protection of existing soils. The existing native vegetation shall be mowed, mulched, chipped, ground or shredded to meet the gradation requirements for Type 1 or Type 5 Mulch, as defined in section 212- 1.2.5 of the Standard Specifications. Type 5 Mulch shall be a size 2 inches long by 2 inches wide or less. The Contractor shall remove from the site, any native material that cannot be mechanically processed on site to meet these requirements. Mulching of existing native vegetation and spreading of the mulched native vegetation on the cleared site shall be required within the limits of clearing as indicated in the plans. Native vegetation shall include grasses, brush, and woody materials. Remove branches, stumps, and logs larger than 12 inches from the site. The Contractor is directed to Section 7-5.3.1 for limitations on when Clearing and Mulching work can occur. 30042.2 Payment. Payment shall conform to Section 300-I .4 of the Standard Specifications. Modify as follows: Payment for clearing and mulching shall be made at the contract unit price for clearing within the project limits and no other payments will be made. 30012.3 Measurement. Areas receiving clearing and mulching shall be measured based on plan view area and shall not be based on actual slope measurement. C E w-& J& CITY OF CARLSBAD CONTRACT NO. 3190 RANCH0 SANTA FE ROAD NORTH, PHASE 1 (CLEARING) CONTRACTOR’S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 _.- -- The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3190 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: - SCHEDULE “A” -- -- Approximate !&!!Qh Descrbtion Quantity 6 Unit A - 1 Mobilization and preparatory work 1 LS at lump sum amount not to exceed Dollars (Lump Sum) A - 2 Environmental Fencing 20,670 LF (F) Dollars per Lineal Foot 59 AC A - 4 Preparation of Storm Water Pollution Prevention Plan LSWPPP) OPENED, WJITNESSEJ itPbYi ix.XXCU: Untt Price $ P?iwo.- Total $ l?qm- $ &~010/- 06/11199 Contract No. 3190 Page 10 of 100 Pages A-6 L_ A-7 A-6 A-9 A-10 -- A- 11 - A-12 ra Dollars per Acre Dollars per Lineal Foot Dollars Each U&f&#&& Dollars Each ollars (Lump Sum) 59 AC 15,309 LF 8,000 EA 4EA 5EA 1,610 SF 22,115 SF $ 3om.- $ 3.* $ g? $ g-m- $ 6%’ $32 $ /.‘S /77, m.- $-@- -12 $ 6,417. - $ 16, 400, - $ 2,00& - $ 3,2sr $ g, b35.- $ 2s; ‘j32e= 1 LS $ vvwJ*- $ “is; wQ.- - Total amount of bid in numbers for Schedule ‘A”: $ - Price(s) given above are firm for 90 days after date of bii opening. - . Addendum(a) No(s) *- has/have been received and is/are included in this proposal. - The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. 06/i 1199 Contract No. 3190 Page 11 of 100 Pages - - - - - - - - The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do tractor within the State of $aiiiomia~lidly licensed under license classification which expires on that thk statement is true an A-- C,17, correct and has the legal effect of an ctor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City 8 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 3 20104. 06/l 1199 Contract No. 3190 Page 12 of 100 Pages EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION _* - - - The bidder , proposed su 9” ntractor , hereby certifies that he has -t has not -, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-l .5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 06l11199 Contract No. 3190 Page 13 of 100 Pages PUBLIC CONTRACT CODE PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT - -_ In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985) the bidder hereby decl es 2 under penalty of perjury under the laws of the State of California that the bidder has - , has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract - Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term “bidder” is understood to include any partner, member, officer, director, - responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after “has” or “has not” in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false - certification may subject the certifer to criminal prosecution. -- PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualifiid, removed, or otherwise prevented from bidding on, or completing a - federal, state, or local government project because of a violation of law or a safety regulation? Yes /- NO- If the answer is yes, explain the circumstances in the following space. -- - - 06/11/99 Contract No. 3190 Page 14 of 100 Pages C -- - PUBLIC CONTRACT CODE 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor’s failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 06/l 1199 Contract No. 3190 Page 15 of 100 Pages DEBARMENT AND SUSPENSION CERTIFICATION - - TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, offker, manager: . is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; . has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; . does not have a proposed debarment pending: and . has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. -- Exceptions will not necessarily result in denial of award, but will be wnsidered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. 06/11/99 Contract No. 3190 Page 16 of 100 Pages NONLOBBYING CERTIFICATION - FOR FEDERAL-AID CONTRACTS -_ The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities,” in wnfonnance with its instructions. -. ‘-. - This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Tile 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. -- c- -- The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certiicatiin be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certii and disclose accordingly. 06/l 1199 Contract No. 3190 Page 17 of 100 Pages .- ,,,. ~0 bb +kls DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM T0 DISC1 CISF 1 fIREYING ACTIVITIES PlJRSLJANT TO ti 1155, c/1352 --.-.. --.- . . ..- . -. _._. . - -.------ ----. ..-- ~ -- . . -. . .--. -. .--. -.-. . - -. -. . . .--- 1. Type of Federal Action: 2. Status of Federal Actlon: q a. contract q 3. Report Type: a. bid/offer/application 0 a. initial b. grant b. iniiaward b. materialchange coopmweagmement i: loan c. posl-award For Material Change Only: e. loan guarantee quarter f. loan insurance ~~~reporl 4. Name and Addma of Beportlng Entlty 6. if Reporting Entlty in No. 4 ls Subawardee, Enter Nams and Addrus of Primez cl PlilM q subawardee Tiir ,ifknwm Congreealonal DWbt, if known Congmaalonal Dbtrlct, if known 6. Federal DepartnwWAgency: 7. Federal Program NameIDescrlptlon: CFDA Numbar, if appli&le 8. Federal Action Number, if knawn: S. Award Amount, if know: 10. a. Nune and Addrwa of Lobby Entity b. IndMduab Pwformlng Servkes (including (If indiiidual, last name, first name, MI) address if diit from No. 1 Oa) (last name. Rrst name, MI) (atbch Continuaticn Sheat ifnaceswy) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) 3 0 IJpla~ Actual a. retainer b. one-timefee 12. Form of Payment (check all that apply): C. R a. cash b. In-kind; spedfy~ nature value El- d. contingentfee eddemd f. ather.sPdfy -I4. Brlaf Deacrlptfon of Servlcea Performed or to be performad and Date(s) of Sewlce, Including offkerfs), mpbyee(r), or member(s) contacted, for Payment lndlcated In item 11: wtech continua6on Shed(s) if l,lwmay) 16. continuation Sheet(r) adled: yea q No q 16. lnfonnatkmrequestedthroughthBformlsNlthortzedbyTBe 31 U.S.C. Section 13Q2. This dbdosum of lobbying reliance signature: wasplacedbythetlerabovewhenhistmnsacMwasmade ofenteredinto. Thbdk3dQsm isrequiredpursuantto31 Print Name: U.S.C. 1352. This MrmaQon will be repmted to Congress semiannually and will be available for pubkic inspecwn. Any Titlez personwhofailstofQethemquireddiishallbe sub)ecttoacivilpenaltyofnotleasthan$10,OOgandnot TeBphone No.: Dota: muethan$100,00Oforeachsuchfawe. Federal Use Only: AuthortrsdforLoca1m SBndardFwrn-LLL andard Form LLL Rev. 0812-97 - 06/l 1199 Contract No. 3190 Page 18 of 100 Pages INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES - - - - -- - - - - -. - - This disclosure form shall be completed by the reporting entii, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a fotlow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entii for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entii. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks “Subawardee” then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 6. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., “RFP-DE-90-001 .‘I 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entii engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate.box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 06/l II99 Contract No. 3190 Page 19 of 100 Pages - 16. The certifying official shall sign and date the form, print his/her name title and telephone number. _- - - - - -- Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046) Washington, D.C. 20503. By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). 06/11/99 Contract No. 3190 Page. 20 of 100 Pages - CITY OF CARLSBAD BIDDER - DBE - INFORMATION c- - - - - - This information may be submitted with your bid proposal. If it is not, and you are the apparent low bidder or the second or third low bidder, it must ba submitted and received as specifiad in Section 2-1.028 of the Caltrans Standard Special Provisions. Failure to submit the required DBE information will be grounds for finding the proposal nonresponsive. CO.MI5K.P. CONTRACT N BE SUBCONTRACTED OR MATERIALS TO BE PROVIDED ’ date bids are opened - include DBE address and IMPORTANT: Identify all DBE firms being claimed for cndit, regardless of tier. Copies of the DBE quotes are required. Names of the First Tkr DBE Subcontractors and their respective item(s) of work I&ted above shall k consistent, whore applicable, with the names imd itwns of work in the “List of Subcontractors” submitted with your bid pursuant to tha Subcontracton Listing Law and Section Z-1.01, “Genwal,” of the Special Provisions. I. DBE prima contractors shall entar their DBE cectification number. DBE wime contractors shall indicate all work to be performed by DBEs including mrk performed by its own forces. 2. If 100% of item is not to be performed or furnished by DBE, dascrtba Data sxact portion of itam to be performed or furnishad by DBE. No. (Area Coda) Tel. < 3. Sac Section 2-1.02, “Diivantaged Business Enterprise,” to determine m~9 X I?&.. /P,L he credit allowed for DBE firms. Person to Contact (Please Type or Print) 06/11/99 ContractNo. Page 21 of 100 Pages 12/11/2Em 87: 56 7684328146 HYDROSPROUT PAGE 82 I CCCCCCCCC TTTT CCCCCCCCC TTTT CCCC TTTTTTTTTTTTTT J-CCCC TTTTTTTTTTTTTT XCCCCCC TTTT ..eCCCCCCC TTTT TTTT TTTTTTTTT CALTRANS I DEPARTUENT OF TRANSPORTATION Bumlnmu Entarwiu Progrmn, ?O BOX 942874 - us 79 SACRAMENTO, CA 94274-0001 (9161 227-9599 Cmrtifiemtion Numbmrl hrtifyino Agmneyl Expiration Dmtsl Contact Porronc SUZANNE p3l;~~IC --- * C~;;;FIE~MD?;D'R"S --- DDE CORPORATION <760> 43 - 23s ,’ Attantionr SUZANNE BREW113 . HVDROSPROUT, INC. LAWN I SLOPE SEEDINB 460-A CORPORATE DRIVE i ESCOKDIDO, CA 92029 ;-mm’. , -----Pomt in Public View----.- -- CERTIFfCAtZON MUST BE RENEWED 120 DAVS l RZOR TO EXPIRATION DlTE.--- . . . . I ..,, - . . It im your~rmrpenmibilitu fo - Apply for Retmrtificr?ion on m fimrl~ Bmmim. - bxt:=.thib notiflcatzon for l ccurmc~ l nd notify Cmltrmnm in writing of any nacoarmry . 19 La ----Prmforrmd YORU lOCATIONS----- 15 IMPERIAL ANBELES 30 ORANBE 31 RIVERSIDE 26 SAM BERNARDINO 37 SA DIEdO -----Profm rodSWORK CATEGORIES and BUSINESS T-mm----- CO620 LAWDSCAPIHQ a NURSERY CZOOO HIBHWAV PLANTINB C202b SOIL AMENDMENTS f C2021 IWDROSEEDINB 3 C2050 EROSION CONTROL S Only crrtifhd DBE’m niy br tilhmd to mom+ Fmdmrmllv fundrd’contrmct oomlm. Only cortifimd SHOE or SYDE’ amy bm utilitmd to mmmt Stmtm fumdmd contrmct amah. Only certified CFMBE or CFWB 'D may bo utilitmd to mut Century Frmowmy contrmct gomlm. -- DBE INFORMATION-GOOD FAITH EFFORTS Federal-aid Project No. STPLF-5308 (007) Bid Opening Date The City of Cartsbad established a Disadvantaged Business Enterprise (DBE) goal of 8% for this project. The information provided herein shows that adequate good faith efforts were made. - A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): -- - Publications Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): -C Names of DBEs Solicitad Data of lnital Solicitation Follow Up Methods and Dates v iLdw!b /y/5 / ///,q, i+w C. The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder’s responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work SLd h-g tih Breakdown of items D. *Au The names, addresses and phone numbers of rejected DBE firms, the reasons for the biddef’s rejection of the DBEs, and the firms selected for that work (please attach copies of quotes from the firms involved): Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder’s rejection of the DBEs: Names, addresses and phone numbers of firms selected for the work above: Contract No. 3190 Page 22 of 100 Pages - - -- - - E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. A-6-k b+%%&/ G. The names of agencies, organtzations or groups wntacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.). Name of MethcdIDate of Results Contact H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carl&ad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and - 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. - Accompanying this proposal is aI,5 Ba Cashier’s Check) for ten percent (10%) of the amount bid. (Cash, Certified Check, Bond or - The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in - - accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. 06/l 1199 Contract No. 3190 Page 23 of 100 Pages - The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and - agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted - (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State - (4) Zip Code Telephone No. 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 (Street and Number) - City and State (4) Zip Code Telephone No. - IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted Kfk.G(‘AI6 ,ik l - - (2) - Impress Corporate Seal here - - owl 1199 Contract No. 3190 Page 24 of 100 Pages - - - - - - - - - -- - - - - (3) Incorporated under the laws of the State of &LIFoktii k (4) Place of Business f2570 s*MwOs lYuduol3 fdlm (Street and Number) City and State LJwzsr’De 1 CA QZULCO (5) Zip Code 920 qo Telephone No. 141 39O-c,4~0 NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: \. CCI-PA~CCC M F&M , - - 2* a-m A* t9wcsc - 3-*pts * l-.kkwl . , 4, MAX F&mat. - . 5 ~I~MML I P cII!dhJRou . - owl 1199 Contract No. 3190 Page 25 of 100 Pages -. . - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California . ?)l&o > ss. County of On ~OdCNfi$. lqy w, before rne,7”AMi 5: 1 aD&, ~~~?l&%l&, Date Name and Title of Officer (e!g.. “Jane Doe, Notarf Public”) personally appeared Name(s) of Signer(s) ersonally known to me I TAMI J. LEDDON 1 , is COMM. # 1253711 I I 1 NOTARY PUBLIC-CALIFORNIA fl - SAN DIEGO COUNTY My Comm. EXP. Mar. xi, 2004 - Place Notay Seal Above to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that,&/sWthey executed the same capacity(ies), i;nd*/hyhe$r ;g;i;zzf signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: 0 Individual 0 Attorney in Fact 0 Trustee ia!mwa Top of thumb here 0 1999 National Notary Assocntion * 9350 De Soto Ave.. PO Box 2402 * Chatsworth, CA 91313-2402 * wwwnatwnalnolaplo~ Prod. No. 5907 Reorder: Cal Toll-Free 1-800-8766827 - - - - BID SECURITY FORM (Check to Accompany Bid) CONTRACT NO. 3190 RANCH0 SANTA FE ROAD NORTH, PHASE 1 (CLEARING) - (NOTE: The following form shall be used if check accompanies bid.) - Accompanying this proposal is a l Certiied *Cashiers check payable to the order of CITY OF CARLSBAD, - in the sum of dollars ($ ), - this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish - the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and - notwithstanding the award of the contract to another bidder. c- BIDDER *Delete the inapplicable word. - (Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) 06/l 1 I99 Contract No. 3190 Page 26 of 100 Pages , 4.. 8. c 8 3 * BIDDER’S BOND TO ACCOMPANY PROPQSAL CONTRACT NO. 3190 RANCH0 SANTA FE ROAD NORTH, PHASE 7 (CLEARING) kNOW ALL PERSONS BY THESE PRESENTS: That we, ERRECA'S, INC. as Principal, and SEAE~X?D SIJKEXY -ANY , as Surety are-held and?irml~ bound unto the City of Carlsbad, California, in an amount as follows: (mu.9 III? at least ten percent (10% of the bld amount) TEN PERCENT OF BID for which payment, well and truly made we bind ourselves. our heirs, executors and administrators, successors or ass!gns,‘jointly and severally, firmly by these presents. THE CONDlTlON OF THE FOREGOING OBLIGATION IS SUCH that If the proposal of the-above- bounden Princfpai for: Ranch0 Santa Fe Road North, Phase 1 Clearing and Grubbing) Contract No. 319 b In the City of Carlsbad, Is accepted by the Cl execute a Contrect lncludln re ulred bonds an t Council, and if the Principal shall dufy enter into and of award of Contract by the %5= fly Insurance pokles within twenty (20) days from the dak ouncll of the City of Carl&ad, belng duly notlftad of said award, then this obllgatlon shall become null and void; otherwlse, it shall be and remain In full force and effect, -and the amount speclflerl hareln shall be forfelled to the said City. In the event Principal executed this bond as an Individual, It is agreed that the death of Principal sha!l not exonerale Iha Surety from Its obtigatlons under this bond. PRl~;S INc I . /- Exe;re~ SURETY thl SURETY: day of SEABOARD sm CCMPANY (name ot Surety) .., P.O. BOX 14245, ORANGE, CA 92863-l 245, (address of Surety) (714) 620-I 200 (sIgnattire of.AttomemP or attorney.) JAMES F. V, ATTORNEY-IN-FAD (printed name of Attorney-in-kact) (Attach corporate resolution showing current power (Proper notanal acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vfce-presfdent and secrete or esslstant secreta officer signs, the corporation must attac a resolution certlfie x 7 must sign for corporations, If only one by the secretary or assistant secretary under corporate seat empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney oeti 1199 Conkact Nn ll01’1 ma-- “T -1 .*.. - POWER Oi ATTORNEY Y Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company Power of Attorney No. 20988 Certificate No. 658938 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly *organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the “Companies”), and that the Companies do hereby make, constitute and appoint James F. Teghtmeyer, Daniel P. Dole, John T. Dole and Nicki Edwards Bon&a California of the City of , State , their true and lawful Attorney(in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts. and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and under&kin IN WITNESS WHEREOF, the Companies have caused this instru Seaboard Surety Company St. Paul Fire and Marine Ins St. Paul Guardian Insuran St. Paul Mercury Insuranc ted States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. State of Maryland City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary On this 1st day of December 1999 , before me, the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 13th day of July, 2002. 4 REBECCA EASLEY-ONOKALA, Notary Public 66203 Rev. 7-2000 Printed in U.S.A. - This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Compan$ St. P&l- Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follows: ? RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing offtcers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to tihich it is validly attached; and RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this 15m day of NOVENBER ( 2001 Thomas E. Huibregtse. Assistant Secretary To verify the authenticity of this Power of Attorney, call l-800- the above-named individuals and the details of the bond to wh ey clerk. Please refer to the Power of Attorney number, . . F- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT state of California Zounty of San Diego 3n 1 l/l 5/O 1 before me, Nicki Edwards, Notary Public, >ersonally appeared James F. Teghtmeyer, a personally known to me -0-F+ c to be the person(& whose name(d is/e subscribed to the within instrument and acknowledged to me that he&&&q executed the same in hi&e&heir authorized capacity(k+, and that by his- signatureti on the instrument the person(d or the entity upon behalf of which the person(s$ acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary rhough the data below is not required by law, it may prove valuable to persons relying on the document and could prevent kaudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT -J INDIVIDUAL -J CORPORATE OFFICER 7 PARTNER(S) 0 LIMITED ?J ATTORNEY-IN-FACT -J TRUSTEE(S) -J GUARDIAN/CONSERVATOR >THER: SIGNER IS REPRESENTING: (AME OF PERSON(S) OR ENTITY(IES) jeaboard Surety Company CA-ICW 24 (7100) , . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Iq*: Zcw 1 , before rne,/(AM; CT+ &MM/J , l\lOVW WC, Date Name and Title of Officer (e.g., “J&w Doe, Notary Public/J personally appeared sf personally known to me m me basis OT -2akhMy -0udmce to be the person(s) whose name(s) *are subscribed to the within instrument and acknowledged to me that w/they executed the same in bAr;tM?/their authorized capacity(ies), and that by w&/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Sigher 0 Partner - q Limited q 0 Attorney in Fact 0 Guardian or 0 1999 National Notary Asscsiation * 9350 De Soto Ave., P.0. Box 2402 - Chatsworth, CA 91313.2402 - ww.v.natimalnday.org Prod. No. 5907 Reorder: Call Toll-Free I-800~876fZ.27 - -- FEDERAL LOBBYING RESTRICTIONS - Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any - Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. -- - -- If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Form - LLL, “Disclosure of Lobbying Activities,” with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered -- Federal action; or (3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action. - - - 08/l 1199 Contract No. 3190 Page 28 of 100 Pages DISADVANTAGED BUSINESS ENTERPRISE (DBE) This project is subject to Part 26, Title 49, Code of Federal Regulations entitled “Participation by - Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.” The Regulations in their entirety are incorporated herein by this reference. - Bidders shall be fully informed respecting the requirements of the Regulations and the City’s Disadvantaged Business Enterprise (DBE) program developed pursuant to the Regulations; particular attention is directed to the following matters: - A. B. C. D. - E. - F. - - - - G. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto; A DBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, vendor of material or supplies, or as a trucking company; A DBE bidder, not bidding as a joint venture with a non-DBE, will be required to document one or a combination of the following: 1. The bidder will meet the goal by performing work with its own forces. 2. The bidder will meet the goal through work performed by DBE subcontractors, suppliers or trucking companies. 3. The bidder, prior to bidding, made adequate good faith efforts to meet the goal. A DBE joint venture partner must be responsible for specific contract items of work, or portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture. The DBE joint venturer must submit the joint venture agreement with the proposal or the DBE Information form required in the Section entitled “Submission of DBE Information” of these special provisions; A DBE must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work; DBEs must be certified by either the California Department of Transportation, or by a participating agency which certifies in conformance with Title 49, Code of Federal Regulations, Part 26, as of the date of bid opening. It is the Contractor’s responsibility to verify that DBEs are certified. Listings of certified DBEs are available from the following sources: 1. The Caltrans DBE Directory, which is published quarterly. This Directory may be obtained from the Department of Transportation, Materiel Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95615, Telephone: (916) 445-3520; 2. The Caltrans Electronic Information Bulletin Board Service, which is accessible by modem and is updated weekly. The Bulletin Board may be accessed by first contacting the Caltrans Business Enterprise Program by telephone: (916) 2278937 and obtaining a user identification and password; 3. The Caltrans web site at http://www.dot.ca.gov/hq/bep/index.htm; Credit for materials or supplies purchased from DBEs will be as follows: 1. If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the materials or supplies will count toward the DBE goal. A DBE manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications. 08/l 1199 Contract No. 3190 Page 28 of 100 Pages - s..- - - - - - - - - - - - - -- -- - 2. If the materials or supplies are purchased from a DBE regular dealer, 60 percent of the cost of the materials or supplies will count toward the DBE goal. A DBE regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business as provided in this paragraph G.2. if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers’ own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis. Packagers, brokers, manufacturers’ representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this paragraph G.2. 3. Credit for materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. H. Credit for DBE trucking companies will be as follows: 1. 2. 3. 4. 5. 6. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular Contract, and there cannot be a contrived arrangement for the purpose of meeting the DBE goal; The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Contract; The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks its owns, insures, and operates using drivers it employs; The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract; The DBE may also lease trucks from a non-DBE firm, including an owner-operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE; For the purposes of this paragraph H, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. I. Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of this Contract and may result in termination of the Contract or other appropriate remedy for a breach of this Contract; 06/11/99 Contract No. 3190 Page 29 of 100 Pages J. Bidders are encouraged to use services offered by financial institutions owned and controlled by DBEs. - - DBE GOAL FOR THIS PROJECT The City has established the following goal for Disadvantaged Business Enterprise (DBE) participation for this project: Disadvantaged Business Enterprise (DBE): 6 percent Caltrans has engaged the services of a contractor to provide supportive services to contractors and subcontractors to assist in obtaining DBE participation on federally funded construction projects. Bidders and potential subcontractors should check the Caltrans website at http:Iwww.dot.ca.nov/ha/bep to verify the current availability of this service. SUBMISSION OF DBE INFORMATION - - The required DBE information shall be submitted on the “LOCAL AGENCY BIDDER - DBE INFORMATION” form included in the Proposal. If the DBE information is not submitted with the bid, the DBE Information form shall be removed from the documents prior to submitting the bid. It is the bidder’s responsibility to make enough work available to DBEs and to select those portions of the work or material needs consistent with the available DBEs to meet the goal for DBE participation or to provide information to establish that, prior to bidding, the bidder made adequate good faith efforts to do so. .- - If DBE information is not submitted with the bid, the apparent successful bidder (low bidder), the second low bidder and the third low bidder shall submit DBE information to the City of Carlsbad, Purchasing Department, 1635 Faraday Avenue, Carlsbad, CA 92006, so the information is received by the City of Carlsbad no later than 4:00 p.m. on the fourth day, not including Saturdays, Sundays and legal holidays, following bid opening. DBE information sent by U.S. Postal Service certified mail with return receipt and certificate of mailing and mailed on or before the third day, not including Saturdays, Sundays and legal holidays, following bid opening will be accepted even if it is received after the fourth day following bid opening. Failure to submit the required DBE information by the time specified will be grounds for finding the bid or proposal nonresponsive. Other bidders need not submit DBE information unless requested to do so by the City of Carlsbad. The bidder’s DBE information shall establish that good faith efforts to meet the DBE goal have been made. To establish good faith efforts, the bidder shall demonstrate that the goal will be met or that, prior to bidding, adequate good faith efforts to meet the goal were made. Bidders are cautioned that even though their submittal indicates they will meet the stated DBE goal, their submittal should also include their adequate good faith efforts information along with their DBE . . . . goal information to protect their eltgrbMy for award of the Contract in the event the City, in its review, finds that the goal has not been met. The bidder’s DBE information shall include the names, addresses and phone numbers of DBE firms that will participate, with a complete description of work or supplies to be provided by each, the dollar value of each DBE transaction, and a written confirmation from the DBE that it is participating in the Contract. A copy of the DBE’s quote will serve as written confirmation that the DBE is participating in the Contract. When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of that work to be performed or furnished by that DBE shall be included in the DBE information, including the planned location of that work. The work that a DBE prime contractor has committed to performing with its own forces as well as the work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies will count toward the goal. The information necessary to establish the bidder’s adequate good faith efforts to meet the DBE goal should include: - Owl 1199 Contract No. 3190 Page 31 of 100 Pages - - - - - A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder. B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested. C. The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down of the Contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder’s responsibility to demonstrate that sufficient work to meet the DBE goal was made available to DBE firms. D. The names, addresses and phone numbers of rejected DBE firms, the firms selected for that work, and the reasons for the bidder’s choice. E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs. F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. G. The names of agencies contacted to provide assistance in contacting, recruiting and using DBE firms. H. Any additional data to support a demonstration of good faith efforts. - The award of the Contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed and who has met the goal for DBE participation or has demonstrated, to the satisfaction of the City, adequate good faith efforts to do so. Meeting the goal ..-..I for DBE participation or demonstrating to the satisfaction of the City, adequate good faith efforts to do so is a condition for being eligible for award of Contract. 06l11199 ContractNo. Page 32 of 100 Pages - - GUIDE FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS” AND “DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the Supplemental ’ Provisions to this Contract especially, “Btd I’, “Bidder”, “Contract”, “Contractor”, “Contract Price”, “Contract Unit Price”, “Engineer”, “Subcontractor” and “Work” and the definitions in section l-2 of the Supplemental Provisions especially “Own Organization” and “Owner Operator/Lessor.” Bidders are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of these Supplemental Provisions. - - CAUTIONS These forms will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bii as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or owner operator/lessors or otherwise to be performed by forces other than the Bidder’s own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the “Contractor’s Proposal” are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every -- subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor or Owner Operator/Lessor licensed as a contractor by the State of California who the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5Or6) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of manpower and equiipment that it proposes to use to complete the Work. Additional copies of the forms must be attached if required to accommodate the Contractor’s decision to use more than one Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out. These forms must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. Neither the amount, in dollars, of work performed by the Bidder’s own forces (as Contractor) nor the Bidder’s overhead and profit for subcontracted items of the work is included to compute the percentage of the work performed by Subcontractors or Owner Operators/Lessors. - - When the Bidder proposes that any bid item will installed by a Subcontractor or Owner Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner Operator/ Lessor must be entered under the wlumns “Amount of Subcontracted Bid Item Including Subcontractor’s Overhead & Proffl” or ” Amount of Owner Operator/Lessor Bid Item Including Owner Operator/Lessor’s Overhead & Profit ” unless the dollar amount of all work performed by any Subcontractor or Owner Operator/Lessor is less than one-half #of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit Price, less the Bidder’s overhead and profit, shall be multiplied by the Quantity of the bid item that the Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed. - 06/11199 Contract No. 3190 Page 33 of 100 Pages .- Suppliers of materials from sources outside the limits of work .are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor, as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor or Owner Operator/Lessor installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor or Owner Operator/Lessor installing said item. The item number from the “CONTRACTOR’S PROPOSAL” (Bid Sheets) shall be entered in the “Bid Item No.” column. When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must be entered on the form. If the Subcontractor does not have a valid business license enter “NONE” in the appropriate space. - - -- - - - - Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the Bidder proposes to perform no less than f@ percent (50%) of the work with its own forces. Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the contract shall determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the Cii Council shall be final. 06111199 Contract No. 3190 Page 34 of 100 Pages - DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS - - _- - CONTRACT NO. 3190 RANCH0 SANTA FE ROAD NORTH, PHASE 1 (CLEARING) The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required to accommodate the Contractor’s decision to use more than one subcontractor. This form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. -I - .- Full Company Name of Subcontractor: gad- f+ d/Lus6Lp~‘ti G-J &d ~~/wc I Subcontractor’s Location of Business q&o- A &V”&-ZG ps * Street Address z53-wrb 0 4;rw9 city State ZP l Subcontractor’s Telephone Number including Area Code: (760 1 (i3s - %%33 _ . _- --- - - - l Subcontractor’s California State Contractors License No. and Classification: 5&t303 - @ 2 7 * Subcontractor’s Carlsbad Business License No.: ?&i/n/g SUBCONTRACTOR’S BID ITEMS h I n-5 $ /ql?, 24/* 14 s,sm.bq $ I I x I $ $ $ $ s % - - Column 1 - Bid Item No. from the bid proposal, pages 9 through 10, inclusive. Column 2 - The dollar amount of tha itam to be performed bv the Subcontractor. Column 3 - The dollar amount of tha item to be ~rfomwd bjr Contractoh own forces. -- Column 4 - The dollar amount of the Contractor’s overhead and p&it for work done by both the Contractor’s and the Subcontractor’s forces on the item. Total dollar amount of Columns 2,3, and 4 must be equal to the dollar amount in the bid price of tha item on bid proposal pages 10 through 12, inclusive. -- 06/l 1199 Contract No. 3190 Page 35 of 100 Pages , I I Paw - of pages of this Subcontractor Designation form - l Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours afler the deadline for submitting bids contained in the “Notice Inviting Bids.” - - c -- 06/l 1 I99 Contract No. 3190 Page 36 of 100 Pages - - - - -- - - - c -- -- -. DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK CONTRACT NO. 3190 RANCH0 SANTA FE ROAD NORTH, PHASE 1 (CLEARING) The Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in preparing this bid for the Work and that the listed Owner Operator/Lessor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency. Full Owner Operator/Lessor Name: Complete Address: Street State Zip l Owner Operator/Lessor Telephone Number plus Area Code: ( ) - l Owner Operator/Lessor City of Carlsbad Business License No.: --IUNER OPERATOR/LESSOR WORK ITEMS ‘Overhead”&‘Prbfit -&I .BSd I f x x s s % I $ $ $ $ $ $ s s % Column 1 - Bid item No. from the bid proposal, pa9es 9 through 10, inclusive. Column 2 - The dollar amount of the item to be oerformed by the Cwner Operator/Lessor. Column 3 - The dollar amount of the item to be ix&med by Contractor’s vown forces. Column 4 - The dollar amount of the ContraWs overhead and profit for work done by both the Contractor’s and the Owner Operator/Lessor’s forces on the item. Total dollar amount of Columns 2,3, and 4 must be aqua1 to the dollar amount in the bid price of the item on bid proposal pages 10 throUgh 12. inclusive. Page of pages of this Owner Operator/Lessor form l Pursuant to section 4104 (a)o(A)aliimia Public Contract Code, receipt of the porttons of the information praceded by an asterisk required on this document may be submii by the Biir up to 24 hours after the deadline for submiing bids contained in the “Notice Inviting Bids.” 06/l l/99 Contract No. 3190 Page 37 of 100 Pages BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) CONTRACT NO. 3190 RANCH0 SANTA FE ROAD NORTH, PHASE 1 (CLEARING) Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. -- - -_ - 06/11/99 Contract No.3190 Page 38 of 100 Pages Erreca’s, Inc. Financial Statements and Additional Information for the Years Ended September 30,200O and 1999 and Independent Auditor’s Report - d~%!:~E%bs - ., _ -nne M. Emerson d David B. Larson Robert X? Ludwig Lary H. Stokes LARSON,LUDWIG&STOKESLLP CERTIFIED PUBLIC ACCOUNTANTS 4275 Executive Square Suite 1000 La Jolla, California 92037-1478 Telephone (858) 587-1900 Facsimile (858) 587-2158 Independent Auditor’s Report Board of Directors and Stockholders Erreca’s, Inc. Lakeside, California - 1 - d - a We have audited the accompanying balance sheet of Erreca’s, Inc. as of September 30, 2000, and the related statements of income and retained earnings and cash flows for the year then ended. These financial statements are the responsibility of the Company’s management. Our responsibility is to express an opinion on these Gnancial statements based on our audit. The fi- nancial statements of Erreca’s, Inc. as of September 30, 1999 were audited by other auditors whose report, dated February 4, 2000, expressed an unqualified opinion on those statements. The other auditor’s report on the 1999 financial statements did not include the effects of the re- statement adjustments described in Note 22. -. We conducted our audit in accordance with U.S. generally accepted auditing standards. Those d- standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examin- - d - a. - ila ing, on a test basis, eqdence supporting the amounts and disclosures in the financial 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 that our audit provides a reasonable basis for our opinion. In our opinion, the 2000 financial statements referred to above present fairly, in all material re- spects, the EnanciaI position of Erreca’s, Inc. as of September 30, 2000, and the results of its operations and its cash flows for the year then ended in conformity with U.S. generally ac- cepted accounting principles. We also audited the restatement adjustments to the 1999 financial statements described in Note 22. In our opinion, these adjustments are appropriate and have been properly recorded. December 6,200O Erreca’s, Inc. Balance Sheets September 30 2000 1999 Assets Current Assets Cash and cash equivalents $ 1,273,154 $ 2,122,095 Certificates of deposit 2,000,000 2,000,000 Contracts receivable - net 6,971 ,I 80 6,204,533 Prepaid employee benefits 2,500,000 2,000,000 Costs and estimated earnings on uncompleted contracts in excess of billings 1 ,010,770 412,346 Income tax refunds receivable 113,366 Other current assets 149.724 185,349 Total current assets 13,904,828 13,037,689 Noncurrent Assets Notes receivable from related parties 172,793 163,984 Property and equipment - net 8,378,721 9,252,819 Other noncurrent assets 55,542 164,416 8,607,056 9,581,219 See notes to financial statements I 1 1 I Seotember 30 2000 1999 Liabilities and Stockholders’ Equity Current Liabilities Accounts payable $ 5,536,199 $ 5,786,990 Accrued liabilities 379,682 178,642 Billings in excess of costs and estimated earnings on un- completed contracts 772,629 I,1 78,849 Lines of credit 2,500,OOO 2,000,000 Income taxes payable 191,624 Deferred income taxes 924,590 803,032 Current portion of long-term debt 1,458,369 1,345,225 Current portion of capital lease obligations 805,518 652,520 Total current liabilities 12,568,611 11,945,258 Noncurrent Liabilities Deferred income taxes I,1 74,703 1 ,I 13,805 Long-term debt 2,279,420 2,822,506 Capital lease obligations 330,146 1,271,642 Total noncurrent liabilities 3,784,269 5,207,953 Commitments and contingencies Stockholders’ Equity Capital stock, no par value, 2,000 shares authorized, 800 shares issued and outstanding 90,015 90,015 Retained earnings 6.068.989 5.375.682 6.159.004 5.465,697 $22.511.884 $22.618.908 3 , ’ Erreca’s, Inc. Statements of Income and Retained Earnings 111 Construction Operations Construction revenues Cost of construction revenues Gross profit Selling, general and administrative expense Interest expense Income from operations Other Income Interest income Gain on disposals of assets Other income Total other income Income before income tax expense Income tax expense a- Net income Retained Earnings Beginning of year, as restated a End of year See notes to financial statements 4 Year Ended September 30 2000 1999 $49,819,318 $35,618,749 45,559.435 32.412,416 4,259,883 3,206,333 2,856,941 2,235,396 467,093 482,877 935,849 488,060 192,201 150,988 19,283 20,029 33,423 12.536 244,907 183,553 1,180,756 671,613 487,449 272,170 693,307 399,443 5.375,682 4.976.239 $ 6.068.989 $ 5.375.682 -* BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CONTRACT NO. 3190 RANCH0 SANTA FE ROAD NORTH, PHASE 1 (CLEARING) The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Name and Address Name and Phone No. of Person owl l/99 Contract No. 3190 Page 39 of 100 Pages BIDDER’S CERTIFICATE OF INSURANCE FOR - GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION (To Accompany Proposal) c. - CONTRACT NO. 3190 RANCH0 SANTA FE ROAD NORTH, PHASE I (CLEARING) As a required part of the Bidder’s proposal the Bidder must attach either of the following to this page. 1) Certiicates of insurance showing conformance with the requirements herein for each of: 0 Comprehensive General Liability 0 Automobile Liability 0 Workers Compensation 0 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: I) 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 anv 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. e w 06/l l/99 Contract No. 3190 Page 40 of 100 Pages ACORD, CERTIFICATE OF LIABILITY INSURANC@ggl 1 DATE (MMIDDIW) 12/17/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Wooditch Company Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE SpJvices, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ark Plaza, #400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. r,gine CA 92614 Phone:949-553-9800 Fax:949-553-0670 INSURERS AFFORDING COVERAGE INSURED INSURER A: St. Paul Fire and Marine -h Erreca's, Inc. Mr. Mike Conroy P.O. Box 640 Lakeside CA 92040 I INSURER B: INSURER C: INSURER D: INSURER E: --_-.-.--- THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INbJRElJ NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDlNG ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.. AUTOMOBILE LlABlLll-f COMBINED SINGLE LIMIT A X ANYAUTO KKO8301531 04/01/01 04/01/02 (Eaaddent) s1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (PM per-m s X HIRED AUTOS BODILY INJURY - X NON-OWNEDAUTOS (Per accident) s PROPERTY DAMAGE (Per accident) s GARAGE LIABILITY AUTO ONLY - EAACCIDENT S ANY AUTO OTHER THAN EAACC S I AUTO ONLY: AGG S EXCESS LlABlLlTY EACH OCCURRENCE s OCCUR cl CLAIMS MADE AGGREGATE s 5 DEDUCTIBLE S RETENTION 5 S OTH WORKERS COMPENSATlON AND ER- A EMPLOYERS LIABILITY WVK8300421 04/01/01 04/01/02 E.L. EACHACCIDENT s1,000,000 E.L. DISEASE-EAEMPLOYEE 5 1,000,000 E.L. DISEASE- POLICY LIMIT S 1,000,000 OTHER DESCRIPTION OF OPERATlONSROCATlONSlVEHICLESlEXCLUSlONS ADDED BY ENDORSEYENTlSPEClAL PROVISIONS City of Carlsbad, its officials, employees and volunteers are named as additional insured as respects General Liability per attached endorsement. Re: Ranch0 Santa Fe Road North, Phase 1; Contract No.3190; Erreca's Project #Ol-8240. Waiver of Subrogation for General Liability, Automobile Liability and Workers'Compensation: see attached. glaip/xxx/wv-all ----.-. - _--..-. --- I 1 -__.--. . _-.-.. . * CERTIFICATE HOLDER 1 y ( ADDITIONAL INSURED; INSURER LETTER: CANCELLATION L - CITYCA7 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL w MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, e City of Carlsbad 1635 Faraday Ave. Carlsbad CA 92008-7314 I ACORD 25-S (7197) - QACORD CORPORATION 1988 I I IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/97) 4 ..,...........................................,................,......,..............................,............................................... *Except 10 Days Notice of Cancellation for Non-Payment of Premium. ,- /c . * I COMMERCIAL GENERAL LIABILITY POLICY NUMBER: KK08301531 INSURED: ..Erreca’s, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE’READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) The endorsement modifies insurance provided under the following: COMMERCIAL GENERAL ilABILITY COVERAGE PART. Name of Person of Organization: City of Carlsbad, its officials, employees and volunteers. Re: Ranch0 Santa Fe Road North, Phase 1; Contract No.3190; Erreca’s Project 01-8240. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only as respect to liability arising out of “your work” for that insured by you or for you. This insurance shall apply as primary insurance as respects any person or organization for whom or which you have agreed by written contract or permit to provide insurance on a primary basis. Any other insurance available to such person or organization shall be excess of this insurance and the carrier will not seek contribution from such other insurance maintained by and available to such person or organization. CG 2010 11 85 Copyright, Insurance Services Office, Inc., 1984 COMMERCIAL AUTO POLICY NUMBER: KK08301531 INSURED: Erreca’s Inc. THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM . SCHEDULE Name of Person or Organization: City of Carlsbad, its officials, employees and volunteers. RE: Ranch0 Santa Fe Road North, Phase 1; Contract No.3190; Erreca’s Project 01-8240. 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 the ownership, maintenance, or use of a covered “auto.” We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of “your work” done under a contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule. CA76080788 WAlVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. ( The following “attaching clause” need be completed only when this endorsement is issued subsequent preparation of the policy.) This endorsement, effective 04/01/01 12:Ol am forms a part of Policy No. WVK8300421 Issued to: Erreca’s, Inc. By: St. Paul Fire & Marine Premium: Determined at Audit We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) -- You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. SCHEDULE : Person or Organization: City of Carlsbad, its officials, employees and volunteers Re: Ranch0 Santa Fe Road North, Phase 1; Contract No.3190; Erreca’s Project 01-8240. WC 04 03 06 (Ed. 4-84) COMMERCIAL GENERAL LIABILITY POLICY NUMBER: KK08301531 INSURED: Erreca’s, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SCHEDULE . Name of Person or Organization: City of Carlsbad, its officials, employees and volunteers. Re: Ranch0 Santa Fe Road North, Phase 1; Contract No.3190; Erreca’s Project 01-8240. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of “your work” done under a contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule. CG2404 11 85 ’ POST IN CONSPIWOUS’t-‘LACiZ ‘i I ‘( ‘. j .:., ,: p cbI,d ,.+ :i wk. NC)~~~ER 1212643 DrkiE k3JEb 10104/2001 SIC CbDE 15 OWNER FIRti OR CORkORATION NAME 3us1MEss IDA& ti1AILING ADDRESS 3lTY AND STATE BUSINESS REGISTRATION CERWFICATE :, ., .’ _\ . Thd penw. firm or corporallm nemad bdor 16 gnhled hii bush&s mrlflesla ~mmnl ia.lha’ prcuisiqhi al Ihs City Budnor, Llmnae Qdiiancw losngaga h. canyon arcmdud the budnat. talc. cdlhg. pmfesdm. cxllbilon otocCupdlon d?subsd b&w. I~wulna 01 lhs ” cUlliats Is nol an endosemanl. no acrlilicalim ol cm?plimc(, tih olhsr ordbmnca or law%. ?h)l l?enw la *wed tilh&l vedfbxlbn lhd Ihe lcensee I$ drhjed lo or sxempl lrcm lianu’ng by Ihs Sale d C dlfomia. B(JSlNESS LO&TI&.J, ..<‘.,’ +,:. rN:’ ‘.i’. SIC DESCRIPTION Building Cofisfru&,fi-(&ner~~ Buildin$ Con ERRECA’S INC. ERRECPI’S INC. PO BOX 640 LAKESIDE, CA 92040-0640 ..- - - rC BIDDER’S STATEMENT RE DEBARMENT (To Accompany Proposal) CONTRACT NO. 3190 RANCH0 SANTA FE ROAD NORTH, PHASE 1 (CLEARING) 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? -AL Yes il0 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency -- period of debarment period of debarment BY CONTRACTOR: - - Page ! of \ pages of this Re Debarment form :- r Contract No. 3190 Page 41 of 100 Pages -- -- - - BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CONTRACT NO. 3190 RANCH0 SANTA FE ROAD NORTH, PHASE 1 (CLEARING) 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 95626. 1) Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State license Board two or more ti 7 s within an eight year period? yes no 2) Has the suspension or rev-n 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? / yes no 4) Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of the Work ever bee tayed? 2 yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page pages of this Disclosure of Discipline form f of 1 06/l 1199 Contract No. 3190 Page 42 of 100 Pages -- BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CONTRACT NO. 3190 RANCH0 SANTA FE ROAD NORTH, PHASE 1 (CLEARING) 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who’s discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. - (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: - (sign here) - “; \ Page 1 of 1 pages of thii Disclosure of Discipline form m w 06/l l/99 Contract No. 3190 Page 43 of 100 Pages - - - - . - NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 CONTRACT NO. 3190 RANCH0 SANTA FE ROAD NORTH, PHASE 1 (CLEARING) -. State of California 1 ) ss. Countyof Q++J D&d ) . ~ic&ZlER (Name of Bidder) , being first duly sworn, deposes - and says that he or she is - of 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 wnference with anyone to fuc the bid _- _- price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. - I declare of perjury tha the foregoing is true and correct and that this affidavit was executed on the h(& MR& ,20&. ,-- Subscribed and sworn to before me on the day of ,20-. (NOTARY SEAL) c s& tk==) - Sinatm of Notary 06/11199 Contract No. 3190 Page 44 of 100 Pages . - State of California 5uI5l~ County of c > ss. On hlO\JW@- rs(“,?&, before me, . \J- md Date Nam’, and Title of Officer (e.g.. ‘Jane Doe, mnI& - Not& Public”) * personally appeared Name(s) of Signer(s) 3s ersonally known to me fiai&mce I TAMI J. LEDDON 6 COMM. # 1253711 I . NOTARY PUBLIC-CALIFCiRNIA 8 SAN DIEGO COUNTY 7 My COmm. EXp. Mar. IS,2004 Place Notary Seal Above to be the person(d whose name(&) is/& subscribed to the within instrument and acknowledged to me that he/+@& executed the same in his/&Q& authorized capacity@&), and that by his&&/U&@ signature@ on the instrument the person@,), or the entity upon behalf of which the personw acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: cl individual Cl Attorney in Fact 0 Trustee iiBa!mi Top of thumb here 0 1993 National Notary Association - 9350 De Solo Avg.. P.0. Box 2402 -Chatsworth, CA91313.2402 * www.natianalnotary..org Pm,. No. 6907 Reorder: Call Toll-Free I-8006766827 CONTRACT PUBLIC WORKS - -- - _ - _- --. - - .-- - This agreement is made this >ti i) day of JiwmY ’ 20&, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter call&d “City”), and ERRECA’S INC. whose principal place of business is 12570 SLAUGHTERHOUSE CANYON ROAD LAKESIDE CA 92040 (hereinafter called “Contractor”). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: Ranch0 Santa Fe Road North, Phase 1 (Clearing) Contract No. 3190 (hereinafter called “project”) 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor’s Proposal, Bidder’s Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder’s Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non- collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor’s expense to fulfil1 the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City’s decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor’s performance of work under this Contract, City shall make payment to the Contractor per section g-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2000 AND 2001 supplements thereto hereinafter designated “SSPWC”, as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. Incentive Payment. The Contractor shall receive an incentive payment of $20,000 for submitting complete and property executed contract documents as described in these specifications and as determined by the Engineer, within ten calendar days, or less, of the award date. If the Contractor fails to _ comply with the requirements described in these specifications, as determined by the Engineer, within ten calendar days of the bid opening date, the Contractor will not be eligible for the incentive payment. If the Engineer determines that the Contractor has met all of the requirements for a properly executed contract in ten calendar days or less, the Engineer shall notify the Contractor in writing. Upon receipt of 06/l 1199 Contract No. 3190 Page 45 of 100 Pages -- ^- - - -- - v.. - - - written notification, the Contractor shall prepare an invoice for the incentive payment in full, with the first progress payment or any progress payment thereafter. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor’s convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. 6. Differing Conditions. Subsurface or latent physical conditions at the site dieting 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. Clty shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor’s costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor’s cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1988 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the Cii and their consultants, CMWD and their consultants, OMWD and their consultants, WVD and their consultants, LCWD and their consultants, and each of their officers, agents, 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 06/l 1 I99 Contract No. 3190 Page 46 of 100 Pages -. caused by the sole or active negligence or willful misconduct of the City or their consultants, CMWD or their _ consultants, OMWD or their consultants, IMID or their consultants, LCWD or their consultants, or their officers, agents, and employees. The expenses of defense include all costs and expenses including attorneys’ fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the - cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to - Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or - subcontractors. Said insurance shall meet the City’s policy for insurance as stated in Resolution No. 91403. (A) Coverages And Limits. Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $l,OOO,OOO combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts - specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. - - b. Business Automobile Liability insurance: $l,OOO,OOO combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. - The auto insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. 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 ,OOO,OOO per incident. Workers’ compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this - agreement wlth the exception of Workers’ Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. - a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, teased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All - additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers’ liibilii coverage. b. The Contractor’s insurance coverage shall be primary insurance as respects the City, its offkzials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor’s insurance and shall not contribute wlth it. - C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, - its officials, employees or volunteers. d. Coverage shall state that the wntractots 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. - Owl1199 ContractNo. Page 47 of 100 Pages - (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days’ prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-insured Rethion (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (6) 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 author&t to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91403. (H) Verification Of Coverage. Contractor shall furnish the Clty 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 author&J by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of insurance. The Cost of all insurance required under 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 Clty using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of actiin for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false infonrration or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carl&ad seeks to recover penalties pursuant to the False Claims Act, it Owl/99 ContractNo. Page 48 of 100 Pages - - is entitled to recover its litigation costs, including attorney’s fees. __--. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may .- subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, - 3.32.027 and 3.32.026 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. .- /H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. /ho& - (tntthi) 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor - Code. If the Contractor does not maintain the records at Contractor’s principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. - 13. Labor Code Provlsions. 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 certiied check may be substiiuted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted - for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause - required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion - or correction. -- 16. Additional Provisions. Any additional provisions of this agreement are set forth in the “General Provisions” or “Supplemental Provisions” attached hereto and made a part hereof. - - - - 4B w 06/11/99 Contract No. 3190 Page 49 of 100 Pages NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED .- r/ (CORPORATE SEAL) - -- - - - -- -< - .F-- - CONTRACTOR: By: I- - (naye otpntractor) 1 State .BY: President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: ~~Lw&j.&w e, Deputy City Attorney Cindic, E-. MNaCzn’tt ‘3 06/l 1199 Contract No. 3190 Page 50 of 100 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,- State of California . 3 a\ao County of > ss. l%.!Z~6~ \q ,?!iU\ before me, Date personally appeared personally known to me We to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that @$$$they executed the same in ,H&l&/their authorized capacity(ies), and that by ,I&Rr&/their TAMI J. LEDDON signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. S my hand and official seal. Place Notary Seal Above of Notary Pubk 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 fhis form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer q Individual 0 Attorney in Fact 0 Trustee Top of thumb here 0 1999 National Notaly Association * 9350 De Soto Ave., P.D. Box 2402 *Chatsworth, CA 91313-2402 - ww.nationalnotaly.org Prod. No 5907 Reorder: Call Toll-Free 1-800-876-6827 LABOR AND MATERlAiS BOND NO. 410347 BOND. WHEREAS, the CXy Council of the City of Certsbad, State of Callfomla, bV R&iolution No. 2001-360 I adopted DECEMBER 11, 2001 , has iawma to ERRECA’S INC ~hti&i~&r designated as the “principal”), D Contract for: Ran&o Santa Fe Road North, Phase 1 (Cl&ing) . Contract No. 3180 in the cfiy of Carlsbad, in strict conformity with the drawings and specltlcations, and other Qntract Documenfs now on file in the Of’fica of the City Clerk of the City of Carlsbad ond all of whii are iwfporated hereh by lhis reference. WHEREAS. Pfindpal has executed or is about to execute said Contract and the terms thereof require the furrrisMng of a bond, provi&!g #iat if Pflncipal or any of their subcontractors shalt fail to pay for any ma-, pmvlslonr, provender or other ru$piiee 0r teams used in, upon or about the performance of the work agreed to be done, or for any work w labor done thereon of any kind, the Surety on this bond w#l pay the same to lhe extent her&after set forth. NBW, THEREFORE, WE, , as Prlncjpal, (her&Mter designated as the4 “Contractcf), end S-e SURETY COMPANY as /- Surety, are held firmly bound unto thr City of CarEsbad In the sum of FIVF HlJwFn T&JTEEN THO USAND. NINE HUNDW FOUR AND 2ulOO ocltwb _ ($ 513.904.25 1, said sum being an amount equal to: Ftfty percent (50%) of the total satlmeted amount payable under said contract by the C&y gf Carl&ad under fhe Crme of the contract when the total am&t payable Is not less than fivg mijlign d@lars ($i5,UW,CMHlj and doer not exceed ten mIllion dollars (510,000,000) THE CONDITION OF THfS 6BLlGAfiON IS SUCH that if the person or hi&w 8ubcontractors @iI tg pay fer any m&I&, provislona, proverjder, suppbe8, or teams used In, upon, far, or about the perfmngnge of the wMk timWtWd to be done, or for any other work or labor thereon of any kind, or for amounts due under the Ur@mp?oynwit InwrMca Code with respect to euch work or bbor, or for any amounta required to be deducted, wtthhekt, and paid over to the Employment Development bep!Mment from the we$jes of emptoyem of the contractor and subwntractors pumuant to wtkm 13020 of the Unemplc@nent Insurance Code with mpect to such wwk end i&or that the Surety will pay for the same, not to exceed the sum mpmMtxJ in the bond, and, also, In case suit Ir trnX@ht upon the bond, costs and mawnable exppnscw end fees. fndudii masonable attawa fee& to be fi%ed by the court, as required by the pwv#ws gf @e&ion 3248 of tha Caltfornia Cfvil Code. This bond shall inure to ttw bmefit of any and ail persons, companies and corpmtims mtitkid t6 file claims under Title 15 of Part 4 of Oh&ion 3 al the Clvll Code QxmmWng with aecGon 3U82). Surety atiplatea and agrees that no change, extension of time, atter$on ot a&Iii to the m of the Contract, or to the work to be performed thereunder or the fgwkabm acmmpmyhg the mane shall affect its obliga#ons on this bond, and tt doea hereby wahm notJm d any change, extensicn of tim, altf3rabns or addltion to the lerms of the contract or tc the work M to the mwtions, In the event that Contractor is an indiwidual, it is agreed that the death of any such Co&wtor &#I not Q 4 ’ otyl ii90 eontluct No. jled Pam 51 of 1M Pa-* exonerate the Surety from its obligati*rs under this bond. Exacuted by CONTRACTOR this 1 G* Executed by SURE!i’Y this 14TH - _-. day day of %T*Mb VK ,203. CONTRACTUff: ERRECA'S, INC. (name of Contractors T By: M&l* (sign here) \eAf&b Cnd(Lou - (prin! name here) (print name here) . . J\cG (P@mk?yJ I- - (title am tirganimm af sign8tofy) of. DECEMBER ,203 SURETY: SEABOARD SURETY amPANY (name of Surety] P.O. Box 14245, ORANGE. CA 92863-1245 (address of Surety) (714) 620-1200 (telephone numbefpr Surety) f!qpd?A (signature of At&mey-ln-F!~3) T. DOLEi, ATTORNEY-IN-FACT ---e-(ijrlriid name of Attorney-in-Fact] (attach corporate resolution showing current power d attorney) (Proper rratarfd acknowledgment of axeWtio# by CONTRAcX3R and SURm mugt be atWired.) (Pmskbnt or vtce-preaknt and wcrw ar assWtnt aewetary murt sign for corporations, If only one ofker !Hgns, ths copmUon must attach a rewfution eertiied by the wrzeta~ bt %Mstant secretary under uxpcrate serrl empowering that officer to bind the cwpwatk.) APPROVED AS TO FORM: RONALD R. BALL City Attorney . 08~1 t/e8 CmtrSCt NB. 3100 P-8 52 of 160 PecJes POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 20988 Certificate No. 658955 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collecrively called the “Companies”), and that the Companies do hereby make, constitute and appoint James F. Teghtmeyer, Daniel P. Dole, John T. Dole and Nicki Edwards Bonita California of the City of , State , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertaking y actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instru y and Guaranty Company ty Insurance Company ty Insurance Underwriters, Inc. JOHN E PHINNEY, Vice President State of Maryland City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary On this 1st day of December 1999 I-Y before me, the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 13th day of July, 2002. REBECCA EASLEY-ONOKALA. Notary Public 86203 Rev. 7-2000 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case. subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof. and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this 1 4m day of DECZNBER , 2001 .-w To verifr the authenticity of this Power of Attorney, call l-800- the above-named individuals and the details of the bond to Thomas E. Huibregtse, Assistant Secretary ey clerk. Please refer to the Power of Attorney number, - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .- state of California Zounty of San Diego 111 12/l 4/O 1 before me, Nicki Edwards, Notary Public, )ersonally appeared John T. Dole, a personally known to me &XI&-& nmvprl to be the person($ whose name@ is/are subscribed to the within instrument and acknowledged to me that he/&&they executed the same in hisil&th& authorized capacity@+ and that by hisa ’ signatureti on the instrument the person( Bf , or the entity upon behalf of which the person@$ acted, executed the instrument. WITNESS my hand and official seal. X& 5&h& Signature of Notary fhough the data below is not required by law, it may prove valuable to persons relying on the document and could prevent raudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 1 INDIVIDUAL 7] CORPORATE OFFICER 7 PARTNER(S) [7 LIMITED g ATTORNEY-IN-FACT ] TRUSTEE(S) 1 GUARDIAN/CONSERVATOR ITHER: ;IGNER IS REPRESENTING: dAME OF PERSON(S) OR ENTITY(IES) jeaboard Surety Company CA-ICW 24 (7/1X9 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - State of California s&J 3> ;Gm County of > ss. On rihBw N; Date personally appeared aersonally known to me to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that @$&hey executed the same in &l&r/their authorized capacity(ies), and that by $v&P&/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above OPT/O/VA 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer q Individual 0 Corporate Officer 0 Partner - 0 Limi 0 Attorney in Fact q Other: Signer Is Representing: Top of thumb here 0 1999 Natcml Notary A.wxiaf~on - 9350 De Soto Ave.. PO. Box 2402 * Chatsworth, CA 91313-2402 - wiwnationalnotaryor9 Prod. No 5907 Reorder: Call Toll-Free l-800-876-6827 BOND NO. 410347 FAITHFUL PERFORMANCERNARRANTY BOND WHEREAS, the Guy Council of the city of Cawed, state of CCitibM&a, l5jf fGS&fiOfi NotOOl- , edopted DECEMBER 11, 2001 , has awarded to I ER&.CA5JkK .L-- , (hafainafr8f deslgnatad as the “Principal”), a Contract for: Rancho Santa Fe Road North, Phase 1 (Cbaringl Contract No. 3190 in the Clly ol Carlebad, in strict conformity with the contract, the drawings and specfffcations, and other CcrM& -manis now on file In the Office of the City Clark of th8 City of Carlsbed, all of which are incorporated herein by thia refanrwa. WHEREAS, Prtncipai hea executed or is about (a exscula said Contract and the tarms thereof require the furnishii of a bond for the fasthfut parformance and warranty of said Contract; NOW< THEREFORE, WE, ERRECA’S INC. , as Principal, (hargin#kw dw&Mud as the “Contra&r”), and SEABOARD Sm COMPANY /- k ._ Fii ,a5 Sumty, are t&d and firmly bound unto tha City of Car/r&ad, In lil HUNDRED THIRTEEN THOUSA a 6um of Bo D NlNE HUNDRED FQ ,--- -_ 119, (l6D X 8aidYsum Lng equal to one R A D Z-/100 hundred psrcenl (100%) of the emtbt8d amount of the Contract, to be paid to city or k certain attorney, lb successors and asslgns; for which payment, well and truly to be made, we bind oumalvas, our hefm, executors and administrators, succe660r6 or eoeigns, jointly and severally, firmly by thasa prewnts. THE CONOlTlON OF THIS OBLlGATlON IS SUCH that if the above kounden Contra&r, the& heh, executors, adminiatmtors, succewor6 or assigns. shali in all thing8 ataM to and abide by, and well and hih, k&p and perform the covenants. condii, and agreements in the Contract and any alteratig thawf iB&le as fhereln provided on their part, to be kept and performed at the time and in the mannfrr theraIn ffp&Wd. and in all respects according to their true Intent and meaning, and shall indemnify and 6ev8 harrnlaw #ra Cky of Carlebad, its ofkers, ampioyees and agents, as thetin stipulated, then thls ob@atluI? iihatf become IIUU and void: otherwi60 ti shall ram&n in full force and effect, Ae a pert of tha obfiga& secured hereby and In rddiWi to the face amOunt speclfkl therefore, there shell be indudnd soak end reawnable expensee and fees. including raasoneble affomey$ fees, incurred by ?hs City in wtzae~fuHy enforcing such obfigatlan, 8ll to &a taxed as Costs and Inch&d In any judgment fap&3re$l. %N8@ atipu&tes and g~gr@!p that no change, 8xbf38fun of tkne, 8&8mlk?n or 0ddih to th0 ttimiil 6l the Conlmct, or to the work to be performed thereunder or the sp8cifkatbno accompanying the same shall sffecl tts obllgatlonr on Vlfs bond, and It does hereby w&e norice ~1 any change, sxfension of time, aIteratIons or addition to th8 terms of the contmct or to the work or lo tha -ion&. e owtma cbiima Nti 3100 Paas 53 cd Win Panar in the event that Contrac&~r is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from iis oblgatlons under this bond. Ex:csmed &‘CUNTRACTCIR this \ q* Executed by SURE’IY this 14TH day of dayof~kaoM3~ I 2uLL. DECEMBER I 2oL. CONTWTOR: SURETY: IzRREcA's, INC. (name of G;cntractor) By: SEABOARD suRETY COMPANY (name of Sumty) P.O. BOX 14245, ORANGE, CA 92863-1245 (abdrwso Df Surety) &T 5~7~ (TM iif Org~nization of Signat&y) ey : /I Ich F@7JI a (Title and C+gwitalbn Df signatory) (714) 620-1200 @& T. DOLE, ATI'ORNEY-IN-FACT ~printetd name of Mornay-In-Fact) (Attach rzerpmte resold619 Mwing currenf power of attwney.) Q o%llf1%% c~w0.3180 Page 64 M la0 PtiHb (&oper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attzgjwd.) (President or vlcepmidmt and secretory or assistant secretary must sign for corporations. tf only one of’&%% Siaiii, the corporation must attach a resolution certlflad by the secretary or assistant secretary under ccwparate adel empowering that offir to bind the cwporatton.) APPROVED AS TO FORM: RONALO R. BALL ci Attorney By: JANE R’IOI3ALlX Peputy City Attorney Q RR/i t/w ctmtrad No. 3TW F&ml 55 of 166- Pwer POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company Power of Attorney No. 20988 Certitkate No. 658956 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the “Companies”), and that the Companies do hereby make, constitute and appoint James F. Teghtmeyer, Daniel P. Dole, John T. Dole and Nicki Edwards Bonita California of the City of , State , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakin y actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instru ,-, d States Fidelity and Guaranty Company ’ Fidelity and Guaranty Insurance Company St. Paul Guardian Insu Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insur State of Maryland City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary On this 1st day of December 1999 , before me, the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the ,names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 13th day of July, 2002. REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7-2000 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company’, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. 2001 IN TESTIMONY WHEREOF, I hereunto set my hand this 14~~ day of DECEMFBR ~~~~ Thomas E. Huibregtse, Assistant Secretary To verifr the authenticity of this Power of Attorney, call l-800- ey clerk. Please refer to the Power of Attorney number, the above-named individuals and the details of the bond to whr . . /L CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego 31~ 12/14/01 before me, Nicki Edwards, Notary Public, personally appeared John T. Dole, 8 personally known to me -QR+ 3 to be the person&j whose name(;d( is/&e subscribed to the within instrument and acknowledged to me that he/she&hay executed the same in his/he&&& authorized capacity(igs), and that by his/Mr signature@ on the instrument the person@$, or the entity upon behalf of which the person@ cted, executed the instrument. WITNESS my hand and official seal. ,i @h’ fdtiauce Signature of Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent Fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 1 INDIVIDUAL 1 CORPORATE OFFICER 1 PARTNER(S) 0 LIMITED 8 ATTORNEY-IN-FACT 1 TRUSTEE(S) 1 GUARDIAN/CONSERVATOR 3THER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(IES) Seaboard Surety Company CA-ICW 24 (7100) /c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Dkm 1 ss. d?k&HSd~(t,zdoI , before me, Date ’ personally appeared 9 personally known to me to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that j&Xe/they executed the same in m&/their authorized capacity(ies), and that by b&t&/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer 0 Individual 0 Corporate Officer - Title(s): q Attorney in Fact Cl Trustee 0,999 Natiina, Notary Associai~on .9350 De Sot0 Ave., P.O. Box 2402 *Chatsworth. CA 91313-2402 * wW.natmakot.Worg Prod No. 5907 Reorder: Call Toll-Free I-600-676-6627 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Cartsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called “City” and “Contractor” and whose address is hereinafter called whose address is called “Escrow Agent.” hereinafter For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the contractor has the option to deposit securities with the’Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for Ranch0 Santa Fe Road North, Phase 1 (Clearing and Grubbing), Contract No. 3190 in the amount of dated (hereinafter referred to as the “Contract”). Alternatively, on written request of the contractor, the City shall make payments of the retention earnings directly to the escrow agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the escrow agent in connection with the handling of retentions 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 City and Contractor. Securities shall be held in the name of the , and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the escrow agent, the escrow agent shall hold them for the beneffi of the contractor until such time as the escrow created under this contract is terminated. The contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the escrow agent directly. 4. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 06/l l/99 Contract No. 3190 Page 56 of 100 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days’ written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the CXy certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the contractor pursuant to sections (1) to (8) inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Tile Name Signature For Contractor: Title Address For Escrow Agent: Name At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this ,Agreement. 08/l i 199 Contract No. 3190 Page 57 of 100 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: For Contractor: For Escrow Agent: Tile Name Signature Address Title Name Signature Address Title Name Signature Address NW w 08/l l/99 Contract No. 3190 Page 58 of 100 Pages SPECIAL PROVISIONS FOR RANCH0 SANTA FE ROAD NORTH, PHASE 1 (CLEARING) CONTRACT NO. 3190 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1 GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS I-l TERMS Add the following section: l-l.1 Reference to Drawings. Where words “shown”, “indicated”, “detailed”, “noted”, “scheduled”, or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-l .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: l-l.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: l-l.4 Perform. The word “perform” shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, induding 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. l-2 DEPINITIONS Modii as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency -the City of Carl&ad, California e’ w 06/l 1199 Contract No. 3190 Paae 59 of 100 Paaes City Council -the City Council of the City of Carlsbad. City Manager-the City Manager of the City of Carlsbad or his/her approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 “own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor’s Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor -Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent nor employee of the Agency or a public utility. Public Works Manager-the Engineer’s designated representative for inspection, contract administration and second level for informal dispute resolution. Construction Manager - the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. 13 ABBREVIATIONS 143.2 Common Usage. add the following: Abbreviation Word or Words AB ............................................ .Abandon ADA ......................................... Americans with Disabilities Act Apts . ........................................ Apartment and Apartments ARVV ....................................... Air Release and Vacuum Relief Valve ARVV ........................................ Air Release and Vacuum Release Assembly AVE .......................................... Avenue BC ............................................ Beginning Curve or Box to Conduit Bldg .......................................... Building and Buildings BMP .......................................... Best Management Practice BO ............................................ Blowoff Assembly C ............................................... Conduit CfS ............................................. cubic feet per second CHKD ....................................... Checked ............................................. CchP Class .......................................... Corrugated Metal Pipe CMWD ...................................... Carl&ad Municipal Water District comm ....................................... CON ...... . .................................. Conductor .. CSSD ....................................... Car&ad Supplemental Standard Drawings 08/l l/96 Contract No. 3190 Page 60 of 100 Pages . DI ............................................. Ductile Iron DIM .......................................... Dimension DIP ........................................... Ductile Iron Pipe DLC .......................................... Detector Loop Cable DR ............................................ Dimension Ratio DWN ........................................ Drawn E ............................................... East E ............................................... Electric EB ............................................ East Bound ELL ........................................... ‘L’ Shaped Elbow ESA .......................................... Environmentally Sensitive Area et seq ....................................... et sequens - and the following ......................................... Edge of traveled way: outside edge of roadway for the movement of vehicles, exclusive of shoulders EVPE ....................................... Emergency Vehicle Pre-emption Equipment EX ............................................ Existing EXP .......................................... Expires FIP ........................................... Female Iron Pipe FLG .......................................... Flange b ............................................ feet per second .............................................. GW gal ............................................ Gallon and Gallons ............................................ ::V Grade Break ......................................... Ground Not Visible gpm .......................................... gallons per minute HCP ......................................... Habit Conservation Plan IE .............................................. Invert Elevation IISNS ........................................ Internally Illuminated Street Name Sign IMPR ........................................ Improvements LCWD ...................................... ‘LMA Leucadia County Water District ............... . .......................... Lintvedt, McCall & Associates LOC .......................................... Location LUM ......................................... Luminaire LT ............................................. Left MAR ......................................... Manual Air Release Valve MILS ......................................... Millimeters MIN .......................................... Minimum MIP ........................................... Male Iron Pipe MSL .................................... ..t ... Mean Sea Level (see Regional Standard Drawing M-l 2) MTBM ...................................... Microtunneling Boring Machine N .............................................. North NB ............................................ North Bound NCTD ....................................... North County Transit District NTS .......................................... Not to Scale & ............................................ Number ........................................... Original Ground OHE ......................................... Overhead Electric OMWD ................... ..T ............... Olivenhain Municipal Water District PCP .......................................... Plastic Corrugated Pipe Type C PG ............................................ Profile Grade PPB .......................................... Pedestrian Pushbutton Lv” ............................................ Pressure Reducing ............................................ PrcgnmweVi PVC-PP .................................... Polyvinyl Chloride - Pressure Pipe REC ......................................... Recorded 06111 I99 Contract No. 3190 Paae 61 of 100 Paaes . ROW ........................................ Right-of-Way RS ............................................ Remove and Salvage RT ............................................. RVWD Right ...................................... Reviewed RWGV ...................................... Resilient Wedge Gate Valve E ............................................... Sewer or Slope, as applicable ............................................... South ............................................. ZH South Bound .......................................... Schedule SCH .......................................... Splice Conductors SDNR ....................................... San Diego Northern Railway SDRSD ..................................... San Diego Regional Standard Drawing(s) ............................................. SSEM Sand Equivalent .......................................... Sewer Force Main SHLDR ..................................... Shoulder; portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses SIG ........................................... Signal SWPPP .................................... Storm Water Pollution Prevention Plan .. .......................................... %!A PT Square ..................................... Station Point ............................................. ET Street .......................................... Slip by Thread T ............................................... Tangent T ............................................... Telephone T ............................................... Thickness related to a specific detail TEE .......................................... T Shaped TP ............................................. Top of Pipe ............................................ KID Underground Electric ......................................... Vallecitos Water District W ............................................... Water, Wider or Width, as applicable W .............................................. West WB ........................................... West Bound WI ............................................. With X ............................................... A dimension related to a specific detail ............................................... ;R A dimension related to a specific detail ............................................. Year . Delete the following section and add the following: l-4.1 General. The U.S. Standard Measures, also called U.S. Customary System, is the principal ’ measurement system in these specifications and shall be used for construction. The Standard Specifications includes the International System of Units, also referred to as the SI or metric system and U.S. Standard Measures in parenthesis. The U.S. Standard Measures and the SI Unites may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 06/l l/99 Contract No. 3190 Page 62 of 100 Pages SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS 2-3.1 General. Add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 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 organitation. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in, advance of the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACTBONDS Modify the second sentence of paragraph one as follows: Delete, “who is listed in the latest version of U.S. Department of Treasury Circular 570,“. . Modify paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than fwe million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after rewrdation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer’s certificate as defined in Section 173 of the Corporations Code. in the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. s!i PLAf4sA!u0sPE~Tlous 2-5.1 General. Add the following: The specifications for the work include the Standard Specifications 06/l 1199 Contract No. 3190 Paqe 63 of 100 Paaes for Public Works Construction, (SSPWC), 2000 Edition, hereinafter designated “SSPWC”, as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of 1 set. The set is designated as City of Carlsbad Drawing No. 36&2A, and consists of 22 sheets. 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 ediiions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad, the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District, and other reference standards listed below. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. 2-5.1 .l Reference Specifications. Standards listed as “Reference Specifications” in the various sections of these contract documents are hereby incorporated into this specification by reference. Referenced documents shall include all revisions, amendments, supplements or addenda issued on or before the date of advertising for bids. The Carl&ad Municipal Water District Standards, Reclaimed Rules and Regulations for Construction of Reclaimed Water Mains, and Standard Drawings, latest edition at time of bid receipt, are incorporated into these contract documents by their reference herein and will be enforced unless superseded by the project specifications or specific details of the contract documents. The Vallecitos Water District Standard Specification for Construction of Water and Sewer Facilities and Approved Material List, latest edition at time of bid receipt, are incorporated into these contract documents by their reference herein and will be enforced unless superseded by the project specifications or specific details of the contract documents. The Oliienhain Municipal Water District Standard Specifications and Drawings for the Construction of Water Mains and Faciiiies, latest edition at the time of bid receipt, are hereby incorporated into these contract documents by their reference herein and will be enforced unless superseded by the project specifications or specific details of the contract documents. The Leucadia County Water District, Division 2, Sewer System Standard Specifications, latest edition at the time of bid receipt, are hereby in-rated into these contract documents by their reference herein and will be enforced unless superseded by the project specifications or specific details of the contract documents. 2-5.2 Precedence of Contract pocuments. Modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent . edition of the following documents listed in order of highest to lowest precedence: 1. Permits from other agencies as may be required by law. 32: Special Provisions. Plans. 4. Standard Plans and Specifications. A. City of Cartsbad Supplemental Standard Drawings. : City of Carlsbad Modifications to the San Diego Area Regional Standard Drawings. D: San Diego Area Regional Standard Drawings. State of California Department of Transportation Standard Plans. i Standard Specifications for Public Works Construction. 7: Reference Specifications. 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 a ’ w 06/l l/99 Contract No. 3190 PaQe 64 of 100 Pages general plans. 2-5.3.3 Submittals. Add the following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label ‘4-C’ would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor’s letterhead. The Letter of transmittal shall contain the following: 1) Project title and contract number. 2) Number of complete sets. 3) Contractor’s certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer’s review, submittals and shop drawings shall bear the Contractor’s certification that the Contractor has reviewed, checked, and approved the submittals and 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 and shop drawings: “I hereby certify that the (equipment, material) shown and marked in this submittal / shop drawing 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 review.” Date: Company Name: 2-7 SUBSURFACE DATA Add the following: A geotechnical investigation of the type of soils to be encountered along the proposed alignment has been performed for the purpose of assisting in the design of the planned improvements. A geotechnical investigation report, dated April 30, 1999, was developed for this project by Agra Earth and Environmental, Inc., and is available for review at the City. 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 authorised 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 Suweyor shall file comer record(s) as required by $9 6772 and 6773, et seg. of the California Business and Professions Code. nGlllwa Contract No 31 qn Pat-Y fv of 7of-l Pw?PS Add the following section: 2-9.2 Survey Service. Clearing stakes will be set by the Engineer at approximately 50’ intervals approximately 15’ outside the limits of clearing. Clearing stakes shall be preserved by the Contractor throughout the duration of the project. Contractor shall notify the Engineer in writing at least 15 working days before clearing stakes will be required. 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 audii, 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. 242 COORDlNAllON WITH UTILITIES Contractor shall notify utility 72 hours before commencing any work directly or indirectly affecting utility facilities. Contractor shall protect existing underground utilities. Electrical utility companies may maintain energized aerial electrical power lines in immediate vicinity of Work. Do not consider these lines to be insulated. Construction personnel working near these lines are exposed to an extreme hazard from electrica~shock. Contractors, their employees and construction personnel working on this project must be warned of the danger and instructed to take adequate protective measures, in&ding maintaining a minimum of 10 feet clearance between lines and construction equipment and personnel. !See OSHA Std. 192655O(A)15). 06tl l/99 Contract No. 3190 Page 66 of 100 Pages SECTION 3 - CHANGES IN WORK 3-l GENERAL. Add the following: For changes regarding improvements, submit written details and reasons for proposed deviations from Contract Documents. Do not deviate from contract documents until written authoritation is received. 3-2 CHANGES INITIATED BY THE AGENCY 3-2.2.1 Contract Unit prices. Add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK 3-3.2.2 ( c ) Tool and Equipment Rental. Second paragraph, modify as follows: Regardless of ownership, the rates, right-of-way delay factors, and labor surcharge to be used in detenining 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. 3-3.2.3 Markup. Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profit: 1) Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 2) Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3) Equipment Rental . . . . . . . . . . . . . . . . . . . 15 4) Other items and Expenditures . . 15 To the sum of the costs and markups provided for in this section,. 1 percent shall be added as compensation for bonding. (W 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. 83.3 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, and the Engineer approves them. 3-4 CHANGED CONDITIONS Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, or to any claim that is based ofl-in~uemnsQfcomputationasto wntfacrguantities.Ttle~no(iesof potential claim for changed wndiions 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 # 06/l 1 I99 Contract No. 3190 Page 67 of 100 Pages Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. , The Contractor shall provide the City with a written 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 sewice 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-l 2655. ‘The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City’s proposed final estimate in order for it to be further considered.” By: Title: Date: Company Name: The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK Add the following: The Contractor shall give the agency written notice of potential claim prior to wmmencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Public Works Manager 4. Pubfic Works Director 5. 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 City will, within ‘10 working days ‘of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request addiional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor’s presentation of its report. The .Contractor may appeal each level’s position up to the City Manager after which ‘the Contractor may ’ a 8 w 06/l l/99 Con&act No. 3190 Pa@ 68 of 100 Pages 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 6375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTlON CLAIMS 20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand dollars (6375,000) or I ess 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, (8) 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. 29104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(l) For claims of less than f@ thousand dollars (!$50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information .is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(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 . . . -*upan- l5gTwmmdtt?etocalagencyandtlledaimarrt. (3) The local agency’s written response to the claim, as further documented, shall be submitted to the a’ w 06/l 1 f99 Contract No. 3190 . Page 69 of 100 Pages 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. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Tile 1 of the Government Code. 20104.4. The folloiving 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, follovvfng 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, notwithstanding Section 1141 .ll of that code. The Civil Discovery Act of 1966 (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 addiion to Chapter 2.5 (commencing with Section 1141 .lO) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbiiation 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 attome)rs 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. * I 06/l l/99 Comact No. 3190 Page 70 of 100 Pages 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise 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. 06111199 Contract No. 3190 Paae 71 of 100 Paaes . SECTION 4 - CONTROL OF MATERIALS 41 MATERIALS AND WORKMANSHIP 4-1.3.1 General. Add the following: Work shall conform to Federal, State and local building codes, electrical codes, fire codes, mechanical codes and plumbing codes, and to Occupational Safety and Health Act (OSHA) Regulations. Nothing in Contract Documents shall be interpreted as permission or direction to violate any governing code or ordinance. Notify Engineer of time and place of shop tests 5 working days before they begin. Complete manufacturing operations, checks, adjustments and tests before factory inspection. The Engineer will inspect products after delivery and throughout construction process. Products will be subject to rejection at any time on account of failure to meet Contract Documents even though samples may have been accepted as satisfactory at place of manufacture. Before backfilling, request inspection by the Engineer to verify proper installation of buried work. Before finishing, request inspection by the Engineer to verify that no surfaces to receive product have defects or errors which could result in poor or potentially defective application or cause latent defects in workmanship. 4-l .4 Test of Materials. Add the following: Tests of products shall follow commonly recognized standards of national technical organizations, and specified sampling and testing methods. Engineer may test representative samples of each type and size of product furnished. Failure of samples to pass tests will be deemed sufficient cause to reject entire lot delivered. 4-1.5 Certification. Add the following: A Certificate of Compliance shall be furnished prior to the use of the materials being certified. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects wfth the requirements of the specifications. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate. The form of the Certificate of Compliance and lts disposition shall be as directed by the Engineer. cwlll99 Contract No. 3190 Page 72 of 100 Pages SECTION 5 - UTILITIES 5-6 COOPERATION No Utility Company facilities are anticipated to be relocated as part of this project. However, the Contractor is responsible for coordinating with the following Utility Companies as needed : l l I l l l l l l Vallecitos Water District (VWD). Olivenhain Municipal Water District (OMW D). Carfsbad Municipal Water District (CMWD). Leucadia County Water District (LCWD). San Diego Gas & Electric (SDG&E). Pacific Dell. Cox Communications. Daniels Cablevision Add the following: SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK Add the following section: 61 .l Pre-Constructlon Meeting. Upon execution of the contract, 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 convened. Failure of the Contractor to have the Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 64. 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. 6-2 PROSECUTION OF WORK Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes clearing and grubbing, erosion control and the preparation, implementation and maintenance of a storm water pollution prevention plan. The first order of work will be a submittal for approval of a storm water pollution prevention plan. Time is of the essence for the contract work. Attention is directed to Section 306-13.6 of these supplemental provisions. 06/l 1 I99 Contract No. 3190 Page 73 of 100 Pages Project information signs shall be placed at locations shown on the plans prior to beginning any visible construction. 6-5 TERMIP;(ATlON OF CONTRACT If a lawsuit or proceeding results in a final court order permanently prohibiting work on the project or revoking or invalidating any permit or authorization required to perform work on the project, the City may terminate the contract by providing a Contractor with ten days written notice. In such an event, the Contractors compensations will be limited to the mobilization and preparatory work costs described in Section 9-3.4.1 and the reasonable value, as determined by the Engineer, of any work beyond mobilization and preparation authorized by the City and preformed by the Contractor under this Contract. The City reserves the right to terminate the project before or during construction if a court or permitting agency orders a halt to project construction or interprets a project condition on a manner materially increasing the cost or time of completing the project. The Clty furthermore reserves the right to delay work per Section 6-6 of these Special Provisions. If the City terminates this contract and thereafter eliminates any court or administrative obstacle to proceeding with construction, the City may proceed with the project by m-advertising for bids. b6 DELAYS AND EXTENSIONS OF TIME 6-6.3 Payment for Delays to Contractor. The Contractor will not be compensated for damages incurred because of delays due to requirements of agency permits and the Habitat Conservation Plan. The Contractor is directed to Section 7-5.1 and Section 7-5.3 of these Special Provisions and Appendix A of these specifications. The Contractor will not be compensated for damages incurred because of delays associated with any lawsuits or other proceedings that temporarily prohibit work on the project. This includes, without limitation, the lawsuit entitled Canyon Network, et al. v. Norton, et al., case number 0963, currently pending in the Federal District court in San Diego, California. At the time of bidding the City has not obtained certification of from the Federal Highway Administration of the Environmental Assessment document Finding of No Significant Impacts. This certification is pending. The Contractor shall not be compensated for damages incurred due to delays associated with obtaining permits and environmental certifications necessary for work on this project. This includes, without limitation, certification from the Federal Highway Administration of the Environmental Assessment document Finding of No Significant Impacts (FONSI). . The City reserves the right to delay work on the project before or during construction if a court or permitting agency orders a halt to project construction or interprets a project condition in a manner materially increasing the cost or time of completing the project. The City furthermore reserves the right to terminate the contract per Section 6-5 of these Special Provisions. 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 thecontrador~clofavojdthe~ybyreasonaMemeans shouldthecontractorfail!oQrouidelhe notice(s) required by this section the Contractor ,agrees that no delay has occurred and that it will not submit any claim(s) therefore. e - ‘fs 06/11/99 Contract No. 3190 Page 74 of 100 Pages 6-7 TIME OF COMPLETION Add the following: The Contractor shall diligently prosecute the work to completion within 120 working days after the starting date specified in the Notice to Proceed. G7.2 Working Day. Add the following: Unless othetise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-6 COMPLETION AND ACCEPTANCE Add the following as the last sentence to the third paragraph: Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 69 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 Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of four hundred dollars B4OQ.OO~. Execution of the Contract shall wnstitute agreement by the Agency and Contractor that $400.04 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified wmpletion date shall not constitute a waiver of this paragraph or of any damages. 06111199 Contract No. 3190 Page 75 of 100 Paces SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-l CONTRACTOR’S EQUIPMENT AND FACiLiTiES No equipment storage or material storage shall be allowed within areas designated on plans as HCP areas or ESA areas. No equipment storage or material storage shall be allowed outside of areas to receive grading or improvements. 7-3 LiABiLiTY INSURANCE Add the following: The Contractor, by entering into a contract with the City of Cartsbad (City) for Ranch0 Santa Fe Road North Phase I (Clearing and Grubbing) certifies and guarantees to the City that the insurance which the Contractor furnishes for the contract will provide for the following: 7Re Contractor shall hold ham&s& indemniw and defend the City of Carlsb8d and their wnsultants, and each of their officers, agem3 and employees from any and all Ii&H-y, &I’~, losses oi damage aking out of or al&ad to an&e from the Contracto& neglbence in tha performance of the wolj( dascribed in the wnstruction wntract documents, but not in&ding liability that may be due to the sol8 nagl@ence of the City, theii wnsultants, or their officers, agents and employees. Furthermote, the Contractor shall prvvtie wmprehensiv&wmmarcial general liability insurance, indtiing completed operations and contractual liability, with the latter coverage sufficient to insure the wntracto& indemnity, as above rquirad; and, such insurance will include the City, their wnsuftants, and each of his offi~, agents, and employees as additional insure&. All insurance is to be placed with insurers that have a rating in Best’s Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS’ COMPENSATiON JNSURANCE 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 assist in obtaining, at no cost to the Contractor, all encroachment, right-of-way, and resource agency permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. Add the following section: 7-5.1 Resource Agency Permits. Resource agency permits for the Work are included in Appendix ‘A’ of these supplemental provisions and shall be readily available at worksites at all times during periods of a&iv8 work. The Contractor shall provide a copy of all agency permits to all on site employees and subcontractors. Resource agency permits pertaining to this project include: owl l/99 Contract No. 3190 Page 76 of 100 Pages 1) California Department of Fish and Game permit number SAA #5-142-00 issued in May 2001. 2) California Water Quality Control Board permit number OOC-045 issued on January 8,200l. 3) United States Army Corps of Engineers permit number 200001251 issued on August 24.2000. 4) U.S. Fish & Wildlife Service 10(a) The Contractor shall read Appendix ‘A’ in its entirety prior to initiation of work and require that all employees and subcontractors read Appendix ‘A’ in its entirety. Specific requirements per the permits in Appendix ‘A’ are included in these specifications. However, meeting all conditions of the specifications does not relieve the responsibility of the Contractor to comply with the conditions of the permits and ensure that all appropriate permit conditions are implemented as intended. Add the following: 7-52 Federal, State and Local Pemits. Obtain, pay for, and comply with required pennits, licenses, work permits and authorizations from appropriate agencies, including the following: 1) State and federal penits a. Safety Permit from California Division of Industrial Safety The Contractor shall have these permit(s) on-hand (i.e. issued by the regulatory agency) prior to commencement of construction. 7-5.3 Habitat Conservation Plan. The Work is located in and adjacent to the Habitat Conservation Plan/On-going Multi-Species Plan, herein referred to as the (HCP), area. The HCP provides areas of the City of Carlsbad for preservation and management of coastal sage scrub and other habitats that will sustain and improve biological resources in the City of Carlsbad. The boundaries of the HCP area are as shown in the plans. The Habitat Conservation Plan/Ongoing Multi Species Plan for Properties in the Southeast Quadrant of the City of Car&bad, California, Volume I dated June 1995 is available for review at the Cii. Some of the requirements of the HCP are included in these specifications. However, meeting all conditions of the specifications is the responsibility of the Contractor. The Contractor shall comply with the conditions of the HCP and ensure that all appropriate HCP conditions are implemented as intended. 7-53.1 Nest Site Protection. No clearing and grubbing or grading Work shall occur between February 15 and July 31 if the Engineer’s biologist determines that gnatcatchers occupy habitat adjacent to the Work area. The presence of occupied habitat shall be determined by the Engineer’s biologist prior to February 15 of the year in which any clearing and grubbing and grading shall occur. If gnatcatchers are found to inhabit areas adjacent to the Work by the Engineer’s biologist, clearing and grubbing and grading may occur prior to July 31 if the Engineer’s biologist determines that the birds have already successfully fledged young and are no longer actively nesting, and the young have dispersed from the area. No clearing and grubbing or grading Work shall occur within 200 feet of raptor nest sites between February 15 and July 31. The presence of raptor nest sites shall be determined by the Engineer’s biologist prior to February 15 of the year in which any clearing and grubbing and grading shall occur. 7-5.3.2 Controlled Access and Barriers. Prior to commencement of work the Contractor shall place environmental fencing per Section 314-1.1 of these specifications to limit access to conserved habitat. The Contractor shall follow all measures set forth by the Engineer to protect conserved and sensitive habitat. 06/l 1 I99 Contract No. 3190 Page 77 of 100 Pages 7-5.3.3 Noise. If the Engineer’s biologist determines that gnatcatchers occupy habitat per Section 7- 5.3.1, Work that creates excessive noise that may interfere with gnatcatcher breeding or nesting ,as determined by the Engineer’s biologist shall occur only during the non-breeding season, August 1 through February 15. . 7-5.3.4 Storage and Staging Areas. No storage or stockpiling of construction materials shall be located in conserved habitat, and all staging areas for equipment and materials, including but not limited to rock crushing equipment, shall be located as far from conserved habitat as possible. Staging areas and construction sites will be kept as free of trash, refuse, discarded food wrappers, and other waste that might attract small scavengers that prey on gnatcatchers and other sensitive small passerines. Trash containers with animal-resistant lids shall be provided on the site during construction. 7-5.3.5 Monitoring. The Engineer’s biologist shall monitor the habitat adjacent to Work for the duration of Work. The Engineer’s biologist shall monitor excessive accumulations of dust and other disturbance, and erosion control. The Contractor shall take corrective measures at the direction of the Engineer if significant amounts of dust or other materials are determined to be impacting consewed habitat. 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 his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. Add the following: 7-8.1.1 Cleaning During Construction. Maintain areas covered by Contract, adjacent properties, and publii access roads. Keep these areas free from waste, debris and rubbish caused by wnstruction. Conduct cleaning and disposal to wmplywith local ordinances and anti-pollutfon laws. Do not bum or bury rubbish and waste materials on project site. Do not dispose of volatile wastes, such as mineral spirits, oil or paint thinner, in storm or sanitary drains. Do not dispose of wastes into streams or waterways. Provide containers for collection and disposal of waste materials, debris and rubbish. Use only cleaning materials recommended by manufacturer of surface to be cleaned. Contractor shall keep the premises free at all times from accumulations of waste materials and rubbish. Contractor shall provide adequate trash receptacles around the site and shall promptly empty the containers when filled. Volatile wastes shall be properly stored in covered metal containers and removed daily. The work area shall be swept clean of dirt and debris on a daily basis at the end of each work day. Wastes shall not be buried or burned on the site or disposed of into storm drains, sanitary sewers, streams or waterways. All wastes shall be removed from the site and disposed of in a manner complying with local ordinances and anti-pollution laws. Adequate cleanup will be a wndii for recommendation of progress payment applications. Treat access roads and parking areas as needed to control dust and prevent tracking of mud onto paved streets. Use water or dust preventative to control dust. Cover or wet loads of excavated material or rubbish leaving site or of material being imported to prevent blowing dust. Wet down dry materials and rubbish to prevent blowing dust. Mm . Es 06/11/99 Contract No. 3190 Page 78 of 100 Pages Contractor shall clean public access roads to site and remove material falling from haul trucks. - 7-8.4 Sanitation. Add the following: The Contractor shall, at all times, provide for his employees abundant supply of safe drinking water and shall give orders against the use of, for drinking purposes, any water in the vicinity of the work known to be unsafe. The Contractor shall provide suitable and conveniently located temporary toilets for use by his forces. They shall be left at the site until final inspection has been made. 7-85 Temporary Light, Power, and Water. Add the following: Construction water shall be dean and free from objectionable deleterious amounts of acids, alkalis, salts, or organic materials. If water is taken through fire hydrants, use one 2l%inch connection for construction water. Reserve remaining outlets for use by fire department. The Contractor shall be responsible for all costs associated with making arrangements to develop water sources, providing backflow protection and supplying labor and equipment to collect, load, transport, and apply water as needed for compaction, testing, concrete work, dust control, and other wnstructfbn use. 7-8.6 Storm Water Pollution. Prevention. Add the following: The Contractor shall comply with all requirements of the Storm Water Pollution Prevention requirements found elsewhere in these Special Provisions. 7-8.7 Drainage Control. Add the following: Storm water management operations shall be conducted and maintained as needed to prevent runoff or seepage from entering excavations and to control erosion in conformance with Federal, State and local regulations. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carfsbad Municipal Code Chapter 8.48. 7-9 PROTECTiON AND RESTORATiON OF EXISTING IMPROVEMENTS Add the following: Where connections or disruptions have been made to existing work, repair, reactivate, refill and recharge components, restoring them to preconstruction w&ions. Follow procedures of authorities having Ownership or jurisdiction for work involving existing utilities and services. 7-l 0 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. Add the following: Construct and maintain access or haul roads required for project, and personnel movement into and within construction and excavation areas, subject to prior approval by the Engineer. Install and remove earth ramps as needed to protect concrete and asphaft curbs. Areas used for temporary access, haul roads and access from public roads shall be graded and restored to original. 7-10.2 Storage of Equipment and Materials in Public Streets, add the following: Storage yard description shall describe Contractors pmposed methods for dust and noise control in storage areas to satisfaction of the Engineer. lt is the Contractor’s responsibility to secure and provide a staging area (storage yard) for materials and equipment. Property owner’s w&ten approval of storage yard shall be submitted along with City Planning Department permitfor~dprop8rtyus8d~stoMge~forgroject conformb-and~cMditions required by City, Districts or County regulations or permits. a’ Es 06/l 1199 Contract No. 3190 Page 79 of 100 Pages Add the following section: 7-10.4.5 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. 7-10.4.7 Compliance With State Safety Codes. All necessary machinery guards, railings, and other” protective devices shall be provided as specified and/or required by the State of California Division of Industrial Safety and the Occupational Safety and Health Administration. It is assumed that all fabricators, electrical and machinery manufacturers and other equipment suppliers are conversant with such regulations and they shall be responsible for the industrial safety aspects of such equipment. All equipment shall comply with all rules and regulations of the Safety Orders of the State of California Division of Industrial Safety and all local building, plumbing, and electrical codes and ordinances. Safety guards shall be galvanised and painted after fabrication and shall be easily removed to permit inspection, removal and repair of the moving parts. 7-10.4.8 Fire Control. Fire danger shall be minimized at and near construction site. Protect surrounding private property from fire damage resulting from construction operations. 7-10.4.9 Responsibility For Job Sfte Conditions. Contractor agrees that he shall assume sole and complete responsibilii for job site conditions during the course of construction of this project, including safety of all persons and property; that this requirement shall apply continuously and not be limited to normal working hours; and that the Contractor shall defend,. indemnify and hold the City and the design consultant harmless from any and all liability except for that arising from the sole negligence of the City. It is the Contractor% sole responsibilii to protect the safety of employees from -on-related condiions or activities. 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. 08/11/99 ContractNo. Page 80 of 100 Pages SECTION 9 - MEASUREMENT AND PAYMENT 9-l MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 91.1 General. Add the following: Work Not Listed in the Bid Schedule: Costs for related work and appurtenances which are required and/or implied by the General Provisions, Technical Specifications, Special Provisions and Plans and are not listed as a separate bid item but are necessary to complete the project shall be included in the appropriate bid item or items within the proposal. S-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 93.1 General. Delete the fifth paragraph and substitute the following: If Contractor fails to comply with a request of City, or is unable to comply with a request, and it is necessary for City’s forces to do Work that is Contractots responsibility, City will bill Contractor. Each incident requiring work by Citys forces till be covered by a separate billing. Payment for obtaining and complying with permits during construction, including, but not limited to, NPDES permits, building permits, encroachment permits, excavation permits, drilling penits, disposal permits, temporary easements, licenses, inspection fees, and Federal, State and local taxes will be included in prices bid for work for which such costs are appurtenant. Payment for coordinating with agencies, developers, utilities, events and persons described will be included in prices bid for work to which coordination is appurtenant. . Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of rewrdation of the ‘Notice of Completion” 93.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor’s information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicabie 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 City shall make payments within thirty (30) days after receipt of an undisputed and property submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Delete the third paragraph and substitute the following: The Agency shall retain 10 percent of such estimated value of the work done as part security for the fulfillment of the contract by the Contractor, 06/l 1199 Contract No. 3190 Page 81 of 100 Pages except that at any time after 50 percent of the work has been completed, if the Engineer finds that satisfactory progress is being made, the Agency may reduce the total amount being retained from payment pursuant to the above,requirements to 5 percent of the total estimated value of said work and may also reduce the amount retained from any of the remaining partial payments to 5 percent of the estimated value of such work and materials. In addition, on any partial payment made after 95 percent of the work has been completed, the Agency may reduce the amount withheld from payment pursuant to the requirements of this Section to such lesser amounts as the Engineer determines is adequate security for the fulfillment of the balance of the work and other requirements of the contract, but in no event will said amount be reduced to less than 125 percent of the estimated value of the work yet to be completed as determined by the Engineer. Such reduction will only be made upon the written request of the Contractor and shall be approved in writing by the surety on the Performance Bond and by the surety on the Payment Bond. The approval of the surety shall be submitted to the Engineer; the signature of the person executing the approval for the surety shall be properly acknowledged and the power of attorney authorizing the person executing the approval to give such consent must either accompany the document or be on file with the Agency. 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 detem-tined by the Engineer and shall be itemized by the wntract 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 ail 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. 432.1 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 93.2 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. 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 viii consider and determine the Contractor’s daims and tt will be the responsibility of the Contractor to furnish within a reasonable time such further information and details 08/11/99 Contract No. 3190 Page 82 of 100 Pages 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: 43.3.1 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 Mobllization and Preparatory Work. Payment for mobilization and preparatory work will be made at the stipulated lump-sum price bid therefore in the bid schedule. The Contract lump sum price paid for mobilization shall not exceed Jwentv-five thousand dollars ($25.000.00), and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), sixty percent (60%) of the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress payment, an additional forty percent (40%) of the amount bid for mobilization and preparatory work will be allowed therefore. Add the following: 9-35 other Payment for protecting or replacing destroyed monuments, or survey stakes and the cost of replacing such staking will be included in the price bid for items of Work for which alignment or limits must be staked. Payment for verification of field dimensions and utility locations will be included in the price bid for items of work which may require relocation or refitting if field dimensions differ from those shown on plans. Payment for power to be furnished by Contractor for construction use will be included in the price bid for items to which it is appurtenant. Payment under these items will include full compensation for . furnishing labor, products, tools, and equipment and doing work necessary to obtain and distribute power for construction purposes. Payment for dust control, including dust paliiatives and water supply and application will be included in the price bid for items of work for which dust control during construction is appurtenant. Pa~foroosts~singfromfiFeorppeuecltionofficewiwbe~~theprioebidfoc~of work for which fire protection during construction is needed. 06/l 1 I99 Contract No. 3190 Paae 83 of 100 Paaes Payment for noise control facilities will be included in the price bid for items of work where noise control facilities are required during construction. Add the following: 43.6 Final Pay Quantities. When an item of work is designated as (P) or (S-P) in the Engineer’s Estimate, the estimated quantity for that item of work shall be the final pay quantity, unless the dimensions of any portion of that item are revised by the Engineer, or the item or any portion of the item is eliminated. If the dimensions of any portion of the item are revised, and the revisions result in an increase or decrease in the estimated quantity of that item of work, the final pay quantity for the item will be revised in the amount represented by the changes in the dimensions. If a final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item is eliminated, the final pay quantity will be revised in the amount represented by the eliminated portion of the item of work. The estimated quantity for each item of work designated as (P) in the Engineer’s Estimate shall be considered as approximate only, and no guarantee is made that the quantity which can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantity. No allowance will be made in the event that the quantity based on computations does not equal the estimated quantity. In case of discrepancy between the quantity shown in the Engineer’s Estimate for a final pay item and the quantity or summation of quantities for the same item shown on the plans, payment will be based on the quantity shown in the Engineer’s Estimate. e w owl l/99 Contract No. 3190 Pagb 84 of 100 Pages SECTION IO - FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS 1011.01 GENERAL The bidder’s attention is directed to the federal requirements in the proposal section of these special provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid. 10-l .02 SUBCONTRACTOR AND DBE RECORDS. The Contractor shall maintain records of all subcontracts. The records shall show those subcontracts entered into with certified DBE subcontractors and records of materials purchased from certified DBE suppliers. Such records shall show the name and business address of each DBE subcontractor or vendor and the total dollar amount actually paid each DBE subcontractor or vendor. Upon completion of the contract, a summary of these records shall be prepared on ‘Final Report - Utilization of Disadvantaged Business Enterprises - (DBE), First-Tier Subcontractors” (Exhibit 17-F/Form CEM-2402) and certified correct by the Contractor or his authorized representative, and shall be furnished to the Engineer. 1011.03 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS The DBEs listed by the Contractor in response to the requirements in the section of these special provisions entitled ‘Submission of DBE Information, Award, And Execution Of Contract,” which are determined by the Department to be certified DBEs, shall perform the work and supply the materials for which they are listed unless the Contractor has received prior written authorization to perform the work with other forces or to obtain the materials from other sources. Authorization to utilize other forces or sources of materials may be requested for the following reasons: (1) The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the general terms, conditions, plans and specifications for the project, or on the terms of such subcontractor’s or supplier’s written bid, is presented by the Contractor. (2) The listed DBE becomes bankrupt or insolvent. (3) The listed DBE fails or refuses to perform his subcontract or furnish the listed materials. (4) The Contractor stipulated that a bond was a condition of executing a subcontract and the listed DBE subcontractor fails or refuses to meet the bond requirements of the Contractor. (5) The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial accordance with the plans and specifications, or the subcontractor is substantially delaying or disrupting the progress of the work. (6) It would be in the best interest of the State. The Contractor shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of the Contractor) pursuant to prior written authorization of the Engineer. 1 O-1.04 BUY AMERICA REQUIREMENTS. Attention is directed to the “Buy America” requirements of the Surface Transportation Assistance Act of 1962 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1046(a), and the regulations adopted pursuant thereto. In accordance with said law and regulations, ail manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletizedandreducedironoremanufacbredoutsideoftheuni&d~maybe~inthedomestic manufacturing process for such steel ‘and iron materials. The application of coatings, such as epoxy 06111 t99 Contract No. 3190 Page 85 of 100 Pages coating, galvanizing, painting, and any other coating that protects or enhances the value of such steel or iron materials shall be considered a manufacturing process subject to the “Buy America” requirements. A Certificate of Compliance, conforming to the provisions in Section 4-1.5, Certification, of the SSPWC and these Special Provisions, shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall also specifically certify that all manufacturing processes for the materials occurred in the United States, except for the exceptions allowed herein. The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of such materials used does not exceed one-tenth of one percent (0.1%) of the total contract cost or $2,500, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of any foreign steel and iron prior to incorporating such materials into the work. FEDERAL REQUIREMENTS (CONTINUED)- SEE Al-l-ACHED SHEETS. 06/11/99 Contract No. 3190 Page 86 of 100 Pages * ' , '? I -2 . 1 Y i ? LO& ante Procdures Manud Ps&E cb8ckw In8tmttfoar -m 12-E Atucbmeat A SEcIlON 14. FEDERAL REQuIREMENls FOR FED-AID CONS=IRUClION PROJECrS cENERAL.-Tbe~berriapmparcdwiik-ia wbok 0~ in put with Fedd fuadr, and Ebadorr all of the sannes,rulamdrquhionspnrmulgrPcdbytbeFedarlGov- ~t~8ppliabletowokfinmcsdinrvbole~inpritwitb Fakalfrmdrwillrpptytosucbwork Tbe%ajuidCe Rovisious, Fcdaddid Coosmaiot~ Coatma, ‘Tom FXWA 1273,8mitshJdediatbissection14. wbcneverins8idlxquid conuau provisions IvfcraJcu amm8deto-sHAconuJcting of&sr*’ -sm resident cnginecr,’ or -auttJofized f8prualative of tkSH&‘rucb refamcush8uk consmdu,muuzngiaecr^ udetkdinktion I-t.l%oftheSaadadSpecibtiaar PERFORMANCE OF PREVIOUS CO~~.+n ad- ditiO8tOthCpWiSiOl3SillSCCtiOan.-N~ conmu pvisio4 the Co8nstor shall amply with the The bidder shall exsutc the CERTIFICATION WlT?I RE- GARD TO THE PERFORMANCE OF PREVIOUS CON- TRAcrs ORSUBCONTRACTS SUBJECT OPPORTUNIIY CIAJSE ANDTHE FILIN~F=~~ REPORTShatalintbepropcmL Nompstforsub&ttingor assigninpypmionoftbc - in QIECO oft10,ooo wu kcoodacdlmdertheprovidoarofscctiaQvIIoftbe &%?!%%%?i%N rcfktd to above, - -ousmlksssuchKquutis pmposaisubamu8cKu. NON-COLLUSION PROWSION.-lJte pmvishs in this se&m are applicable to alI conuxu except cmeac& ik Faletd u skoadpyprojecrr. rie 23. unmd sa!es code, sutioll 112. rquhs rt*a*col%& tionjrrecahtto oftbc-for p7pbytbCFCddHi wvrktb8tewhbidk Ifif- tor ammau-t aenaod~,~OllbblfOttkpcrros&lI&~ CO@O8tO%VhOdlCOOlUCtiStOk~~eaPiiLinf~ 08 ht.llok eiha 112 as 8 cmil5atioo UDder smtamlt~bysafion nmIlsmta8e8taspamined ofjmjmyntbuth8D8sr iatbepnspod. USC. sec. 1746, is iucMed PARTICIPATXON BY DISADVANTAGED BUSINESS EN- yRPoIs~S wBCONTRAmNG+m 26, Jii -49, Pulbalt satioas %@-- applia to ths Fakd-d pqea s8lfKodeafeirrorponosdi8prrtori8its Pltktywitbinothersatlonsofthac~pfovisionr. Scbaluk B-Informrtiou for Detcmkiig Johat Vamm Eli- ’ giiility Ezdcd not be fillal in if rll joint vamm firtnr UT I. Nlmc of joint vamm 2. Address ofjoint vcntm 3. Pbonc number ofjoint valtwc 4. Identifjf the ftrmr which anprise the joint veat)pr (The DEE parma must complctc Scbdule A) L Dcmii the role oftbc DBE iinn in the joint vaxurc. b.Dcsuh ycy briefly the eqahacc aad business qxdlktioas of mda noa-DBE joint vamx 6.Pmidercopyofrhejoiutvcnture8pwnau f.wbaistbeclaimd petcamp of DBE owmbip? _ s.olmcdipofjointwoarrr: (nisaecdMtkfikdinif ducnRIali8tbejoiitvaltcre q==nk provided by qu-kl 6.). . FR-I LPPOl-04 Pqc 1245 M8rch 15,200l , ExIIlBIT 12-E Attachmtat A Loal Assistance Procdura Manual P&SE Checklist Instructions L Pmfit and loss shaliIl& b. Capital contribution& including equipment c. Otba applicable ownwhip intaesu 9. Control of and participation in this con- Identify by nunt. ma, scq and “fim’ those individwls (and their titles) 410 8re mponsiik for day-tcuiay vt and polio decision m&ing. including, but noOt luruted to, those with prime wqnxsibility for: L Fiuancial daisions b. Management decisions, such as: 1. Estimahg 3.HiigaDdiilingof =wt--paro=l - 4. FWcbsing of major itans or supplies c Supavision of field opaations Note.+ afta filing tbis Scbeduk B and before the comple- tion of tbe joint venture’s work on the conuact covaed by this rquktion. there is ally signifkaat chaoge in the infomation submitted, the joint vmture must infotm tbe pta, eitha di- rectlyortbroughtbcprimeconaactorifrbe~intvcatureisa subconmctor. Afflbvit The undersigned swear th8t the f&going smmnents arc cor- ratmdincMeaulxmtc&linformatioa naasq to iden@ and explain the tams and @on of our joint vcoture and tbe hauled puticiption by OEh joint venturer in the uadataking. Futba, the undasigned covamt and agee to provide tc mm nrmas colnplete 8nd wemate inful7Imtica mgalding a- nuljoiotvcnturrworkmdtbcpryment~atfor~ray~ posed hga in my of the joint vamxre vts rod to pcmitthemditand eUuni&ooofthcboolcqluordsrodfila of the joint vcnrurq or those of ach joint vqltura reievent to the joint wnture, by autbokai rcprwntatives of the grantee or the Fedcnl funding agency. .by mr(airl miaepresentation Ml be gmnds for taminating my coaaxt wbicb nuy be awarded and for initiating action unda Fcdcnl or State laws Concerning tilse stafanen&” FR-2 -..-.....-..-.........---“~~.-~.....*.-.-*- . . . . . . . . . . . . . ..I..... Name of Firm Name of Firm r.-...-......+........~..-..~“..-.-~...~..~......-..-.~.-.~-........~........ Signanxc Signature .--........ -.-.. I...... NUIK NUlK -.I.-........--- DatC Due -* Da state of comy of ontbis~ day of . 19-N before me lppeved 0 l to w P--llY Imown, who, being duly sworn,, did exaute tbe foregoing ti- dwis and did state t& be or she wlz proper& rutborized by (Nuaeoffiml) ‘. toexautethe af?idwitanddidsoasbisorba&eeutmdd&d Notary Public conlInMoaexpircr rsafl sotc of count of on this -QYOf ,19,beforew rppeued (N=w to me pasodly known, who. being duly sworn,, did execute the foregoing afIidatiL and didstatethathcorskmspropalyaudkzedby(Nuncof fiml to exaute tbe lmdavit anddidsoashisorhafrecactmddeed. Notary Public COmlkSSion expires w=~l Page 12-66 M8Xh 15,200l LPP 01-w . 1 ,-f i 3 i 7 L sr i P i m 9 ? 1 ? LouI &$&t8ncc ProccdItra M8nu81 Ps&E cbeckKs& Ixlstrucdons -m 12-E Attachment B REQUIRED CONTRACT PROVISIONS FEDERAGADD CONSTRUCTTON COKl(aACI’S (Exclttsive of Appahchian Contmts) L XL RL xv. tk VK F x XL HI. PW 3 NOtdhhhdOll 3 F-y FaciJiti.es 5 pmkmmmed Mioimutn wage. “- 6 %tCtMUS Ud P8yrOb 8 Raud ofMat&&, S&ii md kbq 9 subkuiog or Msigoing the cmtmct 9 safq AaidauPreveotion 10 Fake Smmnaus Comxaaiug Highway Rc+t-. 10 ImplaaamtioaofClaaAirActmdForlad Water Polhaion contml Act 10 catif5atiotJRcspdinll~ SwpQdoo. lneIigi%&y. rod Voloomy Ex&sioa 11 CatiScation Re@ing Use of Coama Funds for Lobbyine 12 AflAcHhENTs 00tbCCOlltMbytbeCOOlWtCf%OWllOfgUUUO auismnu of wodrm under ,&he -*s imaawe sopainmndeooe8odm8u~~aatbe-by piaewo&sationworkorbyruOnrna 4.AbmcboftbefollowiagclausesoftbeRcquidbrrma PlQvirionsol8yAlsokglumdsfor- 29 CFR 5.12: rrplwidalm saxionI.~b2; satioo Jv, pmgrqhs 1. $3.4, sod 7; SaxionV,pmgmphtldttlmlgh2& drnccwith~ln-dmsoftbe ~utlkthiatp~S,6.a~d7. of tbor @oL) ttlischseilKMedispotubclwea withintllernullh of contnaos (Or any 0 f its ~l=f==w and the -outing rgcacy, the DOL or the commcmr’s anployms or their qmsamtiva 6. Sekdeu of La&r: During the pcrfbrmrnct thCCaaavUrrrhlItl0t of this ammic& rdisaeme ~kborhmlmyotbasptsMMc’~ or tdtory of the Uoitd Smtrs (except for employmeat Prcrcrracc k Apprluhb CpnarCq wbaa appliablc, as sp=ifiaiiaAttadmotA),or~ b.anployamiakborfixmy tbcpr0jaztmicrritiskb0r WithiOtbClimilSOf COOViC5WbOUtOn pamle, supavid rclasc, or pdmion IL NONDISCRMINATION (Appiiuble to dl Faiaal-aid coosmaioo comwts ad to u mktedsubanmmoftlO,OOOamorr) 29cFR#30millaqmd (42 U&C X2101 et seq.) se& ~pqdqhi2SScFR~5& cantionofthiscootnqthec0Ileactoragrccst0 fiewiogmioimmo Tfi lywitlltile spaifkreYpdomtraivitiaof 0: ~TbCCOOlXtCKWiXlWO&WitbthCShtChigbW8yyCwy (SHA) and the Faktal Govamaltblan)ringoutEEo0bli- g&msmdintbeirtimofhiirctivltialmdcrtbccon- tnd b.Tbe cmuator ml1 accept u his opcntino poiiky the Lllowing smtalmt 2EEoomar:Tbec0ntr8a0fvill~ga8tc~~ known to the SHA connaaiog officas an EEO Oltka who will have the msponsiiili~ for ad must be aprbk Of cirktiveiy FR-3 P8ge 1247 LPP 01-04 M8rcb 15,2OOI EYCHDIT 12-E Attachment B Loal Asdstmcc Procedura Mnnud PS&E Checklist Instntctlons sdministcring and promoting an active tontmctor prognm of EEO and who must be assigcd adequate authority and responsibiliry 10 do so. 3. Disstminadon of Policy: All members of the ctmaaor’s stpffwbo arc mtboeed to hire, supemis, promote, md discharge cmployces, OT who recommend such a&n, or who are substantially involved in such action, will be made fully cogninnt of. and will impiemcnt, the con-‘s EEO policy and contnctual rcspo&iilitia to provide EBO in acb @e and classiflc8tiM of anploymalt To ensure that tbe above agreement will be me& the following AotIs will be taken as a minimum: L Pti0dic matings of sllphsory ad .pmonnel office unploytes will be conducted before the start of work and then not less ofkn than Once every six monrhs. at which time tbc conuat&s EEO policy and its implententrtion will be re- view4 ad explained The meetings will be cooductcd by the EEO officer. b. All new supervisory or personnel office employees will be given 8 dloruugh iod o&nation by the !ZEO officer, covering alI major rrpeas of the contractor’s EEO obiigarkns within thiny days following their mp0rting for duty with the umttactor. c. AU pasonnel wbo UT agaged in direct rcuuinncnt for the projat will be insmxmd by the BBO O&cr in the conuxtor’s procuturu for loating and hiring minority pup anployar ._ d.Notica sod posters setdog fix& rbe coomctor’s EiO - . . policy will he pkod in 8rcas readily 8ccessible to cmployeer, 7 applicana for employment and potential anpioyocs. c The cootc8uor’s &O policy and the pmcakcs to in+ planatt such poiicy wii be br0ught to the 8ttcntion of an- ployeesby-ofrneain~cmployec-4orotba -=a=. Cotl~winkhldCitl~1~ 4.Rantitmtntr What advc+g for kq&~m 2 yowll: :Aa Eqaul oppoedy Employa.’ All such adva- trsanalBwiUkph0cdmpublic&onsh8vingrlrgechuIl8uon ~oDgmjlDOriygroPprintbearubmwbicbtheprojatwodc ibrce would nomdly be derived a prime anpl0yoe rcfaraI sourea likely to yield qualified minority group appIicsn* To wd this nquiremens the conuaotor will identify s0umcs of potential minority group anploy~q sod establish with such identified sotuccs pmahlres wbeby minoriry group rppticams may be rcfad to tbc conuacmr for employmart consideration. b. h the event the cormactor has a valid bug+ng wt providing for exciusive hiring hail refe& &=G obsavctheprovisionsofthuagmemen sysrem pennils the tootruzoI*s annpliancc with EBO collnact proyisioar (-I-he DOL has held tbat where implancnmtion of such malts baw tbe effat of di . - - g against minori!iu or wonm. or obligates the contmctor to do the same, such @kmamrion violuu Exaudve Orda 11246, as -=jW cl-he coomcmr will mcouragc his present employees to Fom1273-Rkud~.~ O&07-% TIM refer minority pup 8pplicano for CItIpiO~t. Information 8nd procedures witb mgvd to rcfening minority group applicants will be discussed with CRIP~OYCCS. 5. Personnel Actions: Wages. working conditions, and employee benefits shall be established and administcrrd, and personnel actions of every type, including hiring upgnding promotion, txansfer, demotion, Iryoff. and termination, shall be taken withour regard to ncc, color, religion, sex, national origin, age or disability. The following pro~edurcs shall be followed: a. The conmctor will conduct periodic inspections of project sites to ensure that working conditions and employee thcilitics do not indicate d’ tsahinatoy UeaBmnt of projest site pmoMCi. . b. The connactor will paiodially evlluatc the spread of wag-u paid within each classifiation to determine any evidence ofdrscriminrtorywagepnuiccs c. The cootmctor will periodically review selectal pcmonnel a&nsindcpthtodemnninewhetherthercisevidcnccof discrimination. Where evidence is found. the c0n- will promptly rake cormctivc action. If the r&w indicates that the discrimination may extend beyond the actions review& such con-ative aceon &all include au afkted penoos. d. The connactor will promptly investigate all complaints of agal diixhidoa made to rhe coonactor ill coonarion with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrcctiw action within a ras0uable time. If rile invufigsfifm indicates that tbe diioo may 8f%ct prsons otba thal tbeemlplainaos such comctive action shall include such other persons. upon completion of each investigation, the umtmctor will inform evay colnplainant of all of his avenues of 8ppeaL 6. Tdniog and Promotion: aThccomnuorwiRassistinJoat&q4@ing,and increasing the skills of mioority group and women anployca, and appliauts for anpIoymart b. Con&tent with the coo-‘s wotk force requimments and as mile rmder Federal aud State rcgukions, the wn-sballm8kefulluseofnriningplv~i.e, appratices@, and on-&job 8&ing progrmm ographical ITQ of contmct w wbae f%i% perccBtofappraaiccsortieesin&ocfflpuioasb8llkia thcirrimtyurofappralticcship0rtmiuing krthecvulta spaid provisioo fw mining is provided under this con- thissu~hwillksupenededrsindiamdinthespaial pr0vision. c. The con-or will 8dvisc employees and appliano for employment of available tzaioing prom and en- rc- quirancnts for ach I 6 The conuactor will pcriodiaily review the Usbring and promotion potential of minority group and women employees and will axounge eligible employees to apply for such training and promotion. Pngt 1248 March 15,200X LPP 0144 7 ‘f t 7 ! ‘1 L 7 1 9 I . . ., f 7 I 7 -1 Assfstmce Procedures Manual pm cbeckm Iastmacdoas -IT 12-E AttWhmcat B mpioyea. ktionsbytbeconmctoreithadirsttyorthnwgba conmctor’s 8$s&8tioo Jcriag 8s agent will ioclude tbc pnxuium setfortbklow rTbecomctorwilluscbestdiomtodcvclop,incoop cmtion titb tbc unions+ joint hthg prOm rimed towad m&J qkmIi* motr minority oroup manbas 8ad e for ipintbeunionsrad inaasing tbc skii of minority group cmployccs md women so thu they ttmy qulm for bigba pr~anpioymeat b.TlwconmctorwilJ usebcsteSmstoincotpa&an EEO c~iDrOercblnrion8~ttotbceodthtnrch~ioowill kconmmdybouttdtorcfalppliantswitbout~totbeir rice, cola, rdigiola# m. ll8tioMl origi& 8gc a disbility. CTbCCOIlU8CtaiStOObf8iO-Ott8StOtbCrrfanl prStkcsrrdpol~esofthel8borrrniorrexccptth8ttotbcextalt such iafonrmtioo .is witbin tk atclurivc poss&cm of the hbor tmiotl8ndsucbkborunionrrfuKImnunisbMcbinfonauion tOtbC-*tbCCOOtl8CWSbdlSOcertifyt.OtbCSH.A8Dd sbdlsetf&tbwb8tdTbrahvcbealmdctoobminsucb illfhmdm. 6lorbeevcnttbeutliooblmrbkmpro*tbetontmcmr withanSsotmbkflowof~mdwomcnrrfmrLwithiD tbetitneutaitsufkrbitlti?cconsaivt~8gtmml~ rbecoo!morwilltbtwgbmdcpcrrdcnt~dbra~fill b sduth of sobantncton, hoauanmt of Mstaials and Le8singofEqniplImlc nJecooaaamrhllmdiraimiout thegrormbofrrcr.cola,rcligio4ur.opioMl0ri**~ dimb~tyintbosckaio88ndrctaltjonofsubconoraorr, iDcludhg~tofmrtairb8adleuerofsquipmal~ r7bccoa-s&lla~8Ilpotmfkf~8tld supplias of his&a EEO obiiguioas uada this amtmck b.DitdvmPgadb&essmtaphs(DBE),rrd&ttedia49 ojlpmdytoalmpaefk8nd lxxmmorcDtcninm~t torhiscoopvr 7bccon-will’lat8bisbat~torolicit bidshmPldtoutiliiDBEsubcona#orsor~ with maningIW minoriy grwp 8ad fkumk vmtioo emongtbeiranpl consmaionnnns r Contrutas skull obain 1~ of DBE mSHApam8ncL clbtconu8ctorwiiuscbiibateffatato-subcoo- awcorcoJnphna widi tkirEEooblig8tka8 9.~rds md Reportx The comwtor sbdl kaja such aocapr),todocumentcomplLndtitbrbtEEo yanfioUowingcotnpktionofrhccoatrwtwork~~~~ rld8bk 8t rusotmble times 8od pkas hr inspecb’on b)t l “- rhoeed tejmsalruiva of tbe SHA &Id tbc FHWA rTbemcotdskeptbytbccotmctorrhlldoamrcnt~~ foll0Witlg (1)nlc nlunba of minority md Mm-minority m&xp tnanbas8Dd WomcII emjdoyed in acb work ckssinc8tion 00 th pojecs (2)ne pmpas 84 dfom king nude in cooperrtion with tmiorrs. when @iablc to iuumsc attploymait og potttmitia forminotida 8nd m (3)The~andcff&sbeingmakialoath~b~~ tmining. qu&j+ing 2nd up@ing minority 8ad female anpb=%-f (4)The pmsrerr ad dora being mde in soan5ng rbt tcrvjco of DBE subcottuactots or e with tnutlineful minotity Md fdc tepraalmtion 8mong their cmpw- m NONSEGREGATED FACUTIES t82r ( UcabktoaflFdad4dconsmaioncautacamdmd subamaa oft10,ooo arnotc) 8greestb8trbK&tofthisca7ifiationkrviokkmoftkEEO pKwisioasofthiscontna. Tbef7rlnfurtbacatifksth8tao cmploycewillkdakdrcetrop&a@8tekiIitiesoatbc his of sue or disday. b.~~~tl&cdflatioa.tbetam’tcgrrslasdbuiliia’ tnunsMyw8itingroow,wotkrrey-Md ~-08ndorba~~~~jodq kkaroottq8ndobastomgeadrasifqrrqSpukingloq driokiog founoiar, twrution a CaoaDmmcnt ~~~bousittgikilitiesprovidedfor~~~ whicbutsepqwdbycxpiicitditutivt.0r~iaf&scg- rrlptcdot~fbebuisofnct,color,~li~orrioarlwighJgc or dis&ility, krrl,u of Wit, l0Ui CttSot& or otilh Tbt only exceptjon will be for the dhbled whtl the dcuullds for hbility o&de (e.g. disabled p&it&. FoalZ73-bVbd3-9S ow7-H LIP 01-04 P8gt X2-69 March IS.2001 I. I EYCHZSIT 12-E hl AssAstm~t Pr0~cdura Manual Attatbmcot B PS&E Cbtcklist Iosm~ctloos - c. ne contractor a~ that it has obtained or will obtain idaxial cenification from ropored NbConUactors or material suppiicrs prior to l wrd 0 P subc00UaCtS or C0nswnmahon of nmtaiai supply agrcancna of f10,OOO or more and chat it will rcaia web &ficatioas ia ia fila. Iv. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to aI1 Fcdaal-aid CO~SUIJ&OO con- exceeding f2.000 aad to all rclamd subconuaca, aapt for projects located on roadways classified as iocai roads or ruml minor collato15. which are exempt) 1. Generai: rAlimaAwicsandlaborasempioyedorworkinguponrbe site of the work will be paid unconditionally and noI less often than once a week and witbout subsequent deduction or rebate on aay aaount cxapt such payroll deductions as are permitwi by I rrnulations( 9CFR3NksuaibvthcSamawofkborunder & copddM (4OU.C 2%~) the iWi a&ma of wga and bona fide fiingc beaefia (or cash apivakaa tbcrcof) due at time of payamt Tbt paymalt sbau be computed at wage ma i not less t&n those contained in the wage dctamination of tbc Sare&ry of bbor (he “the wage dctamirMon7 which .: ir~cdbaeto~dmrdeaputbercof,rrgvd!asofmy - . . . ,_ wauaad lxlationrbip wbicb m8y be dalgal~ ylstlst= tbe con- or itt subconuactors ~&!?&-ti$ata confomed anda paqpxpb 2 of ctambiioo (iacludiag my additional his Satioo IV .and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at al1 times by tbe conwactor and ia~~mnonutbesiteofbreworkinrprominenr~ aacssiiiepkewbcreitaakaasilysccnbythcwrkcrs. For the puIp0w of this Sation. co&butions made or cos0 reascdly aoticipaed fa b&a fide &ingc benefits unda ktion l(bX2) of the Davis-Bacon Aa 140 US.C276aI on bebalfofk&nwsamccbiiicsaecopddad Iv,~b3b,baeof. &so,fortbeputposcof&isSatioq rcgukconmionslYkdcorcostsiacunulfotm~tbanr wckJypeAod(butwtlaroftaltbaIlquaMy)nndcrplan& fuadqapmgmxqwbicbcovatllepaTticaiarwakiypaio4 acdam?dtokccnlsmdvc~mtdeainauredduriagwch “CdJrpaiod. SuchLborasandmabanicssbaUkpaidthe ~wagentcandfiingcbcneGoonrbcwagcdetcr- mia8aon for tile ciassinatioa of work acrually pafolmcd witboutrcgardtorldll,uccptrrprovidediapamgmp~4and5 ofthis sazioorv. b.~ormazbaaicspaformingwo&inmorctbanone dassificrrioa ol8y be compalsated at the late pcified for acb bdicatioa for tbc time actually worked tbcmn, provided, that ‘I: acclnwiy set forth rbe time spent c.AUrulingsandintaprc&onsoftlxDavis-Bacon&and . . w acrs contained in 29CFR1,3,and5 arc herein 9 trrcorpontedbyrrfacncciatbiscoact FOlElZ73-RWbd3-95 obm9s 2. Chsifiation: a The SH-4 conmaing officer shall require that any class of MOfws or mochnics anployed under the Conmct, wbicb is not iisted in the wage dctcnnination, shall be ciassified in coofonnance with the ‘Dep daamination. b.Tbc conm&ng officer shall approve an additional classification, wage ntc and fringe bcncfio only wbcn the following uittria have been met (I) the work ta be pcrhmd by the additional cwfj- cation rcquatcd is not paformed by a classification in the wtgedcwniwion; (2) the additional clatrifition is utilized in the ara by tie coosmlaionindusay, (3) rbe pmpowd wage ntq in&ding any boa8 fide fringe berMit& bean a rawaable dationsbip to the wage rata coataid in the wge danminuioo; and (4) Witb rrspat to be- WbCl3 WCh 8 clrrsificrtion prwilsintheareainwhichthtworkispcrfomwt. c.lf rbe comactor a subcon- w appqwiuc, the kbaas aad mecbauics (iikaowa) to be employed in the ddi- tioaai ciwsincatioa a tbcir mprcsaltatiws, aad tbc coatmuiag omar ape 011 tbc clraifiatioa and wage me (b&ding t& amount designated for fringe bcndia where appropriate), a report of the action taken &all be salt by the contmcting of&r to the DOL. AdminM of.+e Wage and Hour Division, ?i!i%??: GsHc+ar Mmiaisnuor or eo aahi&d Adammmioa, ‘Gsbiogam, DC. r+qmsalativc, will approve, modify. aiiiwpjm evuy additiomi cktsilicuicm a&a witbia 30 days of mcci$t 8od w adviw the conmuIiag omca or will aotiQ tbc CoalMing offiar witbia tbe 3Oday p&d that addicioaai time is ~&cssIIy. d.latbccvaittbeamtractaasabcoaaucrOrr,8s~ jh&tbehb0reS~mschniCSt0keUlpiOydiIltlXddi- tioaaici8ssinatioaatbeirrcpraeativqaadtbeanmairlg officadonotagraonthepraposedclusifi~orrmdwrlF:nte (ichdiag the amount designated for fiiagc bendi& wbcrc appropriare), the conuaaing ofkr shall rcfa the questions, iacMiag the viL?ws.~ of azl intarsred p#nks and fbe EcomBd&onoftwam~officer,tothc~8gculd Hour Admin&ator for detamiwion. Said e, or aa aatborizal qmwaarivc, will iswe a detumiwion within 30 days of receipt and w advise the contmcting oI%cu or will notify tbc ConBacting omar withia tbe 30day paiod bat edditioaaitimc is nweswly c. The wage rate (including fiiage beda wbcre appq6aw) dctaminedpursuanttopmgqb2cor2dofthisSeaiooIV shalibcpaidtoalIworkasp&xmingwxkintbeaddiknaI classification fkim tbe f?rst day on which work is paforwd in the cksaifiation 3. Papent of Fringe Benefk ~Wbencvcrtbeminimumwagenteprcscriiinrbe~ Uact for a class of laboras or m&anics inciudcs a tinge bat& which is not qrcssed as an hourly rate, the c~lltntlor or subconmctors. as l ppropriue, &all eitba pay tbc benefit c . Pqt 12-70 March 15.2001 LPP 01-W r I 7.7 7 1 4 7 . -. ! : I 7 7 -7 . 1 I 3 I ; I ‘) Locrl &dstaoce Procedures Mama1 EXHIBIT 12-E Ps&E chtddm InstnJctfoDs Attwbment B u arted in the wage detamition OT shall pay motba bona fide friDge baxfit or en hourly case C+iwiaIt tif. b.Iftbecon~ortubconamor,=rqpropriue,doaaot mJrcpeymeatsmrausteeaotbathirdpawn.b~rf~y coasidaesap8Roftbt~afPlyti~~ alnomt of any COB lzesooabiy mticipemd in providing bona fide&iagebend!iuuadcrapLnapro~pnwidaGtbattbe SacrewyofLaborhsfixK4upontbemmarqucstofthc conmcmr, tbu the appliubk s&adds of the Davis&coo Am have bca3 mU Tbc Secrroy of kbor 0my rqairc tbe conuectortosetesidcina~accountassusfortbc a!cetiog of obliguions unda the pkn or prom 4. Apprmtices 8nd Tminca (Program of the U.S. DOL) aad Helpus: L Apprtntiw: (1)ApprchcswillkpcmlittedmwollCatlctrthnrhe prdctamiocdnmfortbcvrorktbypafoIxnaiwbcamyac wbaea coamaaaAb ~gamseuuimaoaprojatia*laali~otbatb8a tbuiawbkbia~isrrgiaao4tbcndosMdw8gc iizy’~&as a rukomnaar’s of tlK joumcynua-kvci rl!@tad~sballIk~ (4) In the crent the Bureau of ApprcnticGbip and Training; oraSmteappruh&ipegaqrrco~izcdbytbcBura~ witbdmws approval of ea eppfmticcship m the conaacmr or wbconmttor will no longer be pamiacd to atiIizt apprtatias at kss than tbt applicable predctamincd ntcfbftbCCUOplfWC~pafanncdbyTCgUkanpl0~ Mtil a0 aaqmble propIn is approwd. b. Thiocat (I) Except a pmhkd ia 29 CFR 5.16, +as will aoz k pamiucdmworkuicrstbaatbepfcdetammsd yo$Jlafamd allias tbey arc employed & ::: ~~druily v in a ppm wbicb.bes received prior ~~MdTsaiaiogAdmmlwM cvidmad W fornql .~~~oti by the DOL. (2)~ruiooftninces myhaecp&xmingworkoatbejobsiteinacessoftbc iii?? uadmtberqis-=dprolyMshUkpaidaot theeppIiablewagentcontbewagedcter&&~ fortbevbQrk~pafonncd (3)Evaytninccmustkpaidetnotiessthotbentc qscilicdmtbeapprwcd~forbiahaimlof (4)IntbecvaltthcEmpl tendTraiuingMminis- mticmwirMmwrzpjxo~0 rmamgprogmQtbecoa- ?--* metor a wbconmetor will no loaga be pamiuod 00 atilizc miaeesatkasfbaatbcapjBiiilepdcMmiacdmtefortbc dpa-bmKdaatiImwapmble~isrpprovod CH- LPP 01-04 Page It-71 March IS, 2001 EXHIBIT 12-E Attachmeat B Lwal Assistance Procedures Manual PS&E Checklist Iastructioos _ ;*r 2 .- -: r. m... cr -. 5. Apprentices and fmiaees (Prognms of the U.S. DOT’): Apprcotica aad akinas wakiag unda apprcnticesbip and skill mining programs which bare been certified by the Scacnry of fraaspahon as promoting EEO in WIIIIC&IY with Feda&tid higbtiy consmxtion progmrns arc not subja to the rquiremcnts of wb 4 of this Section N. The tight time hourly wage rata for apprcatica and trainees under such prom will he establisbcd by the paticuiar propams The ruio of appmxtica and nainets to journeymen skull not be grukr than pamittcd by the tams of the paticuiar prognm 6. wsthboldiag: The SHA &all upon ia own action or upon written request of an autborizcd rcprcwacativc of tbc DOL withbold, or cause to be withbeld,f%mtbcconuacmrorsubcontracmrundathiscontnct oranyotbaFcdaalconorctwi&thesamcpkncconnacmr.or my ocba fedaaUy-asshed contact subjat m Davis-Bacon P=-hl-nq uirawnawbkbisbcidbytbcsrwprimc contMor,asmuchoflheaatuedplymentsoradwlxsrsmay be considaal oaxssay m psy tboras and mab&cs, including appreadas, minea, aad b* anpioycd by rbe conaacmr or auysubamPIcrortbcfull8mountof~~bydle coama. Intbecvcatofhihnmpay8nyiaborcrorrnc&nic, iadadiog aay appmtia, aaiaa, or bcipcr, anpioyed or working ontbesitcoftheworl&ailorp8xtofthew8gcsre@dbytbe CW~tbCSHA coammiog omar may, afta wriual notia m tbccoacmcmr,pkewcbwtioorsolaybeaea%uy m caase the swpalshofaayfurthaprymenS~mgu8laateeoffunb uatii arch violatioas b8ve cawd. 7. Ovatime Rqulnmmtr Nocoamcmrastakmmm~gforroy aayworkwdinwhkbbckbeisanplo)d~~~~m~~ ia exces of40 bows in such wor&edc ~-orgaadrsccivacompenntr bnatamtcoo~ IesJthrrone~dooe-~timahirlbabrdcnttof~yfor~ bo~workedinaccssof4Obouzsinsucbworkeek a woktion: Liability for Unpaid Ww Liquidated Damages Ia tbc event of~yvioLtionoftbeckptesetforthinpurgnph7~vc?~e c0oUwmr and aay subwntmctor rapoasible thmf Sbd be luble to cbe affw!al employee for his&a unpaid wages. in sddition, such colluma ad wk00mc#rr sbdi k Siic m the united Soca(intbctucof~~doaclmdacorrtrvlforrhcDisPiCtof Cohnnbiroraanitoy,m~~ctormslrch~)for liquidateddamages Suchl+d8mddauugessb8llkcomputcd titbrcspcctmcacbiadividuallabora,mccbnniivWcbmz%or guard anpIoycd ia vioiazioa of Ibe cklne se! for& in plmgraph 7. in the,sum of S10 for cacb aknda dry on wbicb such wrequircdorpamiaedmworkinexcessoftbenra iOYee ciizLork week of 40 hours without payment of rbe ova&e wages rquircd bytbcclauscsafo~inpangtapb7. 9. Withholding for Unpaid Wages and Liquidated Dannpa: TbcSHAshaliuponiaom8ctionoruponwitwnrquaof azly autbaid Ejmsaltuivc of the DOL withhold or w to be witbbeid, from any moneys pryable on account of work performed by the contmctor or subconnaccor unda any such contract or any otba Federal conaaet with rbe same prime con@acmr, or any otba fcdaaIly-assisted conaac! subjat m the Conaact Work Hours and Safety Standards AC& which is held by the same prime conaacmr, suchsumsasmaykdaaminedmbcnecestvymsatisfy~y liabilities of such amuacmr or sukon&umr for unpaid wages urd liquidated damages as provided in tbe chw set for& in mph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to ali Fedex&aid collstructj~ contracts ucceding 52,000 aad to all rdatcd subconaacts. except for projars locakd w &ways classifiaJ as local roads or nual coilc~~rs, wbicb an exanpt) 1. Compknce w-ith Copdand Reguhdoas (29 CFR 3): The coamctor &all comply with tbe Copeland Rcguluions of the scacauy of- which VC be&l incorponted by rcflaence. 2. Payrolls and Payroll Records: rPayroi& and basic records relating tbaeto shall be mainaiacd by tbe con- and ucb subconaacmr during the tourstoftbeworlc~dprrsavcdforapaiodof3yMfrom tbe date of compierioo of tbe contract for all laboras, rnabanicr, 8pprentiw uaineer, watchrnm be* and guards workinguthesiteoftbework b.lhepayroliraordsshaIicontaintbcnsmc,rocirlsoxriry numba,and&ksofacbsucbemplop,bisorbacomct ciassifkadon; hourly rpa of v patd @eluding rams of coauhtioas a costs zntkipued for bon8 fide fkinp kndits or cub quitient tbaroftbctypes dcsaii in Sadoo 1@)(2)(B) of tbe Davis Bacoa Act);‘daUy and weekly aumba of bow worked;dcdactionsmrde;and~wagapaid Iaddirion. for App&chian con- tic payroll reatxds shall contaia a notation indicating wbccha rhe employee dw. or d#s 04 nosmally~eintbelaborarcaudefincdiaAmchwn!A, ~h~.wb~~~tbeSccrenryofbb0~p~~~~~rnSe~- tionIV,prrrgnph3b,hufoundthlttbewneerof~~ orme&8niciD&detbemnolmcof8nycosB-ly anticipated in providing kacfia unda a plan or program de&bed in Section 1@)(2)(B) of the Davis Racoo & the coarmctor sod a& subcontractor shall mainpin rcco& which show tbxt The tonrmjmynt m provide web bcaefia is claraable, tbt tbc piaIl OT progmm is -ly =ponsiible, tbUtbCphOCW~l+CCllW namaliatcdiawritingto the Iabacn or mochrua affata$ aad show tbc ~0s rnticipatai or the 8ctual co& kurrcd in providing benefits. Camctas or subcon- employing apprentices or mines aada appmvai prom sb8ll maintain written cvid~ Of the rcgisndooofrpprmtiasaadtrrinea?aad~osindwrgt ma prcwrii in the qpiiuble propunS. Faa Irn--R&3-95 ow%9s Page 12-72 March IS. 2OOi LPP 01-04 LeaI &sistsncc Procedures Manual Psa chocklm Insrructlons ExBlBIT 12-E Attachment B c. Each catmctor and sukonarctor Shdl hi* ach week in which MY coamd work is pufmm4 to the SHA r&dent 7 % 7 -’ 1 1 . 1 ! 1 1 ? argmoa a -payroll of wages- paid cub of it3 anployus s-edonlv,~ht4mds,md- pgaiontidrrrioo~$=-@‘=Wpr;ym~paiod). nJe pap11 s&t&Ted shall su out accumdy Md CoJnpkteIy au of the infomnton muired to be maintained tier p~~lgnph 2b OftbisSationV. Tbisiafonn8tioom8yksubmiuedinmy form de&cd Oprional Fotm m-347 is waikbk for this urposcurdmaykpwhwdfromtbcSupcriatuxkatof L (Feded stock llmnkr 029-00s-w141~ us. Oovannmt Rioting Office, Washingron, D.C. 20402. The prime conmcta is mponsiilc fix tbc submission of copies of paymJt by alI subcoaaactoa dEach payroll submitd sh8lI be vied by a -satancntofcompI~‘signcdbythc-asub- amnauora~8gentwbo ofthcpasoasanpioyedundcr tr ampcwi8etbep8ynunt contrJctMdsh8Il~fythc fOllOWlllg: (1)ttnt the pylQlll idllUUi0n I@odconQinstbe thissation F Md that such i.cdozEe2bAf -=Pb ahldirdy,dthuno &ducliomh8vcboulnmdceitImrdiradya~iiom tbeliluw8gt5arn~otherthenpamin%lededuaionsrs&t fbdlbtkRCgUldlX&WCFR3; c7bcwc&tysubmksionofrpmpcrJycxslnsd-oa safinthonthe mvase tide of Optional Foun WH-347 shall sluisfytknitpimmformbminionoftbc-of ,COlUplimwc”rsquirsdby~2dOfthiSSCUior,V. FTbe-onof8nyofrk~dnmy subjattheaxltlactortocinlorerimiarlpowmaauudcr18 u5.c. 1001 and 31 USC 231. m-9 mrykgroundrfordebumcntvtionpurruurt029CFRs.12. VI. RECORD OF MATERIALS, SUPPiES, AND LABOR 1. On 111 Fcdaakid coaaaa on the National Highway System, except the which provide solely firr tbc inst&tion of protee& devics u nitrod m aorsing~, there which UC CO- on a force aunt a direct l8bor buis higbmy bca&fi&on con~Mdcolltmfsforwhicbthctotdfidco~oa~ for mhy and bridge is I= than Sl,oO&OOO (23 CFR 635) tbc am-shll: r&COnlC fhlih with the !ii Of specific mrt&& md supplks conmined in Fom FHWA-47, l Smtancat of hhtuiah and L&r used by contnctor of Higbmy conrauctim hwolviag Faiaal Fuxxk” prior to tbc mt of WA undcrthisam~ b.Maiaminarccom-IoftbctoalcostofrtImuch&md suppIierpumbuedformdincorparrodintbc~r9d*of tbequ8&iaoftborcspaificnvterirlr~ lks Iii on Form FHwA-47, and in the uaio sham on Form %A4% cFumi&upontbcumpkdonoftbe~totbeS~ msidait engineer on Form FIfWA47 together with tbc data p& pmgmpb lb zekavc to mat+s+ supplies, a suaxwyofauconmctwork~thctotal hour5workalMdthemaI8lnountarnal. 2At tile Jllilnc amactor*s optios either 8 singk report awaing8lla#n~workascpmtc aDdfbrachsubam~~k salbma-~*e~- VII. SUBLIZTIINC OR ASSIGNING TBE CO-CT r-Ilsowaolpimtion’~k~toiDchdc~ workasaapkyedMdp8iddirrctlybytheprhntamtncror&d. equipmcnt~a~tedbytbcprimccontncror*witha mboutopemoa SucbtamdocsnotincMcaxpioyeesor ~ofaarbcoo-.ti~a~toftkprimc bS~Itan$‘.sh8u&coMuuaitokumitcdtoworIc that rupira highly spaidii koowkdg~ abilitia. or cquipnmt not ordinarily l vaikbk in the type of cooaacting oq&ati~qudifkddupeucdtoWontheconmctrsr whokuldingwalucepklimitedtominorcompon-of theokaaIl- LPP 0144 Page 12-73 March 15, 2001 ExHIBrr 12-E Attachment B Local Assistance Procedures Manual PS&E Checklist Instructions 2:lha contract amount upon which the requiremen ts sa forth in wph 1 of Section VII is computed includes the cost of mued md menu- products which arc to be purchased or produced by tbe contractor unda the conmct provisions. 3. The conuaaa sbaU fimisb (8) a competent atpaintdmt a sup&m who is employul bj, the fims hes full autboriy to direct pe&mMa of tbe work in ace- with tbe conaact nquiremarq and is in charge of all CO~SUUC~OO vtio!~~ (rega&ss of who p&&Ins the work) and (b) such otba of Its own agadzuional resources (supenGoa, manqanm~. and =&xaing scnkcs) LS tbc SHA contxactiog ot’fiwr determines is nfscsary to m tbe peffomunce of tbe wncnn. 4. No portion of the con- slA1 be sub& resigned or o&nvi$e djspwed of except with tbe written wnsalt of the SHA con&g officer. or author&d rcprexotative, and such consent when given sbdl not be construed to relieve the cormactor of my respoo&ility for the fiAfillmcnt of the conblcL Wrim conseot will be given only after tbe SHA has assured that each subcon@act . . edaxed in wdiag 8nd thU it cont8ias 4 pertinent provisions Lti Ilspimmts of the.* conuaa VIlI. SAFETY: ACCIDENT PREVENTION I.In the pafomum of this conuact the conoaaor shell comply with all appUabk Federal, Strtc, and loal km governing safuy,balt&andsanimtion(23CFR635). ?beamuaaorsball provide ail safcguuds, safbty devicer and proteak equipment ladtrlct~yothaneededM’qnsuitd~a.orutheSHA tifmmdgofficerul8ydaamJtl~Kok~lyneauayKo protea the life and berlth of employees oo the job +~c~+~~;~ tbepubiic8ndtoprotectpropeyincormaa perbmMaoftbewakcovcrodbythewn~ of the Sazaxy under Section 107 of the Coo- Work Hwn ad Safety Standards Act (40 U.S.C. 333). Ix. FALSE STATEMENTS CONCERNING HIGHWAY PROJl$CI’S k~tousurehigbqualiryaaddumbkconsnaiwin -nfonniy writfi approval piaus and spaifiations aid a high degrrc of rrlkbiliry on satemen and repfescoacions made by Teineas, conmaort. suppliers, azwJ workm on Federal-aid W-Y projaw it is essx~tial th8t ail persons concerned witb the Proja pcrfom their funaions a atefully. thaoughly, and boncsdy as possible. Willful tisifkatioa, distortion, or mis- rfprrsarPtionwitbrrspecttoMyfrcts~luedK,rbeprojaisr nokmf~ of Fedarl law. TO prcwnt any misunderstanding re- h tm-nhdRr*id95 #Q1* garding tbc suiousncss of tbesc md simile r~q the following notice shall be posted on a& Federal-aid highway project (23 CFR 635) in one or more places where it is readily mikble to a11 pcrsous wncemed witb tbc project NOTICE TO ALL PERSONNEL ENGAGED ON FEDEIULAID HIGHWAY PROJECTS 18 USC. 1020 rads as fdbws: “Wweu being un 0Bcu. agenc Or aproyLc of the United Swws. or any Swte or Ten+to~, or whoever, whether u pqson. PVOdafiOn. /fnn. or aqmmtio~ Anowing& makes my false SatunCnt. fake reprucnWion. or/a&e repoTi pt to the chamcter. quo&, quantiry. or cost of the muted! used or to be used, or the .grconajr or qtuzliry of the work&o& or w be pe@onnd, or rhc WSt Chueafin wnneaion with the submission of plans, mops, spcdficnrionr. wnmaas. or wsu of wmtndbn on any high or m&ted pmjea nhittcd for uppvvd to the Scuaay of Transporwtion; or iy the Sammy of Traqwrtation: or Whoewr howingIy makes uny false statanent or fake mpre- seatution as to mutaiatfaa in unystatement. cut@ca& or repor abitted pumwnt w pmksimu of the Federal-d Roads Aa uppmved Ju& 1. 1916. (39 Sta 3S5). as amended und sup- p-: ShalI be jined not more thut f10.000 or impdoned not more LhanSparsorboth.’ x IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT l=eiz ( liab~ctoallFak&aidconnructioncoonactsandtoal1 -0fs100,oooamarc) By submissioo~ of this bid or tbe exeaazion of this coapy~ =bc-=c~~ tbc bidda. Federrl-aid consinta con-~asubcoOuaaa,u~ wulkdeunatto bwc sqnlkmd 8s follows l.Thtmy~litythtisorwillkublircditbe~~ Ofthir~~unlmawhwn~iscxmrptMdatbeClan~ Aqurrmcnded(42USC1~7ctseq,~~tmeDdedbypub.L. 9L604), ad mda the Fsdcnl Water Polhuion Cond Act, as amended (33 U.S.C. 1251 a seq, as uacadcd by fib. L. 92-500). Executive ode? 11738. and regnkrials in impl~t8tioo thereof (40CFRlS)irnot~artbc~ofconou!awud.ontbc U.S. Eoviro~ Rotectloll Agasy (EPA) Lw of vloeg FsilhiespursGatto#cFR 1520. 2nmd.lefirInegreutoampIydrenmiainwmpii~th rll~rrquirrmcn~of~&eioa114oftbcClean~M~d Section 308 of the Federal Water Pollution Coned M and all rquluioos md guideline listed tbaeunda. 3. Tbu tbe firm sbdl promptly notify the SHA of tk =+p’ of my communiafion from the D-or, OfFice of Fedaal Amy”% EPA. indi&ng that a frcility that is or will k ut~kd FFblO hgc 12-74 March 15,200l LPP Ol& 9 7.7 -i I ‘4 1 a Loal ksfiunce Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attrchmcot B for the conuact is under consideration to be fisted on the EPA Lis of Violating Facilities. 4.~‘tbc.frrm~toiaCludeorUusctokioctudcdtbC rrquirmraoofpaagmpb I ttuougb4ofthiirSatioaXinmay aonexcmptsubamlmc&mdkthcrypcatoplrtnuhaUimrs he govmmcot may dirat as a mans of aforcing such rc- qukmalts. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, IN’ELJGIBILITY AND VOLUKTARY EXCLUSXON 1.l&stmcuons for CerdtIcrtioa - Prinwy covered Tnnsudoasz (~ppliablr to all F&&aid conmets - 49 CFR 29) rBysipingandsubmittingtbispmponl,theprospective ~@cipaatirprovidiagtbccati~suoutbelow. thiscow&-on,unksstio&albythcdrpnnncator agency awing into this uanadon. &Tbt prospccti= primur prrricipant CLinha m by submitting this pmpoaal tbu it will in&de the ckrpe tided “ccrcifi&00 Rlzgadng Debmna& %APMA~OII, hligibility and voluntary Exc~oo-Lowa na covad TrausU2i~’ providcdbythc~oragaJcyca~gintothiswverrd tmllsadoswithord-~iaalIlowatfarcovaed uaaautious and in all soiicimtkms fbf lower tier covered uallsadous. h.Apti’ Ip” inacovd cacifiation 0 a ProqKaive trrnoction m8y rely upon a pekipantioalowaticrwvaed lrwsuti00 that is not debar4 SUApcnda ineligiile, or vohnlMily euhadd fkml the CoveraJ uaxl$ua ‘osullkasit howrbattbccutihtioni~ammous. A-my du5dcthametbodMdfnqueMy~whicbi!dctammatbte~~ igiiiliy of its prkcipk Ewh pnicipmt my, but is DOt i%%iiii i%ad ~tprtioaoftbe-LiSsof ?==?-.=NNooqroaPemcat 21 which ts complied by the iNothingco&ocdiathekxqoingrhrllkconsm&to mqukcc8mbl~of8ryacm0frccordsioordcrtctreoQin goodmhThcccreifiationrequirrdbythis~ -rbc knowlcdgcrodiafoIm&ozJofpati~tisootrrquirsdto acudtbuwhichiatlommuyposauudby8pudcmpaso0h thcadiBxycourseofbusiacss~ . j.Exaptf6rtrmsutions thucinauucd~if8 ltooe@yan~hlto8 z-2 -f++ d+=$ i@@k .m v+y=ib Tmmthu-mddmcmm othcrdaava~ letothcFedcniGo~the& !iizz--rmy-rhis uauaauionfor-or -*nRcglm-4 zvfftY;a . . pmupantcutisatotkbstof ftMditspridpak rArraotprromdy-dtkmdrPcpadcr4propoccd dW drcbrrsd incligiik. ot vohmarily ncludsd &om covaad~by~Fcdenldq=untntargeoy, b.Havewthhiaa3-yarpdodpmdiugthis baaamiuedoforh8dacivil~t a thanti commiuionof~ara~o~ia ckcwtpmunttyiadicrsdfororothawkaaimiMuyor *lychpocdbyaga ~~~Y(Fsbcnl.spoc~ loal)tilhconrmirrioaofanyofthao~clumwnrrdin pamgmpb Ibofthiscatihti~aad LPP 01-04 Pqt 12-75 March 15.2001 EYmBrr 12-E Attachment B Local Asdrt~nce Proccd~res Manual PSdrE Cbeddift Instroctlons d. Have not, within 8 3-yur period preceding this rg plication+ropo4 had one or mote public ESIISXGO~S (Federal, State a local) tcrmhad fa cause or default 2whm tbe prospective phwy paicipant is unable to catify to any of the smanalts in this cehfication, such prospective pahipant shall attach aa cxpienation to this propo=L .**** (~pplicablc to all subwnarcq ptmhse orders and otba lower tier nansacdons of s25,ooo or mole - 49 CFR 29) tBysi@r~gandsubmittin thispropod,tbeprospective lower tin is providing the c&l 4 cation set out below b.Tbeca-tiiiationiathisclauseisamat&aiqrescntation offkctuponwhichrcK8ncewasplac$wbeothisnaasxtion wasaeredinto. Ifitislatcrducxmmaitbatthcpmspatiw lower tier partifzipant lalowingly rwdud an envowus -0s in addition b otha tutlalis l vaiiable to tbe Fedaal Govcrnmaq thedqmmaltaegwcywithwhidltbis e8maction tigimted mayputsue avail8bleranedics, induding slspwsion end/or d&atmwL . cqe pmspativc lower tier paidpant shall provide ltmdatemittwnoticetodlcpusontowhichdtisplppwrlis sthiaedifatanytimedtc~ latnsrbatitsardticationwu lowu tiff puticipant enwcousbyrruoaofctmaged - d.netaYns-wvtrcd “indigiiif&’ aansacdO&” ‘dtbrmb’ “suspwded’ ‘primuy co- -=a@’ ‘prrricipm5” -paso&- -phcip&- “pmpos&” md “vohmtrrily exc~” as usediatbischsqlmvcthe maain~sctoutintbeDctiaitions mJdcovcm@sictionsofttdesimplemwdngtrecurivcGrdcr 12549. Youm8yanxt8ctthcpusonODw&icb&ispqmsalis submittaifa~ inobamingrcopyofthosemguktion% cTbeprosp&tivtlowutiuprrriciporrgrecrbysubmiaiag thispmposrlt&shouidtbepqmaiawaeduaamionk altuediuto,itdmunotknowingtyatuiatoaaylowertiu ---=-i~witba~whoir-*~ep do&M~iigiiis T vohmmnly cxch+ itom putmpaaw m arnaeaw.unlasautbomtdbythedcpammtor ylcocytitilWhidlthiS-Ollorigktd submitdng tbs OmDosd that it will i?Tad&~O~ tTbepD%ptUkloWeViUp&ipUlt Xerdhiiw R&ding De- Suspensi~ ineligiiility and volurlauy Exclusion-Lwva Tier covaui Tnntutios’ witboutmodificadiooinaulowutiuwd aansbonsMd in eJI solicitatioar fbr lower tier WvQod ual?sdw gAputieipwtinawvedmnsactiwm8yrdyuponr carifiation of a prospaxive pucicipaut in a lower tier wvercd mnsacdon that is not deba7al, swpax@ ineligible, a whmarily excluded from the coved W unless it required to, check tbt NonproMem wt Lisl h. Nothing contained in the foregoing shll be c~nsnUed to requir8 utablishmwt of a system of records in otda to render in good lkith the cutifiatiw required by this dause. l-be howicdge and infodw of puricipsnt is not quired to cxcwdthatwhicbisnormdfypossewdbyrpndentpusoain tbe ordinary course of business dealings i. Except for mmsactions unborizat uoda pangnph e of these insmctions. if a pskipant in a covered nansaction howingly anus into a lower tier covered uaawtion with (L person who is suspended, debawd, ineligible, or voluntarily excluded from participatiw in this tmmction, in addition to Other remedies wailable to the Fcdarl Government, the de- partment a agency with which this Won originated my pursue available ranedies. including Mspwsion and/or Ckbument b Im-rtRr*iwdG5 obol-95 FIX-12 Certitlado~ Regarding Debarment, Suspeosion, IneligibiIity and Voluntmy Exdusio&+ower Tier Covered Tmnsactions l.lbc proqeuive lowu tier palticipatlt ccnific& by submkionoftipropos&tbatoeitberitnoritsprincipalsis P=W~Y deb==&aPpcoded proposed for d-ta declared iaeiigMe, ot vohmmiiy exchuiai 6rom puticipation iuthis~onbyaayFedaaldqraaeataagenq. 2whuctbeprospadvelowutiup+rticipeatiswabIeto carify fp =Y sf.he satementsinThiscatificrtiosruch SVe pertmpaot shall ltpch an utphation to this I l *)t** XII. CERTlRCATiON REGARDING USE OF CONTRACT FUNDS FOR LOBBYING ’ &pliable to all Fedarkid wnseuuiwwneacBMdtodl rdamdsubwn~~aceals100.ooo-49cFR20) subrmam &s ~dorpqoml,totbebestofhLtorhcrhowledge I.~~f~ve pmticipmt emiS+ by signing and uldbdie tbac rNoFcd& appr@atedikdshwebecnpaidortilkpaid, byoroabdAfoftbeundersi[pla&to8nypawoforinfhIencing ot8UUttptiUgtOiltfiUWCCMO~CU~ T loyee of any Faiaal agwqy, a Manbu of Congreq an 0 ar a 8nploya of congEs&amanployceofrMunbuofcongrrsitwwadon with the wading of my Fcdarl wnuack the making of any Fedcnl~~tbe~ofrnyFcdcnllorn,tbecotaingintoof w-m and tbe ottersion. wntinuetion. renew&ame&naqamodifiationofuryFedaalwoosc~ ’ pSlorn,acooparti=~L b.lfanyMsotbertbanFedaalapp+ued~h=~ paidamllk !lr ‘dtoanypersoofainfluencioga~~g~ influwaano ceracmployeeofanyFakalrse#y,rMtmk of Con- 8n ofiica a anploye~ of Coo- a m anploy= of a Mankr of Coagress in c~nection with this Faleml con- i Page 12-76 March 15,200i LPP 01-04 . I 3 i . T‘, -1 I G. ! ; 7 1 1 t 1 “f 7 1 e : 1 ‘1 . I 1 I I I 1 Loed bsistmce Procedures Manual Ps&E cbecklbt Irlstrudom gmns 10~1, or wopmtivc ag3eams the dasipai shall compiete end submit Stendd FOITII-LLL “Disd~nnr Form to Repoti Lobbying’ in aWOfdMCC with ia insauctionS. 2.Tbis ccnifiation is a maMaI repruwdwoffLtupon wllicb reliance was pi8ccd whal this lmamahn~madeorCb- ted into. Submission of this cadkafioa is 8 praequisite for meking or entering into this aansaaiw imposed by 31 U.S.C. 1352. Any paan who fails to file the quid fcnificuon sbdi -IT X2-E Attachment B k~bjamacivil~yofnotiesrbtnS10,000mdnotmo~ daenSlOO,OOOfor&su&hilttm. 3.TbepspalivcpeIticiplntdsoepzsbydlnittinghisor berbidorpqodthubeasbeshdlrquirettmttbeLoguegeof this cutii5atiw be included in dl iotvcr tk rpkoa~rq which aced S100.000 and that ail such mipiwts s&all tatify and diiiose acwrdingly. FEDEIuLAm- ANDMmoRRYcoALs la awoIdawe with sation IL -N-m= of If7 saaattlento. ccc -Required Comma Pmvisiotu Fulad-kd Coasawdoo Coau8cm’ the tbiiowing arc the goais for female utibatiocc Goll*WomcO (appikstlarionwidc).-.-a( - 63 The foliowing ere pais for minority utiliatiotx CALIFORNIA ECONOMlC AREA 174 Reddin&CA: Not&MM Counties CAhStKCAModoc; CA Phmla%CAShrp; CA sisk.iyQu:cA Tellann 175 Eurek&cAz Non-SMSACountie. CA DelNorrc;CA Htunbolds CATkhy. 176 %nF~SmJose,C& SMSA Countis 7120 SaibSaside- M===Y, CA... CA Momawy. .736OSUIFp cA~cAcooua& g rs SmFnacirco; 74ooSu1Jore.C~ cAsantacl8rA 748sSentacnsCA CA smmcmz 7500 Santa Rag a CAsolmlaL * 8720 Vdiejo-Ftickl- w CA CAN~CASolaw Non-SMSA Cowtia..-..-.-- CA bkt;CA Madocino; CA San Bcnito. as 6.6 28.9 25.6 19.6 14.9 9.1 17.1 SMSA Count& 6920 swlmaento,CA.- CAPkClICAsunmCnrrr; CA Yohi Non-SMSA Cowtia. . . . CA Buaq CA Colusx g EJ-EJ&c-&Glcno; . . cASuacr;cAYubr 178 smckma-Moduto, CA SMSA Countia: 5170 Modeso,CA CAS- 8120 s-CA CA SeaJoequin. Non-SMSA Counties g EKzKz!g~* . 179 Fee&CA Sh4SA Couoria: %YCA 2840 FM.CA CA FM. NW-SMSACOW~~S =TxU- 180 LaAttgck&cA: SMSA Countis 0360 Anrkim-slopm - Eirst& =2--Lonp vs......... CA LosAngela m-13 16.1 143 123 243 19.8 19.1 26.1 23.6 LpP oi-04 M8rcb 15,2001 EYcEmT 12-E LOUI ASS~SS~CC Pr~~cdurcs Manual Attachment B PS&& Cbeckkt Instructions 6780 Rivenide-San Bemardino- Ontario. CA. . . . . . . . . . . . . . . . . ..I.....““.“..........“.. CA Riverside; CA sMBelaadn0. 7480 Santa Barbara-Santa Maria- Lompoc, CA ..-.“.l-..“......“....“-.“-.. CA SeataBarbera Non-SMSA Counties ..-.....o............ . . ..e..... - . . . . . CA hyo; CA Mono; CA San Luis Obispo. 181 San Diego, CA: SMSA Counties 7320 San Diego, CA . . . . . ..-.-................-...-. CA SW Diego. Noo-SMSA Counda . . . . . . ..-... - . ..-...... ..-” CA bnpckl. 19.0 19.7 24.6 16.9 183 In addition to the reporting rquiremarts set forth ekwbere in this connact the Con-or and subcohacton holding subcontracts, not including met&al suppliers, of S 10,000 or mo= s&Ii submit for every month of July during tiicb uok is paformed, employment data es contained under Form FHWA PR-139 I (Appaadix C to 23 CFR Part 230). end in acwdawe with the instructions included thcrcon. Faa~m--Rrrid3-95 ohmas FR-14 PI@ 12-78 March ‘IS,2001 LPP 01-04 q ‘1 1 , - . . 4 .- f -! := . . W.p+ I 1 .- 1 -1 I 8 1 9 r Loal hsistmm Procedures Mmual Ps&E CbccJtm Illstrucbons =mIBrr 12-E Att=hment N vo be us& when rppliabk, In Fedcml-aid projects) l Ia5ett number of mints FEDERAL REQUIREMENT TRAINING SPEW PROVISIONS F'EDERALREQUIREMWTTRAINING SPECIAL PROVISION. - AS pm of the cbaaaces equalcmpioylnwtopportmtilyaffinwdvc8ctiwproenm, wg sbll be ptovided as foliom: The Contncmr Aall provide owtbc-job ttaiaing to d=Jopmj- in tie tn# of ads or job cirstificrtion iwolval nmgo8ifatbeauttl&roftnineaa~m kuainaltmdutberltquircmwB ofthisspcci8lprovi&m wink , LtbeevauLeconb8amsubcoaorar&portiooof tbeamtstwox&be&mUdemniocbowznmy,ifury,of &eknccsaapprwtica8rctoktrabodbyLe arbcooartor.providcd-,tbatthtcommashll retain’ tbe primary mponsiiiiity W muting tbc miuiag quhamtsiutpo&bytbis$pcci8lprovision The Contnca~rhllelsoeosauetbattkisTniningSpccirl Prwisionisamdcappliab~etosudtsubcoa~ Wbm fMile.25pcrcartofmiaea aapprwticesill& olxqadws!uIlkiathcirfirst~of~a tminiug. Tbenualberofuainees a apprwtica s&II be diatriianongrbewo~dassifiatiotlswthebuisof the Conmcmfs nds and tbc rnilrbiiiy ofjoumqmm intben&nmekss&uionswitbin~reawnebkeruof rcauitmaK~p;iorto wllumhgworlstk~ shausubmittotheDep8rmwfortpponidunumbuof . minenarpprnticertokariaadiaachrelwud c-on aad mining progtam m be It&. Fudanme,&eCoamcmrsbdlspaiQthes6ttiagtimc fortmiaingiatdloftbccI8sacdaarThc- willkueditedforachaaioaa -=Pwby hhontbe wnmctwo&wimiswrra8dymfolleda bcwtnnauoIkdinmapptuvedpro;lprrmwdwillbe -fbramhu8iwes aapprdcaaspmvided wdlqgdingof minaidnwdwotnm ~wrdjoumqnmsmmsbaprimmyobjeuinoftbis Tnining Spodd Provisioa hwrdittgiy, the conmaor ~~cVeylAMtocmOilmiaoriy~m#aar ‘“inserorqJplmtb(~e,bywudutingryaaarticand -ronuimwtdlrougtlpubikandprivatcrouderiikdy u,rieldktWi~MdWOfOUlmiaeaOr~)lOtilC ~t=bpemonsueanikbkwithiarrmsambkau of rcmdAcnL Tbc cua- will be rSponsi%le for dan+msMagtbcjrcprtbukb,mkmiu~ th=of, prior to a duamimtion m to wh&m rbt Coamcowisiocoa@imcewitbtbisTtaiaingSpsciel Provision. Thismining wmrnittnwtisnot~aad sb8lInotkuscd,todi&mLmte ag8instMy8ppiiaatfa mining.whuherrmanWIrmin&ygorvpwlac NO anployet shrll be enrpiorcd as a tiee or W&C in MY ~lrtrifbht~ ia which be & zucwriuliy wmpiaed l training wutse kding to jotaneyrnmsmtusorinwhick&ehukcnanpioyed~~ ~~urnymm Tbecoo-asboddsatk@rh~ rrqujremacby-lw gpatianr in the anployw qphtion or by otba suit&k - RegdiasofthemtbodusedtkGmtmuor’srcco~ shoulddowlnwttfKfinding5iucuhcut lhettkimumiargtflmdtypcofminingforath chssific8tioawiU~uahbiiddintbeaaiaing~ sckcudbytbeconuwmrandapprovcdbyboththe Depamrat and the Fakmi H.i&hwry -on. The Dcpnmwt and the Fakal Higbwy Adminisartion will approvcrpropwttifitismsannbtymkhted tomwttbe equal anpioymwt opportwity obligations of the Cwaactoraudtoqualifytbeavaagcuainccaapprwtice fmjoumeymmsparcintheCk&i&oncoocer& atdoftbemiaittgpaiodFmdmmc, .b die proprns legismd with tbc U.S. Dcpdz!zfZ Burauof&prentic&ipmdTtiiag.awitbtbeSPtco~ c&fomiqDqmmnaltof~Rtirti~Divkioaof ApplmtiCtShipS-rsOlprindbytheBlXC8UWd fduingprugwnsapprovedbutwt~~ by the us. Dcpammt of IAbor, Mlmpower Adminisaatiw, Bm of Apprmtic&ip sod Tniniag sbdldsok anpbynau obiigations wnsmmtioirm of FedmI-Gd bigbwey *Aa awcpwc of a nainingprogwnsbfllbeobtaincd~tbcsmtepriato wmmwcing~ontbeckuifiatouwva8dby&e propT& ltistbeilluntiwoftbaeproviriarctimttniniog istokpmviddintbc wllsmchcnit,mtbutban ckrJc-typists a D positioni ‘Tniaiog is paminikinbwerlcnl flJyamtpositioMsuclln omwwgincaqarinararramclreepar.ctr.whuedIc aainiagkoriwtcdtoward-tppliationr Trainingintbckborerclusific~&nraykpcmittaI pfovideddmtsignifKaatrrdlnea&@~gis plWi&$mdrpprovsdbytbCdiVkiWOiTk ~o~~~~gispmksiik~i~utbe~ miningisaniutcgraIpartofmapprovadmining~ add~notcomgriKasi~ificmtpnofrbeovcd mining.Excepcnotbewisenoud~,thccw~ wilrkr&bumd80caloperbourof~giwnen unployuoadliiwnuwtin awodanuwithmrpprovcd trainiigprogwn Asapprovcdb.Y* mw=. ~twillkmdcTwtmiaingofpmoosia acna of the number specified beAn. F-IS Pqe 12-107 March 15.2001 ExmBxT 12-E Attachment N . Local Assistance Procedura Manual This reimbursanent will be made even though the Contnctor raeivcs additional eaining proprn funds from other sowcu, provided such other source does not sprcifiaffy prohibit tbe Con-r from Hng otbcr reimbursement Reimbursement for oRbite tmining indicated above may only be made to the Coneactor where be does one or more of the following and tbe uainecs or apprentices arc concuwcntty unploycd~on l Faktal4d projq contributes totbecoaoftbe~~povidatbeinsrmctionn,fhe minec or 8pptultioc or pays the uaina’s or 8ppmdce’s wages duelg the offsite tmining’period. NOppCDtSbdlkXl8dCtOtbC comaaor if citber the failwe to provide the rquircd mining or the hilure to hire tbctninccorapprcaticcurjowncymaa,iscmtscdbythe Conaactorandevidaxesa&ckofgoodfhitbont&pM of the Conaactor in meeting tbc quhncots of this Training SpaiidFYovisian. Itistmt7tdyexp&redthtatninccor 8pprdcewiUbcginbistniuingonthcprojausoonas fasibk u?a start of work utilizing the skill involved and runainootheprojcctrslongrsaainingoppominitksexiszin bis work CkSSi~Otl or Until be Ps&E checklist Instnactloas b8s compieted his training pro- It is not qhcd hat all mines or apprentices be on boud for the ait& kngtb of tbe con= A Conaactor will have fulfilled bit responsibilities underrbisTmiuiagSpecidPmvisionifbcbspmvidod accqmble mining to tbe ntunbcr of minces or apprentices specified. Tbc number arincd shall be detcrrnincd on the b&s of the total number auolkd on tbc conrnct for a signifiaat per&i onlytcainecsortpprentices~inrpglam approved by the SW of Glifotnh’s State Administrator of Apprenticeship m8y be anployai on the project md said mines or apprmtices &all be paid the m w specified under the rcguhtions of the cmft or tndc at which &Y mc rmpmd- Tbecon~s&lIliAcaisbrbetninceorapprcnticea copy of the pro- be will follow ia providing tbe mining. TheContractorsballpmvideachcknccorapprutticcwi~r certificlrion showing the type uld kngtb of mining -lycomp~~ The Coneactor will provide for the maintenance of recordsatldfucaisbpaiodicrcpomdocumaltiaghis pafommace mdnthis Tmillittg special Provision FR-16 Page X2-108 March IS, 2001 h GUJERAI, DECfSION CAOlOOOl 04/27/01 CM -era1 Decision Number CA010001 z Y i . ‘i ‘.J \ superseded General Decision No. CA000001 State: California . construction @&we: BUILDING DaING IIUVY HIGHWAY . RESIDENT= County(ier) : SAN DIEGO BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge wrk) ; HEAVY CONSTRUCTION -CTS (don not include watu well drilling) ; HIGHWAY CONSTROCTION PROJECTS; RESD&JTIAIA CDNSTRUCTION PROJECTS (coxd.rting of single family hamcs aad apartacents up to and ktcluding 4 stories) Modification Number Publication Date 0 03/02/2001 1 03/23/2001 04/23/2403 04127/2001 . . ASBE.OOOSB 01/01/2000 Rates INSULATOR/ASBES~S WORKER Includes tbc applicatioa of all insulating materials, protective coverings, coatings. and finishings to all types of mechanical systtms 30.46 _____-____-_--_--..--- --.sw-- -.--------~~~~I.~.~~ COUNTY(ics) : SAN DIEGO ASBEOOOSD 10/04/1999 ASBESTOS WOVAC wO=/ HAZARDOUS XATERUU, HMIDLER Includes preparation, wetting, stripping, removal, scrapping, vacuuaciag , bagging and disposing of all iasulation materials from mechaical systtms, whtathtr they contain asbestos or not Rates 19.70 Fringes 7.65 .-I---~---~~~ Fringes BOILOO92F 10/01/2000 Rates Fringes BO- 30.06 9.81 TUBE WELDER . 31.56 3 . 8.1 """"',""""""""""""""".-------------.---------- BRCAOOO4M 11/01/2000 Bates Fringes BRIwYXR;KU.BL&SETTER. 24 -25 6.45 -_.-.------__-------.--------------------------.----.----------- BRCk0018E 03,Ol,;000 Rat& Fringes . TILE SETTER 21.00 2.78 WLE UJD TILE FINISHER 13.23 2.78 .-----------------*-----------------.------.---------.-.~------- BRCAOOlSF 06/01/1999 . Rates Fringes TERRAZZO WOm 25.78 9.04 TERRAZZO FWISIEER 19.83 9.04 -.____________-.-_-_-----------.--------------.---.-.-.---------- cu@OOO2B 07/01/2000 Rates Fringes DIVERS: Diver, wit . 470.08 per day 6.36 Diver, stand-by 235.04 per day 6.36 Diver tender 227.04 per day 6.38 ------------.---.._._---.--..--.-------.-.-..-------.-.--------.- cmP0002L 09/01/1990 CARPENTER: Rates Fringes Work meeting any of tbt following criteria: 1) i residential wood frame project of'any size: 2) Iaterior tenant improvement work, regardless of the size of the project: and 3) Uy wood frame project of four stories 0T less 18.32 5.18 Heavy & highway work : Work oa box culverts, catch .j i . f 1’ 1 -:A. 1 % ). . & 1 b 1 basias and headwalls in residential projects 18.68 All other heavy C highway work 23.35 5.10 . 5.10 Ul other work 22.90 5.18 Millwright 23.85 5.10 Piledriver 23.48 5.10 ~0002U 07/02/1999 Rata Fringes DRYWALL INSTW-: work on wood-framed single-family - homes and aparMurts 29.00 5.18 ~1 other work 17.70 5.28 . DR- srocmR/ScRAPPER 8.85 4.27 . . . . . . . . . ..-.. ..-..................~............................ cmFooo3li 07/01/1999 Rates prfpqu HODDLAR -- -ALL&R 13.08 * 3.98 LOWUGLWOD~TE~CIAN 17.80 3.98 arLLmlLmczmIcz)LN 22.88 3.90 . . . . . . . . . . . . . . ..-................~.............................. . aECO569A 07/02/1999 ELEcTRxczANs: ” Rates Frin9es Work on suer; lighting; traffic signrls; 'and underqround systsmr and/or rstablirhmd~easenents outside of buildings: 9 uti1itY ttacim t1 26.38 3% + 2.99 utility ttchxdcim t2 (#4 oa the Califoxnia state wage detexmination). 10.56 Sound work: Souad technician 28.98 Telephone iatucoaacct technician 15.99 Sound person 14.23 3% + 2.49 3% + 5.24 3% + s-14 3% + 5.05 Tunnel work: Electrician 27.30 Cable splicer . 28.2s Electrician 24.21 Cable splicer 24.96 All other l lectricial work on rlaglc fan&ly homes and apartments up to and including 3 stories 14.61 3% + 6.47 3% + 6.47 3% + 6.47 31 + 6.47 3%. + 4.74 -ET LIG?rT L TRAfffc SI~WORIE: . UTILITY TECZDYICIAIU tl: ktallatik of street lights and traf fit signals, including electrical circuitry, ptoqrsmmsble COnuollu, pedcsral-raourrted electrical meter eaclosures aad laying of pre-assembled cable in ducts. The layout of electrical systems aad cotmmaicacioa iastallatioa including 9-r position of tread depths, and radius at duct banks, location for maaholes, street lights aad traffic siga~ls. \ UTILITY TECXNICIAN #2 (utility techaidm #I oa the califoda state wage detexmbatioo): Disuibutioa of material at jobsite, ins talla tfoa of underqrouPd &arU far rlmctrical. &al-. Cable Wlaad cummuaicatioa kysteuu. The setting, lcvelin9, . qrouadiag aad racking of precast manholes, handholes and transformer pads. . SOUND WORX SCOPE OF worn:: Assembly, iZlStAllAtiOn, Op=AtiOll, service and maintenance of componats or tystm as used in closed circuit television, amplified master television distribution. CATV on private property, iatcrcomnua ication, burglar alarm, fire alaxxa, lift support and all security alarxu, private and public telephone and related telephone interconnect, public address, paging, Audio, language, tltctronic, background . music systun~lcss than line VOltAge Or ABY system ACCepttilt for class two wiring for private, commercial, or industrial use furnished by leased wire, frtwePcy IImdUlAtiOn dr other recording devices, electrical apparatus by means of which electricity is applied to the amplification, trammission, traasfcrurct, recording or reproduction Of voice, music, sound, impulses and video. Excluded from this Scope of Work - transmission, s-ice aad ~inttaaact of backqround music. All of the above shall include the installation and transmission over Eibcr optics. SOUND TECHNICIAN : TedaA tiap , operating and performing final check-out SOUND PERSON: Wire-pulling. splicing, assembling anda installing devices _._-_..__-..____.-.-..----..------..---..-..-.------.----------- ~L&c1245h 06/01/2000 Rates Fringes . LINE CONSTmxTION AND OUTSIDE DTILITY TRmsxISSION'WORx: Liat worker; Cabit splicer 31.26 4.5% + 7.35 Powder worker 29.70 .4.51 + 7.46 Ground pusoa 20.32 4.5% + 7.58 Equipmeat specialist (operates crawler tractors, cmmercial motor vehicles, backhoes,. tr.enchcrs, cranes (50 tons aad below), and overbead aad . . uaderground distribution line euuipntat) 26.57 4.5% + 7-07 Line worker, welding 32.82 4.5% + 7.53 SCOPE OF WORK: All outside work oa electrical traasmi ssion lines, switchyards and substations, aad outside work in l ltcuical utility distributioa systems owned, maintaiaed and operated by electrical utility companies, municipalities, or qov-eatal agt12cies. ____.._____--____-__-----------.---------------.-----.-.-------- EL&VOOi9A 09/15/2000 ELmATOR MXXANIC Rates Fringes 32.805 7.195 Vacation Pay: 8;s with 5 or more years 'of selvict, 6% for 6 4 months to 5 years service. Paid Holidays: New Years Day. . Memorial Day, Ipdependtpce Day, Labor Day, Thaaksgiving Day and Friday after, and Cbismas Day. -.--..-.-..-.---.._------.---------.-----.----..---.-...-------- ENGIOOl2B 07/01/2000 F-&QyfENT OP&RAT&s: GROUP 2 GROUP 3 GROUP 1 GROUP 5 GROUP 6 GROUP 7 Rates 26.25 9.85 27.03 9.85 27.32. 9.85 28.21 9.85 29.31 9.85 ? 28.43 9.85 29.53 9.85 Fringes .4 . 3 ; _ i a ‘7 -1 ? I . ‘.. ?? !. ‘. $ 3 &l ! : b ?a y-$ b 3 2 1 3 GROUP 9 GROUP 10 GROUP 11 GROUP 12 GROUP 13 GROUP 14 GROUF 15 CROVP 16 GROUP 17 CROUP18 GROUP 19 GROUP20 GROUP 21 GROUP 22 28.54 9.85 29.64 9.85 28.66 9.85 29.76 9.85 28.83 9.85 28.96 9.85 29.04 9.85 29.16 9.85 29.33 9.85 29.43 9.85 29.54 9.85 29.66 9.85 29.83 9.85 29.93 9.85 30.04 9.85 GROUP 23 30.16 9.85 GROUP 24 30.33 9.85 CRANES, PxLEDEUVeJG & EOISTING: GRom 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 CROUP 6 . -UP 7 GRoUP 8 GROW 9 GRom 10 GROUP11 GROUP 12 GROUP13 . POUER EQuIPkaNT OyzRxroRs - -: GROUP 1 CROUP 2 . GRouF3 GROUP 4 . GROUP 5 GROUP 6 GROUP 7 27.30 -28.08 28.37 28.51 28.73 28.84 28.96 29.13 29.30 30.30 31.30. 32.30 33.30 27.80 28.58 20.87 29.01 29.23 29.34 29.46 10.55 10.55 10.55 10.55 10.55 10.5s 10.55 10.55 10.55 lO.Sf l-o.55 . 10.55 10.55 . 10.55 10.55 10.55 . 10.55 10.55 10.55 1o:ss . FOOTNOTES : Remium pay of $2.75 per hour shall be paid 00 ill Pow= . equipment operator work wlthia the boudariu of Camp Pcndleton- Uorkus required to suit up aad work in a hazardour material enviroPnrtPt: $1.00 per hour additfoaal. Combination mixer and compressor opera&r on guaitt work shall be classified as a coacrttt mobile mixer operator. POWER EQOX- DPPUTOR CLUSIFICATIONS GROUP 1: Barge, brake, CQLIIPressor operator, ditch witch, d+h seat or sinrilar type eqtafmeat, elevator operator - inside, tagiaeer oiler, generator operator, peouator, pump or cawr-ror plant optrator, pumg operator, siqnrl, mdtch GROUP 2: uphalt-rubkr plant operator (nurse tank wa+or)r concrete mixer operator - skip. type, conveyor operator, fire person, hydrostatic pmp operator, oil crusher (asphalt or concrete phiat), skiploader (whea wheel type up to 3/I yd. without attachment), tar pot fire person, tesworaxy heatfag PI-t opera tor , trenching machine oiler GROUP 3: kphalt-rubberblend operator, rquimtqr-sa (rack)* Ford Ferqusoa [wft)l dragtype attaebaeatsl, htlfcoptu rash (ground) , stationary pipe wrapping aad cl-n9 maat operator . i GROUP 4: tiphAlt plAat fire person, backhoe operator hbf -MX or similar tmt), boring machine operator, box or mixer (asphalt or concrete), chip spreading machine operator, concrete cleaning decontamination machine operator, Concrete pump operator (Small portable), drilling machine operator, small auger types (Texoma super tconomatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum), guard rail post driver operator, hi9hliat cableway siqnal, hydra-hassatr-aero stomper, . paver concrete curia9 machine operator, power concrete saw operator, power-drivea jumbo form setter operator, power sweeper operator, roller operator (compacting), scrttd operator (asphalt or concrttt), trenching machine operator (up to 6 ft.) GROUP 5: Equipment greaser (grease truck/multi-shift) CROUP 6: Asphalt plant engineer, batch plant operator, bit sharpener, coacrttt joint machine operator (canal And similar type), concrete plaatr operator, deck eagint operator, derrick (oilfitld type), drillia9 machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watsoa 1000 auger or similar types - Ttxoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum), drilliaq machine operator (including water well drilling incidental to building, heavy or highway construction). equipment greaser (grease truck), hydroqraphic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type, Kalamazoo switch tamper, orsimilartype, machine tool operator, Ma9innis internal full slab vibrator, mechanical berm, curb or qutter (concrete or asphalt), mechagkal finisher optritor (concrete, Clary-Johasoa- Bidwell or simflar), pavement breaker operator (truck mounted), road oil mixin macblne operator, roller operator (asphalt or finish), rubber-tired earth-movipg equipmeat (single engine, up to aad includin9 25 yds. struck), self-propelled tar pipelining machine operator, skiploadir operator (Crawler and wheel type, . over 3/4 yd. and up to aad includia9 l-1/2 yds.), slip form pump . operator (Dower drpvea hydraulic lifting device for coaatte fozslrr), tractor .operator - bulldozer, tamper-scraper .(single eagtie, up to 100 h-p. flywheel and similar types, up to and iacludiaq D-S tnd similar types), tugger hoist operator, ultra hlqh pressure watcrjet cutting tool system operator, vacuum blasting marbine operator GROUP 7: Uphalt or concrete spreading operator (tamping or fiaishiag) , asphalt paving machiae operator (Barber-Crteae or similu type), asphalt-rubber distributor operator, backhoe operator (up to and including 3/4 rd.), small Ford, Cast or similar, cast-in-place pipe laying machine operator, combination mixer and warpressor opcrator (gunite work), wmpactor optrator Iself-propelled), concrete mixer operator (paviaq), crushiag plant operator, &ill doctor, drilling marhint operator, bucket or auger types (Culweld 150 buoktt or s,&silar types - Watson 1500, 2000, 2500 auqer or stilar types - Texoma 700, 800 auger or similar 'types - drilliag depth of 60’ maxinn&, eltvtting grader operator, grade check&, gradall opuator, grouting =chiat operator, heatry-duty repair person, heavy cquiprr-t robotics operator, Kalamazoo ballistt regulator or similar type, KObAn belt-loader aad similar type, Le Touraeau blob cvctor or similar type, loader operator (At&y, Euclid, Sierra and similar types), pneumatic concrete placing machine optrator (Hacklcy-Resswcll or similar typt), pumgactt gun operator, rotuy drill operator (excluding CSL~SSOP type), mbber-tired earth-moving equipment operator (sia9le engine, Caterpillar, Ericlid, Athey wagon and smlar types with aay and all Attachments over 25 ytlsi up to aad includin9 50 cu. yds. struck), rrrbbu-tied ruti.smvin9 equipeent operator (multiple engine UP to And including 25 yds. struck), rubber-tired scraper opentar (self-loading paddle wheel type - John Deere, 1040 and stilar sin9lt unit), self-propelled curb and gutter machine operator, L : i 7 -’ Y-7 i ‘? .? 4 1 1 I i? P 1 3 , ’ ) R (jobrite) CROUP 4: Bridge-type unloader and turntable operator, helicopter ; hoist operator GROUP 5: stinger crme (Aurtin-Westera or similar type), tugger hoist operator (1 dru=d CR& 6: Bridge crane operator, Crctor crane operator, hoist operator (c?aicago boaen aad l idlar type), lift nubile opyator, lift slab machine operator Wagtborg and 8iaaila.r types), material hoist operator, polar gantry craae operator, shovel, backhoe, dragline, clamhell operator (over 314 yd. aad up to 5 cu. y&. mrcl , tugger hoist operator (2 dmxa) GROUP 7: Pedestal crane operator; Shovel, backhoe, draglbe, clamshell operator (wu 5 cu. yds. nrrc), tower cram repair, tugger hoist operator (3 dmm) mtom 8: Crane operator (up to and ipcludiag 25 ton capacity), crawler tnnsportu opeator, derziclc barge -ator (up to and including 25 ton capacity), hoist operator, stiff legs, Guy derrick or similar type (up to aad including 25 ton capacity), shovel, backhoe, dragline, clamshell operator (over 7 N. yds. MC) GROUP 9: -ant operator (over 25 toas aaU up to 1pd including so tw MC), derrick barge operator (over 25 font up to and including 50 toas -1, highline cahleway operator, hoist opcator, stiff legs, Guyderrick or aidJar type (over25 tons up to aad iacludiag so toa MC) , .X-crane operator, polar crane operator GROUP 10: Crane opaator (6yer SO toas aad up to and including 100 ton5 nut), deqrickbarge operator (over SOtoasup to and including 100 tons mrc), hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to md bcluding 100 tons MC), nmbilc tower. crane opkator (over SO tons, up to and including 100 toa BLR.C.) , tower crane operator md tower gaatry CROUP 11: .Crane o-for (over 100 tons and up to apii including 200 ton5 MC), derrick barge operator (over 100 toas up to +d including 200 tons mrcl, hoist operator, stiff legs. Guy derrick * or similar type (ooer 100 tons up to and including 200 tons WC). mobile tower crme operator (over 100 toas up to and iacluAina 200 ton5 mrc) GROUP 12: Craae operator (over 200 tons ~3 to and fpcludbg 300 toa MC), derrick barge operator (over 200 toas up to and including 300 toas MCI, hoist operator, s:iff legs, Guy derrick or sinrflar type (over 200 tons, up to a&d including 300 tons mrc) ;. mobile tower czaae operator [over 200 toas, up to and including 300 tom =c) 1 GROUP 13: Crane operator (over 300 tozr), derrick barge operator (over 300 term), hclicopzer pilot, hoist operator, stiff legs. Guy derrick br s&ailar type (over 300 cam). mobile tower crane operator (over 300 toas) Powm Eoam OPXRATORS - TUNNXL cLAssIFIckTroNs . CROUP 1: Skiploader (wheel cm up to 3/4 yd. without attachmeat) CROUP 2: Power-driven judo form setter operator GROUP 3: Diakey locomo tive or motorperson (up ta Mb inClUdfW 10 toa51 . CROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip fbm pump operator (power-driven hydraulic lifting device for concrete forms: Tugger hoist operator (1 drum); hrnncl locomotive operator (over 10 and up to and including 30 ton81 GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor: Grouting machine operator; Heading shield Operator; Heavy-duty repair person: Loader operator (Athey, Euclid, Sierra aad similar types); Mucking machine operator (l/4 yd., rubber-tired, rail or track type); me-tic coacrete placing machine operator (Wacklcy-Presswell or similar type); Pneumatic hcadiag shield (tunnel); Rmrpcretc gun operator: Tractor compressor drill COKbiaatiOn operator: Tugger hoist operator (2 drum): hrPne1 1 ocomotivc operator (over 30 toa 1 GROUP 6: Heavy-duty repair/welder combination GROUP 7: We1 mole boriag nratie operator _______-)--_.___-__---------------------------------------.----- ENGI0012D 08/01/1999 POWER EQUIPKExr OPERATORS: Rates Fringes. DREDGING: ' Lever person 31.85 10.35 Dozer operator 28.38 10.3s Welder: De&mate 2B.27. 10.35 Winch operator (stem winch on dredge) 27.72 10.35 Fire person - oiler; Leveehand: . . Deckhand; Barge person . 27.18 10-35 Barge mate 27.79. 10.35 ,,-,,,,,,,,,------.---------------------------------------------- * pRONOOO1F 07/01/2000 IRoNwo- : Fance erector Omam~tal, reiaforcing and . structural .Rates Frhgu . 25.19 14.575 26.08 14*.575 FOOTNOTE : Work at San Cluneate Island: $3.00 per hour additional. ___--_-_____-__--_-_----.---.-------.-----.---*----------------- LABOOOIi'A 06/16/1999 . LBORPRS: Rates Fringes Work inside the building line . oa projects meetiag any of the fol.lwing criteria: * 1) a residential wood frame project of say site; 21 work classified ai MC III, Type IV or ?ype V construction: 3) interior teaant imprwanerzt .work, regardless of the size of the project; and 4) any wood frame project four ~toriu oz Icu 14.75 S.78 . All other work inside the building line 16.85 7.18 “1 ‘1 c ! -3 i -’ : I $ ” ;a i r e + :’ ‘d I? I k i i :; :, L .*t h 3 ! I i -3 / - ) . b skiploader operator (crawler md wheel type over l-112 Yds. Up to and including 6.112 Y&.)* soil rcmed.iation plant operator, surface heaters and Planer operator, tractor comprcsror drill combination operator, tractor operator (any type leg= than D-5 . 1~O flwe& h-p. and over, or similar - bulldozer, tamper, scraper and push tractor, Single =giae), tractor operator ibacrm atta&mexXtS), travelbag pipe wapping, tleaaiag aad bur&g *machine operator, treachiag machine operator (over 6 ft. depth capacity, zuimufacturer's ratiaglr ultra high pressure waterjet cuttiag tool systm mechanic g~ogp 8: Heavy-duty repair person (multi-shift) GROUP 9: Drilling machiae operator, bucket or auger types (calweld 200 B bucket or similar types - Watson 3000 or 5000 auger or sinxilar types - T~vrma 900 auger or similu types - &illiag depth of 105’ rnaximm), dual drum mixex, me compactor LX350 (or sirrrilar typed), heavy-duty repair-welder coalbiaation, moaorail locomotive operator (diesel, ga3 or electric), motor patrol - blade operator (single-engine), altiple-eaqiae tractor -ator (Euclid aad similar tw - except Quad 9 c8+-), pre-stressed wrapping machine operator, rubber-tired earth-moving equipnest operator (sisglc-angint, WU . so yds. struck), rubber-tired earth-moving e&pant operator (multiple-engine, Euclid, caterpillar ad sinrflu over 25 yds. and up to SO yds.). twe Fe repair person, tractor loader operator (Crawler and wheel type wer 6-112 yds.), Woods mAxer operator (and similar Puqrpill W-t) GROUP 10: Heay-duty repair-welder ombtitioa (multi-shift) GROUP 11: Auto uradu operator, autamatic slip fox28 operator' drillfog machice operator,. bucket or auger types (Calweld, auger 200 CA or similar types - Watsoa auger 6000 or stilar typcr - drilling depth of 175' 8machua), hoe ram or sAmilar with compressor, mass ucavator operator (less thaa 950 N. m-1, mechanicalffni8hiagmachine operatoz, mobile form travel= operator, *tar patrol operator bultA-engine), pipe mobile machine operator, rubber-tired earth-Droving equipncnt opuator (multiple-engine, Euclid. caterpillar and similar typa, over SO cu. yds. sqw.lc), rubber-tired self-loading scrqxr uperator (paddle-wheel sugar type self-loadfng - two (2) or more units) . GROUP 12: Rubbei-tired earth--g equipbaeat operator operating equipment with push-pull system, (siagle-eagiae, m to sad including 25 yds. struck) . GROUP 13: Cuxal liner opkrator, caaal trder operator, remote- . control earth-moviag equipmeat upezator (operating a second piece of l wipneai: S1.00 per haur addftioaal), wheel wccavator operator (over 750 cu. yds.) . GROUP 14: Rubber - tired &th-moving equipment operator, oPe=atfw equipment with push-pull systerP (single eagiae, caterpillar, Euclid. Athcy uagon, aad sizailar types with any and all attachmeats over 25 yds. aad up to apd including SO yds. struck), -*btr-tired earth-moviag equipment cpezator, operating eWiprn=f with push-mall system (multiple-engine - up to aad including 25 yds. struck) CROUP 15: Rubber-tired earth-moving equipneat operator, Weratiw cquimeat with push-pull spta (single-engine, OVCT 50 Y&. struck), nabber-tired earth-miag equipment operator, operating equipnent with push-pull system (multiple-engine, Euclid, a truck) caterpillar and sir&+, over 25 ydr. and up to SO yds. GROUP 16: kubber-tired cartb.moving equipment operator, operating equipment with push-pull system hultiple-engine, Euclid. caterpillar and similar, over 50 cu. yds. struck), tandem tractor operator (operating crawler-type tractors in tandem - Quad 9 and similar type) GROUP 17: Rubber-tired earth-moving equipneat operator, operating in tandem (scrapers. belly dumps and similar types in . any combination, urcluding compaction units - single engine, up to and including 25 yds. struck) GROUP 18: Rotex concrete belt operator (or similar type), rubber- tired earth-moving tCIUip=nt operator, operating in tandem (scrapers, belly dumps and similar types in any combination, occluding compaction units - siangle-engine, caterpillar, Euclid, ~thcy wagon and similar' types with aay and all attachmeats over 25 yds. and up to and including 50 cu. yds. struclc), r&be-tired earth-moving equipmeat operator, operating in tazrdem (scrapers, belly dumps and similar types in any canbination, occluding compaction units - multiple-engiae, up to md including 25 ycls. struck) GROUP 19: Rubber-tired earth-moving equipant operator, opcratiag in tandem (scrapers, belly dumps and similartypcs in any combination, excluding compaction uaits - single-engine, over 50 yds. struck), rubber- tired earth-&g equipment operator, opciatinq in. taadaa (scrapers, belly dumps, and similar tmu in aay combination, excluding cosllpactioa units - multiple cosine, Euclid, catcrpillai and similar, over 25 yds. aad up to 50 yds. sfruckl GROUP 20: Rubber-tired earth-moving equipmeat operator, operating ia tandem (suapcrs, belly dumps md shilar types in any combhatioa, utcludiag cmapaction tits - multiple-eaqine, . Euclid, caterpillar aad sirailar, over 50 N. yds. struck1 GROUP 21: Rubber-t%red earth-mking l quipmrntoperator, operating equipmeat wi.th the tandem push-pull system (single eagiae, up to aad including 25 yds. struck) . GROUP 22: Rubbe-tired earth-movinq eQuipaelltopcra+or, operating equipment with the tandan push-pull rystaa (single- eagiae, caterpillar, Euclid, Athey wagon and similar types with aay and all attachments over 25 yds. aad up to aad includinq 50 rd. struck), rubber-tired ear&-moving equipmeat opsator, operating with the taadcm push-pull system (multiple-cnqipt, Up to and ~cludinq 25 yds. struck) GROUP 23 : Rubber- tired earth-moving equipacnt operator, operatiag. equipment with the tandem push-pull system (single- eagiae, over 50 yds. struck), rubber-tired earth-moving equipment operator, operating equipmeat with the tandem push-pull systun (multiple ingine, Eu-clid, caterpillar aad similar, over 25 yds. and UP to SO y&. struck) GROUP 24: Concrete pump operator - +~ck mounted, nabber-tired earth-moving equipment operator, operating cquiplneat with fhe tandem push-pull system [multiple-eagiae, Euclid, caterpillar and similar type, over 50 cu.*yb. struck) POWER EQUIPKENT OPERATORS - CRANES, PIL&DRIVING Aw HOISTING EOUIPXENT CLASSIFIUTIONS GROUP 1: Engineer oiler, fork lift operator (includes loed, lull or similar types) GROUP 2 : Truck craae oiler - GROUP 3: A-frame or winch truck operator, Ross carrier operator ‘r .i . Work inside the property line but outside the building line, on pro j tcts meeting a-W Of the followiog criteria: 1) a residential wood frame projict of any she; 2) work classified as Type III, Type N or Type V coastructioa; and 31 say wood frame project four stories or less 16.13 5.91 All other work outside the building line: GROUP1 18.91 GROUP 2 x9.21 GROUP3 29.41 GaNITE WORK: GROUP1 18.91 GROUP2 19.21 GROUP 3 19.41 TumEL WoRlt: CROUP 1 . 19.21 GROUP2 19.41 GROUP 3 19.66 FINaL CLEAN-UP Am WSCILPE -WORK 9.dfS . 7.18 7.18 7.18 7.18 7.18 7.18 - 7.18 7.18 7.18. 5.18 LmoRmcLuSIl?IcazIOti GIIdvpl:Laberer (general ck8+Nczias);bphUtimnu - a spreader : Boriag matie tqndu; Carpmtei tmdu; Caulker; Cuspooldi99u aad inrt~Uer; Chuckteader (cxcept'+Lnnels); . Coaaete curer (ILmgervious maabraat aad foraP oiler); Concrete water curing (axdiadbg use of water trucks); Cutting tar& operator (daaol~tion): Driller's wader tcaissoal inclaadia9 bellowers; Dri-p&c-it ma-e, concrete cuttiag torch; Dry packiag of -tte, plugqfng, filling of thee bolt holes: Feace erector; E;iae grader oa U&ways, streets Lpd airport pavia (sewer and draiaaqe lines whrn.employed); Flag person;..Foan blower; Gas aad oilpipeliaelaboru; Guiau &ass; Houscm~vtr; Jet; Ladscap8 gardeau LDd nursery: Packing rod rtre2 and PIIII; Pipelayer’s backup ICOat*, qroutbg, m8kbg of jotim, SMiPg, caulking, dirperiag md S~cludbag ruhbu gasketjofnts, pointips aad any and all other s&cc raflroadwork); Laborcr; Riggin and sigarlhg: Riprap stoaepave2; Sandblaatu. (pot tend=); Scaler; Septic tank diwer aad iastallez (lead); Taak scaler and cleaner; Tool shed checker; Uiadau clturer GROW? 2: Butrgymobile: Ctmcnt dunrpar (on 1 yd. or larger mixers and handliP bulk emeat); Coacrete saw (excludiag traitor t-1 . rote-scraper, chippiag hanmu, concete core cutter, toaczete grinder aad sander; Cribber - shorer, laggin aad-treach bracia9, hrrrd--ided laqgiaq hannner: Driller - ~11 power drills, iaeludiaq jackhutraer, multiple uait. whether Core, Diamoad, Waqoa, Track and all types of mecb,aaical &ills without r=9=d ' co the form of motive power; Driller (all other where drfllb9 is for use of qlosives); Gas azad oil pipeline wapper (pot tender and f ozm) ; Car aad oil pipeliae wrapper (6.ipch pfpe.aad over) i operator and tender of pneumatic, gas aad electric tools, cuacre te puazps; vibrating ma-es, multi-plate Lnpact~wr~~ and similar mechanical tools sot separately classified herein; pi9alapr (excludes all pressurited aad vacuum piping) . (Performing all services outside tie bulUiag liae ip Lhc 18-9 aad',iastaliation of pipe from the point of receiving pipe until l canpletion of the operation, including any and all fonts of tubular mattrial. whether pipe. metallic or non-metallic conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid, gas, air or other products WhdtSOeVer and witbout.rtgard to the nature of material from which the tubular material is fabritited); Powder blasters’ tender; Prefabricated manhole ias taller: Rock slinger: Sandblaster, waterblaster L nozzle operator); Scaler (using bos'n chair, safety belt): Steel . beaderboard; Tree Climber, using mechanical tools; Welding in connection wl tb labortr ‘s work GROUP 3: Asphalt raker: Layton box spreader (or similar type) TUNNEL LABORER CLASSIFICATIONS GROUP 1: Bull gang, mucker, track: Chucktender, cabletender; Concrete crew (includes redder and spreader); Dump; Grout crew; Tender for steel form raisers aad setters; Muckcr - tunnel (hand or machiael ; Nipper: Swimper (brake aad switch oa tunael work); Vibrator, jackbsmmer, pneumatic tools (except drill&r) multi- plate impact vrench GROUP 2: Blaster, driller, powder: Cherry picker: Grout gun; Kempcr aad other pneumatic coacrete placer operator; Miner in short dry tuanels under streets, highways and smlar places: Miner - tunnel (hand or machine); Powder (tunnel work); Steel form raiser and settu; Timber, retimber wood or steel GROUP 3: Powder - primer house (liccrued) on tuartel work; Shaft aad raise miau; Shifter; Blaster (licensed) all work of loading holes, placing L blasting all powder & ucplosives of whatever type regardless of nicthod used for such loading and placing . . . . . ..~......-..-..-r----r-C------r-----....~...........~...~.~. . . . : LABO0089B 11/01/1998 BRTCXTENDER . * Rates Friagu 17.58 7.13 FOOTNOTES: Work oa refractory stack work ia excess o* 100 ft. in height: fifty cats ($0.501 pu I+our additioaal. Work oa refractory work.where extreme heat prekats contbbous. work: fifty ($0.50) per hour additional. Work with carbon brick, acid brick or.pheaolic mortar: fifty : ($0.50) per hour additidnal. Work oa a swinging scaffold above fifty ft.: thirty-five Cents tt0.351 per hour additional. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LABOOO89C * 08/02/2000 PLASTERER'STENDERS: Work on single family homes and aparuneats and condhminiuzas? Plasterer tender Plaster clean up teuder laborer BUILDING CONS-ION: * . fluter Teadag PlFster clean up laborer , Kilitary Bases: Rates 19.08 3.62 16.53 9.62 2x.08 lB.f3 . Friages 9.62 9.62 . i . North Island Naval Air '-Y Station, Coronado Naval I. _ : I .+y z . 3 . i i f % i ’ ;a # i3 it- @ II ‘? I ? I \ $ I I 1 Amphibious Base and &Z’Perial Beach Naval tir Station Plaster Tender 24.08 9.62 * Plaster clean up laborcr 21.53 9.62 Residential work: Plaster Teader 22.08 9.62 Plaster clean up laborer 19.53 9.62 . . . . . . . . . . . . . . . . . . ..-........................................... moaa2A oi/or/2ooo Rates RfPgts ASBESTOS Rplovut IABcmER 13.72 4.31 SCOPE OF WORK: includes rite mobilitation, initial site clean-up, site preparation, r-l of asbestos-contaiaing material and toxic waste (iacludiag lead abatement and any other toxic materials), encapsulation, enclosure and disposal of asbcrtos- containing materials and toxic waste (including lead abatement and any other toxic materials) by hand or with equipment or machiaery; scaffolding, fabrication of temporary wooden b&i era, and assembly of dtcoatamiaatioa stations. . . . . . . . . . . . . ..----.....o...............................-.--..... &iia4)r oa/ol/2ooo Rates L&Born - STRrPmG: . CROUP 1 . 19.60 GRouF2 20.15 . GROUP3 . 21.97 GROUP 4 23.22 - SntrPiNG CLMSIFICLTXONS LIuKlRERs Fringes 7.76 7.76 7.76 7.76 GROUP 1: Protective cOat.d.ng, pavement s&fag, includfng ‘repair and filling of cricks by my method oa any surface in parking.. lets, game courts md ~layqruua da; carstops; operatioa of all rqlated machinery aad equipmeat; aquiprnrnt repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - r-1 of all traffic liner aqd markiogr by my method (sandblasting, . waterblasting, .griading, etc. 1 and preparatim of surface for . coatiogs. Traffic control peraan:~coatrolliag aad directing traffic through both coaveatiorral and moving lane closures: operation of all related nracblnery and equipment GROUP 3: Traffic delineating device appliator: Layout and aPPli=tioa of &mmat mazkers, delineating sigas, rumble wad traffic bars, adhesives, guide markers, other traffic delineatiag . devices iacludiag traffic coatrol. This utwory includes all traffic related surface prcparatba [sandblasting, waterblastiog. griPding as part of the application process. Traffic protactfve deliaeating system installer: reaaoves, relocates, installs, pemaatntly affixed roadside aad parking delineation bardcad-. f eacipg, cable an&r, guard rail, refereact signs, matmtpt markers ; operation of all related machinery and equipnent: Power broan sweeper CROUP 4: Striprrt layout &d l ppliua of ~~&f.ic rtri.pu and markings; hot therms plastic: tape traffic stripes ad marking8, including traffic coatrol; operation of all related machinery and equipmeat PAIN003 6D 08/01/2000 BUILDING AND HEAVY CONSTRUCTION: Rates Fringes PAINTS (includes lead abatmneat)24.02 * RESIDENTIU CONSTRUCTION 5.52 PAINTER (includes lead abatmeat) 18.40 5.52 . . . ..-.w..- . . . . . ..s---.--.--SW .....~~~~~~ ._-l-_-.-l----.-..._.-.. PAIN003611 10/01/1999 Rates Fringes DRYWUL FfNfS-: Work oa wood frame/stmctured construction 18.00 3.71 Ul other work 19 -40 6.18 . . . .._.........-................................................ PUN003633 07/01/2000 Rates Fringes CIAZIERS 25.55 7.99 . . . . . . . . . . . . . . . . . . . . ..-..........................~.............. PAINl399C 07/01/2000 Rates Friages SOFT FLOOR LAER 17.63 5.94 . . . . . . . . . . . . . . . . . . . . . . . ..-......................~.....~......... . PWS0200E 08/06/1997 . Rates Fringes p=TpcER 23.38 4.04 . . . . . . . . . . . . . . . . ..‘............~................................. . ~~~050.0~ 06/25/2000 -tea Fringes CESNT KASON: Work meeting any of the folleg criteria: 1) a rtsideatial wood frame project of any size; 2) work classified as Qpe XII, Type IQ or rype V COMtruCtiOn; 3) interior tenant improvaneat work, regardless of the size of the project: and 4) any wood frame project of 4 stories or less 19.17 All other building construction 4.80 20.82 4.80 Heavy agd highway constructioa 22.22 5.28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..-.-.---- PLUMOOl6F d7/01/2000 a Rates PLUMBER; PIPEFITTER; STEUDIZTER; AIR CONDITIONING & -GERATION: Work on resideatial stick construction aot to meted 4 stories .in height 20.41 Work oa strip malls, light commercial, teaant iBrprovement and remodel work 22.9s Work oa new additions aad remodeling of ringlt farPilY homes, bars, restauXa%tS, .stores and commercial buildings, sot to axceed 5,000 8~. ft. of floor space 24.93 * Ridges 3.3s '8.90 I ii.32 ~11 other work: camp Ptndlcton Remainder of County -SW& AND IRRIGATION WORX 20.23 11.10 .SEMERAND STORM DEUINWORX 17.46 10.76 28.03 11.87 25.78 11.87 ..I.......---- . . . . . . ..o...................................*..... PLm4034SA 07/01/2000 Rates Fringes -S-E & IRILICATION FITT&R 20.23 11.10 . . . . . . . . . . . . . . ..-.---.---....................................... R00F0045B 01/01/2000 Rates Fringes ROOFER 20.20 3.88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SFCA0669A 04/01/2001 Rates Rin9ar . SPRxNlazR FITTER 0h.E) 24 .so 6.00 . . . . . . . . . . . . . . . ..-.-............................................ . . '- .e : * SflEEO206A 01/01/2001 ~IET'ALWO~: - Rakr Fringes cmlp Pendleton 27.41 9.63 Ruaaindcr of County 25.41 9.63 . . . . . . . . . . . . . . . . . . . . . . . . . . ..~....~.......~.........~............ Tw0036A 06/16/1999 - Rates . Ringts TS~CXDRIVERS: GRom1 GROUP 1-A GROUP 2 cRoop3 CROUP a GROUP s GROUP 6 . CROUP 7 9.31 . 9.72 18.60 9.72 18.90 9.72 19.10 9.72 19.30 9.72 19.50 9.72 20.00 9.72 21.50 9.72 - ' .- . XAZMAT PAY: 'Work on a harmat job, where hazhat certificatfoa is rcqrtired, shall be paid. ia addition to the cltssificttion working in, as . follows: Levels A, B and C - +$l.OO per hoiu. workers shall be paid hazmtt'pay in inertmeats of four (4) aad eight (8) hours. TiUClC D- CLLSSIITUTIONS CROU? 1: Samper. fuel person [futltr without trucks) GROUP 1 -A: Motoriitd traffic corrtrol, pickup truck on jobsite . GROUP 2: Tro-axle dump cocks, two-axle flat bed, buahr person. coacrttt pumping truck, industrial lift truck, forklift under 15,000 lbs. . ’ GROOP 3: Tbo-melt water truck, three-axle dw uuck, thee- axle flat bed, erosion contrql nozzle p~rran, duappcrru &ZUCJC less Thea 6 l/2 ydt., forklift 15,000 lbr. ad ovtr~ Pm11 truck* pipeline work ta& driver; road oil spreader, Cama+ fittAbutor or slurry driver; boot ptnoza, Ross witr CROUP 4: off-road dump trucks under 35 tons mfg rated capacity, four axles but ICSS than seven axles, low.btd ta& and trailer, transit mix trucks under 8 yds., three axle water trucks, erosion control drive, grout mixer truck, dumpcrete, 6- l/2 yds. aad over, dumpsttr trudcs; DW lo's, 20's aad over; fuel truck and dyasdtt, truck greaser, truck mounted mobile swttptr: winch truck, tw axles GROUP 5: Off -road dump ~txucks 35 tons aad over mfg rated capacity, 7 axles or more, transit mix trucks 8,yds. aad over, A- frame trucks or Swedish craat. tire person, welder, winch truck 3 axles or more GROUP 6: off -road special equipment (including but not limited to water pull tankers. Athcy wagons, DJB, B70 Euclids or like equipment) GROUP 7: Repair person _______..........................................-..-........... WELDEELS - Receive rate prescribed for craft ptrfoxming operation to which welding is incidental. . rrrrrr-rrlr~m -IIIIII-I--I I~uIIII**IIII-~I*l~~~~~~~~ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR S-S(a) (1) (vI1. . . . . . . . . . . . . . . . . . . . . . . . ..o...................................... in the listing above, the =SU" designation means that rafts * listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate -ions whose rates have been det erznintd to be prevailing. . WAGE DET -TION APPEALS PROCESS z 1.) Aas there been an initial decision in the matter? This can be: * an existing published wage dttcrnctPation l a survey underlying a wage dettnaination * a Waqc and Xour Division letter setting forth a position on a waqt dcterminatiaa matter l a confonaance (additional classification and rate) Nling On survey related mahrs, initial coatact, ~cluding rtqutsts for sumaries of surveys, should be with the Wage and Hour Regional Office for the area in which the mey was conducted because -those Regional Offices &we rcspoasibility for the Davis -Bacon survey program. If the response from this iaitial contact is not satisfactory, and 3.1 should be followed. then the process described in 2.1 . With rtga'rd to any other matter not yet ripe for the forx!t-al process describtd here, initial contact should be with the Branch of ConstrUctioa Wage Dettetioas. Write to: Branch of CunstiVction Wage Determindtfons Waqt aad kur Division 0. S. Department of *Labor 200 Constitution Avaaue, N. W. Washirrp+on, D. c. 291U 2.)'If the answer to the question in 1.) is yes, thsa an iatertstcd party (&host affected by the action) caa request ' review and reconsidtration*frorP the Wage and Hour AddnistratOr -. (Set 29 CFR Part 1.8 and 29 CFR Part 7). Write to: wage and Hour Administrator U.S. Dtparment Of Labor 200 Constitution Avtnut, N. W. Washington, D. C. 20210 me request should be accacapanitd by a full statement of the interested party's position aad by any information (wage payment &ta, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, aa iptaresttd party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Addaistrative Review Board U. S. Dtpartxaeat of Labor 200 CoastitutioP Avenue, N. W. Washington, D. C. 20210 4.) All dtcisioas by the Administrative Review Board are final. END OF GENERAL DECISION . . . SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 2019 CONCRETE, MORTAR, AND RELATED MATERIALS 201-l PORTLAND CEMENT CONCRETE TABLE 201-I .1.2(A) Modify as follows: TABLE 201-l .I 2(A) @) PORTLAND CEMENT CONCRETE Type of Construction Concrete Class Metric Units (US Standard Units) Maximum Slump mm (Inches) Trench Backfill Slurry 115-E-3 200 (a) . (190-E-400) Street tight Foundations and Survey Monuments Traffic Signal Foundations Concreted-Rock Erosion Protection 330-c-23 (560-C-3250) 356-C-27 (590-C-3750) 310-C-17 (520~G25OOP) 100 (4”) 100 (4”) per Table 300-I 1.3.1 (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Tabfe 201-l .I .2(A) SSPWC. (2) As per Table 201-I .I .2(A) SSPWC. (3) Portions of Table 201-I .1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201-1.2.4 Chemical Admixtures. (e) Airentraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than l-l/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. SECTION 207 - PIPE 207-l 1 CORRUGATED STEEL PIPE AND PIPE ARCHES 207-I 19 Materials. 2079112.1 Generak Addthe~:~applied~coatingshau~eppliedtod~ steel pipe, perforated corrugated steel pipe, coupling bands, and fittings in accordance with Section 207- 11.5’of the SSPWC, Coatings, Linings and Pavings. 43 nc !I I ma rnntrart hln ?I W-J Patw 97 nf 100 Panes SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS Add the following: 2124 EROSION CONTROL (Type BFM) MATERIALS 214-4.2 Materials. Add the following section: 214-4.3 Fiber. Fiber shall be produced from natural or recycled (pulp) fiber, such as wood chips or similar wood materials or from newsprint, chipboard, corrugated cardboard or a combination of these processed materials, and shall be free of synthetic or plastic materials. Fiber shall not contain more than 7 percent ash as determined by the Technical Association of the Pulp and Paper Industry (TAPPI) Standard T 413, shall contain less than 250 parts per million boron and shall be otherwise nontoxic to plant or animal life. Fiber shall be thermo-mechanically defibrated from clean whole wood chips, containing a minimum of 25% of fibers averaging 3/V long, with a minimum of 50% or more retained on a #24 mesh screen. The wood chips shall be processed in such a manner to contain no lead paint, printing ink, varnish, petroleum products, or seed germination inhibitors. Fibers shall not be produced from recycled materials such as sawdust, paper, cardboard, or chlorine bleached paper mill residue. Coloring agents, if used, shall be biodegradable. Fiber shall have a water-holding capacity by mass of not less than 1200 percent. Fiber shall be of such character that the fiber will disperse into a uniform slurry when mixed with water. Water content of the fiber before mixing into slurry shall not exceed 15 percent of the dry mass of the fiber. The percentage of water .in the fiber shall be determined by California Test 226. Fiber shall have the moisture content of the fiber marked on the package. Fiber shall be colored to contrast with the area on which the fiber is to be applied, and shall not stain concrete or painted surfaces. 21.4-4.4 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. Stabiljring 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. Stabilizing emulsion shall be nonflammable, non toxic and shall have an effective life of at least one year. Stabilizing emulsion shall be an organic bonding tackifier of high viscosity colloidal polysaccharide with active agents, or a blended hyrdrocolloid-based binder. The stabilizing emulsion may be bonded to the . fiber by the manufacturer. The stabilizing emulsion shall not dissolve or disperse upon rewetting SECTION 213 - ENGINEERING FABRICS 213-2 GEOTEXTILES 213-2.1 General. Add the following: Geotextile types shall be used for the applications listed in Table 213-2.1 (A): 06/11/99 Contract No. 3190 Page 88 of 100 Pages TABLE 213-2.1(A) GEOTEXTlLE APPLICATIONS Application of Geotextile Separation of Soil and Street Structural Section Separation of Soil and Subsurface Aggregate Drain Type Designation sows 180N Reinforcement of Street Structural Section Remediation and Separation of Soil I 2oows 270WS 1 Drainage at the Interface of Soil Structure 1 Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg (% 1 250N I , Ton) Plant Protection Covering Erosion Control Fence wfth 14 AWG - 150 mm x 150 mm (6%“) Wire and 3 m (lo’) Post Spacing SON sows Erosion Control Fence with 1.8 m (6’) Post Spacing and No Wire Fencing 2oows Add the following section: 213-3 EROSION CONTROL SPECIALTIES Add the following section: 213-3.1 Sandbags. Sandbags for the use of temporary erosion control shall bs burlap type, filled with no less than 9.1 kg (20 Ibs) of 19 mm (3/4y) crushed rock and securely tied closed. SECTION 215 - FENCING Add the following section: 215-l’ ENVIRONMENTAL FENCING 2151 .I General. Environmental fence shall be minimum 4’ high, orange colored plastic construction fencing installed prior to performing any work. Environmental fence shall be constructed of non-toxic, non- conductive polyethylene capable of withstanding temperatures from -58F degrees to 194F degrees. Color shall be non-fading. Posts shall be 6-6” long, shall be spaced no more than lO’-O” apart and buried portion shall be no less than 2-6” deep. Materials may be commercial quality providing the dimensions and sizes of the materials are equal to, or greater than, the dimensions and sizes specified herein. Posts shall be either metal or wood at the Contractor’s option. Galvanizing and painting of steel items will not be required. Treating wood with wood preservatives will not be required. Concrete footings for metal posts will not be required. The Contractor shall, in accordance with Section 2-5.3.3, Submittals, of these special provision, submit the proposed materials to be used for environmental fencing. 2151.2 Environmental Fence (Permanent). Environmental Fence (Permanent) shall be placed as shown on the plans. Contractor shall be required to maintain Permanent Environmental Fence throughout the duration of the contract., Permanent Environmental Fence shall become the property of the City at the completion of the contract. 2151.3 Payment. Payment for the Permanent Environmental Fence be made at the contract unit price for Permanent Environmental Fence and shall indude all labor, materials, tools, and incidentals to lixmmctandrt3mwe~Eiwirannentaffsncswhem~bytileEnginesrandnoadditional compensation allowed therefore. SUPPLEMENTAL PROVISIONS t3 nw i fc49 Contract No ?l 90 Paae 89 of 100 Paaes TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK Add the following section: 300-12 CLEARING 300-12.1 General. This work shall consist of clearing the areas as indicated in the plans. The clearing work shall conform to Section 300-I ‘Clearing and Grubbing” of the Standard Specifications” as it pertains to cleating only. It is the intent of this contract that only the work of clearing be performed. During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor. The Contractor is directed to Section 7-5.3.1 for limitations on when Clearing work can occur. 300-12.2 Payment. Payment shall conform to Section 300-l .4 of the Standard Specifications. Modify as follows: Payment for clearing shall be made at the contract unit price for clearing and grubbing within the project limits and no other payments will be made. 300-12.3 Measurement. Areas receiving clearing shall be measured based on plan view area and shall not be based upon actual slope measurement. Add the following section: 300-13 STORM WATER POLLUTION PREVENTION Add the following section: 300-13.1 General. The Contractor shall exercise every reasonable precaution to protect streams, lakes, . reservoirs, bays, and coastal waters from pollution with fuels, oils, bitumens, calcium chloride and other harmful materials and shall conduct and schedule operations so as to avoid or minimize muddying and silting of streams, lakes, reservoirs, bays and coastal waters. Care shall be exercised to preserve roadside vegetation beyond the limits of construction. Storm water pollution prevention work is intended to provide prevention, control, and abatement of water pollution to streams, waterways, and other bodies of water, and shall consist of constructing those facilities which may be shown on the plans, specified herein or in the special provisions, or directed by the Engineer. in order to provide effective and continuous control of water pollution it may be necessary for the Contractor to perform the contract work in small or muftiple units, on an out of phase schedule, and with modified construction procedures. The Contractor shall provide temporary storm water pollution preventfan measures, in&ding but nut fimfted tb, dikes, basins, dftches, and applying straw and seed, which become necessary as a result of the Contractor’s operations. The Contractor shall coordinate storm water pollution prevention work with all other work done on the contract. 4m ’ w 06/11/99 Contract No. 3190 Pabe 90 of 100 Pages Unless otherwise approved by the Engineer in writing, the Contractor shall n!t expose a total area of erosible earth material, which may cause water pollution, exceeding 750,000 ft (17.217 acres) for each separate location, operation, or spread of equipment before either temporary or permanent erosion control measures are accomplished. Where erosion which will cause water pollution is probable due to the nature of the material or the season of the year, the Contractor’s operations shall be so scheduled that penrranent erosion control features will be installed concurrently with or immediately following grading operations. Nothing in the terms of the contract nor in the provisions shall relieve the Contractor of the responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code, or other applicable statutes relating to prevention or abatement of water pollution. Compliance with the requirements of this section shall in no way relieve the Contractor from the responsibility to comply with the other provisions of the contract, in particular the responsibility for damage and for preservation of property. When borrow material is obtained from other than commercially operated sources, erosion of the borrow site during and after completion of the work shall not result in water pollution.. The material source shall be finished, where practicable, so that water will not collect or stand therein. The requirements of this section shall apply to all work performed under the contract and to all non- commercially operated borrow or disposal sites used for the project. The Contractor shall also conform to the following provisions: 1. Where working areas encroach on live streams, barriers adequate to prevent the flow of muddy water into streams shall be constructed and maintained between working areas and streams, and during construction of the barriers, muddying of streams shall be held to a minimum. 2. Removal of material from beneath a flowing stream shall not be wmmenced until adequate means, such as a bypass channel, are provided to carry the stream free from mud or silt around the removal operations. 3. Should the Contractor’s operations require transportation of materials across live streams, the operations shall be conducted without muddying the stream. Mechanized equipment shall not be operated in the stream channels of the live streams except as may be necessary to construct crossings or barriers and fills at channel changes. 4. Water containing mud or silt from aggregate washing or other operations shall be treated by filtration, or retention in a settling pond, or ponds, adequate to prevent muddy water from entering live streams. 5. Oily or greasy substances originating from the Contractor’s operations shall not be allowed to enter or be placed where they will later enter a live stream. 6. Portland cement or fresh portland cement wncrete shall not be allowed to enter flowing water of streams. 7. When operations are completed, the flow of streams shall be returned as nearty as possible to a meandering thread without creating possible future bank ‘erosion, and settling pond sites shall be graded so they will drain and will blend in with the surrounding terrain. 1. Material derived from roadway work shall not be deposited in .a live stream channel where it could be washed away by high stream flows . a nc,* 1 ma rnntract hln ?lcm Dana 41 nf 1nn Panaz 9. Where there is possible migration of anadromous fish in streams affected by construction on the project , the Contractor shall conduct work operations so as to allow free passage of the migratory fish. Add the following section: 300-13.2 Applicable Permits. This project shall conform to the requirements of General Permit NC. CAS000002, Order No. 9908-DWQ issued by the California Regional Water Quality Control Board. This permit, hereafter referred to as the “Permit,” regulates storm water discharges associated with construction activities. Add the following section: 300-13.3 Liability. The Contractor shall be responsible for the costs and for any liability imposed by law as a result of the Contractors failure to comply with the requirements set forth in this section “Stan Water Pollution Prevention”, including but not limited to, compliance with the applicable provisions of the Handbook, Permit and Federal, State and local regulations. For the purposes of this paragraph, costs and liabilities include, but are not limited to, fines, penalties and damages whether assessed against the State or the Contractor, including those levied under the Federal Clean Water Act and the State Porter Cologne Water Quality Act. Unless arrangements for disturbance of areas outside the project limits are made by the Clty and made part of the contract, it is expressly agreed that the City assumes no responsibility to the Contractor or property owner whatsoever with respect to any arrangements made between the Contractor and property owner to allow disturbance of areas outside the project limits. Add the following section: 300-13.4 Retention of Money. In addition to any remedy authorized by law, so much of the money due the Contractor under the contract that shall be considered necessary by the City may be retained by :I-;: City until disposition has been made of the costs and liabilities. The retention of money due the Contractor shall be subject to the following: 1. The City will give the Contractor 30 days notice of its intention to retain funds from any partial payment which may become due to the Contractor prior to acceptance of the contract. Retention of funds from any payment made after acceptance of the contract may be made without prior notice to the Contractor. 2. No retention of additional amounts out of partial payments will be made if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to Section 9-3.2, “Partial and Final Payments,” of the Standard Specifications. Add the following section: 300-13.5 Access. The Contractor shall, at reasonable times, allow author&d agents of the California Regional Water Quality Control Board, State Water Resources Control Board, U. S. Environmental Protection Agency and local storm water management agency, upon the presentation of credentials and other documents as may be required by law, to: 1. Enter upon the construction site and the Contractor’s facilities pertinent to the work; 2. Have access to and copy any records that must be kept as specified in the Permit; 3. Inspect the construction site and related soil stabilization practices and sediment control measures; and 4. Sample or monitor for tfie purpose of ensuring compliance .with the Permit. The Contractor shall notify the Engineer immediately upon request from regulatory agencies to enter, inspect, sample, monitor or otherwise access the project site or the Contractor’s records. Add the following section: 06/11/99 Contract No. 3190 Page 92 of 100 Pages 300-13.6 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, hereafter referred to as the “SWPPP,“. The SWPPP shall conform to the requirements of the Standard Specifications, the requirements in the California Storm Water Best Management Handbook (Handbook), the requirements of the Permit, the requirements in the plans and these special provisions. No work having potential to cause water pollution, as determined by the Engineer, shall be performed until the SWPPP has been accepted by the Engineer. 300-13.6.1 SWPPP Document Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2-5.3.3 of these Special Provisions. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 7 days of receipt of the Engineers comments and shall allow 7 days for the Engineer to review the revisions. Upon the Engineer’s acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engineer may conditionally approve the SW PPP while minor revisions are being completed. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construction site both during and after construction is completed under this contract. The SWPPP shall incorporate control measures in the, following categories: 1. Soil stabilization practices; 2. Sediment control practices; 3. Sediment tracking control practices: 4. Wind erosion control practices; and 5. Non-storm water management and waste management and disposal control practices. Specific objectives and minimum requirements for each category of control measures are contained in the Handbook. The Contractor shall consider the objectives and minimum requirements presented in the Handbook for each of the above categories. When minimum requirements are listed for any category, the Contractor shall incorporate into the SWPPP and implement on the project, one or more of the listed minimum controls required in order to meet the pollution control objectives for the category. In addition, the Contractor shall consider other control measures presented in the Handbook and shall incorporate into the SWPPP and implement on the project the control measures necessary to meet the objectives of the SWPPP. The Contractor shall document the selection process in accordance with the procedure specified in the Handbook. The following contract items of work, as shown on the project plans, shall be incorporated into the SWPPP as permanent post-construction control measures: erosion control (Type BMP), silt fence, sand bags, drainage intlet protection, drainage outlet protection, stabilized construction entrances, and stabilized construction roadway. These wntrol measures shall be utilised as construction period control measures. Attention is directed to Section 62.1, “Order of Work” of these special provisions. The Contractor shall consider other control measures to supplement these permanent, post-construction control measures when necessary to meet the pollution control objectives of the SWPPP. The Contractor shall maintain and protect the permanent control measures throughout the duration of the project and shall restore these wntrots to the lines and grades shown on the plans prior to acceptance of the project. See Section 300- 13.66 for maintenance tequiremerns after acu+anoe. a ncli 1 ma Pndrm-t Nh ?lM Dacre 97 nf 1Ofl Panec The SWPPP shall include, but not be limited to, the following items as described in the Handbook and Permit: 1. Source Identification; 2. Erosion and Sediment Controls: 3. Non-Storm Water Management: 4. Waste Management and Disposal; 5. Maintenance, Inspection and Repair; 6. Training; 7. List of Contractors and Subcontractors; 8. Post-Construction Storm Water Management; 9. Preparer: 10. Copy of the local permit; 11. BMP Consideration Checklist: 12. SWPPP Checklist; 13. Schedule of Values; and 14. Storm Water Pollution Prevention Drawings. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit, or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. By June 15 of each year, the Contractor shall submit an annual certification to the .Engineer stating compliance with the requirements governing the Permit. If the project is in non-compliance at any time, the Contractor shall make a written report to the Engineer within 15 days of identification of non- compliance. Add the following section: 300-13-6.2 Availability of SWPPP template. A site-specific draft document intended for use as a template for the required SWPPP document will be made available for use at the Contractor’s option, at no cost to the Contractor. The draft document is available for review at the City of Carlsbad, 1635 Faraday Avenue, Carlsbad, CA 92008. The Contractor shall review the template and modify it as necessary to reflect the Contractors operations. Add the following section: 300-13.6.3 Schedule of Values. The Contractor shall submit with the SWPPP, for acceptance by the Engineer, a schedule of values detailing the unit cost breakdown of the items of work for storm water pollution prevention. The schedule of values shall reflect the items of work, quantities and costs for Control measures shown in the SWPPP, except for critical temporary controls and permanent control measures which are shown on the project plans and for which there is a contract item of work. Adjustments in the items of work and quantities listed in the schedule of values shall be made when required to address accepted .amendments to the SWPPP. a * Q# 06/11/99 Contract No. 3190 Pa& 94 of 100 Pages The sum of the amounts for the units of work listed in the schedule of values shall be equal to the sum of the Contract unit prices for erosion control items shown in the bid schedule. Add the following section: 300-l 3.6.4 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these special provisions, the Contractor’s responsibility for SW PPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 8-3, “Suspension of Work,” of the Standard Specifications. Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the Handbook and these special provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between November 18 and April 14. Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season. Throughout the winter season, the active, soil-disturbed area of the project site shall be no more than 5 acres at any time. The Engineer may approve, on a case-by-case basis, expansions of the active, soil- disturbed area limit. The Contractor shall demonstrate the ability and preparedness to fully deploy soil stabilization practices and sediment control measures to protect soil-disturbed areas of the project site before the onset of precipitation. The Contractor shall maintain a quantity of soil stabilization and sediment control materials on site equal to 100% percent of that sufficient to protect unprotected, soil- disturbed areas on the project site and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully deploy control measures required to protect unprotected, soildiiturbed areas on the project site prior to the onset of precipitation. The Contractor shall include a current inventory of control measure materials and the detailed mobilization plan as part of the SWPPP. Throughout the winter season, soildisturbed areas of the project site shall be considered to be nonactive whenever soil disturbing activities are expected to be discontinued for a period of 20 or more days and the areas are fully protected. Areas that will become nonactive either during the winter season or within 20 days thereof shall be fully protected with soil stabilization practices and sediment control measures within 10 days of the discontinuance of soil disturbing activities or prior to the onset of precipitation, whichever is first to occur. Throughout the winter season, active soildisturbed areas of the project site shall be fully protected at the end of each day with soil stabilitation practices and sediment control measures when the (5) five day rain probability forecast exceeds forty percent (40%). The weather forecast shall be monitored by the Contractor on a daily basis. The National Weather Service forecast shall be used, or an alternative weather forecast proposed by the Contractor may be used if accepted by the Engineer. If precipitation is predicted prior to the end of the following work day, construction scheduling shall be modified, as required, and the Contractor shall deploy functioning control measures prior to the onset of the precipitation. The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind, erosion, non-storm water management and waste management and disposal. ThefngineermayordeKthesuspensian of constfuctiort opera*, a! ttw contfact~s cost, whioh CPeete water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. 06fi 1199 Contract No. 3190 Pane 95 Of 100 Paoes Add the following section: 300-13.6.5 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. The construction site inspection checklist provided in the Handbook shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection. During the winter season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows: 1. When the fiveday rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site; 3. At 24 hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every 2 weeks. . If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. Add the following section: 300-13.7 Erosion Control (Type BFM). General. Erosion control (Type Bonded Fiber Matrix) shall meet the Material requirements in Section 212- 4 *Erosion Control (Type BFM) Materials” of these special provisions and shall conform to the provisions in Section 3OB-4.9 of the Standard Specifications and these special provisions. Erosion control (Type BFM) work shall consist of applying erosion control materials to embankment and excavation slopes and other areas disturbed by construction activities to create a bonded fiber matrix Erosion control (Type BFM) shall be applied during the period starting November 13 and ending cover. Atrril 14 or, if the slope on which the erosion control is to be placed is finished during the winter season is specified in “Storm Water Pollution Prevention” of these special provisions, the erosion control shall be applied immediately: or, if the slope on which the erosion control is to be placed is finished outside both specified periods and the contract work will be completed before Seotember 1, the erosion control shall be applied as a last item of work. I Prior to applying erosion control (Type BFM) materials, vegetative growth, temporary erosion control materials and other debris shall be removed from areas to receive erosion control (Type BFM). Do not awlv erosion control rrvPe BFMI materials lf rain is exoected within 24 hours. Do not awlv tQ saturated soils. Wet surfaces. caused bv sukxrface swos and drainaaes shall be remedied orior ts ggolication. The Contractor shall prepare erosion control (Type BFM) 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 spray all areas with a uniform, visible coat. ‘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 material already placed and shall attempt to spray from the edges of the receiveing areas wherever possible. Any slurry mixture which has not been applied ’ 06lllt99 Contract No. 3190 Page 96 of 100 Pages to the receiving areas within four (4) hours after mixing is be rejected and removed from the project at the Contractor’s expense. Any slurry spitted 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. Bonded fiber matrix shall be mixed into a liquid slurry and shall pass a free liquid quality test. The binder shall not dissolve or dispense upon watering. The matrix shall have no holes greater than l/16” in size. The matrix shall no gaps between the product and the soil. The matrix shall have a minimum holding capacity of 1.2 Gal/Lb. The matrix shall have no germinating inhibiting factors and shall not form a water impermeable crust. The matrix shall be comprised of materials which are 100 percent biodegradable. Erosion control (Type BFM) materials shall be applied in three aoolications to ensure adequate coverage. The following mixture in the proportions indicated shall be applied with hydra-seeding equipment. Material BFM (Fiber & Stabilizing Emulsion) Pounds Per Acre 3800 The ration of total water to stabiliting emulsion in the mixture shall be as recommended by the manufacturer. The ratio of stabilizina emulsion to total fiber in the mixture shall be as recommended bv the manufacturer. The proportions of erosion control materials may be changed by the Engineer to meet field conditions. Erosion control materials shall be applied from alternate directions to achieve 100 percent soil cover and avoid %hadowing”. Erosion control materials shall be applied to produce a cover of not less than % ” over the entire area. Add the following section: 300-13.8 Payment. The contract lump sum price paid for Preparation of SWPPP ‘includes all the work involved in developing, preparing, obtaining acceptance of, revising and amending the SWPPP and for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in installing, constructing, maintaining, removing and disposing of control measures as specified in these special provisions, and as directed by the Engineer, except those on the plans. The contract unit price paid for storm water pollution prevention items: erosion control (Type BFM), silt fence, sand bags, drainage !ntlet protection, drainage outlet protection, stabilized construction entrances, and stabilized construction roadway shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals. Those control ~measures which are shown on the project plans and for which there is a bid item for the work will be measured and paid for as that item of work. Changes in control measures required by an accepted amendment to the SWPPP that is not a result of the Contractor’s change of construction activities or operations, or a result of a violation of any condition of the Permit, or a result of the accepted SWPPP not effectively achieving the objective of reducing pollutants in storm water discharges, will be considered extra work, in accordance with Section 3-3, “Extra Work,” of the Standard Specifications and the following: If the control measure is a contract bid item and listed in the accepted SWPPP schedule of values, an adjustment in compensation for the contract item will be made by applying the increase or decrease in quantities to the affected bid item. No adjustment of compensation will be made to the unit price listed for any item in the schedule of values due to any increase or decrease in the quantities, regardless of the reason for the increase or decrease. 06/11/99 Contract No. 3190 Page 97 of 100 Pages If the control measure is not a contract bid item, payment will be made according to Section 3-3, ‘Extra Work,” of the Standard Specifications. . The Engineer will retain an amount equal to 25 percent of the estimated value of the contract work performed during estimate periods in which the Contractor fails to conform to the requirements of this section as determined by the Engineer. Retentions for failure to conform to the requirements of this section shall be in addition to the other retentions provided for in the contract. The amounts retained for failure of the Contractor to conform to the requirements of this section will be released for payment on the next monthly estimate for partial payment following the date that an accepted SWPPP has been implemented and maintained, and water pollution is adequately controlled, as determined by the Engineer. Add the following section: 300-14 EROSiON CONTROL MAINTENANCE. 300-14.1 General. To ensure the proper implementation and functioning of permanent post-construction erosion control measures, the Contractor shall maintain items of work identified in Section 30 -13 “Storm Water Pollution Prevention” for a period of 90 days after Contract work has been accepted by the Engineer. The work shall include, but not be limlted to, litter control, weed control, stake repair and general repair and/or replacement of permanent post-construction control measures. The Engineer shall approve all methods and materials for such control. Upon approval, the Contractor shall implement the control measures, exercising extreme caution and taking all steps to ensure the safety of the public. During the erosion control maintenance period, the Contractor shall furnish sufficient workers and equipment on a regular basis to perform the work required by this section. Any period when the Contractor fails to adequately carry out specified maintenance work, as determined newssary by the Engineer, will not be credited as one of the erosion control maintenance days. All erosion control areas which are damaged by construction shall be repaired by the Contractor within ten (10) days following completion of construction. The Contractor shall repair such damaged areas; The repair shall consist of bringing the damaged area back to final grade, preparing the soil, reapplying the area with the same erosion control as originally specified, and maintaining the area to achieve acceptable soil stabilization or sediment control. Add the following: 30&14.2 Measurement and Payment Add the following: The contract lump sum price for Erosion Control Maintenance shall be considered as full compensation for providing all labor, equipment, materials tools and incidentals necessary to maintain erosion control items as shown on the plans and specified in the SSPWC and these supplemental provisions. SECTION 310 - PAINTING Add the following Section: 310-7 PROJECT lNFORMAllON SIGNS Add the following Section: 310-7.1 General. Before any major physical construction work readily visible to highway users is started on this contract, the Contractor shall furnish and erect two Project Information signs at the locations designated in the plans. The sign message to be used toor the Year of Completion of Project Construction will be furnished by the Engineer: The Contractor shall furnish and in&tall the “Year” sign overlay within 10 working days of s 06/l l/99 Contract No. 3190 Page 98 of 100 Pages notification of the year date to be used. The letter sizes to be used shall be as shown on the plans. The information shown on the signs shall be limited to that shown on the plans. The signs shall be kept clean’ and in good repair by the Contractor. Upon completion of the work, the signs shall be removed and disposed of outside the highway right of way in accordance with the provisions in 300-1.3, “Removal and Disposal of Materials” of the Standard Specifications. Add the following section: 31017.2 Measurement And Payment. Full compensation for furnishing, erecting, maintaining, and removing and disposing of the project information signs shall be considered as included in the contract price paid for Furnish and Install Project Information Signs, and no additional compensation will be allowed therefore. SECTION 314 - FENCE CONSTRUCTION Add the following section: 314-l ENVIRONMENTAL FENCING Add the following section: 314-1.1 General. Environmental fence shall be furnished and constructed, maintained, as shown on the plans, as specified in these special provisions, and as directed by the Engineer. Temporary fences that are damaged from any cause during the progress of the work shall be repaired or replaced by the Contractor at the Contractor’s expense. When no longer required for the work as determined by the Engineer, temporary fences shall be removed. . Removed facilities shall become the property of the Contractor and shall be removed from the site of the work, except as otherwise provided in this section. Removed temporary fence materials that are not damaged may be reused in the permanent work providing such materials conform to all of the requirements specified for the permanent work and such materials are new when used for the temporary fences. Holes caused by the removal of temporary fences shall be backfield with native material. Add the following section: 314-1.2 Measurement and Payment. Environmental fence will be measured and paid for by the foot. The contract price paid per foot for environmental fence shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in environmental fence, complete in place, including maintaining, removing, and disposing of environmental fence, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. v3 nc I4 4 ma rnotnct hln 44 on tkna 00 -f 4nn ~~~~~ 06/l l/99 Contract No. 3190 Page 100 of 100 Pages . -l- LOS ANGELES DISITUCT US. ARMY CORPS OF ENGINEERS CERTIFTCA~ON OF COMPWCE m ‘- DEPAR-IMENT OF‘IHE ARMY NA’TIONWTDE PEfUknT Permit Number: 2oooo1251 Date of hance: Au+ 24,200O Name of Pexmititer City of Car&bad City of Carkbad En@neeengDep-t 2cmLasPaknascouTt Carlsba&calhmia 92009 . . Upm completion of the ackivity at;rtimxked by this pexmit, sign this cstikaticm and return it with. an original signatwe to&e foIlowing addnss us. Army caps of Engineas AmOM ReguIatoryBm& (2000Ol251) P-0. Box 532711 LAX Angeles, California 9cns3-2325 Please note that your pexmitted actitiv is subject to a compliance imp&on by a Corps of Engineers’ represmtative. Jf you fail to comply with these Nationtide pamits you may be Subject to pennit suqmuion, modiktio~ or rwo+on 1 hereby certify that the work k~thoriz& by the above x&rcnced NatiOntide permit has beat completed in accordance with the texms and conditions of said permit ‘; SigMture of Permittee Date 7 ’ . -2- FuAemmm, YOU must CUE& with tk following SpeciaJ Condition(s): . 5. zhepee~shalIemp~anstMaKd BesrhdamguxmRa+~ro~tbnt~ ~t=i4sjtddYesorex6sivecmrica\ donota+rSanbkcs~~project 6. ThepaetteeshRennulc offuel rhataIlvthidaPlaintcnancc,staging,~geanddispensing oamin~irduplandartu.Thepcrmirlre3unwrm thatthese . d~ptd+ndaxusareloQtcdinsu&a ~Watasofth&E. ~8stoprrventtny~~ . . -3 7. 8. 9. 10. 11. Theme runme all excess fill and/or construbm debris, temporary fill or ~~~usedforaausanddewatezingforcmstnz cti~n purposes, and equipment from ~e~~immgdiattkycrpOnCO@&i~Ofcanstrucriorr prior to onset of construction/ezmwation, the pamittee d+ p&de the cunwaaor(~) withacopyofthispcrmit ThecontractOrshallreadandagrrttocomplyti~~ curldikns haen DistuIwshpe-inthcvicinityofanyjmisdictior;alwateaofthcusshanbe . sbbihedusingju~ntttizrguro~appropriatemcans, and reWgetakd With native vegetatio;lpiioItD~clnsttof~efhstwintcrrainsfollowingcons~~~x,asto nrinimiztxdi ‘dtionand&&CdimpaC!Stothrcdraina~ ?htpcrmiftccshanprwidcnotifica~d~writtmorv~~ocorpsofEngtneers atleastancwcJr~tbfhrcstartofw~ashothc.~~a~begirrningMdcnding &tsofcanstn;rctiah . Acopyof~pcnnitshanbtonthejobsiteatan.timesdtrringcons~ The pemitke~providtacopyofthlspamittoalIcmikumtmar(s),~ceor(s) . . isndforcpexms(s)- lhepedke~rrqrrire~talI&-~s),~r(s) and~~)readthisaufho5ticaninitsentirctypricn~~irritiationaftheprojcct ’ andensuxethataila@pr0@atepqGta@ths~im@hna&siasintmded IZ~~~of~~tianplanstzallbeirdtiatrd~aapointwhcntfrr~~ dcveiopmcnt0fthtsitcwopldnot~~thrpo~tial~0f~instalLd . xnitigation b@mentation of the rnitigatian should be timed to taEEe advantage of the COOIFk-&?Wt?tSZWIL . a Photogmphshknatthepmjstsiteb&re,dtlringandafkr~for ~asC~~gnikar&tOimpackt0watersoftheUS.;and b: Onecvpyof’aslmWdrawings . ‘Ihisle~ofv~~~isvalidfora~~nottoerctcdhvoyeaa~~M~~~de permit~~~teisnrcd,orrcvokedbeforetbattiatc. Itisincumbentupnyouto~ hformcd of chiqes t0 &!e rulhrlwide pami&. A iudhwidc permit dots not gxant any pzupaty tights or exclusive p&legs Also, it does not a@oiirc MY irgrpy TV thr property or righe of othas Or authxhc intafercnce with M~C&hg~ppOSdF&dpmject Wre, it doa not obviati the need to obtGn o&a F&m& state, or local authorihicms rquired by law. - . . 4 Thzmk you for participating in our regulatory progasn If F Ime questions, plca~e m-aact Karen M Maxzc at (858) 674-a 7 . , D : .; , i’ ‘b . P . . i .I . f . . , . APPENDIX A: VARIOUS RESOURCE AGENCY PERMITS -Please note that all Ap JE ndlx sections are available In HARD COPY ONLY- ‘ts 06/07/99 Contract No. 3190 NATIONWIDE pERMTTNuMBEREIwITNwI*MQS, and NW33 ZRMS AND CONDRZONS L Nationwide Pamit m mC MnS, ad Nwa Tams y~r~driq t ruthorircd under NWZZ NW%. hWlS d NR33 stabjui to tbc foUow+ trrmc Nationwide IUumb~ U: Utilitv Lien Discharaa. Dkhargs of dredged of a rrraw assoda~withotovatioa.badcfinoltbcd~~u~Iina,incfudingoutfanandin~ . s&uctura,pmeddthedsnochangrcin~ wntouxs. A “utiii~ line “is de&& ~~~pipcOrpipelineforthctransporhtianafan)r~,~~~,Or~~ srrbstancc,,fore~andMyQbL,line,orwitcfor~~~foranypurpascof deaicaItnergy,,~md~ph xneaga,anddioandteleeb~tiOn. Thc~‘u~tylint”doanota~~topipesconvcyingdrainagcfromMothcraha lb% NWPauthoziasmuhanhdlandclearing~ fort?leinstanationofutiJi~~, . ~g~~du~tplincs,~ed~c~aruit~tto~minimum~ pmmmru&oncontoubIhmain~~er,aoxssroads,~or PermMent, or foundations assohtedwifhoverhmduSiitykt~,arermtaufhorizcdby~ NWP. Ma~rrsulting~mbrnchaQMtionpuybt~ysidccast(trptothhc monthr)knto~~OfthcUnibcdSta~,pro~ed~t~ma~isnotp~ccdin~a mannertbatitisdispasdbycurraxk oroilierhrcs TheDEmayoctcndfheperiodof t ‘poraq sidc-casttng not to exceed a.totaI of 180 days, where approphtr The area of waters t. ,rtU~~Sh~that4~.nrust~~tothtminimrrm~tDcQzstruct $wtilitplinc ktwefhdsthctop6”tolZ” of~hn&&muldgenmIlybebac3Skdwith topsoilkoqrthekauh Euessmaterialmustberemovedtoupland~immediatelyup . mnple6on of B kyq&dslupuzmd-b&smustbe&ibiEz& . . hItediately~conrplctionoftheumylh (see33cERPart3L2). . ~oticationz The pen&tee must no* the diskkt cqineer in acmrdance with the “Notification” generaI amdition, if any of the fonowing criteria are net . . a. Me&anbd land hazing in a forested wetland; ‘b. A Section 10 permit is rquired for the utility line; e llxe ufility line is waters of the @ted States exceeds 500 fee6 or, d The utility he is placed within a jurisdictional area (Le., a water if the United Stats), and it runs para&? to a strcambed that~withinthaq&di&oAaI arca. (SectionlOand404) . Jatimwide Number 14 Road -a. Fib for roads ao&ng waters of the LJnitedStates !dudingwctkndsando~~rquaticsita)prwidcdttrc~rnrctsalIof~ 3- kgcrittrik- ‘a.ThewidthofthefillisLimittdtatheminimMln~forthcactualcrossing; . b. The &ll placed in non-tidal watek of the United States is limited to a filed area of no more than l/2 acre for each separate and distinct crossing. c TIME cmssing is adverted, bridged or oth& designed to prevent the iestiction of, ad to withstand, expeckd high flows and tidal flak, and to prevent the restriction of low flows and the movement of aquatic organ&m; d. The aossing inchding all attmdant features, both temporary and permanent, b pa of a single and complek project for mssing of a water of the United States; and, e~,For Ells in special aquatic Sites, including wetlands, the permittee nofiu tie tit&t Engineer in accordance with the WoScation” general condition The notikation m-t also inchde a delineation of affeckd spehl aquatic sits, inchxkg wetlands. -. ‘IhisNWPmaynotbttambintd~NWP18ar~25forthcp~ofincreasingthe footptnt of the mad aossing. Some road Ells may be eligible for an exemption from the need foraSectian404pcrmit~~(xt33CFR323.4).Aiso,Whcrrlocal 6rcumstancuindicak thcnttd,~~~~,wiIldtfincthtterm”~~flaws”for~epurpoxof eshbl%hinga@icab=~of thisNWF. (sections 10 and404) . . Nationwide Number 18: Minor DischKpcs. Minor dkbrgu of dredged or ELl material into all watrrsofthc:unittdStatcs~thattheactiPitymcctsaZI~~~~~g~~ .-. b. The dkhaxge, including any excavated area, willnot mzse the loss of more than l/10 am of a spe&l aquatic site, including wetiands. For the purposes of this NWP, theacrrage~tionindudesthcQlcdarraMdoccavahdarcaplusspedalaquatic ~~~tareadv~~byfloodlngandspedalaquaticsiks~tarcdrain+dso that they would no lunger be a water of the United States as a result of the proje : c If the dkharge, including any aeavated area, exceeds 10 cubic yards below the plane oftheotdinary~~wata~orthchightidelineorifthedischatgcisin.aspedal aquatic site, ixacluding wetlands, tht pamittee noses. the Distria Engineer in accordance with the “Not&atia’ genesal condifion. For &schaq3 in spedal aquatic situ, in&ding wetlands, the notEdon must ah in&de a delineation of aEected spedal aquatic sits, hduding we&r& (AISO see 33 CFR 330.1(e)); and cl. The dkharge, i&ding all a-features, both kqrxaxy and pcrmane~~t, is part of i single and complete project and is not placed for the purpose of a s&am diversion tThisNWPc;annotbcuscdincorrjrmctionwi~-NWP26foranysingleand~~~ project (sections 10 and 404) . Nationwide Number 33: Temw Constmction. Access and *at&q TqOV I . I- .? 7 7 strum, work and dkchges, including coffadams, necssaxy for cms&uction activities or a&s fills or dtwatering of COXXS- sites; provided that the htedp+axy activity is au~orizedby~6rpofEngincasor~USCo;rstGuKd,orforo~~construction a&tie not subject to the Corps OT US. Coast Guard rtgplati~nr Appropxiate meztsuss must ~~~znaintahnearnoamalduwnstream~auadtominimhe boding. Ku must be of ~tt&k,anciplacedina mwnn,thatMhotbeemdedby~hi$lflowszheuseof drtdgedmatczialmayklllowcdifitisdetmrrincdbyttrtDis~Enginctrthatitwillnot ~~mo~thanmEmaladvaseeffa&anaqaticmouxuT mtparuy~mustbecntireIy remwedto~land~,or~~~~~boitr~l~~foll~g copIplctianofthe~activity,andthe-aElccbcd~bebcto~ prtpmjectmnditiorrs~~cannotbtrt#d~dewabcrwe~oi’o~aquati=- SOaStochangctG==s- l&inpkaC&XO- ~rmrovedrequireaSeaion ~OpcrmitifloQ~in~~~~~oftfic~Statcs.(scc33cFRPut3p),The pamittmnastnofifytlEDistdctEngipccr inaaozdan~withthe”NotSdian~gcneral canditiohPrtirotificationrmrst~inctudta~tiernplw~rcasanabLmtasurestoavoid and minimize adverse e&x&to aquatic - condiscm,whch~, TheDk+Engimermlladdtpedal toamrethatadvasecn * ‘~lefkisartminknalsu& . . COdlOlS~piIldUdc:~gthc~ worktotheminipurmMcexsary;rcquiring xaranal~mqdiFyEngthcBtOZ3tiqnplan;and~*~ akmafive~on methd (tg., m matr in wedands whent pdcabk). (sectians 10 and 404) 2 N&oanddc?dt cinad Cax&@m . . gemridJy or individually) does not require or approve a water quality managancnt plan, the .: prmince must inJude design uitah and t&Gqua that will - that the author&d work does not result in more tiun minirml dcgnchion of water quaby. An wt component of 1 water p&y rnarmganent plan induda stormwatu mnqcmtnt that minimizs dcgndation of the downsbrrm aquatic systar~ induding water quality. Refer to Gmd bdition 21 for stormwater mganent te+mnem Another imporhnt annponatt of a watu quaby Iruluganalt pkn is the CStdWurdmrin- of vegemed buffas next tu open nmtus, ixhiingstnmu, Refffto &WA Condition 19 for vegetakd buffer mquiranaxts for the NWPs 1~. w Zone hhna~nt Jn - ata, an individual ate masal zone managrment consirtcncy QO~~CUIIQIOC must be obtrincd or waived (xt kaion 130.4(d)). 11. EndurhSpcda (a) No activity is author&d under any NWP which is likdy to jeopadb the contkrucd A of a timatened or adangered sphs or a speck pmpod for such designation, u idmtisd under he FcdcrrlEndrngerrdSpcdsActor~~datroyora~~y~thc~~~~ihtofsuch speda. Nefcdd paAtk~ hll notify the Dis&ict Er&ncct if my list& spe6a or deriptd ~~~~t~~k~orLinthevidnityofthcprojcEtorir]wtedinthedai~tcd~ti~ ~~turd3unnotkginworlron~~yuntilnotifitdbythc~Engin~thrtthe ofthtEnbngrrrdSpsdaMhvcbann~~urdthtthr:lcLivitykauthorind For rH!i&tht?xLayaffded~-~ adangud or tkumtmcd spais or d&p&d aitial hrbitrt~~tionmwLindudcthe~s)oftheendur~orthrrri~~speds~tPUybe rffcehdbytfrcpropo+cdworkorthttrtilitcthrd~~ttdcriti~~~tht~ykrHcctcdbythe propodwo& krdtoikmxdoridixadd~tl ‘onwiththcnvsorNMFs,theDiseict ~ginecrmay~ddspedmp&iicr+o&lmdquedspeciaamditiarutotheNW?NWPr (b) Authodatim 0f.W acdvityby a n86unade pennit dw not ruthori2x the -take- of a thnatawi or m&qered~aud&nedrmda&eFtda&ErbnguedSpeciaA~ hthcabsa~aofsepaatc l uthorimtion (cg., an Eu Setion 10 Paz& a Biologial Opinion Ah %cidental bke’ pmhsionr. ~)~rhcUS.F~~WildlifeSeniaor~Nationrl~FrshcriaSavic+,botfilcLhrlurd nod&al %hs* of protated spda are in violation of he En- Specie Ad. Information un ~~eionof~~urd~~amdtheir~tial~~tMbtobtrineddirect)y frwr~o~ofthtUSFishurd~SaviacurdN~tioMTMuincFkheriaScrviaor~ worldwidcwebpm~ ~tht+//wmJmgw/rZjahpp/axdq+mIand . . ’ - htrg.// -mnkgov/protra/c~ 12 IBstox5cPqatiu No~which~yrfleethisroric~~~or~~k~~~~~ NationrlRrgLhrofHistoricpkasirnr~rpltilthDEhu~B~~ebcpro &iunsofBcFR Pur325,WC ThepmrpcctivepmnirtrrmudnotzytheDktddEnginccriftheauthoxbda&vit)r .~y~~y~c~6lishddacrmincdmktligblt,orwhirn~piosptctive~hu . rruonrnkfievermykcligiblcforlirtingontheNationrl~ofHisrPricPLca,Md~notbegin dK~~notificd~ttKDLhiaEnginrerthte)rc~ritrq~~ofthtNa~~c . PmmdlonActhvebeensltbfieddttutthe~~urdumoed krfomytionon~l-tionurd . a6taaaoE~crrsoptm MkOt#&&6pmdUShiEHStOricPracmti~Of3k&IthNdRUl R+terof~cpkc6(s633cFR~qg)). Foracmi6thxtmyrffca~ticpropertia~~‘or eli@lc for Es&g h the Natirmrl w of H&toric Ptea, the notifiakn mrrrt rhte which MC ~mtpk8.fTtXtd~tiWpmpcxicd work or indude a vicinity xup indiakg tfK Ioation of the itkuo~pmpert). l3. Nodfiacion. (a) rmng Whertreedrsd~thc~ofthcNWP,thc~vcpanithc~notiFyrhe . . mstdehginswitha~~ (KN)asaAympassiblcLl%eDisMakrginecr mrrsrdcclmnincilthc~ir~plebcwi~H)&rofthc&ttofrraeiptindMrrquat~ . 8ddieond~ nemcBsarytomJccthePmasmpktr6nlyoner Howcwz,iftheprrapecavc prm;rtbccdoanotpro*ide111dthcrrquahd~tiattrenLhc~~~winnotiZyrhe prorpaircpumhethatrhcIcNbltin~p~andthemmirw proasswilIllotcommena M~~Of~rrquahd~mu~hrska\rcociv+dbythc~dktgincer. Thepmspuec paithshdhotkgintheKtivit)r (I) Until~inwriting~ttu~Gtgincer~tthcrctiviymryproacdundcrtheNHrP *mlyspdrlconditionrimpaedbythc~orDivkionEnginccr;or (2) Ifnotificdinwritingbythc~ar~krgincathturindirldwlpmnit~requked; ;3”, Uak?is4s&~hrcpandhrorndr~Engimfslsccipdthumlpk&no(ifiktion md the pmspccbvc pcrmittce hiu not dvd wrin~n notin from tht District or Division . . ? &@necr. SubKquartIy, the pamittce’~ ti@t to m mda the NWP may be modified, ~rrpardcdorrnokrdorJyin~rdmulcwithrtKproccdurrutfortfiin33CFR330yd)(Z). (b) &tuae of Nffitiox The tvGadon must be in writing and indudc the following idornub (I) Namcaddmqddcphonc-ofthe~pcrmiten: (2) Loertiunofthepmposalpmject (3) hhfdm$tiatofthepropascdpropEttheprojat’s~dirrct8nd~~d~- . . ~effccb~pmjcet~~~yo~~~),rrgionJgawr?lpermit(S),or~ . . . mdrndurl~~)rrvdorintrndrd~kurtdbr~~putofthr~projcctor 6tyREhdUfHtp8lld (4) ForNWPtI.1214;18,2L~~39,(0,U.urdU,bre~m~rLoindrrdc~ddincltionof -rpcebt=p~bba~w~=g-~-(~g,rubmcrgrd8qu8tic ~~r~7~~~~~pod~~(wt~~huo): ~tidCN~kdUdc~~~r%udkrg ttrtad~~~~~md~~tiauOf~rrruOf~bcilifJrWherr~ dmi#ngozaaMionfrpmpased (6) klrNwPllLh6rTrmrporhtion~,thtpQJmust~8compen6tory xnM@5alpmpodtuofbctp-~ bssaofwakIsoftheUnikdsmuandast8tmrcnt . dacribiryhow~ruyIaoaofwr~ofdwUnited~tawiIlk~to~~ afmtpmulable . (7) ForNWPp,~~MiairyActivitia.~~~kKMcm~ofSurfraMining (c6M)orstate8pprorcdmitigrtiQIpLn, * (B)lwwPz7,~andwed8nd~tiaLthe~mustkwMc~&ofthe prioramdi~of~siteth8twSIbe~bythe~ (9) KYrm29,~~~the~lnust8bo~ (3 4hyp6tuseofrhirlvwPbythcfndfrichulpmnichrdorthepermSltrr’sspou+r; (ir) Asm-thtdmshgi~~housing~irka~:raidarcrofk pcpnittrc; (iii) Adu&phoftbt&rqam&~~ftr~~id~~ofw~ FortheprrposcOfthirNWP,punlrOfkndl~~1/4wrt~larwmaotrcqukc~ kun8ldte~Hom*LI;Chc8pplicurt~~eur~tionofwhac theiwhbd¶maaldthedofwed6lds tb8todrb?anthe~. Forpucd8 grcrtxrthml/4ami~afOLIIUl~d~~mubk~in aeordalmwitht)rt nbdiusoftheprrdlay’~Cl8n,luldduaputncr. =q=d=bjointbmrnf~ or68teman~ . ).u\d8nyhdanwhi& 8pudl8e8nd&~orotha clMnctfors8leor~hukarorccrrhd; . (lfl)FdwP~hti8hmaof~Fbod-prcjeerr~~prorpccein-mrrst dthanotijrthe~~with8Pauprior~~ - h 8uiviyor8ublnlt8~ 7 (- l-1 datuwxpLah~themmustiKfrrdcanofthfollowiry (i) suBcknt~~~~muid~~~~kprfuud contiguraciarrr ad oddng hdltia h&nor dc*kGons 11c authorttcd, pmvidedthe 8pprwcdBoodaantrolpteetionor~ge~notincrerrc& . mAddlnutlotadm]r~spsdrt~dcsibq~g~ud (iii) L+cdcmofchr’dred~m8tul8l.dispo6Jdk (11) Forwm,fcmparyco~rioeasudDernbcrhg.~PdJaaust--de~ nstomdunpLnofrlzwhk~ mavoid8nd xr&dmbdvqwgcQto8qu8dc- cu) F0r~39,43,Md4&rh~~~indub:8~--~- En~arp~how*roldmoc~~~of~drntrmdrhUnihdharwac 8chkdonthe~si2ih u) lkrNwP39,lbidab&co *tudm~ dlepoJnwst~ -UyX-~~h~ttutti -vddrbltk56dw85oftheUnlbedShes 4qud?iatlonapLinirywhy~ -Y=glP~Pyw 04) -mco.Aw- ==P--Y~tP- gJJegl~~kmofw85ofrhrunf~st4iu ,~MuvgCllWtFUiIitia.~pcN~fncfudzf=~~ o&metormw8terouru~bditis.8mjnt- plan(lm8ard8ncewithsmeandloal ? . . requirements, if l ppkable) and a compcnvto~ mitigation pruposaf to offm lossa of watts of &I; United smu- 06) For NWP 44, Mining Acdvitis the PO4 must in&de a d&p&m of afI watts of the United Smcs 8dvdy affeted by the ProjcEt 8 d&ption of m- hirrn b rr&mize advtrx effects to watas of the Unibcd Shtcs, a des&ption of musure t8km m mnnpiy with the uitaia of the N\rr’p, and 8 recknation ph (for 8-k mining 8dvitia h is&ted waters urd non-h&J wetlands 8dj8- bJ headwaten md 8x1~ h8rd m&/w mining actjvitia). (17) For activities tkut may rdvascly &at Fedaally-listed auhgued or threati ~ped~, be PQJ must in&de the name(s) of thme v orthmtcncdspdatitrmykaff~~ the pe work or utiI& the duigmted titical Habitat that may be rffeard by he m work 08) ti 8&i& th8t My dkt hiStOriC pmprtia kt8d & Or di@bie for &&g h & N8tjod Rcgirtoof~cP~o,the~mrrst~bcw~~~~nuykrffcatdbyth= pmposcdworkorincfudca~~rmpindiatk\gthcbatiQIafthe~e~. g9) for~sU.l~29,39,40,42(3,md4ewhcrrthcpropascdworkinvolvadisc)urgaof dredgd or hll mataid in&~ wmta~ of the United Shta &gin permurau. &ovc-grr& a withinl~yatfloodpkLrr(uidartificdonFEMA’sFloodkwPrna Rate M8p8 or FE)uu- 8pprwcdI0crlfioodptin~~),th~thmrvtindudc~ t3ltian ?bp3pOXdWOhCO@kwithtiM demomtmting ht 8ppmphtcFEMAor~4ppmvedla+Boodplin~ o3raeionrrqutemcntr (c) Form of Nffition: The s&r&A indiddud pmnit ‘PpliatiOn bn (Form ENG 4345) may be uscdu~no~~tionbutmustd~indisscLhtit~8PCNmd.mrutindrrdeJIOftht~~tion (d) ~ctkt~&Dcdriorr hrrvinringthef’c(ufortheprcrposedKeivitJr.theDiztria&&a windcrrrminrw~thc8cti*ttJr8utfiorindbythNWPwin~inmorrthn~individ~ fWI!&tirt8~~~clfectrOr~~be~tr,thcpublicintcm+ ThcpmspcEtive ~ttct~~,aptiQuny,atbpdt8pmpo#dmi~tiorr~knwiththc~~cxpcditt~pr#mmd theViskidEnginecrWilIC0nSidamypqaed cmpayq midgatian the appliattt has included in thepxupa8linddamhingwhethathenet8dvcbc ~cffccbtOk8qU&iCicenvimnmart OfrhcpropaKd~ui~Iftht~~dcRrminsfhttfrcrctivirlr~P~~wi~ tk-~8nd~oftheNwPalddntthc8dv-eff5onr)wrqPrtic~ur ~~~~Dtrrict~~w9~tht’pmntthturdirrdudc~~’tiorutheDijbid we=-naaatT. AnycompcMtwr~tigtion~mrutk~~Ehe~~~~priorm annln~gworlL xftbepmspcch*rpami~irrequirrdtorubmira~ns8mrymiti~tion pnJp2s8lw2hthcPcN,thep+8IPuybecithrr~ordcbilcd xflheprospebepermittee tktStoSUhit8 COEp?S8~llliti~phwittr~pcN,thcDiSkiCtkrgincCrwili~~ mddwthepqosed wmitig&onphn TheDislAtE@nealnustmiewtheplanwithin 4sdaysof lscdvingramtpMcKN&id * * whethathecmaptudorspd6cpmpod Aifigairm WouId anurcnom~~tbannhimd8dv~&akontht8qu8ticcntrironmart Ifthenet 8tiV~eLfsarOffiWprrieet~tk8qU8tkWk?MC& (8ftaamhdonoftheann~ery ~~~tionpropotJ)Mdctcrmincd~t)rc~EngincarnkminimrLtfuI)ishictEn~~ pmvide8~ywdrtrnrrsporrwrothc~pplicmtshtingbut~epropetMpr#hdMdathe~ andamditioruOfrfrc~~&permi+ uthe-~gin8a’~ - thattheadvaseeff~ofthepqosedworkurcmo~thn Enbinca~--P==-phh (e)AgcnyCoordirution,t Thr~En~wiIlmsidaanycommar kfromkdadandShte ? Apia concahg the propad xhity’s cornp~ 4th the krX%S urd amditions Of the ms 8nd h d for mitigation b dua the pmjcct’s hmse effcetr un tht quaric awhnmatt 0 l -1 Id For~~~g~~b~Dishid~~traultinthlaaofgmtathu\ 112~ofwrtcnofLhcUnibedShtqIfwDbbidEngineawitLPponrrecdptofr~tion.piovidc imnrrdLtely(cg,ti-~ovanightm8iLarothcrcrpditious PunncrX-pym ~8~Offi~OfthcFLrhdwJdlifrsaviaq~bcrUtd~ or wata @v l -, ~&shiHiSoricPmem donoBwo+8dlfqpqri8&.theN8tiaulMuinc~~ s w~chc~~Of-n,thac8~wintha\~nlocrlendu&~from~&a thcmrhrklbtrurarithdbbdrphonor&ehtDiztriah~no~tht~intadmpeovide suwati~si~cnmmartr xfsomnkckd by-Fq.y-dcth~willwrir~ . . ddlbUd15ddd8)‘Skforrm3dng8dcdrion~thtnO-Thr~~w9 by --da 8w QmmartrdWidlhr)urpedficdthnc~bUtW3lprOvi&~raponx k+tk-8~,~UpmvidrdbdUWTbt~~wip~h~ * 8dmsnkadve reand USO&t8dwitheUh1@5dtXlthrthc~8~~w~ atsidd kreqbdbysah3as(b~4~oft)u~~~Corucnrtionmd ~gwwntA9thcoizbid~wilI~8rcrporwbN~~Firhnia~ ldthin3o~ofrrecipof~urp&scntirlFirht-- . Appncmts ut rfpr Thtpcanitbanuyukthe~toddbatethet&qu&~ ThcrcmiykjQPlldekyif tiletixpedoesthrddlmdm~thc45daypalod*vJ1not&Trmtilthewedurd d&e&nbsbeu+xpktedandsubAeed0t+~~hm~~h I) 14. GJmplkna- EvaypcnntLhtwbhr-8N8- vusadonfmm&e ~~dbUbdt8¶Ii@-~~~-kkd-.~~~~~~ . cldbdomw9k~ed~theCorpwitbthe 8tatiaadorILttrr:Thccadsadonw9incfrrdc:r-) ~sbtanatiUttfw8UbO~work~donrin~ withthebrpr8utho&bionincfuding8ny $Jlp?nsorspaifscaJndi~h) Askkm&at &8t8xlyrequind~g8doQwrra8npkkdln~ withtkpamitcprrdiliorrr;8ndc) nesign8tLm0ftht~pa8nit&~c8~~,thtmmpkticmdthewodc8nd midgadcln . - IS Usc~MJtipkN~P~Thcrwd~thnou~~8~~~~pcOjeetfr p~Qhi%&~wharttrc~badwcrtcbofthr-Sh-8~ - ~~ttu-Sdoanot acesed~icms~d~-~thr~rpadficd’~~~.For~ff8md . cxosshgc7verddrlw8kuL 4ZWhCkdrmderNWPlC~UYOd8kdburlrrtrb3lntion~~ mvPl3,themudmrnn aalsgeLIuofw8b5ofchuni~s&tafoithe~projcctaurnot.Lxaeed1/3 16. ~Supplyhtdcu Noactivity induding ~uuswodcinru~wer!s0ftheLhi~sbfSS or~Of~orQ1~LNrOQM~eht~~ff~pubLiCwrtcrsupplyjntikcerapt ,Whcrrth8CHtybforZlEpiTOf~&SUb&~tlU~~inhbc stmcmnsormtbuJrshbilintion. 17. SdlBshBeds Noactlvlty,fncMing~ dwar3cfnmigabkwatusofthe-Satesor didugesofdredgedormrn8~m8yaaur~~8rusofaf . ppul-=.-thr 8CdVit+diXd+8btdtO8dd&h-~&~~~‘rd 18. suhbleM8taa. No8ctiq,fa&dLng- andwori:inruvigrblwlknof&Unikd.Sktuor dirchaerof~~orQ1whrht~y~dmmd~~~(~auhdcbrir.~bodier, rrphrltrcr)tnd~uscd~~or~-kfrrt~~po~k~tprk ~b(&SCtb3l7Oft)wOcm~W8lUACZ). . r 19. Mit+ti~ The pxujat must be d&e md cmsaukdm8vold8nd- 8dvemedkkmn-aa ofthcUnnitdskkstDthem8Jdmum a!mpra&a&katthprojcctsik(‘iimzik). hdiw-dk rrquirrdWhUl rwsarymennnrrhu~dw2xeffaktmth8qu8dcen-uc~’I)u Disaictkgineawillcunsid~~~haorrbe4ow~d*< ” grbc~tyof. rht l ~~mdpmdabhmitig~ncloavrg tOOfht8dVUSCd5UAthcUpfiC~- urrnorethanatinbuL (8) Tok~rhtmi~~Plrrrtkx~uda~&ofkirydonr~~corb, odscirykchllology,8ndloglsdainnghtdthetwennprojut~ Gnnnpiuoflrdd~~cht PUyk8~kMdprrQhbkhdudzkttmcnot~~~ChcstPcotthtprcicet . 43Edhag8nd~~oruphd~bu&rrll8~~~d- rtrarw;urdr+&gloswofaquadc- fuleiomaidrrhrabycradng,rstodn~ arhndng.or~grirruiLrhrnctioruud~uo,prefcrrblyinthesMcw8tcahcd; b . (b) The Disuict Engineer will require mtor;rtior~ 0ueiot-b enhmarnmnt or preservation of other ap8dC ESOtKCB in Order m Of& the 8UthOrLcd &tpCs m the a-t Mcezvry lo QIsure tha the dv- effeck on the aquatic mviromt 8re minimd An importrnt eknunt of my corn-toy mitig8tionpl8nforprojutsinornarsQuxns orotheropenmtcs~theatabLishmaaand m8inknanct,LQrhc mrdmrmrahntprrcricrblsofvrgar~buffcnmrtmopa!wrtcnontht projectsitc Thev~tedbuffashouidaxsist f o native q&a The Dir&h hginrxr wi& &t&he ttvrrpproprirtcwid~ofthc~trd~urdinwhich~itwillkrrquired N~ly,& vegetatdbuffawillkZ5 mK)fcawidton~si&ofthcsrrclm.but~e~tricthgincaPuy quirewidav~tr?dbuffasm~ddr6sdoazmaa& -~qdity- IftkutOpcn watas on the project sitt md the Dis&ict kgins requh com~bor)r mitigation for w&d imp8ck m cnsurrtfvtthcMtadvCIY~5OnLhelqurticmvkonmcntur~~yv~t~ buffawillwmpXiSC~mO~thnl/3ofthe rcmrLring c0znpcM-y miti@on 8aue 8ftu he permmcndy5cdWhldShVheKlrCphcedOn 8onC-a-pbdSh oddif&& compcnvtorymiti~tionmtlstaddratrdverv~onwcLLndhmctionrud~urdcuvrotk rocdmofbetthtrarr~ofwcdurdlosathtwouldoaMinordammccrthc~~limit;ofx-1-,- ofthtNWPI(cg,~NWPS9,1/4~crrof~ mkUUbcdtOdvnge8mURi~of wedurbm81/4~lozt;howcvcr,1/2~of~tcdw~Mkwcdmrrdrrctthe~~ot 8~~~kUSOf wehd~). If h p- ~xJx&~~ f8 rrquirrd m.SUbCCdt 8 CDm~my Priti~tionpropoal~thc~,~~rmykcitfracanapbuordctrilcd (c) To the et 8pprophk, permittea should oonsida miligaiion hnkirtg urd otha 8ppmprhte hrnsofamnpaamrymidgador~ IftheDktdctEngincadcbcmrinadut annpewmry mitigation is n~~oLfKLlosaofwr~ofthtUnited*~and~ dutthcnetdvcaedfeckofthc lUthorizcdworfcont)w8~tic~ucminimrLcartrolidrtsdmitiktionrppreuQa,Iuch~ mitigation banks, Wg be the p&ad medwd at-w axnp==mry mitigrfion unles the DMdEnginccrdekdmdw8cdvlty-rpebfic QmpeMfOtJ'miti~tioniS~8~d8tc,bucd onwhi~irbatfortht~tic~'I)ractJrpaofmitigitianrrrprrfrrredbccruv~ involrrkrgrcrbbdcrofprotrctcd~~bic~~~~~mctt~~tiongirk. andptmaeemi@dta3dforcompli8r1~ Xfamitigadonbankorotha-Iid8kdmidg8dfm 8ppzorcht~8~kint)rrmbrnhrdthc~.~willcnnsi&Othcr8pproprkbcfornu’ Of~~~~mofhtfhe~dmtmof~United~~m msunthtthenet 8dve58de5ofthe8uthodzaiworkontbe~dc~tzremnurn8L 20. SpwningArlmL Auivid~hdu&g~ andwo&inru~~lcwr~of~-Shtrsor dirchrgqofcldge!$ormnu~in~ -duaingspsnming- znwtk8widdmtk pruimum~prrctiablrAaivitisthtrautt~br+p~d~an(cg,aavlt5~orsmodrcr dlwmrmabysubsbnttlbtrbidity)ofur~sptwning lrrrMIwtauthodad. 21. hhU~tOfW8tUFiom Tothem aamtprricdabl+. tfre activity must be designed m . . muntunplemstmcdon dowu&am Bow condid- (cg, loador& apdy, urd flow Mu). kdl~th8Cti4tyUWtnot~ ratrictorimpedetheprrvgeofnodorapededhi& * ~(rmlca~prinurgprPpascOfthc~bbpimpormd~~)urdthrsOuchtrrol~of dd~or5m8kri8lmustwitkandapeckdhl~~ lhe8cdvitymuzfbthenwdmmudmum~t . prrctiable.providcforrchiniflgacmBom~the~ec.prwi&tormrinbkJngnvfra~nta~-- thesitesiznihmpmaeman~~,urdmustllot- wata flows hrn he projeu sibg &&mber,or~mkrfknvbcJond~ . wndidons h 8ddidoq the u&iv mttrf f themudmvmahcnt~~~~~dv~c&cb~~~flfloodingor~~do~urd uPsCMof~~rih,tmiar~8~~bput~~~~derignedtomuug+~tcrBowr n. ~-'-=ff-hlIl~ Ifttu8ditit)r,idU~- and work in navipbk wxtas of thcUnihd~~or’dirc)l;rged~orhllnuhrkL-~urimpormdmcrrtof-ter,8dvdxeffeQ arhc8qrutic~auzedby~~crrbed~sofwrfrr~d/orthc~ctionofitrdow~k . . . -Whe-m-k 23. Watafud Bnsx?hg- &tiv~a,~strueurmurd wor3~innavigrbltwatm of heunited Scr~Ordisctugaofdtrcdgsdor~~~~m~gutuformi~bym~lmurrbe avoided m tbc mudrmM a-tpncbbk 24. RrmodofT QIporyFirhAnyktnponryBllsmudkrmurvcd intheirmdretyurdthe8ff~~ raunttdm&eirprecMngdevation 2s. Design8kdcdtiaf -w8ktS cridd m waws induds NOM-daigrukd rnuine uncauria.N~~~Re#ra,N8~WildurdSecnie~,~crl~frt~ F~crrllylkbedthm~urdardtngar?d~corrlrrcbShkcNaarl~k~riQ,~outrtrnding nbmhwumwrta,ur~~~d~~tr)ra~as~)arhg~ or ecolo@ai SipSaura and idadkd by the Dbtrkt Enginea dta notice 8nd opporhmiv for public . . commm; The Distria Enginttr may a&o designate additid aitici -wee watas ahcr n&a and OppaedyforannmML (a) ExypuNHcdwow.dixhgaofdred~orm tneridinto-tusofthtUnitiShtc5utnot ~~NWPI7,~1416,17,71,29,31,35,39.40,4tO,ud#hrrmyKtivir)rwithin,or L&y da uikal nsouxtwrtm,indudingwetfands8$jrcarttosuchm5 Dixhaqmof drrdgsdorhllPvtcrkk~~tmofbwUnihdShta~ykauthoriPcdbyehclbovr~skr NatiQulwilddsaenicRivmifthcdivi~apmpliawithcarcrrlGnditiorr7. hw,k,su& cbdurpxn8ybt~h~~~habintfor~listtdthrcltmtd0~ ~spadaifthcvfivitJ-~witfrCawrrlCorditionflud~USFirhurd~dlifc Sa+.xorthcNatiaaIMm&ncFishakSrrvicxl=ms-inad - donofannplkPct~* . ~~-f4lo.U15.lk10.TL23.25.P.B.R33.~~*~~~,~d~~~~ ~wf~~~~u,~uy~ypropaKdinIhcdsi~~criticrl~ m5inddingwcdrnrL~to~thgctm Thtwf&tkginttrnuyaudrarizr~~~~ Lm&rthacNWPIoniyaftuht-tiuttfwimprcLItothtcdticrl rsornam5winbtno momtbandxLiad 26Fil&ly3ellcnYarFioodplaks kirpuxpoBdthbgmerrl:conditiasl.~Boadplainswillk ida&6altfnatgtit)uhdenIExnqeqhhagancntA~s(F=A)Roodkramnct ILttMqsor FEhu4ppnmdloalf3oodplainnupr (a)ptchrgpBtlowHadwatr;p DirdvrgsofhdpdorfiIlPvtairlintowmsoftheUnited . ---~pmnurcnfv 6IIswithinthe10&yarfloodplainaturbciowthephton 8-whmrhc~~urnrtrlffowir~clrbicfrrtpcr~CLSbdOwha~hzr)~~ tiw&zdbyNWs29,39,40.~43,md44 FotNWPsI2andM,theprPrpectn+ &ht~~gina& * pxdtttmust maaodanctwith~corditionl38ndthtnodsaeonmucthdudt do& --=?pcrmrnart rbovcppdcf5ISShV8tUSOftkWUnitrdShta~ftrcl~ ht8dw8tuso8xnpiywith~orFEMAIpprovailoalf&odpkineonrbuctlan 1 (b) ~inHtadwa~(iwbovethe~on~’ -whtrtthtavmgtannu8Ifhvisf5vt ~ficctp=#eord). (l)poodFrinq. Oirchrgof&dgtdor611nu&~m5otthcunfkdShhr~ ink \c3Labovqde5wffbinthefbodkirlgeoErhrl~tloorfpkinof-t6ut nOr-byWFSlZlC29,39AQ42U,urd44tnrka~ thtDiskakyinccrh --r-e -. -dth-andisonl3wntno doznadonbut&direhrgrr-~withtiorFEMA-rppmvcdbcrtfbodph #mmadonw @) poodw8y. DLetvaad~othnPvberkl~rn5dthcUnitcdShta~~in~~~~ ~dcmt~eh~-yofthtl~doodptinaf~~utnot8uttrolioedbyNWPI29,39,~,4. 43,ander ForNwpIl2uuil4thcpamiuttxnustnorifychc~Enginccrh atadanuwithctneml ~-Gmditionl3andhtreu5ationmusthdudtdoL *~-urlrpcrpunart abevtpdt5pmpdinthc flo&myaunp~nith~or~~Joalfbodptin~~rre, - . cr. . . l q u California Regional Water Quality Control Board e San Diego Region ‘ocl FL Bickax --bf ir- PWcrion bW Addrcrr bcp9*msmcbap*l-rrqcb9/ ml aairunml Maa BaJr*ud s&c & sac Dicp. cdiftia 92124-1524 cm pba# (SSS) 46749S2 l FCLX (8Sr) n1- JAN i 0 2007 Action on Rqucst for -~E.T,r;f~~ DEpAWiEEIT Ckan~Wafcr Act section 401 ‘water @a&y Certification for Discharge of Dredged and/or Fill Materials PROD=: APPLICANT: Ranch0 Santa Fe Road (File No. OOC-045) Mr; David Hauser t?i$ of +&bad 1635 Faraday Avenue &&bad, CA 92008 . ACTION: . 1. 0 order for standard Ccreeadon 2. I Order for Tcchnically~onditioncd Ccrtif~catio~~ . . , .: 3. cl OKicrforDcniaofCcrtificatioIl . . . . STiNDARD CoNDmoNs: * . The following three standard conditions apply to aJ ccrtificalion actions, except as not& under Condition 3 for denials (Action 3). . 1. This certification action is subject to modikation or revocation up& administrative or juditial review, including review and amendment ptasuant to section 13330 of the California‘ W* Code and section 3867 of Title 23 of the California Code of RcguIations (23 CCR). . . 2. This dfication action is not intended andshall not ,ht construed to apply’to any discharge . from any activity invohhg a hydrocktxic facility -tiring a Fedcml Energy Regulatory Commission (FEQ license or an amendment to a FERC license unless the pertinent ddon application was fled pursuan t to 23 CCR subsection 3855(b) and the application spcc5cally ickntied that a FERC kcnst or amendment to a FERC license for a hydmeldc facility was king sought 3. The validity of my non-denial certification action (Actions I and 2) shall be conditioned upon total payment of the full fee rquircd under 23 CCR section 3833, unless ot.hc&isc stated in writing by the cmifying agency. . Caftfomia Envhmmental Protection Agency D.-I., mm--- File No. ooc-045 ,-DITIONAL CONDITIONS: In addition to the thrtt standard conditions, the appiicant shaIl satisfy the following 1. 2 The project shdl be implemented as described in the application submitted on Apti] 26, 2ooO. Any deviation from the proposed projcck as dcsczibcd in File No. OOC-045, shall require additional 401 Water Quality Certification. A11 storm drain inks shall have stozm drain inlet.Iiks (e.g., Fossil Wt& or tb& equivalent) to lxat urban runoff. Maintenance of these filters shall be conducted per the manufacturas sptcificati~~~ by the City of Car&ad. REGIONAL WATER QUALITY CONTROL BOARD CONTAb &SON: Staccy Baulcowski California Regional Water Quality Conml Board, San Diego Region 3771 Claircmont Mesa Blvd, Suite A San Diego, CA 92124 85&637-5594 . . WA.TER QU- CEkTlFICATION: - . . I hcrtby ccstify that the proposed discharge from the Rarcho Santa Fe Road project will comply vith the applijcablt provisions of s&ions 301 CEfnucnr Iimitations”), 302 ma&r Quality Zclatcd EfnwJ Limit&o&‘), 303 (“We Quality Standard and knpltmtntation Plans“), 306 *. (‘“Nationat Standards of Pdormance”>, and 307 (‘Toxic and At EEltJrnt Standards“) )f the Clean Water &L Although we anticipate no furthtt regulatory involvcmcn~ should new * lformation come to- our attention that indicates a water quality problem, we may issue waste discharge rcquircmcnts at that time. . . . . . .egional Water Quality Control Board : . Attachsnu~ts 1 and 2 Attachment 1 . AppIicant: Applicznt Reprtsencatives: Project Name: Project Location: . ATTACHMENT 1 PROJECT INFOFLMATION Mr. David Hauser City of Carl&ad 1635 Faraday Avenue Clarisbad. CA 92008 76@602-2739 760-6U2-8562 (f) Ms. ShaTi Miller Dudek and Auociates. Inc. 605TbidStEf Exiniru, CA 92024 . 760-942-S 147’ 76&m-8710 (f) ~ Rancbo SantaFe Road (OOGO45) File No. OK-045 The proposed pmjat.sitc is located in the cstcm ponion of the ciity of Carisb+l, in northern San Diego Counry. ‘The project foo@int Iics within tbc northwestern portion of the Ranch0 Santa Fe United States Geological Swey 75 minute qua&&c; satioti 1,6,19,2O, 29,30,31.32; Townships I2 and 13 South; Range 3 and 4 West Type of.Pmject ‘Road rcaiigmxnt and sewcrpipcline. . . . Rmjcct DescriptionI Tbeproposedwi~gmd~~~jectit~ofthcCitYof carlshd’sGalmIPlzlnmupgndcRaxlchoSarlm~FcRnadtoaP&ne Ascrid Roadway Dcsi@on A Rinx Art&al Roadway im a l&foot righmf-wry combing six aavd Iana. a bike koe, an 18 foot tisad . . mrdiln sidewalks, mxb, and gutta. The nonbcrly approach for. the new bridge(s) would be approximately m-fott loag and include the reconsmxo -on of the La Costa Mmdows Drivt/Rancho Santi Fe Road intersat on, and the rxonsmmion of appmimately 300 fttt of L;r C&ta Meadows Drive east of the indon. Tbc zulipcd Ranch0 Santa Fe Road would be consmctcd tothtfullwidthontht~si&of~emediao,withsidcwallgcurb~ gum, and street lights from the bridge to nortb of Melrasc Drive. The Melrose DrivdRancho Santa Fe Road inmsectioo would be moved appmximatcly 400 feet to the north of the present intccrsecrion. Melrose Drive would be m&gnai from the Comita Drivt/Mclrosc Drive intusection nmhwtst to .&c rcalipd Mtlmsc Dxivdkmcho Santa Ft Road intemction Con&~ Drive would be extended to conna! with the maligned Mclmst Drive. A 24-inch sewer pipeline would also be installed by the Vallecitos Water . 7 ity of Carlsbad - - FARADAY AVENUE 5 .SBAD, CALlFORNlA 92006- /SO) 620-2720 ’ i PUBLIC WORKS/ENGINEERING -7314 DEPA RECEMSD LE77-EROFTRANSMITTAL 4 mE # ,- ENG~&tQ4’@b“V f 4: b: Oudek & M&s. Inc. .a : 9665 Chespeake Chive. Suite 435 7 WE ARE SENDING YOU @ Aftded ’ 0 Underseparate awefvia the folkwing items /J Shop Orawings 0 Prints QPlans 0 smples 0 spccifigtions 7 a copy of letbw a ChangeOdef cl . . Dated .0-N -c : ‘.&. :’ *s y...:. * .r..*&<,dz.M2 ._ . ..c;L. _ )I&&+!<:... . . RWQC6401PWlTlit’ 1 gF&G Dmft 7601 PenniVAgreement 0 For approval 0 For chedchg 0 , (x) I= or your use :a Approved as submitted .u 0 Appmfedasnoted 0 As requested Ruubmit cupies f0&ppfoval Des@ on= notfor construction Return .- cucrected pfints - ’ 0 For review and comment 0 Retumd for comitiorts a For your action t] . SIGNED: I/ - . .. -.- -- --a .- WJ h4wmbh~, ,,- Office of the Chief RtsLJatwy Bd city of Ghbad AIT+ bfr. Dave Efansen 2075LasPalmas.court Cdsbad, California 92009 DEPARTMEKT OF THE ARMY Los ANCELES mcr, CORPS OF ENaNEEm SAN DfECO FIELO OmcE 16mswEsERfuRDo owvE-- su( UEGO. auFouNl4 srrz7 August 24,200O nisisinrepfytoyourMayL9,2oooIettu ccmcemhgyourpropasitowidenandreaIigna sec.. of RrmEfio Szum Fe Road hem appruximstely 100 feet nuth of the La Costa Avenue/Ran&o San- Fe Road inkmcth to appmw 100 fktrmrth of the Mehose Drive/Ran&o W Fe Road hhsectiun This project is part of th Civ of G&bad’s General Pkrntorrpgradt~oSa~FeRoad~mcetitsdaigMtionasrPrimcArtaiafRoadwayand ~aportionofSM~QSCrnkandits’~inthcGtyofSarrMartos,San~go cormty,CaEfumh Thisprojcctinctuda:~e~ti~ofa~sewcrlincfrom~eold ~gcstruauhtpaloQtiontPldcrSan~Chckin~~tofthccorrstruction . dstuhmahafurthenewbridgt 0 ~Corpshasde~thatyota~activityEomp~with~etcrmsKld . - conditions of nationwide permit NW14 for 6lls for &ads w waters of the United Stata . (in&ding wetlands and other sped aquatic sites) and axpmp~ thee separate Iocaticms with pamarunt impactr of 05,027 and 0.15 rqxctivefy. . Ad&iurmUy, the Co& has dctr * d hat yo’u pmposed activity complies ~331 the- terms and con&tians of the nationwide permits NW 12 for utity i.ine dkhaqes (0.04 . ofana~of;npact)~gwithin~efootprintat~SM~GCCkBridgcsi~,~18for minor dkhrges (0.01 acre of pamanatt impact) and NW 33 temporary corstrucknaccaS and dewatig far roads Qpssing wa&s of tfie Un&ed States (in&ding We&r& and other special aquatic sites) a~c~asses two vte dma@iuns with temporary impacts of I.18 aas. YOU must comply with aR tums and appiicablt conditiun~ (qioru& generak .4?4 only, and 401 conditions) described ‘in Endasrpc 1 and complete the compliance statement (Errlosurc 2). . . . 3 3 --J -1 ‘1 i 3 i -7 ?I- 3 3- ?I-- 3 . P .- i . Attachment 1 District dtig comruction of tbe bridge. 7%~ pipeline would be within the limits of temporary disturbmcc asskated with the bridge and would not ksult in any additional impacts. The pip&x will be amscd with concrctc and riprap. with a slope of 151, will be placed arotmd the pipe The pipe&, cowrcte, and riprap will be placed below gmde with a rlzininlum of 1 foot of cover over the top. U.S. Army corps of Errgin- Nationwide Pamit 14.18. and 33 0tkRtqui.d ReguI8toty GIifomiaDcparrmen tofFrshandGamcS- AlmLtionAgrrurrczlt Appmak &ifomiaEzlvirobmerrul In1~tbcCit>,ofCari5~appxwcdttic+lim&xyalignmcntforthe Quality Aa (=QA) CoIDpIianct: .Rrncho~~FcR~~~~d~GndingRojecFtbeEIRfor ~projwwpscercifiedbytheciryofclrrizbrdonApril3,1992 AD addcndumtotbc6naIElRwqmpamdinMuch2OOOtoarddrtstrhc fdalignlncntofRan~S~taFcRoaci. Rectiviag Wate SUIIvbmx~,mrnrrrA e--J- . Imprcted Watas of the United SUW:. ThcpmptAprojeciwill pe~yimpact0.42rcrtofroofbern .: . willow scnxb, 027 ase of disurkd wcdands, and 0.24 sue of .uavtgttaccdepbtmcrrlwstcrsoftpeu.s. TarqJomy impactsiuclude 0.97 UJC of southctn wmow suuh. i- k I- 1’ . i - I- - i I ,- Dredge Volume: RehtedprOjazts . hllpicmcnwto he rlnpIunmtcd by the Applicant(s): Compensatory Mitigation: 1 iA L Best Managu~~tnt %ZtkCS: t T=- 1.227 cubic yazds. . ThcGyoi~~htsimpl-~twoprojcctrintbtputfivcycrrr tht have ralhcd iIlJempomy imprctstOSlldhSOScrerk. T&&t projcctccGstalofcmupncy- toqmiradipsa2iorroftk Gihnhr Smct lxidgt, The saond project @aced andhrrcpakai padcsairnandgolfcantn=idgcsrt~Castr Tcmponry izxxpc&forW ofthecpmjats+n=cstim8tcdat0.1to03acrc . . Thepmposcdmiciga.tionpmgzamwiUinchdcau3mlofZZacrcsof offsite acation and 1.4 - of offsite u of jtxridictioeul soutbcm wiIiow scrub aad &sl~watcr mar& Tbc prqmscd mitigath arm is ioutai immcdiazcly cast of the project afu within Uniraiy connaons8loagSanMarcosCIEtL Tbcn3itig8tionarc8willk~ as u) ckmcnt of the F~eldszone HCP. IO additiors 054 ux of . jurisdictional southern willow scab will he remred onsite within the ~JU OfimpamlOngSan~Crttk . W~drrininleushrlI~~S~~~~ctf~(~&,Fasdfhl~ or their cqtIiv8lcnt) to m8t urb8n mnoffl M8intcaancc ofthe= ma3 shall be amductcd per the manufacnxc~ SpCCiftClttiorVbythCCi~Of CUISM. Attachmat 2 . File No. WC445 A7TACHMENT 2 DISTRIBUTIONLIST Mr. Teny Dean Army corps OfEqinocrj Regulatory Branch 16885 West Bernard0 Drive, Suite 300A San Diego. CA 92127 Ms. Shcrri Milk Dud& and Associates, Inc. 605 Third Sect EnciIlitas. CA 92024 . State Water Resources Control Board DiGsion of Water Qudity . ‘*RTMEJV’T OF FlSH AND GAME k ~0gLRogion RECEIVED 3 vi p Avenue w. WHO+ 92123 3uN 07 zum ) 574201 fLi8) 4674235 =-+hmNG 0E~ARTIuEN-l June 05, 2001 . - city OfCarkbad Attn: David Hauser 1635 Faraday Avenue - Carkbad,CA 92009 DCarMr.Hausa: - Enclosed is Streambed Alteration Agreement S-142-00 that authorizes work on ‘the Ranch0 Santa Fe Road ReaIim and Mass Grading project impacting San Marws Creek in - San Diego County. Tkis action is authorid under Section 1600 of the Fish and Game Code and has been approved by the CaWornia Department of Fryh and Game. wt to the requirements ofthe Ca&mia Emkonrna&al Quaky Act (CEQA) the Department Bed a Notice of - Detuon (NOD) on the project on 06 /M/O/ . . UndaCEQAregulations, thy project has i 3-y statute of limiwtions dn co& challenges of the Depmtma$s approval -, _Upda =QA The Department believes that the project fWy meets the requirements of the Fish and - Game Code and CEQA Ho-, ifcourt challenges on the NOD are received during the 30- day perit& then an additional review or evm rnodikatioh of the project may be requimd. Ifno comments are received during the 30&y period, then any subsequent commen~need not be - respond#l to. This &&nation is provided to you so thar if you choose to undertake the project prior to the close of the 30&y period, you do so with the knowledge that additional actions may be required based on the results of any coumhalknges that art %d during that period. Please contact Tamara Spear at (858) 467-4223 if you have any questions regarding the smambed Alteration Apeanent. - Regional Manager -cc: Tamara Spear L. - n*UFORNfA DEPARTMENT Of FISH AND GAME _ 49 Viewridge Avenue + San Diego, CalStomia 92123 Notification No51 42-00 - AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERA=jJGN THIS AGREEMENT, entered into between the State af California, Department of Fish and Game, htinafter called the Departmen& and pavid fiausef. rewesentino the Ci& of Carlsbad,State of California , hereinafier caUed the Operator, is as -follows: WHEREAS, pursuant to Section 1601 af CaKKomia Fish and Game Code, the Operator, on -h 22”’ day of Mav. 2000, notified the Department that they intend to divert or obstnct the natural flow of, or change the bed, channel, or bank of, M use material fmm,the streambed of, the folbwing water(s): thirteen unnamed phemeral drainaaes. tributaries to San Marcus and San Maces Creek San Diego &nty, CaGfomia, sections 1.6.19.20.29.30.31.32 -$$&p 12s. 135 Range 3W. 4W . . -‘I#/EREAS, the Department (represented by Tamam Spear thrwgh a site visit on the 15th Jay afJtma. 2000) has detefmined that such operations may substantially adversety affed hqse existing fish and vviidlii resources withii the streambed of thirteen unnam e&meral’drainaqes. tributaries to San Marcus Creek and San Marcos Creek, ~~caliy “c’4fied as foibys: c Birds: 1, ,chef~tidonax m&7 exbinvsI.CaGfomia qnatc;atcher (Wioipbla ca/#b&za caLW77icat nodbern harrier tChws cm et&. WhitWailed kite (aa us AaMterwmewil red-tailednhawk (Buteo famacensr ucllrv 1. Cootifs hawk a .&ed!!~uld&ed hawk (9&o Ya t&eff&&, 1 south . 3eff3 saae swrmw Wnoh&rza beI ii be?.@. lowevhead shrike (Lanius rudovUanusk R&iles and Armhibians: antwo swthwestem toad (Bulb micrvscaf?hus cal3bmicus~. Saq 3iac10 homed lizard (Phrv7oso a coronaturn blainvrJler). we&en? smdefoot toad Gcaohiouus 1T)o,) ram ‘rebdiamond rat& ke . &IDE~ oarter snake (ThantnoiphiS hammondi& Mammals: San Die00 Docket mouse. -ciLeetod~usfallax Wax). Du . California wcket mouse (Chaetodious caiifomicus Pmcya * lisl! San Dieao black-ta%?ack rabbit ~LeDus’caliIbmicurs). desert woodrat UVeotomq . . &at Invertebrates: at&o checkersbqt butterlIv (Eu~!ritc&w editha u -&teffiJ (Danaus okxi~sk no). monarch Piants: San Diew qold@n star fMuil/a cie~&diTI. San Dieoo mnmint fAcanthominfha ic3W.a). Nevin’s barbem (&w&e& nwinfi. thread-leaved Jrodsea I&?d&ea ~ik?iia! coast woolIv-heads UVemacaulis denudata var. denudatai smooth &fDkti (Hemkonia wnoens SW. laevis) mud nama (Nama stenowrvum) indudinq le southem willow saub. freshwater marsh; and sunwndinq Dieqan coastal saoe scrub, ZJVWI Rked qhaDan% va#ev needlecxass qrassland. annual qrassfand and euca!vptus grassfandwhich Drovide habit for such species in the area. - THEREFORE, the Department hereby proposes measures to protect fish and wildtife rex~ces during the Operator’s work The Operator hereby agrees to accept the foUowing ~easufeslcondiions as part of the proposed work K the Operator’s work changes from that stated in the notification specifted above, this !+e!?ent is no longer valid and a new notification shall be submitted to the Department of sh and Game.. Failure to comply with the provisions of this Agreement and with other pertinent coda sections, including but not limited to Fish and Game Code Sections 5650, 5652 5937, and 5948, may result in prosecution, Page 1 of 6 .c 4 ‘3 --,7s, .A -l - 2 ‘2. - 3 - ‘L ;b . zt . I- .> i I- I /- I , 4 . -- - - L .A - - STREAMBED ALTERAnON AGREEMENT H-142-00 Nothing in this Agreement authorizes the Operator to trespass on any land Of property, nor doa fi &ieVe the operator of respo&bilii for comptince with appkabk federal. state, or J-J ia* or ordinances. A consummated Agreement does not constitute Department of fish and Game endorsement of the proposed Operation. or assure tie DqW'trnerlfS anaJmnce with permits required from Othef agencies. This Aamment becomes efkctive the date of Demrtment’s sianature and terminates December 31.2004 for woiect constructjon Onlv. This Aareement shall remain in effect for mat time necessaw to satisfv the terms/conditions of this AareemenS, .I. The following pr&isions constitute the limit of activities agreed to and resotved by this Agreement. The signing of this Agreement does not imply that the Operator is preduded from doing other activities a\ the site. However, activities not-specifically agreed to and resolved by this Agreement shall be subject to separate notification pursuant to Fish and -me Code Sections 1600 et seq. 2 The Operator proposes to &ter the streambed of thirteen unnamed ephemeral drainage&‘;‘~6ibutaries to San Matzos Creek and San Marcos Creek to acoommbdate the roadway reatignment, widening and bridge rep1 acement improvements to Ranch0 Santa Fe Road. A 24-i-M SBWB~ pipelin@ will also be installed within th& firnits of . temporary disturbance at the pposed bridge footprint by Vallecitos Water Distrid during the bridge construction. The project is located from approximately 100 soutf~ of the La Costa AvenueIRancho Fe Road intersection to approximately 700 feet north of the Melrose DriveIRancho Santa Fe Road within the City OF Car&bad, San Diego County impacting 2.11 acres of streambed. 3Qd ;tred work incfudes activities associated with No. 2 above. The project area is . streambed of thirteen unnamed ephemeral drainages, tributaries to San Marcos Creek and San Marcos Creek, San Diego County. Specific work areas and mitigation measures are described on/in the plans and documents submitted by the Operator, induding an Addendum to the Final Environmental Impact Remrt for the Ranch0 Santa Fe Road Realignment and Mass Gradina. SCfiBOO10850 dated March 20001 ConceDtual Wetland Mitiaation and Monitoring Plan for the Rancho Santa Fe Road Realianment. dated December 20001 Bioloaica) Resources Reoort and ImDact Analvsis for the Ranch0 Santa Fe Road RealiannienMafti November 2000 -aria &all be implemented as proposed unless dire&d differently by this agreement. 4. The operator shall not impact more than 2.11 acres of jurisdictional habitat comprised - of 1.39 a#es southern willow sqb, 0.27 acres disturbed freshwater marsh, 0.45 unvegetat=J ephemeral streambed. q these imp&k, 0.93 are permanent and 1.18 are temporary. Pemnent impads Caused by the project indude 0.42 acres of so&hem willow mb, 0.27 of disturbed wetland and 0.24 acres unvegetated s&ear&& Mitigation for permanent impacts to southern willow scrub shall occur at a 3:1 Mo of creation. Disturbed freshwater marsh shall be mitigated at a 111 ratio of Qeafion and 21 ratio of enhancement, and unvegetated streambed shall be mitigated at a I:1 ratio of creation. All mitigation for permanent impacts shall be in-kind, occur off-site, and in&de I.77 acres creation and 0.54 acres enhancement for a total of 2.31 acres. Temporary impacts caused by the project include 0.97 acres of southem willow scrub and Paoe 2 of 6 3 3 -l -.I ‘1 -1. _ . - s-. 1 ‘!L P x. . . d gx 9’ IF I- -j-. . L .- It ‘I- ,- 1 f- i i Y- ‘) I- ! STREAMBED ALTERATION AGREEMENT #5-142-00 9 21 a~= unvegetated streambed. 0.54 acres of southern willow swb shall be restored &ta at a 1:l ratio. 0.47 acres of southern willow scrub shall be mitigated at a 111 ratio of -t&l and 2 1 ratio of enhancement. 0.21 acfeS of unvegetated streambed shalt alsO be restored on-site. 1.29 aaes of mitigation for temporary impacts shall occur off-site idding 0.43 acres of creation and 0.86 enhancement and shall be in-kind. The off-site mitigation area of 3.60 acres for the project is located along San Marax 6-k in the City of San Marcus, within the University Commons Specific Plan. 6. me Operator shall submit a Final RevegetationNonitoring Plan for both the 3.60 acfes of*m&igation &site and the 0.54 acres on-site to the Department for review within 30 days of signing thk Stmambed Afteration Agreement. The plan shall specify a non-native . plant wntrol program, plant palette and include a iong-term maintenance provision for the owsite mitigation and a piant palette for the on-site revegetation. The Opera-r shall w&e Department approval pn’ot to project initiatiodimpacts. &UI mitigation shall be instalfed no later than March 31. ZOCQ. 6. ‘The Operator shall not remove vegetation within the stream from Ma& 75 to July 31 to avoid impacts to nesting biis. 7. The Operator shall have a qualified biologist on&d daily during any impacts to vegetation for the purpose af monitoring and enforcing condition numben 6,9,14, and 21 &his agreeement . 8. No equipment shall be r5Hrate.d in ponded or Rowing a-. 9. Disturbance or removaJ af vegetation shall not exceed the limits approved by.fhe Department The disturbed p&ions of any stream channel shall be restored. Restoration shall include the rwegetation of stripped or exposed areas with vegetation native to the ama 10. Installation of bridges, culverts, or qther structures shall be such that water flow is not impaired. Bottoms of temporary culverts shall be placed at stream channel grade; bottoms of permanent wlverts shall be placed at or below stream dannet grade. il. Prep&ration shall be made so that runoff from steep, erodible surfaces will be diverted into stable areas with little erosion potentia’l. Frequent water checks shall be placed on dirt roads, cat tracks, or other work trails to control erosion. . 12. Water containing mud, silt or other pollutants from aggregate washing or other activities Shaff not be abwed to enter a lake or flowing stream or placed in locations that may be subjected to high storm flows. 13. Structures and associated materials not designed to @&tand high seasonal flows shall be removed to areas above the high water mark before such flows occur. 14. The perimeter of the work site shall be adequately flagged to prevent damage to adjacent riparian habitat 16. Staging/Storage areas for equipment and materials shall be located outside of the stream. Page 3 of 6 zl i =.I 2 -I a ?6. The Operator shall comply with all litter and pollution laws. All amtractors, subcontractors and employees shall also obey these laws and it shall be the responsibi/ity of the operator to ensure compiiane. q7. r a stream’s low flow channel, bed or banks/lake bed or banks have been altered, these shall be retum.ed as nearly as possible to their original configuration and width, *out creating future erosion problems. 18. Afl planting shall have a minimum of 100% survival the frrst year, based on the ofiginal quantity planted and 90% survival for container trees and 80°h sunhal for container shrubs fhereafterand/or shall attain 75% native wetland cover after 3 years and 90°% native wetland cover after 5 years for the life of the project. if the swvival and’ cover requirements have not been met, the Operator is responsible for replacement planting to achieve these requirements. Replacement plants shai! be monitored with the same sun&al-and growth requirements for 5 years of planting. 19. Ali planting shall be done between October 1 and April 30 to take advantage of the r winter rainy season. i 20. An annual report shall be submitted to the Department by Jtinuary 1 of each ye& for r 5 years after planting. This repor! shall include the survival, percent cover, and height af ,both tree and shrub species. The number by species of plants replaced, an overview of the revegetation &Tort, and the.method used to assess these parameters shall also be . inciuded. Photos from designated photo stations shall be incfuded. . &!3 ; * i 21. Access to.the woPk site shall be via exiting roads and access ramps. P 22. Spoil.sites shall not be located within a stream/lake, where spoil shall be washed ; bad< into a sWamIlake, or where it will c6ver aquatic or riparian vegetation. . r- .i ii 23. Raw cement/conaete or washings thereof, asphalt, paint or other coating material; oil or other petroleum products, or any other substances which could be hazardous to aquetic life, resulting from project related activities, shall be prevented from contaminating the soil anciior entering me waters of the state. These materials, placed within or where they may enter a stream!iake, by Operator or any party working under contract, or with the permission of the Operator, shall be removed immediately. r 24. No debris, soil, silt, sand, bark slash, s&@u* rubbish, cement or concrete or washings thereof, oil or petroleum prciducts or other organic or earthen material from any construction, or associated activity of whatever nature shall be allowed to enter into or T- placed where it may be washed by rainfall or runoff into, waters of the State. When e- operations are completed, any excess materials or debris shall be removed from the work area No rubbish shall be deposited within 150 feet of the high water mark of any stream or lake. . 25. No equipment maintenance shall be done within or near any stream channel where - petroleum products or other pollutants from the equipment may enter these areas under 4 any flow. -\ -. 26. ‘The Operator shall provide a copy of this Agreement to al1 contractors, subcontractors, atid the Operator’s project supervisors. Copies of the Agreement shall be readily available at work sites at all times during periods of active work and must be presented to any Department personnel, or personnel from another agency upon - ’ STREAMBED ALTERATION AGREEMENT #5-342-00 . w I--- I- i- - 1- I-- jemand. 27. me Department reserves the right to enter the pmjact site at any time to ensure compliance with terms/conditions of this Agreement 28. The Operator shall notify the Department, in writing, at least five (5) days prior to initiation of construction (project) activities and at least five (5) days prior to cm3pfetion of construction (project) activities. Notification shall be sent to the Department at 4949 Viewridge Avenue, San Diego, CA 92123 Attn: Tamara A Spear 29. It is understood the Department has entered into this Streambed &ta&ion Agreement for purposes of establishing protective features for fish and wildlife. The decision to pmceed with the project is the sole responsibility of the Operator, and 1s not required by this agreement It is further agreed aA liability and/or incurred cost related to or arising out of the Operator’s project and the fisfr and wildlife protective conditihs of this agreement, remain the sole responsibility of the Operator. The -- Operator agrees to hold harmless the State of California and the Departmw of ,Fish and Came against any refated claim made by any party or parties for personal Injury or any 0th.~ damages. . 30. The Operator shall request an .extension of this agreement prior to its termination l3ctiions may be grantad for up to 12 months from the date of termination of the agreement and are subjed to Departmental approval. The extension raquast and fees shall be submitted to the Departmentk Region 5 oiWe at the above address. ff the Operator fails to request the &&n&n prior to the agreement% termination, then the Operator shall submit a new notification with fees and required information to the Depactinent. Any activities conducted under an expred agreement are a violation of Fish and Game Code Sedion 1600 et seq. The Operator may request a maximum of one extension of this agreement . . 31. The Department rasarves the right to suspend or cancel this Agraement for other reasons, including but not limited to the following: a. The Department determines that the information provided by tha Operator in support of the NotifidationIAgreement is incomplete or inaccurate; b. The Department obtains new infonnation’that was not known to it in preparing the terms and conditions of the Agreement; c. The project or project a&ties as described in the Notification/Agreement have hanged; d. The conditions affecting fish and wildlife rasounzes change or the. Department determines that project activities will result in a substantial adverse ef%ct on the environment 32. Before any suspension or cancellation of the Agreement, the Department will notify the -tOr in writing of the circumsfan~as which the Department believes waRant SuSPsnsion or cancat!ation. The Operator will have seven (7) ~r’king days from the date of reCeipt Of this notification to respond in writing to the &qum&ancas desq&ad in the Department’s notification. During the seven (7) day response period, the Operator shall immediately caase any project activities which the Department specifki in as notification. me Operator shall ndt continue the specified activities until that time when the Department notifies the Operator in writing that adequate ma&o& and/or measuras have been identified and agreed upon to mitigate or eliminate the significant a&me &fact. Page 5 of 6 fx t: I- P-- - ! :- i- i- , L ‘e - - STREAMBED ALTERATION AGREEMENT #5-142-00 CONCURRENCE (David Hauser) . California Dept. of Fish and Game (date) a&/pL, cq& (signat&) I (date) & fJ7y QrY 7wC/rl~-A C.F. Ravsbcook. Reaional Manaaer We) We) . Page 6 of 6