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Home My WebLink AboutKLM Construction; 2006-03-13; PWS06-15ENGRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOCtf 200 7-01261 74 FEB 23, 2007 3:57 PM Space above this line for Recorder's use. PARCEL NO: N/A NOTICE OF COMPLETION Notice is hereby given that: 1. 2. 3. 4. 5. 6. 7. 8. The undersigned is owner of the interest or estate stated below in the property hereinafter described. The full name of the undersigned is City of Carlsbad, a municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. The nature of the title of the undersigned is: In fee. A work or improvement on the property hereinafter described was substantially completed on October 11, 2006 and entirely completed on January 22, 2007. The name of the contractor for such work or improvement is KLM Construction Inc. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Carlsbad Boulevard OH Bridge Retrofit, Project No. 3557-1. The street address of said property is in the City of Carlsbad. CITY OF CARLSBAD Robert T. Johnson, Jr. Acting City Engineer VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on f&krr/Ar 2.0 ' _ , 2007, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on Flbru^ry^Q 2007, at Carlsbad, California. OF CARLSBAD AB 18,903 RESO 2007-033 LORRAINE M. WOOD City Clerk CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS FOR CARLSBAD BOULEVARD OH BRIDGE RETROFIT BRIDGE # 57C-0134 CONTRACT NO. 3557-1 BID NO. PWS06-15ENG The special provisions contained herein have been prepared by or under the direction of the following Registered Persons. STRUCTURE 6-10-05 EGISTERED CIVIL ENGINEER DATE Revised 6/9/2005 4:51 PM Contract No. 3557-1 Page 1 of 120 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 6 Contractor's Proposal 10 Bid Security Form 15 Bidder's Bond to Accompany Proposal 16 Guide for Completing the "Designation of Subcontractors" Form 18 Designation of Subcontractor and Amount of Subcontractor's Bid Items 20 Local Agency Bidder- DBE - Information 21 Bidder's Statement of Financial Responsibility 22 Bidder's Statement of Technical Ability And Experience 23 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 24 Bidder's Statement Re Debarment 25 Bidder's Disclosure of Discipline Record 27 Non-Collusion Affidavit to be Executed by Bidder and Submitted with Bid 29 Equal Employment Opportunity Certification 30 Contract - Public Works 31 Labor and Materials Bond .....38 Faithful Performance/Warranty Bond 40 Optional Escrow Agreement for Security Deposits In Lieu of Retention 42 Non-Lobbying Certification for Federal-Aid Contracts .45 Disclosure of Lobbying Activities 46 Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities .47 oRevised 06/10/2005 4:40 PM Contract No. 3557-1 Page 2 of 120 Pages SUPPLEMENTAL PROVISIONS Parti General Provisions Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 50 1-2 Definitions 51 1-3 Abbreviations 51 Section 2 Scope and Control of the Work 2-3 Subcontracts 52 2-4 Contract Bonds 52 2-5 Plans and Specifications 53 2-9 Surveying 56 2-10 Authority of Board and Engineer 56 Section 3 Changes In Work 3-2 Changes Initiated by the Agency 57 3-3 Extra Work 57 3-4 Changed Conditions 58 3-5 Disputed Work 58 Section 4 Control of Materials 4-1 Materials and Workmanship 61 4-2 Materials Transportation, Handling and Storage 62 Section 5 Utilities 5-1 Location 63 5-4 Relocation 63 5-6 Cooperation 63 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement Of Work 63 6-2 Prosecution of Work 66 6-6 Delays and Extensions Of Time 67 6-7 Time of Completion 67 6-8 Completion and Acceptance 67 6-9 Liquidated Damages 68 Section 7 Responsibilities of the Contractor 7-3 Liability Insurance 68 7-4 Workers' Compensation Insurance 68 7-5 Permits 68 7-7 Cooperation and Collateral Work.. 69 7-8 Project Site Maintenance 70 7-10 Public Convenience And Safety 71 7-13 Laws to be Observed : 75 Section 8 Facilities for Agency Personnel 8-2 Field Office Facilities... 76 8-6 Basis Of Payment 76 Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 3 of 120 Pages Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 76 9-3 Payment 77 Section 10 Additional Provisions for Federal-Aid Construction Projects 10-1 Proposal Requirements and Conditions 79 10-1.01 General 79 10-1.015 Federal Lobbying Restrictions 79 10-1.02 Disadvantaged Business Enterprise (DBE) 80 10-1.02A DBE Goal for this Project 82 10-1.02B Submission of DBE Information 82 10-2.01 Buy America Requirements 83 10-2.02 Subcontractor and DBE Records 84 10-2.03 DBE Certification Status 84 10-2.04 Performance of DBE Subcontractors and Suppliers 84 10-2.05 Subcontracting 85 10-2.06 Prompt Progress Payment to Subcontractors 86 10-2.07 Prompt Payment of Withheld Funds to Subcontractors 86 10-3 Award and Execution of Contract 86 Section 13 Railroad 13-1 Rail Operations 86 Section 14 Federal Requirements for Federal-Aid Construction Projects General 88 Required Contract Provisions 90 Federal-Aid Female and Minority Goals 100 Part 2 Construction Materials Section 200 Rock Materials 200-1 Rock Products 102 200-2 Untreated Base Materials 103 Section 201 Concrete, Mortar and Related Materials 201-1 Portland Cement Concrete 104 201-2 Reinforcement for Concrete 104 Section 203 Bituminous Materials 203-6 Asphalt Concrete 105 Section 206 Miscellaneous Metal Items 206-7 Restrainer Pipe 106 Section 210 Paint and Protective Coatings 210-1 Paint 106 Section 212 Landscape and Irrigation Materials 212-1 Landscape Materials 106 Section 213 Engineering Fabrics 213-2 Geotextiles 108 213-3 Erosion Control Specialties 108 Revised 06/10/2005 4:40 PM Contract No. 3557^1 Page 4 of 120 Pages PARTS Construction Methods Section 300 Earthwork 300-1 Clearing and Grubbing 109 300-3 Structure Excavation and Backfill 109 300-9 Geotextiles for Erosion Control and Water Pollution Control 110 Section 303 Concrete And Masonry Construction 303-1 Concrete Structures 111 303-8 Drill and Bond Dowels 112 303-9 Core Concrete 113 303-10 Remove Unsound Concrete 114 Section 308 Landscape and Irrigation Installation 308-2 Earthwork and Topsoil Placement 114 308-4 Planting 115 308-8 Payment 117 Section 310 Painting 310-5 Painting Various Surfaces 117 Section 313 Temporary Traffic Control Devices 313-2 Temporary Traffic Signing 118 313-4 Measurement and Payment 118 Section 316 Existing Highway Facilities 316-1 Bridge Removal 119 Appendix A Sample NCTD "Right-Of-Entry" Permit & Categorical Exemption/Exclusion Letter Appendix B Federal Wage Rates Appendix C "Guidelines for Projects on or Adjacent to Railroad Right-of-Way" (NCTD) Appendix D Disadvantaged Business Enterprise (DBE) Certification Status Change, CEM-2403(F) Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 5 of 120 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 4:00 p.m. on December 6, 2005, the Cityshall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Oficer, 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 3557-1, Carlsbad Boulevard OH Bridge Retrofit will include bent and footing retrofits as well as reconstruction at the abutments. The project includes some bridge removal and completing a portion of the work near a 12" high pressure gas main. CONTRACT NO. 3557-1 CARLSBAD BOULEVARD OH BRIDGE RETROFIT 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 maybe 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, 2003 Edition, and the 1998 and 1999 supplements thereto, 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. See section 10 for additional provisions for federal aid construction projects. 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 security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. A•K Revised 10/31/2005 4:50 PM Contract No. 3557-1 Page 6 of 120 Pages The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: 8. Bidder' s Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10.Non-Collusion Affidavit 11 .Equal Employment Opportunity Certification 12.Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) 13.Non-Lobbying Certification 1. Contractor's Proposal 2. Bidder's Bond 3. Designation of Subcontractors and Amount of Subcontractor's Bid 4. Bidder's Statement of Financial Responsibility 5. Local Agency Bidder - DBE - Information 6. Bidder's Statement of Technical Ability and Experience 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 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. 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 non-responsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does involve federal funds. The following classifications are acceptable for this contract: CLASSIFICATIONS FOR CONTRACTORS ARE: Class A. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $ 25 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Revised 10/31/2005 4:50 PM Contract No. 3557-1 Page 7 of 120 Pages The general prevailing rate of wages or Federal minimum wage rates for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages or Federal minimum wage rates to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A pre-bid meeting and tour of the project site will not be held. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. Revised 10/31/2005 4:37 PM Contract No. 3557-1 Page 8 of 120 Pages 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) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2005-307, adopted on the 18th day of October, 2005. October 27. 2005 Date Publish Date: November 2. 2005 Revised 10/31/2005 4:35 PM Contract No. 3557-1 Page 9 of 120 Pages CITY OF CARLSBAD CONTRACT NO. 3557-1 CARLSBAD BOULEVARD OH BRIDGE RETROFIT 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. 3557-1 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: SCHEDULE "A" BRIDGE IMPROVEMENTS Item No. Description A-1 Mobilization at A-3 A-4 Approximate Quantity and Unit LS Dollars (Lump Sum) A-2 Traffic Control LS Dollars (Lump Sum) Class A Field Office at A-VUMSc^J 4-\v/g Per month Erosion and Water Pollution Control LS Dollars (F) per CY Unit Price Total $ $ Months $ $ "2 $ S. S OO $ 2 Dollars (Lump Sum) A-5 Structure Excavation (Bridge) 1025 CY $5C Addendum No. 2 Contract No. 3557-1 Page 10 of 120 Pages Approximate Item Quantity Unit No. Description and Unit Price Total A-6 Structure Backfill (Bridge) 633 CY $ 10''$ (o 3 Dollars (F) per CY A-7 Structural Concrete, Bridge ^ 380 CY $_ t VVUv^> Dollars (F) per CY A-8 Structural Concrete, Bridge 143CY $ £~?5' Footing Dollars (F) per CY A-9 Bar Reinforcing Steel (Bridge) 101,000 LB $ Z .'" $ Dollars (F) per LB r A-10 Miscellaneous Metal (Bridge) 4,200 LB $ lO-""" $ ^/i? Dollars (F) per LB A-11 Bridge Removal A LS $ Dollars (Lump Sum) A-12 Coce 2" Dia Hole 304 LF $ Dollars (F) per LF A-13 Core 9 5/8"Dia Hole 13LF $ &£&l ^ $ •UAJ Ixuv^ktJ -t\Vi-/i Dollars (F) per LF A-14 Remove Unsound Concrete LS Dollars (Lump Sum) Addendum No. 2 Contract No. 3557-1 Page 11 of 120 Pages OPtwED,AUu hu Item No. Description A-15 Roadway Excavation Approximate Quantity and Unit 756 CY $ Dollars (F) per CY A-16 Structural Concrete, Retaining Wall 343 SF Dollars (F) per SF A-17 Drill and Bond Dowel 800 LF $ XL PL Dollars (F) per LF Note: Items with a designation (F) are considered final pay items per section 9-1 .015 of the Caltrans Standard Specifications. Total amount of bid in words for Schedule "A": JL\ViJl WuAuJ VUnU •/ Total amount of bid in numbers for Schedule "A": $ J ' ^SSCU Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). proposal. I has/have been received and is/are included in this The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacjjy of a contractor within the State of California, validly licensed under license* nurtiber ft^H'OQD , classification r\ which expires on I i / 3Q/ 0-fr , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104. The Undersigned bidder hereby represents as follows: A•^ Addendum No. 2 Contract No. 3557-1 Page 12 of 120 Pages License Detail Page 1 of2 California Home Monday, December 19, 2005 License Detail Contractor License # 827005 CALIFORNIA CONTRACTORS STATE LICENSE BOARD DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. • Per B&P 7071.17. only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 12/19/2005 * * * Business Information * * * K L M CONSTRUCTION INC 1011 EAST MAIN SUITE 408 PUYALLUP, WA 98372 Business Phone Number: (253) 444-5168 Entity: Corporation Issue Date: 11/04/2003 Expire Date: 11/30/2007 * * *License Status * * * This license is current and active. All information below should be reviewed. * * *Classifications * * * Class Description * * *Bonding Information * * http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 12/19/2005 License Detail Page 2 of 2 CONTRACTOR'S BOND: This license filed Contractor's Bond number 929340865 in the amount of $10,000 with the bonding company WESTERN SURETY COMPANY. Effective Date: 08/15/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(I): The Responsible Managing Officer (RMO) DANIEL GENE CASEY certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 11/04/2003 * * * Workers Compensation Information * * * This license has no California employees. Any employees they have are covered by out of state insurance. Effective Date: 10/06/2003 Expire Date: None Personnel List License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request © 2005 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 12/19/2005 The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is QO^)(A (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail 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) Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 13 of 120 Pages (3) Place of Business City and State (4) Zip Code (5) E-Mail (Street and Number)' Telephone No. IF A CORPORATION. SIGN HERE (1) Name under which business is conducted (2) Title Impress Corporate Seal here (3) Incorporated under the laws of the State of (4) Place of Business IOU tJU5T YY1(M A. City and State V\AAAQlJ (5) Zip Code ^ QQ"T<A Telephone No. (6) E-Mail M H ^ ~ 5 I k^ NOTARIAL ACKNOVVCEDGMENT 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: Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 14 of 120 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State County of personally appeared IE, jm-E OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC" S)OFSIGNER(S) personally known to me - OR - EH proved to me on-tbebasis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s} acted, executed the instrument. WITNESS my hand and official seaj. . SIGIWRJREOFNOTARY OPTIONAL 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 D INDIVIDUAL D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT Tm.E(5) D PARTNER(S) D LIMITED LJ GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON{S) OR ENT1TY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-40B7/GEEF Z/9B 01883 NATIONAL NOTARY ASSOCIATION • 8236 Rammet Ave.. P.O. Box 7184 • Canoga Park, CA 91309-7184 BID SECURITY FORM (Check to Accompany Bid) CONTRACT NO. 3557-1 CARLSBAD BOULEVARD OH BRIDGE RETROFIT (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a "Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 15 of 120 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL CONTRACT NO. 3557-1 CARLSBAD BOULEVARD OH BRIDGE RETROFIT KNOW ALL PERSONS BY THESE PRESENTS: That we, KLM CONSTRUCTION. INC. , as Principal, and WESTERN SURETY COMPANY as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) TEN PERCENT OF AMOUNT BID for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: CARLSBAD BOULEVARD OH BRIDGE RETROFIT Contract No. 3557-1 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 16 of 120 Pages In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this -1*TH day of DECEMBER .20 05 . PRINCIPAL: KLM CONSTRUCTION. INC. By: —(name of Princif: v: I ^> ^-—' r\(W (print name here . ,U ^j (Title and Organization of Signatory) By:. (sign here) (print name here) (title and organization of signatory) Executed by SURETY this 6TH Of DECEMBER .day , 20 05 . SURETY: WESTERN SURETY COMPANY (name of Surety) P.O. BOX 24011I.SEATTLE WA 98124 (address of Surety) (206)587-2064 > (telephone number of Surety) jnature of Attomey-in-Fact) JOANNE REINKENSMEYER (printed name of Attomey-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer, to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By:. Deputy Cify Attorney Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 17 of 120 Pages NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer. Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars (SO.OO). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. FotmF7]IO CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Me. 5907 State of DATE personally appeared ME, TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC" personally known to me - OR - E(S)OFSIGNER(S) proved to me onme basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL 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 D INDIVIDUAL D CORPORATE OFFICER Tm.E(S) D PARTNER(S) p LIMITED LJ GENERAL D ATTORNEY-IN-FACT II TRUSTEE(S) H GUARDIAN/CONSERVATOR I] OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENT1TY0ES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-40B7/GEEF 2/88 01983 NATIONAL NOTARY ASSOCIATION • B23B Remmel AVB.. P.O. Box 7184 • Canoga Park, CA 9130B-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of Washington County of Pierce On 12/14/2005 before me, Stacy J. Cutbirth DATE personally appeared NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally known to me - OR - NAME(S)OFSlGNER(SJ( proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand '''<r»' OPTIONAL- 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 D INDIVIDUAL D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENTTrrLE{S) PARTNER(S)LIMITED GENERAL ATTORNEY-1N-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES February 4 2004 SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTnY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-40Br/GEEF2/B8 © 1993 NATIONAL NOTARY ASSOCIATION • B236 Remmet Ave., P.O. BDX7184 • Canoga Park, CA 91309-7184 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Kip W Vandeventer, Kellie Hogan, Peter J Comfort, Karen Swanson, Stacy Cutbirth, Lisa Kerstetter, Joanne Reinkensmeyer, Brent E Heilesen, Lu Ann Unrue, Anne E Strieby, Eric A Zimmerman, Kristine Lawrence, James B Binder, Individually of Tacoma, WA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 30th day of September, 2005. WESTERN SURETY COMPANY Paul :r Bruflat, Senior Vice President State of South Dakota County of Minnehaha On this 30th day of September, 2005, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires \ D. KRELL November 30,2006 //SEA.. ,iVSiSysOUTH DAKOTA*. ary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this fi^^ <*ay of ilJi\sf4''fiJ£f\ ^^^> . WESTERN SURETY COMPANY . Nelson, Assistant Secretary Form F4280-01-02 KLM Construction Inc. 1011 East Main Street, Suite 301 Puyallup, WA 98372 Phone:(253)444-5168 Fax:(253)444-5168 STATE OF WASHINGTON COUNTY OF PIERCE I HEREBY CERTIFY that during a meeting of the Board of Directors of the KLM Construction Inc., a corporation existing under the laws of the State of Washington, held on December 5, 2005, the following resolution was duly passed and adopted: "RESOLVED, that Daniel Casey as President of KLM Construction Inc., is hereby authorized to execute the Bid documents dated December 14, 2005, CARLSBAD BOULEVARD OH BRIDGE RETROFIT, Bridge #57C-0134, for this corporation and that his execution thereof shall be the official act and deed of this Corporation" I further certify that said resolution is now in full force and effect. Professional Bridge Construction and Repair CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State County of On _ I DATE personally appeared before rne, forto.n NAME, TITLE OF OFFICER - E.6.. "JANE DOE, NOTARY PUBLIC1 .7 WM«eiS) OF SIGNER(S) Vl personally known to me - OR - l~~l proved to me orHhe basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. N ••<» fjr ^Wf-7wflNy\ OPTIONAL 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 D INDIVIDUAL D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT Trn.E(s> PARTNER(S)LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-40B7/GEEF2/B8 019B3 NATIONAL NOTARY ASSOCIATION • 8238 Remmal Ava, P.O. Box 7184 • Canoga Park, CA 91309-7184 Company Profile Page 1 of 2 Company Profile WESTERN SURETY COMPANY P.O. BOX 5077 SIOUX FALLS, SD 57117-5077 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, C A 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC#: 13188 NAIC Group #: 0218 California Company ID #: 0761 -7 Date authorized in California: July 29,1930 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: SOUTH DAKOTA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. LIABILITY SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies http://cdinswww.insurance.ca.gov/pls/wu_co_lines/idb_co_prof_utl.get_co... 12/19/2005 Company Profile Page 2 of 2 Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - December 13,2005 09:17 PM Copyright © California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_co_lines/idb_co_prof_utl.get_co... 12/19/2005 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES. Prior to preparation of the following Subcontractor disclosure form Bidders are urged to review the definitions in section 1-2 of the SSPWC ("Greenbook") and in the Supplemental Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions. CAUTIONS. This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS. The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractors) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. Revised 06/1 0/2005 4:40 PM Contract No. 3557-1 Page 1 8 of 1 20 Pages Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 19 of 120 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACT NO. 3557-1 CARLSBAD BOULEVARD OH BRIDGE RETROFIT The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's totat bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work*Subcontractor Name and Location of Business -LVm^ A-i i . v? t bnrjrcte. .U-M-J AH mat. ,A-i3.A-Hf.A-te/iir* » ) i A •*"» f*~t(hr P.O. ^ K>o> b . J.Cianr^Ana /A 42} 1 f udsofoSflk-T-uk Gjfcjwtads Q^ Ip |Vltfjke.cjni tout. 4 ScxirvDivfc,,:.. CA 92ISYJ ' Amount of Work by Subcontractor . in Dollars* SLeS.qz? $U,coO Subcontractor's License No.* Q \{)£>l\J Page / of I pages of this Subcontractor Designation form Pursuant to section 4104 (aX2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 20 of 120 Pages LOCAL AGENCY BIDDER - DBE - INFORMATION 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 be submitted and received as specified in Section 10-1.026 of the Special Provisions. Failure to submit the required DBE information will be grounds for finding the proposal nonresponsive. CO.-RTE.- K.P.: CONTRACT NO.: BID AMOUNT: $ BID OPENING DA BIDDER'S NAME: DBE GOAL FROM CON DBE PRIME CONTRACTOR CERTIFICATION 1:A-VA CONTRACT ITEM NO. x*1 /f-'/7 ITEM OF WORK AND DESCRIPTION OR SERVICES TO BE SUBCONTRACTED OR MATERIALS TO BE PROVIDED 2 i ^? DBE CERT. NO. Cf\LT^A(V$ CT- OOllrt^Mb IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Copies of the DBE quotes are required. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above shall be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid pursuant to the Subcontractors Listing Law and Section 10-1.01, "General," of the Special Provisions. 1. DBE prime contractors shall enter their DBE certification number. DBE prime contractors shall indicate all work to be performed by DBEs including work performed by its own forces. 2. If 100% of item is not to be performed or furnished by DBE, describe exact portion of item to be performed or furnished by DBE. 3. See Section 10-1.02, "Disadvantaged Business Enterprise, " to determine the credit allowed for DBE firms. NAME OF DBEs (Must be certified on the date bids are opened - include DBE address and phone number,) ^ , ^* W(>t<w&aj{g( Total Claimed Participation DOLLAR AMOUNT DBE 3 «« S&W vs- % t~~\y—-^^-^ -•Signature of Bidder ^ Date' ' (Area Code) Tel. No. bant pi t.aS£M Person to Contact (rtlease Type or Print) CT Bidder - DBE Information (Rev 09-28-99) Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 21 of 120 Pages 12/13/2005 17:20 71455006240 GF CONCRETE CUTTING^: PAGE 01/02 G & F CONCRET CUTTING, INC. P.O. BOX 10215 SANTA ANA, CA 92711 -0215 (714) 648-0397 FAX (714) 550-0624 California State License Number: 590310 Classifications: C21/61 C-8 Year Established: 1980 Year Incorporated: 1985 Company Trades: Concrete Cutting (to 36"), Core Drilling (to 36"), Grinding Wall Sawing, Soft and Hard Demolition. Federal identification Number: 33-0142173 State identification Number; 296-1261 D-U-N-S Number: 05-588-3391 Officers: Rita Vigil-Ferguson President Gregory L. Ferguson C.E.o./C.F.O. Gregory L. Ferguson Secretary Bank Reference: Union Bank of California 2001 Michelson Drive Irvine, CA 92612 (949) 225-4314 Fax (949) 225-4326 Representative: Bethany Watanabe Insurance Agent: Willis of Arizona, Inc. 11201 North Tatum Blvd. Suite 300 (602) 787-6296 (602) 787-6106 Fax Representative: Sharon Giles Worker's Compensation: State Compensation Insurance Fund P.O. Box 419 Santa Ana, CA 92702-0419 (714) 565-5000 (714) 565-5966 Fax Policy No. 046-01 Unit 0002486 Representative: Mavash Pour Contractor's Bonding: Western Surety Company 101 S. Phillips Ave. Sioux Falls, SO 57104-6703 12/13/2005 17:20 7145500G240 GF CONCRETE CUTTING^PAGE 02/02 Credit References? G.O, Rodriguez Trucking P.O. Box 2211 lrwindale,CA91706 (909) 596-3747 Kennedy Equipment Co. 784 N. Lemon Street Orange, CA 92667 (714)771-7324 (714) 771-2363 Fax Masterpiece Engineering Co. 2281 Crosswords Road Prescott, AZ 86301 (800) 387-6320 (520) 771-1319 Fax W.W. Grainger, Inc. Dept. 440-805287422 Palatine, IL 60038-0001 (714)776-6514 Kimbertey Diamond Tool Co. 465 East Carmel Street San Marcos, CA 92069 (760) 591-9965 (760) 591 -4990 Fax Orange County Auto Parts 515 E. First Street Santa Ana, CA 92701 (714)547-0711 (714) 547-0981 Fax G & F Concrete Cutting, Inc. Is a certified minority contractor. Certified with the following authorities: CUCP (California Unified Certification Program) WMBE (Women Minority/Business Enter. Clearinghouse) Caltrans City of Los Angeles DOS (Office of Small Business/DVBE Certification) SCMBDC (So.CA Minority Business Development Council) MTA (Metro Transportation Authority) MWD (Metro. Water District of So.Ca.) City Licenses: Union Affiliation: City of Santa Ana City of Los Angeles Laborers international Operating Engineers I.B.E.W. Cement/Masons Should you require anything further, please do not hesitate to call. 30936 05/21/2006 3FS00011 05/21/2006 CT-0087535 05/21/2006 CCA-930 05/21/2006 357147 07/30/2006 4013 06/23/200* 02/18/200 fa 04/03/2006 0136404 12/31/2004 509628-96 12/31/2004 Thank you, G & F CONCRETE CUTTING, INC. BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) CONTRACT NO. 3557-1 CARLSBAD BOULEVARD OH BRIDGE RETROFIT Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. rp My U£-\AxVs st moS'T R'd^/4 ><^u/\^UJUcV Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 22 of 120 Pages KLM CONSTRUCTION, INC. ttNANeiAt;STATEMENTS For the year ended December 31,2004 I — >TABLE OF CONTENTS . - -. : ••• • ; . '• •-. _ _•••-. -_ . . RAGE- REPORT . 1 FINANCIAL STATEMENTS eafahce Sheet - _••'..'' .. •.-...: '-'• ' ' • • ' ' • 2 Statement of income and Retained Earnings • < 3 Statement of Cash Flows . . , . 4 Notes to Financial Statements : '" : v 5 SUPPLEMENTAL SCHEDULES , . Cost of Contract Revenue and General and Administrative Expense 9 '-.'.. ''•:_• : • ' . ; _ • _ . Contracts Completed and in Progress . 10 DWYER PEMBERTON & COULSON, P.C.Certified PuWic Accountants Established 1936 . ACCOUNTANT'S REVIEW REPORT June 23,2005 . . To*heShareholders •; : • .'• . KLM ConstructionJiic. . ^ . Puyallup.Washington : . . . We have reviewed the accompanying balance sheet Of KLty Construction, .Inc., an S corporation; as of December 31, 2004, and the related statements of income and retained earnings and cash flbVvs for the.year then ended, in accordance with Statements on Standards fpr.Acccuntirv wrt Review Services Issued by the American Institute of Certified Pabilc Accountants. AB information included in these financial statements is the representation of the owners of KUM Construction, Inc. . A review consists principally of inquiries of Company personnel and anaiytical procedures applied to financial data. It is substantially less in scope than an audit in accordance with generally accepted auditing standards, the objective of which is, the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. ' Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with generally accepted accounting principles. Our review was made for the purpose of expressing limited assurance that there are no material modifications that should be made to the financial statements in order for them to be in conformity with generally accepted accounting principles. The supplemental schedules on pages Q and 10.are presented only for supplementary analysis purposes. Such information has be^n subjeded to tfie ^ review of the basic financial statements, and we are not aware of any material modifications that should be made thereto. . w -1- KLM CONSTRUCTION, INC. BALANCE SHEET December 31.2004 ASSETS Current Assets: Cash Accounts receivable, net of allowance for doubtful accounts of $2,500 Retainages receivable Insurance daim receivable Payroll tax overpayment receivable Notes receivable, shareholders Prepaid expenses Costs and estimated earnings in excess of bffllngs oh uncompleted contracts TOTAL, CURRENT ASSETS Property and Equipment, Net Othir Assets: • • Deposits TOTAL ASSETS 12.796 686,799 88,366 21.238 13,007 32.060 19,249 160.064 1,033,573 385,396 I 1.421.514 LIABILITIES AND STOCKHOLDERS' EQUITY Current Liabilities: Accounts payable Accrued payroll and payroll taxes Accrued business taxes Other accrued expenses Line of credit Note payable, bank Note payable, shareholder . Current portion long term debt TOTAL CURRENT LIABILITIES Long-Term Debt, Net TOTAL LIABILITIES Stockholders' Equity: Common stock, no par value; 50,000 shares authorized; 2,000 shares issued and outstanding Retained earnings TOTAL STOCKHOLDERS' EQUITY TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY 459,538 11,211 5,435 658 250.000 226.400 28,360 70.364 1.051,966 192.060 1.244.026 125.737 51.751 177.488 $ 1.421.514 See Accountant's Review Report. See accompanying notes. -2- KLM CONSTRUCTION, INC. STATEMENT OF INCOME AND RETAINED EARNINGS For the year ended December 31,2004 CONTRACT REVENUE COST OF CONTRACT REVENUE GROSS PROFfr GENERAL AND ADMINISTRATIVE EXPENSE INCOME FROM OPERATIONS , '• ' . - OTHER INCOME (EXPENSE) . Other income Interest ; Loss on disposal of property and equipment NET INCOME RETAINED EARNINGS, Beginning RETAINED EARNINGS, Ending Amount $ 3,029,666 2.54a.699 480,967 455,217 25,750 Percent of Revenue 100.0 84.2 15.8 15.0 . .8 • $ 21;238 .•-.-. (21.434) (5,445) 20,i09 tgn 31,642 '51,751. .7 (.7) .6 See Accountant's Review Report. See accompanying notes. -3- KLM CONSTRUCTION, INC. STATEMENT OF CASH ROWS For the year ended December 31,2004 CASH FLOWS FROM OPERATING ACTIVITIES Cash collected from customers Cash pakl to suppliers and employees Interestpakf NET CASH USED BY OPERATING ACTIVITIES CASH FLOWS FROM INVESTINCSACTMTIES Acquisition of property and equipment Increase in notes receivable, shareholders . NET CASH USED BY INVESTING ACTIVITIES CASH FLOWS FROM FINANCING ACTIVITIES Proceteds.frornlone-term debt Payments on long-term debt Net advances on llrie of credit Proceeds from short-term debt Increase In note payable, shareholder NET CASH PROVIDED BY FINANCING ACTIVITIES NET DECREASE IN CASH CASH, Beginning CASH, Ending $ 2,383.895 (2,648,665) (21.726) (286.496) (50,500) (10;000) (60.500) 19,537 (48,468) 150,000 176.490 8.860 30&3P9 (40,687) 53.477 12,790 RECONCILIATION OF NET INCOME TO NET CASH USED BY OPERATING ACTIVITIES Net income Noncash revenues and expenses included in income: Depredation Loss on disposal of property and equipment Increase; In: •' ' -" ." ' • . , ' ' ••/..-• Accounts receivable Retainages receivable Insurance claim receivable Payrdl tax overpayment receivable . . ; Prepaids . . .'. -. . _ . . .' :.._• : .'•-.' -••••'. Cosfe'jand estimated earningsJn excess of . . • , . bllHrigs on uncompleted contracts • . ^ Deposits.'- .. : '• .•'• • _•• • ' •. - . :'.'•''•' .'-'-..- fncrease (decrease) in: . . Accounts payable Accrued1 payroli and payroll taxes - . ' Accrued business texes ' • Other accrued expenses NET CASH USED BY OPERATING ACTIVITIES 20,t09 28,629 5,445 (471,785) (6^1,967) (21.^38) (483) (97,2^) (1,750) 325,594 (2,333) 3,844 (292) DISCLOSURE OF NONCASH TRANSACTIONS During .the year ended December 31, 2004, $178,072 of setter financed equipment was purchased and the Company received a trade-in allowance of $32,693 on the acquisition of property and equipment. The property and equipment traded in had a net book value of $38,138 and debt owing of $32,693 at date of trade in. See Accountant's Review Report. See accompanying notes. KLM CONSTRUCTION, INC. NOTES TO FINANCIAL STATEMENTS For the year ended December 31.2004 NOTE 1. Description of Business and Summary of Significant Accounting Policies Description of Business: . •'.''•' KLM Construction, Inc. Was incorporated under the laws of the State of Washington on February 1, 2002. and began operating March 21, 2002. The Company was formed to operate as a specialty contractor on highway bridges for governmental entities. Its principal offices a/e located in Puyallup, Washington. , ' •' ..": ' Estimates: •'••';.• ^ '•'.'•' ' :. •' • • .-•'•-•'••'''':- ..'" The preparation of financial statements in contamfty w^,gen^ requires management to make estimates and assumptions 'that affect certain reported amounts' and disclosures. Acc^ingiy. actual restiltsoxjld differ from tt Revenue ar^ Cost Recognition: the Company recognizes revenues from fixed-price and modified fixed-price construction contracts on the percentage-pf-completion method, measured by the percentage of cost incurred to^Jate to estimated totaf cost for each contract That method1 is used because management considers total opst to te the b^ .inherent uncertainties in estimating costs, it is at least reasonably possible that the estimates used wRI change within the near term. • ' , Contract costs include all direct material and labor costs and those indirect costs related to contract performance, such as indirect labor, supplies, tools, repairs, and depredation.. Selling, general and administrative costs are charged to expense as incurred. 'Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. Changes in job performance, Job conditions, and estimated profitability may result in revisions to costs and income, which are recognized In the period in which the revisions are determined. . . As applicable, the asset, "Costs and estimated earnings in excess of billings on uncompleted contracts", represents revenues recognized in excess of amounts billed. The liability, "Billings in excess of costs and estimated earnings on uncompleted contracts", represents billings in excess of revenues recognized. . Accounts Receivable: ' The Company carries its accounts receivable at cost less an allowance for doubtful, accounts. On a periodic basis, the Company evaluates its accounts receivable and establishes an allowance, for doubtful accounts based on a history of past write offs and collections and current credit conditions. At December 31, 2004, accounts receivable greater than 90 days past due totaled $18,478 of trade accounts receivable and $15,442 of retainages receivable. Property and Equipment: Property and equipment are stated at cost. Depreciation is computed based on cost less an estimated salvage value using the straight-line method over the estimated useful life of the property and equipment. NOTE 1. NOTE 2. (Continued) Income Taxes: The Company, with the consent of its stockholders, has elected under the Internal Revenue Code to be an S corporation. In lieu of corporation income taxes, the stockholders of an S corporaflon are taxed on their proportionate share of the Corhpan/s taxable income; therefore, no provision or liability for federal income taxes has been included In the financial statements. . Contracts In Progress , Costs, estimated earnings and billings on contracts Jn progress are summarized as follows: Costs, incurred oh contracts in progress Estimated earnings Billings to date TOTAL $1,800.978 287.930 2,008,903 1.9J28.844 Included in the accompanying balance sheet tmder the following caption: Costs and estimated earnings in excess of billings on contracts in progress S 160064 NOTE 3. Property and Equipment Property and equipment consists of the following at December 31, 2004: Office furniture and equipment Machinery and heavy equipment Vehicles Leasehold improvements . Less accumulated depreciation PROPERTY AND EQUIPMENT - NET $ 10,285 102.094 293,410 20.281 426,070 40.674 S 385396 NOTE 4. Line of Credit The Company has a revolving promissory note with a commercial bank jn the amount of $250,000, with interest at the bank's base rate plus. 2.5 percent due November 2005. Trie note is secured by accounts receivable, inventory, equipment, and the personal guarantees of the shareholders. The interest rate on the line of credit is subject to an interest rate floor of 7.5 percent. At December 31, 2004, the outstanding balance was $250,000. At December 31, 2004, the interest rate on the note was 7.75 percent. NOTE 5. Note Payable, Bank The Company has a $285,000 note payable to a commercial bank with interest at the bank's base rate plus 2.5 percent, due February 2005. The note is secured by accounts receivable, Inventory, equipment and the personal guarantees of the shareholders. The interest rate on the note is subject to an interest rate floor of 7.75 percent At December 31. 2004, the outstanding balance was $226,400, with the Interest rate on the note at 7.75 percent. This note was renewed subject to the same terms, except for a new loan amount of $235,000, due July 2005. NOTE 9. Long-Term Debt At December 31.2(X)41 long-term debt consists of the following: Note payable to a manufacturer credit corporation In monthly installments of $525, including interest at 7.9 percent, due September 2006, secured by equipment. . . $ 10,264 Note payable to a manufacturer credit corporation in monthly installment of $490, including Interest at 9.9 percent, due October 2005, secured by a vehicle. 4,674 Note payable to a manufacturer credit corporation in monthly installments . of $610, including interest at zero percent, due June 2009, secured by a vehicle. . 32,913 Note, payable to a commercial bankin monthly Installments of i$781, including interest at8.0 percent, dueiJune 2p07, secured by accounts receivable, inventory, equipment, and the personal guarantees erf the shareholders. 21,181 ;•'"•'• Npte payable to a commercial bankin nruxiftly installment of $528, including interest at 8.0 percent due June 2008; sewred by acopiints receivabie, inventory, equipment, and the personal guarantees of the shareholders. 19,281 Note payable to a manufacturer credit consoratkjn in monthly installments of $719/irKduding interest imputed at e.Qperc»nt, due May 2008, secured by a vehicle. . . 25,733 Note payable to a manufacturer credit corporation in monthly installments of $753, including interest at zero percent, due June 2009, secured by a vehicle. . . 40,654 Note payable to a manufacturer credit corporation in monthly installments of $838, including interest at zero percent, due June 2009, secured by ; a vehicle. . . 45,259 Note payableto a manufacturer credit corporation in monthly installments of $639, including interest at zero percent, due October 2010. secured1 by a vehicle. . 44,764 Note payable to a commercial bank in monthly installments of $264, including interest at 8.0 percent, due June 2007, secured by a vehicle. 7,367 Note payable to a commercial bank in monthly installments of $352, including interest at 8.5 percent due September 2007. secured by a vehicle. 10.334 262,424 Less current portion of long-term debt 70.364 LONG-TERM DEBT - NET S 102.060 Maturities of long-term debt for the five succeeding years ending December 31 are as follows: 2005 2006 2007 2008 2009 Thereafter TOTAL $ 70,364 66,742 57,350 40,698 20,877 6.393 S 262.424 -7- NOTE 7.Related-Party Transactions The Company has unsecured notes receivable from shareholders for $32,060 bearing no interest and due on demand. The Company has an unsecured note payable to a shareholder for $28,360 bearing interest at 2 percent, due oh demand. . The Company leases warehouse and yard space from the father of one of ine shareholders (Note 9). During the year ended December 31, 2004, the lease, payments totaled $10,200. NOTES. Contract Backlog Backlog represents the amount of revenue the Company expects to realize from vvork to be performed on uncompleted contracts in progress at December 31. 2004, and from contractual agreements on which work has not yet begun; The Mowing schedule summarizes backlog on contracts as of December 31, 2004: Backlog balance at December 31,2003 New contracts during tile year . : Less contraict revenue earned during the year BACKLOG BALANCE AT DECEMBER 31.2004 $ 85,125 3.186.734 3;27lf850 3.029.666 $_24^1 pa NOTE 9. Operating Leases Trie Company leased office space on a month-to-month basis for eleven months of the year with monthly payments of $1.469. In November 2004, the Company entered into a new lease agreement for the office space with a monthly payment of $2,185 expiring November 2005. Rent expense for 2004 was $18,339. In March 2005, the-Company entered into a new lease agreement for larger office space, replacing the November 2004 lease agreement, with monthly payments of $3,115 beginning in May 2005, expiring April 2010. .Upon each anniversary date during the term of the lease and any renewal, the monthly rent will be increased by 3 percent or by the percentage increase in the Consumer Price Index for the SeattJe-Tacoma, Washington area/ for the previous calendar year, whichever is greater. At the expiration of the lease, the Company has the option to extend the lease for one additional three-year period under the same term&and conditions. The Company leases warehouse and yard space from the father of one of the shareholders on a month-to-month basis with monthly payments of $850. Rent expense for 2004 was $10,200. Minimum future lease payments under nohcanceiable operating leases having remaining terms in excess of one year as of December 31, 2004, for each of the next five years and in the aggregate are: 2005 $ 32,730 2006 38,501 2007 39,656 2008 40,846 2009 42,072 Subsequent to 2009 14.445 TOTAL MINIMUM MONTHLY PAYMENTS REQUIRED £ 2QS.2SQ KLM CONSTRUCTION, INC. SUPPLEMENTAL SCHEDULE For the year ended December 31.2004 COST OF CONTRACT REVENUE Directiabor Materials , Subcontractors Payroll taxes ..':'- . Other direct costs TOTAL COST OF CONTRACT REVENUE GENERAL AND ADMINISTRATIVE EXPENSE Officers'salaries •. • ';'' :- ''.'".'..' Office and other salaries ' , Profeasional services Empfeyee benefits ' Rent and utilities Payrofl taxes Automobile and truck Tetephorw and cellular Travel License and permits . . OfBoe Equipment rental Meals and entertainment Bad debts Depredation Warranty costs Business faxes Business development • Otter .. ' •; ' ,; . Dues and subscriptions Professional development TOTAL GENERAL AND ADMINISTRATIVE EXPENSE $ $ $ $ Amount 318.866 1,336,164 314,131 71,590 507:928 2i648J09 138,010 101,005 23,800 22,303 2^009 20,862 18.828 17,441 1ft,479 13.361 . . 12,822 7,740 7,179 6,602 6,493 6.304 4,669 3.956 3,674 1,155 925 455,217 Percent of Revenue tO.5 44.1 10.4 2.4 t*8 84.2 BBR9BB3HHHOT 4.6 3.3 .8 .7 .7 .7 .6 ,6 .5 .5 A .3 .2 .2 .2 .2 .2 .1 .1 — — 15.0SBSBOEl^HBB See Accountant's Review Report -9- r m11 111 iilIs 'I fte •12i!i«> «SS ill 55SJ tt iff mm fen & Ir? ir MM BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CONTRACT NO. 3557-1 CARLSBAD BOULEVARD OH BRIDGE RETROFIT The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address of the Employer Name and Phone No. of Person to Contract Type of Work Amount of Contract M«L S J/ Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 23 of 120 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) CONTRACT NO. 3557-1 CARLSBAD BOULEVARD OH BRIDGE RETROFIT As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite oroffsite, 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. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 24 of 120 Pages Client*: 95895 KLMCONST ACORD,, CERTIFICATE OF LIABI PRODUCER Bratrud Middleton Insurance Brokers, Inc.-Tac General '01 Pacific Ave, Suite 1000 coma, WA 98402 INSURED KLM Construction Inc. 1011 East Main Suite 408 Puyallup, WA 98372 LITY INSURANCE DATE (MM/DD/YYYY) 02/22/06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: SCOTTSDALE INSURANCE COMPANY INSURERS: LIBERTY NORTHWEST INSURANCE COR INSURER C: INSURER D: INSURER E: NAIC# >_ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN5RLTR A B A \DD'L NSRC TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY | CLAIMS MADE | X| OCCUR X BI/PD Ded:5,000 X WA Stop Gap GEN'L AGGREGATE LIMIT APPLIES PER: | POLICY | X| JECT I I LOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS X Drive Other Car GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY X | OCCUR | | CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER POLICY NUMBER BCS0011741 C01 164999 UMS0018864 POLICY EFFECTIVEDATE (MM/DD/YY) 12/01/05 12/01/05 12/01/05 POLICY EXPIRATIONDATE (MM/DD/YY) 12/01/06 12/01/06 12/01/06 LIMITS EACH OCCURRENCE DAMAGE TO RENTEDPREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT(Ea accident) BODILY INJURY(Per person) BODILY INJURY(Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT "THER THAN ^ ACC AUTO ONLY:AGG EACH OCCURRENCE AGGREGATE I WCSTATU- I TORY LIMITS E.L. EACH ACCIDENT OTH- ER E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $1,000,000 $100,000 $5,000 $1,000,000 $2,000,000 $2,000,000 $1,000,000 $ $ $ $ $ $ $5,000,000 $5,000,000 $ $ s $ $ $ RE: Carlsbad Boulevard OH Bridge Retrofit, project #3557-1 The City of Carlsbad, its officials, employees and volunteers are named as additional insured hereunder as respects liability arising out of activities performed by or on behalf of the Named Insured. Coverage under this policy shall be primary insurance as (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION ^_ City of Carlsbad, CA Public Works 1635 Faraday Ave Carlsbad, CA 92008-7314 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3(1 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) 1 of 3 #S119165/M109376 SSROO © ACORD CORPORATION 1988 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 (2001/08) 2 of 3 #S119165/M109376 DESCRIPTIONS (Continued from Page 1) respects the City, its officials, employees and volunteers. This policy will not be cancelled, materially changed nor the amount of coverage reduced until thirty (30) days ,=*er receipt of written notice of cancellation of reduction in coverage by the City Clerk he City of Carlsbad, California. AMS 25.3 (2001/08) 3 of 3 #S119165/M109376 A SCOTTSDALE INSURANCE COMPANY8 ENDORSEMENT NO. ATTACHED TO AND FORMING PART OF POLICY NUMBER BCS0011741 ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) 12/01/2005 NAMED INSURED KLM CONSTRUCTION AGENT NO. 46713 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performini operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ADDITIONAL INSURED UNDE THIS POLICY: "The city of Carlsbad, its officials, employees and volunteers are named as additional insured hereunder as respects liability arising out of activities performed by or on behalf of the Named Insured. Coverage under this policy shall be primary insurance as respects the City, its officials, employees and volunteers. This policy will not be canceled, materially changed nor the amount of coverage reduced until thirty (30) days after receipt of written notice of cancellation of reduction in coverage by the City Clerk of the City of Carlsbad, California." Verify Workers' Comp Premium Status - Employer Liability Certificate Page 1 of 1 Washington State Department of Labor and Industries Employer Liability Certificate Department of Labor and Industries Employer Liability Certificate Date: 02/22/2006 UBI#: 602181 195 Business Name: KLM CONSTRUCTION INC Legal Business Name: KLM CONSTRUCTION INC Account #: 011,035-01 'Doing Business As1 Name: KLM CONSTRUCTION INC Quarterly Premium Reports: Quarter 4 of Year 2005 Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor? Yes Account Representative: T7 / BELVA SHOOK (360)902-4811 - E-mail: SHOO235@lni.wa.gov Industrial Insurance Information The information above shows the employer's industrial insurance (workers' compensation) premium status with the Department of Labor and Industries. Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates or limitations of coverage. (See RCW 51.12.050 and 51.16.190.) https://fortress.wa.gov/lni/crpsi/AcctInfoPrint.aspx?AccountId=1103501&AccountManager=T7+... 2/22/2006 02/22/2008 13:12 FAX 360 902 5399 1002/002 STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES 2/22/2006 KLM CONSTRUCTION INC 1011 E MAIN STE 301 PUYAUJUP WA 98372 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE Extraterritorial Coverage White Working in the State of CALIFORNIA Account ID: 011,035-01 Unified Business Identifier (UBI): 602 ! 81 195 'THIS IS TO CERTIFY THAT: KLM CONSTRUCTION INC has industrial insurance (workers' compensation) coverage with the Department of Labor and Industries in the state of Washington. If a Washington worker employed by this firm experiences an injury or occupational disease while on the job outside of Washington State, that worker is entitled to benefits under the Washington Industrial Insurance Act if the following criteria arc met: • The worker's normal employment with this firm is principally located in Washington and the worker was on this employer's payroll at the time he/she was assigned to work out-of- state; or • The worker is working under a contract of hire made in Washington for work that I) is not principally localized in any state; or 2) is principally located in another state whose workers' compensation is not applicable to the worker's employer; or 3) is outside the United States and Canada. This certificate applies only to the industrial insurance taws of Washington and does not replace the industrial insurance laws of another state, province or country. Employers are not relieved of their obligations under the laws of other jurisdictions where their employees are working. Washington State has no limitation of coverage, no policy period and no cancellation date. FOR THE DEPARTMENT OF LABOR AND INDUSTRIES By BFZVA SHOOK, Account Manager PC Box 4167 OlympiaWA 98504-4167 (360)902-4811 cm oj-07-03 Page 1 of 1 COMPENSATION INSURANCE CERTHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 F"LJND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 12-12-2005 GROUP: POLICY NUMBER: 1814184-2005 CERTIFICATE ID: 9 CERTIFICATE EXPIRES: 12-01-2006 12-01-2005/12-01-2006 sc CITY OF CARLSBAD PURCHASING 1635 FARADAY AVENUE CARLSBAD CA 92008 SC JOB:CARLSBAD BLVD OH BRIDGE RETROFIT 3557-1 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - DANIEL CASEY PRESIDENT TRE - EXCLUDED. ENDORSEMENT #1600 - BRIAN MOBERG SECRETARY - EXCLUDED. EMPLOYER KLM CONSTRUCTION INC 1011 E MAIN STE 408 PUYALLUP WA 98372 SC (REV.2-05)PRINTED [GJS.CN] 12-12-2005 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) CONTRACT NO. 3557-1 CARLSBAD BOULEVARD OH BRIDGE RETROFIT 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, officer, 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. )\iO Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 25 of 120 Pages 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred agency period of debarment party debarred agency period of debarment BY CONTRACTOR: (name of Contractor) ____ (sign here) (print name/title^) Page ^ of c>< pages of this Re Debarment form Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 26 of 120 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CONTRACT NO. 3557-1 CARLSBAD BOULEVARD OH BRIDGE RETROFIT Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 2) Has the suspension or revocation of your contractors license ever been stayed? X yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes . no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. (If needed attach additional sheets to provide full disclosure.) Page I of <?~~ pages of this Disclosure of Discipline form Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 27 of 120 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD, CONTINUED (To Accompany Proposal) CONTRACT NO. 3557-1 CARLSBAD BOULEVARD OH BRIDGE RETROFIT 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: KLvn (name of Contractor) (print name/title Page <y~~ of '<y pages of this Disclosure of Discipline form Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 28 of 120 Pages Noncollusion Affidavit (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY of CARLSBAD , DEPART/MEAT OF PUBLIC WORKS. In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by\ . ' -• agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Revised 06/09/2005 4:55 PM Contract No. 3557-1 Page 29 of 120 Pages (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder KLW Q^nsVrw^W ±hC • proposed subcontractor A^/A , hereby certifies that he has X , 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 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compli- ance, U.S. Department of Labor. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 30 of 120 Pages (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder j(L111 C OH^U u c ^ OI>K "H K c- proposed subcontractor -HUfllSc^ S*vU- i •*• LA-l KJLKVC-\\$ , hereby certifies that he has >^ , 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 60-1.5. (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 Compli- ance, U.S. Department of Labor Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 30 of 120 Pages (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder proposed subcontractor ^°r-r I QjfUyt D^£/ LJ^m nfl cLAK • hereby certifies that he has-A , has not , participated in a previousjeontract 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 60-1.5. (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 Compli- ance, U.S. Department of Labor. V Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 30 of 120 Pages CONTRACT - PUBLIC WORKS - This agreement is made this /#-> day of by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and KLM CONSTRUCTION whose principal place of business is 1011 EAST MAIN SUITE 408 PUYALLUP WA 98372 (hereinafter called "Contractor".) City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: CARLSBAD BOULEVARD OH BRIDGE RETROFIT Contract No. 3557-1 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2003 edition, and the 1998 and 1999 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. Revised 02/14/2006 11:49 AM Contract No. 3557-1 Page 31 of 120 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 32 of 120 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay 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. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions - Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 33 of 120 Pages 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, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. 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 contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91-403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 34 of 120 Pages (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 City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac- tor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 aboverT^ " ' init \fl\ init Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 35 of 120 Pages 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 Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the 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. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 36 of 120 Pages NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR:Kim munjtfoaf corporation of (name of Contractor) ^ &U&JL-J (print name 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 OepVity City Attome Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 37 of 120 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of before me, DATE personally appeared NAME, Tl OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC" personally known to me - OR • J% ? f ' MOTAHV *1 Z •(S)OFSIGNER(S) proved to me wi the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (. OPTIONAL 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 D INDIVIDUAL D CORPORATE OFFICER TTTLE(S) ] PARTNER(S) P LIMITED U GENERAL J ATTORNEY-IN-FACT Zl TRUSTEE(S) H GUARDIAN/CONSERVATOR Zl OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-40B7/GEEF 2/98 © 19B3 NATIONAL NOTARY ASSOCIATION • 8238 Remmel Ave., P.O. Box 71B4 • Canoga Park, CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of RCER - E.G.. 'JANE DOE, NOTARY PUBLIC" personally appeared NlME(S) OF SIGNER(S) El personally known to me - OR - ! I proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and tiituiiii/. acknowledged to me that he/she/they executed the same in \^VV\P L ylf////' his/her/their authorized capacity(ies), and that by his/her/their •^ vN" •**"*"***{?S&' ''^ signature(s) on the Instrument the person(s), or the entity upon <^'*-<P % behalf of which the person(s) acted, executed the instrument. NOTARY *| \ PUBLICPUBLIC /S = ^ /?^ 2?WS?'*"<^><J>WITNESS my hand and official seal. JURE OF NOTARY OPTIONAL 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 D INDIVIDUAL D CORPORATE OFFICER TITLE(S) D PARTNER(S) Q LIMITED D GENERAL U ATTORNEY-IN-FACT TRUSTEE(S) U GUARDIAN/CONSERVATOR OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON{S) OR ENTTTY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-40B7/GEEF2/BB © 1983 NATIONAL NOTARY ASSOCIATION • 8236 Returns! Ave., P.O. Box 7184 • Canoga Park, CA 913D8-71B4 LABOR AND MATERIALS BOND BOND NO. 929384988 WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2006-020, Adopted FEBRUARY 7, 2006, has awarded to KLMCONSTRUCTION (hereinafter designated as the "Principal"), a Contract for: CARLSBAD BOULEVARD OH BRIDGE RETROFIT Contract No. 3557-1 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE KLM CONSTRUCTION as Principal, (hereinafter designated as the "Contractor"), and WESTERN SURETY COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of NINE HUNDRED THOUSAND EIGHTY Dollars ($900,080), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Revised 02/14/2006 12:00 PM Contract No. 3557-1 Page 38 of 120 Pages Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 2 2ND day of FEBRUARY _ , 20 06. CONTRACTOR: (name of Contractor) .(title and organisation of signatory) Executed by SURETY this Of FEBRUARY 2 2ND day _, 20 06. SURETY: WESTERN SURETY COMPANY (name of Surety) P.O. BOX 240111 SEATTLE, WA 98124-9611 (address of Surety) (206) 587-2064 (telephone number of Surety) \S (signature of Attorney-in-Fact) JOANNE REINKENSMEYER (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney oRevised 06/10/2005 4:40 PM Contract No. 3557-1 Page 39 of 120 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of County of On &\2&) Ob brforeme DATE personally appeared 1 ) ME, TITLE OF O P 1 FFICER -E.G.. "JANE DOE, NOTARY PUBLIC" NAM£(6)OFSIGNER(S) personally known to me - OR - CH proved to me on tnejsasis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and %\**%\lipl</'///» acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person{s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL 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 D INDIVIDUAL D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT TTTLE(S) PARTNER(S)n U I] ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: LIMITED GENERAL NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENnTY(!ES) DATE OF DOCUMENT SIGNER{S) OTHER THAN NAMED ABOVE S-40S7/GEEF2/flB © 1GB3 NATIONAL NOTARY ASSOCIATION • B236 Rammal Ave., P.O. Box 7184 • Canoga Park, CA 81309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5B07 State of Washington County of Pierce On 02/22/2006 before me, DATE personally appeared FICER - E.G., "JANE DOE, NOTARY PUBLIC" personally known to me - OR - [~1 proved vX\H»»"»'//,, r,«f Afcrai*, $• ? NAME(5) OF SIC to me on the basis otaatisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. •ARY OPTIONAL- 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 INDIVIDUAL CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT PARTNER(S)B LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES February 4 2004 SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/9S 01993 NATIONAL NOTARY ASSOCIATION • 6238 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 81309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of Washington County of Pierce On 02/22/2006 before me. Stacy J. Cutbirth DATE NAME, TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC" personally appeared Joanne Reinkensmeyer NAME(S)OFSIGNER(S) personally known to me - OR - [~1 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my harra^nd official seal. OPTIONAL- 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 D INDIVIDUAL D CORPORATE OFFICER Tm.E(S) D PARTNER(S) n LIMITED U GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES February 4 2004 SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF2/aa 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmel Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Kip W Vandeventer, Kellie Hogan, Peter J Comfort, Karen Swanson, Stacy Cutbirth, Lisa Kerstetter, Joanne Reinkensmeyer, Brent E Heilesen, Lu Ann Unrue, Anne E Strieby, Eric A Zimmerman, Kristine Lawrence, James B Binder, Individually of Tacoma, WA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 13th day of July, 2005. WESTERN SURETY COMPANY Paul ^Bruflat, Senior Vice President State of South Dakota County of Minnehaha On this 13th day of July, 200S, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. +SSSSSMy commission expires j D. KRELL f November 30, 2006 NOTAmr PUBUC - CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation jirinted on the reverse hereof is still in force. In testimony whejtfof 1 have hereunto subscribed my name and affixed the seal of the said corporation mis &&/7t* day of f-tf&r&C&SZI ^S&P .c» WESTERN SURETY COMPANY • L. Nelson, Assistant Secretary Form F4280-01-02 O)/ Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. FAITHFUL PERFORMANCE/WARRANTY BOND BOND NO. 929384988 WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2006-020, Adopted FEBRUARY 7, 2006, has awarded to KLM CONSTRUCTION (hereinafter designated as the "Principal"), a Contract for: CARLSBAD BOULEVARD OH BRIDGE RETROFIT Contract No. 3557-1 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE KLM CONSTRUCTION as Principal, (hereinafter designated as the "Contractor"), and WESTERN SURETY COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of NINE HUNDRED THOUSAND EIGHTY Dollars ($900,080), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 02/14/2006 11:59 AM Contract No. 3557-1 Page 40 of 120 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 22M) day Of FEBRUARY 2Q 06. CONTRACTOR: Kim (name of Contractor) (Title and Organization of Signatory) By: . (print name herejj Executed by SURETY this 22ND day of FEBRUARY , 20 °6 SURETY: WESTERN SURETY COMPANY (name of Surety) P.O.BOX 240111 SEATTLE.WA 98124-9611 (address of Surety) (206) 587-2064 (telephone number of Surety) (signature of Attomey-in-Fact) JOANNE REINKENSMEYER (printed name of Attomey-in-Fact) (Attach corporate resolution showing current power of attorney.) _ (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 41 of 120 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO. State of County of On ^ ._ . . . . ^~* ' NAME. TITLElOF OFFICER- E.G.. "JANE DOE, NOTARY PUBLIC" personally appeared 1^/1)0 l£ /VXV/ Will* ) OF SIGNERS) personally known to me - OR - [H proved to me on ti^ejbasis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. IGNATURE OF NOTARY OPTIONAL- 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 E] INDIVIDUAL D CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) D LIMITED U GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR NUMBER OF PAGES OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S) OR ENTrTY{IES) SIGNER(S) OTHER THAN NAMED ABOVE S-40B7/GEEF 2fflB © 1BB3 NATIONAL NOTARY ASSOCIATION • BZ36 Rammel Ava., P.O. Box 7184 • Canoga Park, CA 913DG-71S4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5S07 State of Washington County of pierce On 02/22/2006 before me, DATE personally appeared _ FICER - E.G., "JANE DOE. NOTARY PUBLIC" personally known to me - OR - ^V!11,"""/, NAME(S)OFSIGNER(S) [~1 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGI IRE OF NOTARY OPTIONAL- 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 D INDIVIDUAL D CORPORATE OFFICER TIUE(S) D PARTNER(S) P LIMITED LJ GENERAL ATTORNEY-IN-FACT TRUSTEE(S) __ GUARDIAN/CONSERVATOR ID OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES February 4 2004 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4087K3EEF 2/98 61993 NATIONAL NOTARY ASSOCIATION • BZ3B Remmet Ave., P.O. Box 7184 • Canoga Paik, CA 91309-71M CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5807 State of Washington County of Pierce On 02/22/2006 before me, Stacy J. Cutbirth DATE NAME, TITLE OF OFFICER - E.G., "4ANE DOE. NOTARY PUBLIC" personally appeared Joanne Reinkensmeyer NAME(S) OF SIGNER(S) personally known to me - OR - [~~1 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand jnd official-seal. -^0 OPTIONAL- 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 INDIVIDUAL CORPORATE OFFICER TITLE(S) D PARTNER(S) Q LIMITED D GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES February 4 2004 SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTTTY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-40B7/GEEF 2/98 e 1993 NATIONAL NOTARY ASSOCIATION • B23B Remmel Ave., P.O. Box 71B4 • Cannga Park, CA 91309-7184 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Kip W Vandeventer, Kellie Hogan, Peter J Comfort, Karen Swanson, Stacy Cutbirth, Lisa Kerstetter, Joanne Reinkensmeyer, Brent E Heilesen, Lu Ann Unrue, Anne E Strieby, Eric A Zimmerman, Kristine Lawrence, James B Binder, Individually of Tacoma, W A, its true and lawful Attorney(s>in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 13th day of July, 200S. WESTERN SURETY COMPANY Paul * Bruflat, Senior Vice President State of South Dakota County of Minnehaha On this 13th day of July, 2005, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires November 30,2006 +HHSH1t D. KRELL NOTARY PUBLIC/ SOUTH DAKOTAV CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this &£&%*—' day of /^^ff^r^^fl , y&&£* ._^ WESTERN SURETY COMPANY Form F4280-01-02 . Nelson, Assistant Secretary OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is , hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for Carlsbad BOULEVARD OH BRIDGE Retrofit, Contract No. 3557-1 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 City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 42 of 120 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 City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 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: Title FINANCE DIRECTOR Name Signature Address _ For Contractor: Title Name Signature Address _ For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 43 of 120 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City:Title Name Signature Address MAYOR For Contractor:Title Name Signature Address For Escrow Agent:Title Name Signature Address Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 44 of 120 Pages NON-LOBBYING 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: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the under- signed, 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 agree- ment, 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 Mem- ber 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 confor- mance 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, Title 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. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 45 of 120 Pages L0gg>yi (M (b DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action:2. Status of Federal Action: 3. Report Type: a rnntrarf b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity a hiH/nffpr/annliratinn b. initial award c. post-award a initial b. material change For Material Change Only: year quarter Prime | | Subawardee Tier , if known 6. Congressional District, if known Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, Ml) date of last report 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, Ml) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) $ Fj actual | | planned 12. Form of Payment (check all that apply): a. cash b. in-kind; specify: nature value •orm B 13. Type of Payment (check all that apply) a. retainer b. one-time fee c. commission d. contingent fee e deferred f. other, specify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes [~| No [~| 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature:, Print Name: Title: Telephone No.:_Date: Federal Use Only: Authorized for Local Reproduction Standard Form - LLL Standard Form LLL Rev. 09-12-97 Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 46 of 120 Pages INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, 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 applyfor both the initial filing and material change report. Refer to the implementing guidance published bythe 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 follow-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 entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congres- sional District if known. Check the appropriate classification of the reporting entity that desig- nates 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 Transporta- tion, 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, coop- erative agreements, loans and loan commitments. 8. 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 bythe Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment bythe 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 entity engaged bythe 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). Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 47 of 120 Pages 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 officers) 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. 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. SF-LLUnstructions Rev. 06-04-90«ENDIF» Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 48 of 120 Pages Accompanying this proposal is_ (NOTICE: INSERT THE WORDS "CASH($ ;," "CASHIER'S CHECK," "CERTIFIED CHECK," OR "BIDDER'S BOND," AS THE CASE MAYBE.) in amount equal to at least ten percent of the total of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.tarn Licensed in conformance with an act providing for the registration of Contractors, License No. C\<y~ TUOC) Classification(s) T\ ADDENDA - This Proposal is submitted with respect to the changes to the contract included in addenda number/s \.cA (Fill in addenda numbers ifyddenda have been received and insert, in this Proposal, any Engineer's Estimate sheets that were received as part of the addenda.) 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). By my signature on this proposal I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct. Date: Here Signature and Title of Bidder Business Address I Oil filST" IfTkuO ,i" yykPlace of Business Place of Residence Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 49 of 120 Pages City of Carlsbad Public Works November 21,2005 ADDENDUM NO. 1 RE: CARLSBAD BOULEVARD OH BRIDGE RETROFIT BID NO. PWS06-15ENG, CONTRACT NO. 3557-1 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Buyer KD:rh Attachment ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Signature 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (76O) 6O2-273O • FAX (760) 602-8562 CITY OF CARLSBAD 'Carlsbad Boulevard OH Bridge Retrofit, Bridge # 57C-0134" CONTRACT NO. 3557-1 BID NO. PWS06-15ENG ADDENDUM NO. 1 The City of Carlsbad issues this Addendum No. 1 to the Contract Documents for the Carlsbad Boulevard OH Bridge Retrofit, Bridge # 57C-0134, Contract No. 3557-1, Bid No. PWS06- 15ENG. The addendum consists of revised Supplemental Provisions, Part 1 General Provision sections this notice and a cover sheet. Supplemental Provisions, Part 1 General Provisions: 1) To Page 86, Section 10-2.06, Prompt Progress Payment to Subcontractors, of the Supplemental General Provisions, replace section with a new Section 10-2.06, Prompt Progress Payment to Subcontractors see attached page 86. 2) To Page 86, Section 10-2.07, Prompt Payment of Withheld Funds to Subcontractors, of the Supplemental General Provisions, replace section with a new Section 10-2.07, Prompt Payment of Withheld Funds to Subcontractors, see attached page 86. The requirement in Section 10-1.02, "Disadvantaged Business Enterprise (DBE)," of these supplemental provisions that DBEs must be certified on the date bids are opened does not apply to DBE substitutions after award of the contract. 10-2.06 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS A prime contractor or subcontractor shall pay to any subcontractor not later 10 days of receipt of each progress payment in accordance with the provisions in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies of that Section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise, available to the contractor or subcontractor in the event of a dispute involving late payment, or nonpayment by the contractor, or deficient subcontractor performance, or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. 10-2.07 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all moneys withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise, available to the prime contractor or subcontractor in the event of a dispute involving late payment, or nonpayment by the contractor, or deficient subcontractor's performance, or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. 10-3 AWARD AND EXECUTION OF CONTRACT The bidder's attention id directed to the provisions is Section 2-1, "Award and Execution of Contract", of the Standard Specifications and these supplemental provisions for the requirements and conditions concerning award and execution of contract. 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 of Carlsbad, adequate good faith efforts to do so. Meeting the goal for DBE participation or demonstrating to the satisfaction of the City of Carlsbad, adequate good faith efforts to do so is a condition of being eligible for award of contract. SECTION 13 - RAILROAD Add the following section: 13-1 RAIL OPERATIONS All work within railroad right-of-way shall be performed in accordance with the following NCTD rules: 1 . General Code of Operating Rules. 2. Safety and General Rules for All Employees. 3. Rules and Instructions for Maintenance-of-Way Structures. 4. Regulations Governing Contractors and Others Working on SDNR Property. Contractor employees are prohibited from positioning themselves, placing material, or positioning machinery on the railroad right of way, unless under control of NCTD railroad flagman at each work location. Flagging shall be coordinated through the North County Transit District Flagman Supervisor: Jim Cunningham (760) 966-6538 (phone) (760) 754-0644 (fax) Addendum No. 1 Contract No. 3557-1 Page 86 of 120 Pages City of Carlsbad Public Works November 29, 2005 ADDENDUM NO. 2 RE: CARLSBAD BOULEVARD OH BRIDGE RETROFIT BID NO. PWS06-15ENG, CONTRACT NO. 3557-1 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Buyer KD:rh Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 1635 Faraday Avenue • Carlsbad, CA 92OO8-7314 • (76O) 602-273O • FAX (760) 602-8562 CITY OF CARLSBAD "Carlsbad Boulevard OH Bridge Retrofit, Bridge # 57C-0134" CONTRACT NO. 3557-1 BID NO. PWS06-15ENG ADDENDUM NO. 2 The City of Carlsbad issues this Addendum No. 2 to the Contract Documents for the Carlsbad Boulevard OH Bridge Retrofit, Bridge # 57C-0134, Contract No. 3557-1, Bid No. PWS06- 15ENG. The addendum consists of revised Contractor's Proposal pages this notice and a cover sheet. In conjunction with this Addendum No. 2 the deadline for submission of bids has been postponed. Bids will now be accepted until 4:00 pm on December 14, 2005. Contractor's Proposal: 1) To Contractor's Proposal page 10 - Format page 10 to include bid item A-5. Use revised Contractor's Propsal page 10 attached. 2) To Contractor's Proposal item No. A-12 - Core 2" Dia Hole, change the approximate quantity from 800 LF to 304 LF. Use the revised Contractor's Proposal page 11 attached. 3) To Contractor's Proposal item No. A-13 - Core 9 5/8" Dia Hole, change the approximate quantity from 304 LF to 13 LF. Use the revised Contractor's Proposal page 11 attached. 4) To Contractor's Proposal add item No. A-17 - Drill and Bond Dowel. Use the revised Contractor's Proposal page 12 attached. CITY OF CARLSBAD CONTRACT NO. 3557-1 CARLSBAD BOULEVARD OH BRIDGE RETROFIT 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. 3557-1 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: SCHEDULE "A" BRIDGE IMPROVEMENTS Item No. A-1 Description Mobilization at Dollars (Lump Sum) A-2 Traffic Control Dollars (Lump Sum) A-3 Class A Field Office at Approximate Quantity and Unit LS Per month A-4 Erosion and Water Pollution Control LS LS Unit Price Total $ $ Months $ $ $ $ Dollars (Lump Sum) A-5 Structure Excavation (Bridge)1025CY $ Dollars (F) per CY oAddendum No. 2 Contract No. 3557-1 Page 10 of 120 Pages Approximate Item Quantity Unit No. Description and Unit Price Total A-6 Structure Backfill (Bridge) 633 CY $ $ Dollars (F) per CY A-7 Structural Concrete, Bridge 380 CY $_ Dollars (F) per CY A-8 Structural Concrete, Bridge 143CY $_ Footing A-9 A-10 A-11 A-12 A-13 A-14 Dollars (F) per CY Bar Reinforcing Steel (Bridge) Dollars (F) per LB Miscellaneous Metal (Bridge) Dollars (F) per LB Bridge Removal Dollars (Lump Sum) Core 2" Dia Hole Dollars (F) per LF Core 9 5/8" Dia Hole Dollars (F) per LF Remove Unsound Concrete 101.000LB $ 4,200 LB $ LS $ 304 LF $ 13 LF $ LS $ Dollars (Lump Sum) $ $_ $ $ Addendum No. 2 Contract No. 3557-1 Page 11 of 120 Pages Approximate Item Quantity Unit No. Description and Unit Price Total A-15 Roadway Excavation 756 CY $ $ Dollars (F) per CY A-16 Structural Concrete, 343 SF $ $_ Retaining Wall Dollars (F) per SF A-17 Drill and Bond Dowel 800 LF $ $ Dollars (F) per LF Note: Items with a designation (F) are considered final pay items per section 9-1.015 of the Caltrans Standard Specifications. Total amount of bid in words for Schedule "A": Total amount of bid in numbers for Schedule "A": $ Price(s) given above are firm for 90 days after date of bid 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. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number , classification which expires on , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104. The Undersigned bidder hereby represents as follows: i Addendum No. 2 Contract No. 3557-1 Page 12 of 120 Pages SUPPLEMENTAL PROVISIONS FOR CARLSBAD BOULEVARD OH BRIDGE RETROFIT CONTRACT NO. 3557-1 CITY OF CARLSBAD SUPPLEMENTAL PROVISIONS TO "GREENBOOK" STANDARD SPECIFICATIONS for PUBLIC WORKS CONSTRUCTION 2003 EDITION PART1, GENERAL PROVISIONS SECTION 1 -TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1 -1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. Revised 02/14/2006 11:27 AM Contract No. 3557-1 Page 50 of 120 Pages 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency - the City of Carlsbad, California. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. 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 City Engineer 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 or employee of the Agency or a public utility. Deputy City Engineer, Construction Management & Inspection - The Construction Manager's immediate supervisor and third level of appeal for informal dispute resolution. Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Construction Manager- the Project Inspector's immediate supervisor and second level of appeal for informal dispute resolution. 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts Apartment and Apartments Bldg Building and Buildings CMWD Carlsbad Municipal Water District Revised 02/14/2006 11:26 AM Contract No. 3557-1 Page 51 of 120 Pages CSSD Carlsbad Supplemental Standard Drawings cfs Cubic Feet per Second Comm •••• Commercial DR Dimension Ratio Abbreviation (Continued) Word or Words (Continued) E Electric G Gas gal Gallon and Gallons Gar Garage and Garages GNV Ground Not Visible gpm gallons per minute IE Invert Elevation LWD Leucadia Wastewater District MSL Mean Sea Level (see Regional Standard Drawing M-12) MTBM Microtunneling Boring Machine NCTD North County Transit District OHE Overhead Electric OMWD Olivenhain Municipal Water District ROW Right-of-Way S Sewer or Slope, as applicable SDNR San Diego Northern Railway SDRSD San Diego Regional Standard Drawings SFM Sewer Force Main T Telephone UE Underground Electric W , Water, Wider or Width, as applicable VWD Vallecitos Water District 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 deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BONDS. Modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570,". Modify paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers a sum not less than one hundred percent of the total amount payable by the terms of this contract. 0Revised 02/14/2006 11:26 AM Contract No. 3557-1 Page 52 of 120 Pages Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. ^^ The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked 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. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. Add the following: The specifications for the work include the Standard Specificationd^P for Public Works Construction, (SSPWC), 2003 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. 416-3 and consists of 10 sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. 2-5.2 Precedence of Contract Document. Modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Supplemental Provisions. 3) Plans. Revised 02/14/2006 11:28 AM Contract No. 3557-1 Page 53 of 120 Pages 4) Standard Plans. a) City of Carlsbad Supplemental Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 5) Standard Specifications for Public Works Construction. 6) State of California, Department of Transportation, (CALTRANS), Standard Specifications. 7) Reference Specifications. 8) Manufacturer's Installation Recommendations. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. 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 Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section numbers) 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, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 54 of 120 Pages "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in allocated spaces, and is submitted for approval." By: Title: Date: Company Name: Add the following section: 2-5.4 Record Drawings. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefor. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 55 of 120 Pages 2-9 SURVEYING 2-9.1 Permanent Survey Markers, delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. Delete sections 2-9.2 and replace with the following: The Contractor shall hire and pay for the services of a Surveyor, hereinafter the Surveyor is to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. Add the following section: 2-9.2.3 Payment for Survey. Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.3 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or comer records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 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 Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 56 of 120 Pages Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However^^ any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor'g^P 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. SECTION 3 -- CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices. Add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK. 3-3.2.2 (c)Tool and Equipment Rental. Second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. 3-3.2.3 Markup. Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures ..15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. Add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 57 of 120 Pages 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 58 of 120 Pages 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 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 additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a) (1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 59 of 120 Pages 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or re- quested 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 Title 1 of the Government Code. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 60 of 120 Pages 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Proce- dure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators ap- pointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code ol Civil Procedure, any party who after receiving an arbitration award requests a trial de novo bur does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as 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. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General. Add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter4, Construction Safety Orders and such Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 61 of 120 Pages other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials. Delete the phrase, "and a reasonable amount of retesting", from the third sentence of the first paragraph. Add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals. Add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to theAgency. Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shalf provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 62 of 120 Pages SECTION 5 - UTILITIES 5-1 LOCATION. Delete the first paragraph and substitute the following: The Agency and utility companies have, by a search of known records, endeavored to locate and indicate on the Plans all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. 5-6 COOPERATION. Add the following: The contractor should expect to coordinate with the following utility companies: • SDG&E. The contractor shall protect in place the existing 4" diameter high pressure gas line attached to the Western side of the bridge. • SoCal Gas Company. The contractor shall protect in place the existing high pressure gas transmission main located just south of Bent 2 prior to the commencement of work. The existing plans show the pipe as being offset 35 ft south of the NCTD Mainline Track. The existing elevation of the top of pipe is 34.06± near the abutment and varies with the existing site topog- raphy. The following are requirements of The Gas Company: 1. Consideration must be given to the safety of the pipeline during construction. 2. No mechanical equipment will be permitted to operate within three feet of the pipeline, and any closer work must be done by hand. 3. A representative of The Gas Company must observe the excavation around near the facility to insure protection and to record pertinent data necessary for operations. Upon request, at least two working days prior to construction, The Gas Company will locate and markout the gas main for the contractor at no cost. Call Underground Service Alert (USA) at (800) 422-4133. Arrangements for someone to stand by and observe shall be made by calling (714) 634-3196 two working days prior to the start of construction. • NCTD. The contractor shall coordinate with NCTD for railroad utility callouts. Refer to Section 7-7 and Appendix C of these Supplemental Provisions for details. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 15 calendar days after receipt of the "Notice to Proceed". Add the following section: Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 63 of 120 Pages 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, 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 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Add the following section: 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media. Add the following section: 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. Add the following section: 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. Add the following section: 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. Add the following section: 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Add the following section: 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 2000 compatible "Suretrak" program by Primavera or "Project" program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a CD-ROM data disk with all network information contained thereon, in a format readable by a Microsoft Windows 2000 system. The Agency will use a "Suretrak", "Project" or equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than the "Suretrak" program by Primavera or "Project" program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 64 of 120 Pages fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to Engineer for approval five working days before the start of the on-site training. The on-site training be completed prior to the submittel of the first Baseline Construction Schedule. Add the following section: 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. Add the following section: 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. Add the following section: 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. Add the following section: 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per section 6-4. Add the following section: 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. Add the following section: 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 65 of 120 Pages Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per sections 6-1.2.10.1 through 6-1.2.10.3. Add the following section: 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1. Add the following section: 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per section 6-1.8.1. Add the following section: 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. Add the following section: 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media per the submittal requirements of section 2-5.3 and will include each item and element of sections 6-1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7. Add the following section: 6-1.4 Measurement And Payment Of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefor. 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 retrofitting Carlsbad Boulevard OH Bridge. The Contractor shall be limited to the Construction activities and work as required by the resource agency permits. The contractor is directed to Section 7-5.1 and Section 7-7 of these Special Provisions. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 66 of 120 Pages Add the following section: 6-2.3 Project Meetings. Progress meetings shall be held by the Engineer at the dates and scheduled at the preconstruction meetings unless changes are agreed to by all parties and appropriat notification of such changes has been given. Each Project Meeting shall be attended by the Contractor's Representative. The Project Representative shall be the individual determined under section 7-6, "The Contractor's Representative", SSPWC. No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 60 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through 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. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 67 of 120 Pages 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of $1000. Execution of the Contract shall constitute agreement by the Agency and Contractor that $1000. per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted arid 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. Add the following: Refer to Appendix 'C', "Guidelines for Projects on or Adjacent to Railroad Right-of- Way", for Railroad insurance requirements. 7-4 WORKERS1 COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. Add the following: Refer to Appendix 'C', "Guidelines for Projects on or Adjacent to Railroad Right-of- Way", for Railroad insurance requirements. 7-5 PERMITS. Delete the first sentence and add the following: Except as specified herein the Contractor will obtain, at no cost to the Agency, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), or other rights-of-way. A Right of Entry permit will be required to be obtained and paid for by the Contractor for work within the NCTD right of way per section 7.5.2 of these supplemental provisions. Refer to Appendix 'C', "Guidelines for Projects on or Adjacent to Railroad Right-of-Way", for further explanation. 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 therefor. Add the following section: 7-5.1 Resource Agency Permits. This project has received a Categorical Exemption/Exclusion for a Seismic Safety Retrofit Project. A copy of this documentation is included in Appendix 'A' of these supplemental provisions. Add the following section: 7-5.2 Relations with the Railroad. Add the following section: 7-5.2.1 General. The Contractor shall cooperate with the North County Transit District (NCTD), the Burlington Northern and Santa Fe Railway (BNSF) and the National Railway Passenger Corporation (AMTRAK), herein after collectively referred to as Railroad. It is understood the Railroad shall have absolute authority and right to cause the Contractor's work on the Railroad Property to cease. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 68 of 1 20 Pages Add the following section: 7-5.2.2 Right of Entry Permit. It shall be the responsibility of the Contractor to obtain a "Right of Entry" Permit from the North County Transit District Board, (The Board), prior to the commencement of any work. The cost of the Permit, unless exceptional in nature, is $500. A Sample Permit is included i Appendix 'A' of these supplemental provisions. All fees and costs associated with obtaining complying with the terms of this permit, including but not limited to engineering review, submittal review, railway flaggers and construction inspection, shall be the responsibility of the Contractor, and no other payment will be allowed, except as specified herein. All fees and costs associated with obtaining and complying with the terms of the Right of Entry permit shall be the responsibility of the Contractor. Contractor shall be required to make a $50,000 (fifty- thousand dollars) deposit to NCTD. The deposit to NCTD will be required prior to issuance of the Right of Entry permit. Any portion of the deposit remaining after acceptance of the contract by the City will be returned to the Contractor. Payment to the Contractor for all costs associated with obtaining and complying with the Right of Entry permit shall be considered as included in various items of work and no additional compensation will be allowed therefor. The Contractor after receipt of the Right of Entry Permit approved by the Board shall furnish the Engineer with two copies of the executed Right of Entry permit. Refer to Appendix 'C', "Guidelines for Projects on or Adjacent to Railroad Right-of-Way", for additional explanation and requirements. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: RAIL OPERATIONS All work within railroad right-of-way shall be performed in accordance with the following NCTD rules: 1. General Code of Operating Rules. 2. Safety and General Rules for All Employees. 3. Rules and Instructions for Maintenance-of-Way and Structures. 4. Regulations Governing Contractors and Others Working on SDNR Property. Contractor employees are prohibited from positioning themselves, placing material, or positioning machinery on the railroad right of way, unless under control of NCTD railroad flagman at each work location. Flagging shall be coordinated through the North County Transit District Flagman Supervisor: Jim Cunningham (760) 966-6538 (phone) (760) 754-0644 (fax) Flagman shall be in direct visual or audio contact with the personnel and equipment being protected. If work is spread out over a section of track and a single flagman cannot contact all personnel and equipment, provide additional flagmen as required. Within 2 days of notice-to-proceed the Contractor shall submit a written request to the Engineer indicating the proposed dates and times and number of flagmen required. Additions and changes to the number of flagman required shall be submitted to the Engineer and Flagman Supervisor 48 hours i advance. On site work shall not begin until the proposed schedule has been accepted. Cost of the Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 69 of 120 Pages person shall be borne by the Contractor. The estimated cost of flag protection is $78 per hour with a four hour minimum per flagman. The requirements of Regulations Governing Contractors and Others Working on NCTD Property are applicable to this Contract. All employees of the Contractor, subcontractor, and suppliers that perform work or deliver material to the site shall be made aware of the contents of this Section. They shall have taken and passed a Roadway Worker Training Course in accordance with 49 CRF, Part 214C and NCTD regulations. This information shall be part of each subcontract and be communicated to all concerned parties in writing at the initiation of the project and reinforced by posted regulations maintained on the site. Any work affecting the Railway Operating Signal System will require the presence of an NCTD Signal Maintainer at all times. The expense for the signal maintainer will be borne by Contractor. Within 2 days of notice-to-proceed submit written request to the Engineer indicating the proposed dates when the Railway Operating Signal System will be affected. The Contractor is required to conduct operations in a manner that will not obstruct or interfere in any way with rail traffic and shall be aware of the passenger train schedules and freight train operations through the site. The Contractor shall also be aware of the work restrictions when trains are passing through the site and plan work activities accordingly. The railroad flagperson shall utilize Form B Protection for the project. The contractor shall be required to clear any live track when any train is within two miles of the worksite. All workers, equipment and materials shall be cleared from the track and all equipment shall be held at idle until the train has passed and the flagperson has authorized the resumption of work. The minimum clearance distance for workers, material, and equipment shall be at the discretion of the flag person. An absolute window may be scheduled for portions of the work: An absolute window is a scheduled time period in which all train traffic on a defined section of track is annulled. No more than three consecutive absolute windows may be scheduled. No more than five absolute windows may be scheduled per week. The contractor shall make all absolute window requests to the Engineer at least 3 weeks in advance. This advance notice is no guarantee that absolute windows may be scheduled on the dates requested. Absolute windows shall only be granted if operating conditions at the time requested allow for such. The contractor shall mobilize on the site a sufficient time in advance of the start time of the absolute window such that the activities that require fouling of the track are started concurrent with the beginning of the absolute window. Refer to Appendix 'C', "Guidelines for Projects on or Adjacent to Railroad Right-of-Way", for additional explanation and requirements. 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 therefor. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 70 of 120 Pages appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.6 Water Pollution Control. Add the following: Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements found in Section 300-9 of these Supplemental Provisions. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. Add the following: Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and other number shall be a 24 hour number answered by someone who is knowledgeable about project. At least one of the phone .numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re- posted 48 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 71 of 120 Pages 7-10.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following : 1) The Engineer (760)602-2720 2) Carlsbad Fire Department Dispatch (760) 931-2197 3) Carlsbad Police Department Dispatch (760) 931-2197 4) Carlsbad Traffic Signals Maintenance (760) 438-2980 X-2937 5) Carlsbad Traffic Signals Operations..... (760)602-2752 6) North County Transit District (760)967-2828 7) Waste Management (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the CALTRANS 'Traffic Manual", 1996 edition and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206- 7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214- 5.Let seq. All temporary reflective channelizers shall conform to the provisions of section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 210-1.6for materials and section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the travelling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 72 of 120 Pages are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the travelling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions i section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 180 mm (7") long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 1.8 m (6') of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 7.6 m (25') intervals to a point not less than 7.6 m (25') past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign- post or flag tree shall be placed where directed by the Engineer. Add the following section: 7-10.3.2 Maintaining Traffic. During the entire construction, a minimum of one paved traffic lane, not less than 3.6m (12') wide, shall be open for use by public traffic in each direction of travel except as shown on the plans or as provided for below. Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS "Traffic Manual", 1996 (Revision 2) edition and provisions under "Maintaining Traffic" elsewhere in these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. Add the following section: 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. Add the following section: 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in Chapter 5 of the "Traffic Manual", 1996 (Revision 2) edition published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centeriine pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to the alignment of the temporary pavement delineation shall be removed by grinding. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 73 of 120 Pages Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. Add the following section: 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the travelled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20 working day review period specified in section 2- 5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the travelled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and Chapter 5 of the "Traffic Manual", 1996 as published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals. Add the following section: 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 74 of 120 Pages and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefor. Traffic control flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will made therefor. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. Add the following section: 7-10.4.5 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 the 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 galvanized and painted after fabrication and shall be easily removed to permit inspection, removal and repair of the moving parts. Add the following section: 7-10.4.6 Fire Control. Fire danger shall be minimized at and near the construction site. Protect surrounding private property from fire damage resulting from construction operations. Add the following section: 7-10.4.7 Responsibility For Job Site Conditions. Contractor agrees that he shall assume sole and complete responsibility 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's sole responsibility to protect the safety of employees from construction-related conditions 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. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 75 of 120 Pages SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-2 FIELD OFFICE FACILITIES. Add the following: Contractor shall furnish the Engineer a "Class A" Field Office. The field office shall be for the exclusive use of the Engineer and such other individuals that the Engineer may designate. The field office shall be a separate structure from any other office facility. The Contractor shall maintain the field office throughout the entire duration of the contract unless the Engineer shall otherwise direct. 8-2.1 Class "A" Field Office. Add the following: Additionally the "Class A" Field Office shall be provided with: one (1) additional standard 1.5 m (51) double pedestal desk with two chairs, one (1) electrostatic copier and supplies, copier shall be Xerox Model Document Centre 545, or equal, one (1) FAX machine, Canon Model Faxphone B640 Bubble Jet Facsimile, or equal, one (1) refrigerator, one (1) microwave oven, and one (1) additional plan rack shall be provided. Water cooler to have hot and chilled water. The integral sanitary facilities may be separate enclosed toilets per Section 7-8.4. Furnishings are subject to agency approval. The field office shall be located at a site satisfactory to the Engineer and within or immediately adjacent to the limits of work. Access and three parking spaces for the exclusive use of the Engineer and his/her designees that are convenient and satisfactory to the Engineer shall be provided by the Contractor. The field office shall have a 600 mm by 900 mm (24" by 36") sign affixed near the entry door. The sign text shall be proportioned as shown below. The Contractor shall affix a City seal to the sign in a centered location. The City seal will be supplied by the Engineer. CITY OF CARLSBAD ENGINEERING INSPECTION 8-6 BASIS OF PAYMENT. Add the following: Payment for field office will be made at the monthly price bid and will include full compensation for installing and removing the field office, relocating it as may be necessary to facilitate the project, obtaining all permits, property rental, providing utilities including, but not limited to, high speed internet service, electrical, telephone, potable water and sanitary facilities, and maintenance. The monthly rate will be paid for each full calendar month throughout the duration of the contract that the field office, complete with all facilities and utilities, is available to the Engineer and on the project excepting when the Engineer has ordered that the field office be removed from the project SECTION 9 - MEASUREMENT and PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 76 of 120 Pages 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods not be affected by any payment but shall commence on the date of recordation of the "Notice Completion" 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for payment for the disputed items. Revised 06/1 0/2005 4:40 PM Contract No. 3557-1 Page 77 of 1 20 Pages 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the will not be included in the progress estimate. Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be made at the stipulated lump-sum price bid therefor in the bid schedule 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), forty percent (40%) of the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefor. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 78 of 120 Pages SECTION 10 -ADDITIONAL PROVISIONS FOR FEDERAL-AID CONSTRUCTION PROJECTS SECTION 10-1. PROPOSAL REQUIREMENTS AND CONDITIONS 10-1.01 GENERAL The bidder's attention is directed to 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. In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Noncollusion Affidavit. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance. 10-1.015-FEDERAL LOBBYING RESTRICTIONS. Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier sub-recipient 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. Atl 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 officers), employees(s), or Members) contacted to influence or attempt to influence a covered Federal Action. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 79 of 120 Pages 10-1.02 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 Department's Disadvantaged Business Enterprise (DBE) program developed pursuant to the Regulations; particular attention is directed to the following matters: A. 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; B. 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; C. 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 feith efforts to meet the goal. D. 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; E. 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; F. DBEs must be certified by either the California Department of Transportation, or by a participat- ing 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 Department's 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 95815, Telephone: (916)445-3520; 2. The Department's Electronic Information Bulletin Board Service, which is accessible by modem and is updated weekly. The Bulletin Board may be accessed by first contacting the Department's Business Enterprise Program at Telephone: (916) 227-8937 and obtaining a user identification and password; 3. The Department's web site at http://www.dot.ca.gov/hq/bep/index.htm; Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 80 of 120 Pages G. 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 that operates or maintains a factory or establishment that produces, on the premises, materials, supplies, articles, or equipment required under the contract and of the general char- acter described by the specifications. 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 specifica- tions 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 . 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; 2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract; 3. 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; 4. 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; 5. 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 pro- vided by a DBE; 6. 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 Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 81 of 120 Pages 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; J. Bidders are encouraged to use services offered by financial institutions owned and controlled by DBEs. 10-1.02A DBE GOAL FOR THIS PROJECT The City of Carlsbad has established the following goal for Disadvantaged Business Enterprise (DBE) participation for this project: Disadvantaged Business Enterprise (DBE): 8.3 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://www.dot.ca.gov/hq/bep to verify the current availability of this service. 10-1.028 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 address 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 eligibility 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. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 82 of 120 Pages 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 committed to performing with its own forces as well as the work that it has committed to be performe 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: 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, related assistance or services, excluding supplies and equipment the DBE subcontractor pur- chases 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. 10-2.01 BUY AMERICA REQUIREMENTS Attention is directed to the "Buy America11 requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041 (a) and 1048(a), and the regulations adopted pursuant thereto. In conformance with the law and regulations, all 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, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and other coatings that protect or enhance the value of 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 6-1.07, "Certificates of Compliance," of the Caltrans Standard Specifications shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall specifically certify that all manufacturing processes for the materials occurred in the United States, except for the above exceptions. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 83 of 120 Pages The requirements imposed by the law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of the materials used does not exceed one-tenth of one percent (0.1 percent) 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 the foreign steel and iron prior to incorporating the materials into the work. 10-2.02 SUBCONTRACTOR AND DBE RECORDS The Contractor shall maintain records showing the name and business address of each first-tier subcontractor. The records shall also show the name and business address of every DBE subcontractor, DBE vendor of materials and DBE trucking company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all of these firms. DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. Upon completion of the contract, a summary of these records shall be prepared on Form CEM-2402 (F) and certified correct by the Contractor or the Contractor's authorized representative, and shall be furnished to the Engineer. The form shall be furnished to the Engineer within 90 days from the date of contract acceptance. $10,000 will be withheld from payment until the Form CEM-2402 (F) is submitted. The amount will be returned to the Contractor when a satisfactory Form CEM-2402 (F) is submitted. Prior to the fifteenth of each month, the Contractor shall submit documentation to the Engineer showing the amount paid to DBE trucking companies. This monthly documentation shall indicate the portion of the revenue paid to DBE trucking companies. The Contractor shall also obtain and submit documentation to the Engineer showing the amount paid by DBE trucking companies to all firms, including owner-operators, for the leasing of trucks. 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 Contractor shall also obtain and submit documentation to the Engineer showing the truck number, owner's name, California Highway Patrol CA number, and if applicable, the DBE certification number of the owner of the truck for all trucks used during that month. This documentation shall be submitted on Form CEM-2404 (F). 10-2.03 DBE CERTIFICATION STATUS If a DBE subcontractor is decertified during the life of the project, the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the project, the subcontractor shall notify the Contractor in writing with the date of certification. The Contractor shall furnish the written documentation to the Engineer. Upon completion of the contract, Form CEM-2403 (F) indicating the DBE's existing certification status shall be signed and certified correct by the Contractor. The certified form shall be furnished to the Engineer within 90 days from the date of contract acceptance. 10-2.04 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS The DBEs listed by the Contractor in response to the provisions in Section 10-1.026, "Submission of DBE Information," of these supplemental provisions and Section 2-1, "Award and Execution of Contract," of the Standard Specifications, which are determined by the Engineer 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 use other forces or sources of materials may be requested for the following reasons: A. 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 Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 84 of 120 Pages and specifications for the project, or on the terms of such subcontractor's or supplier's written bid, is presented by the Contractor. B. The listed DBE becomes bankrupt or insolvent. C. The listed DBE fails or refuses to perform the subcontract or furnish the listed materials. D. 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. E. The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial conformance with the plans and specifications, or the subcontractor is substantially delaying or disrupting the progress of the work. F. 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. 10-2.05 SUBCONTRACTING Attention is directed to the provisions in Section 2-3, "Subcontracts," and Section 2-1, "Award and Execution of Contract," of the Standard Specifications, and Section 10, "Proposal Requirements," of these supplemental provisions. Pursuant to the provisions of Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at: http://www.dir.ca.gov/DLSE/Debar.html. The provisions in the second paragraph of Section 2-3.2, "Additional Responsibility," of the Standard Specifications, that the Contractor shall perform with the Contractor's own organization contract work amounting to not less than 50 percent of the original contract price, is not changed by the Federal Aid requirement specified under "Required Contract Provisions Federal-Aid Construction Contracts" in Section 14 of these special provisions that the Contractor perform not less than 30 percent of the original contract work with the Contractor's own organization. Each subcontract and any lower tier subcontract that may in turn be made shall include the "Required Contract Provisions Federal-Aid Construction Contracts" in Section 14 of these special provisions. This requirement shall be enforced as follows: A. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. In conformance with the Federal DBE regulations Sections 26.53(f)(1) and 26.53(fX2) Part 26, Title 49 CFR: A. The Contractor shall not terminate for convenience a DBE subcontractor listed in response to Section 10-1.026, "Submission of DBE Information," and then perform that work with its own forces, or those of an affiliate without the written consent of the Engineer, and B. If a DBE subcontractor is terminated or fails to complete its work for any reason, the Contractor will be required to make good faith efforts to substitute another DBE subcontractor for the original DBE subcontractor, to the extent needed to meet the contract goal. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 85 of 120 Pages The requirement in Section 10-1.02, "Disadvantaged Business Enterprise (DBE)," of these supplemental provisions that DBEs must be certified on the date bids are opened does not apply to DBE substitutions after award of the contract. 10-2.06 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS Attention is directed to the provisions in Sections 10262 and 10262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. 10-2.07 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS The Contractor shall return all moneys withheld in retention from the subcontractor within 30 days after receiving payment for work satisfactorily completed, even if the other contract work is not completed and has not been accepted in conformance with Section 6-8, "Completion, Acceptance, and Guarantee," of the Standard Specifications and these supplemental provisions. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or noncompliance by a subcontractor. 10-3 AWARD AND EXECUTION OF CONTRACT The bidder's attention id directed to the provisions is Section 2-1, "Award and Execution of Contract", of the Standard Specifications and these supplemental provisions for the requirements and conditions concerning award and execution of contract. 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 of Carlsbad, adequate good faith efforts to do so. Meeting the goal for DBE participation or demonstrating to the satisfaction of the City of Carlsbad, adequate good faith efforts to do so is a condition of being eligible for award of contract. SECTION 13 - RAILROAD Add the following section: 13-1 RAIL OPERATIONS All work within railroad right-of-way shall be performed in accordance with the following NCTD rules: 1 . General Code of Operating Rules. 2. Safety and General Rules for All Employees. 3. Rules and Instructions for Maintenance-of-Way and Structures. 4. Regulations Governing Contractors and Others Working on SDNR Property. Contractor employees are prohibited from positioning themselves, placing material, or positioning machinery on the railroad right of way, unless under control of NCTD railroad flagman at each work location. Flagging shall be coordinated through the North County Transit District Flagman Supervisor: Jim Cunningham (760) 966-6538 (phone) (760) 754-0644 (fax) Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 86 of 120 Pages Flagman shall be in direct visual or audio contact with the personnel and equipment being protected. If work is spread out over a section of track and a single flagman cannot contact all personnel and equipment, provide additional flagmen as required. Within 2 days of notice-to-proceed the Contractor shall submit a written request to the Engineer^P indicating the proposed dates and times and number of flagmen required. Additions and changes to the number of flagman required shall be submitted to the Engineer and Flagman Supervisor 48 hours in advance. On site work shall not begin until the proposed schedule has been accepted. Cost of the flag person shall be borne by the Contractor. The estimated cost of flag protection is $78 per hour with a four hour minimum per flagman. The requirements of Regulations Governing Contractors and Others Working on NCTD Property are applicable to this Contract. All employees of the Contractor, subcontractor, and suppliers that perform work or deliver material to the site shall be made aware of the contents of this Section. They shall have taken and passed a Roadway Worker Training Course in accordance with 49 CRF, Part 214C and NCTD regulations. This information shall be part of each subcontract and be communicated to all concerned parties in writing at the initiation of the project and reinforced by posted regulations maintained on the site. Any work affecting the Railway Operating Signal System will require the presence of an NCTD Signal Maintainer at all times. The expense for the signal maintainer will be borne by Contractor. Within 2 days of notice-to-proceed submit written request to the Engineer indicating the proposed dates when the Railway Operating Signal System will be affected. The Contractor is required to conduct operations in a manner that will not obstruct or interfere in any way with rail traffic and shall be aware of the passenger train schedules and freight train operations through the site. The Contractor shall also be aware of the work restrictions when trains are passing through the site and plan work activities accordingly The railroad flagperson shall utilize Form B Protection for the project. The contractor shall be required" to clear any live track when any train is within two miles of the worksite. All workers, equipment and materials shall be cleared from the track and all equipment shall be held at idle until the train has passed and the flagperson has authorized the resumption of work. The minimum clearance distance for workers, material, and equipment shall be at the discretion of the flag person. An absolute window may be scheduled for portions of the work: An absolute window is a scheduled time period in which all train traffic on a defined section of track is annulled. No more than three consecutive absolute windows may be scheduled. No more than five absolute windows may be scheduled per week. The contractor shall make all absolute window requests to the Engineer at least 3 weeks in advance. This advance notice is no guarantee that absolute windows may be scheduled on the dates requested. Absolute windows shall only be granted if operating conditions at the time requested allow for such. The contractor shall mobilize on the site a sufficient time in advance of the start time of the absolute window such that the activities that require fouling of the track are started poncurrent with the beginning of the absolute window. Refer to Appendix 'C', "Guidelines for Projects on or Adjacent to Railroad Right-of-Way", for additional explanation and requirements. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 87 of 120 Pages SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS GENERAL.—The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Gov- ernment and applicable to work financed in whole or in part with Federal funds will apply to such work. The "Required Contract Provisions, Federal-Aid Construction Contracts, "Form FHWA 1273, are included in this Section 14. Whenever in said required contract provisions references are made to "SHA contracting officer", "SHA resident engineer", or "authorized representative of the SHA", such references shall be construed to mean "Engineer" as defined in Section 1-1.18 of the Standard Specifications. PERFORMANCE OF PREVIOUS CONTRACT.—In ad- dition to the provisions in Section II, "Nondiscrimination," and Section VII, "Subletting or Assigning the Contract," of the re- quired contract provisions, the Contractor shall comply with the following: The bidder shall execute the CERTIFICATION WITH RE- GARD TO THE PERFORMANCE OF PREVIOUS CON- TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in excess of $10,000 will be considered under the provisions of Section VII of the required contract provisions unless such request is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. NON-COLLUSION PROVISION.—The provisions in this section are applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23, United States Code, Section 112, requires as a condi- tion precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder file a sworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to make the non-collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather than as a sworn statement as permitted by 28, USC, Sec. 1746, is included in the proposal. PARTICIPATION BY MINORITY BUSINESS EN- TERPRISES IN SUBCONTRACTING.—Part 26, Title 49, Code of Federal Regulations applies to this Federal-aid project. Pertinent sections of said Code are incorporated in part or in its entirety within other sections of these special provisions. Schedule B—Information for Determining Joint Venture Eli- gibility (This form need not be filled in if all joint venture firms are minority owned.) 1. Name of joint venture 2. Address of joint venture 3. Phone number of joint venture 4. Identify the firms which comprise the joint venture. (The MBE partner must complete Schedule A.) a. Describe the role of the MBE firm in the joint venture. b. Describe very briefly the experience and business qualifications of each non-MBE joint venturer: 5. Nature of the joint venture's business 6. Provide a copy of the joint venture agreement. 7. What is the claimed percentage of MBE ownership? 8. Ownership of joint venture: (This need not be filled in if described in the joint venture agreement, provided by question 6.). Revised 3-95 08-07-95 FR-1 QRevised 06/10/2005 4:40 PM Contract No. 3557-1 Page 88 of 120 Pages a. Profit and loss sharing. b. Capital contributions, including equipment. c. Other applicable ownership interests. 9. Control of and participation in this contract. Identify by name, race, sex, and "firm" those individuals (and their titles) who are responsible for day-to-day management and policy decision making, including, but not limited to, those with prime responsibility for a. Financial decisions b. Management decisions, such as: 1. Estimating 2. Marketing and sales 3. Hiring and firing of management personnel 4. Purchasing of major items or supplies c. Supervision of field operations Note.—If, after filing this Schedule B and before the comple- tion of the joint venture's work on the contract covered by this regulation, there is any significant change in the information submitted, the joint venture must inform the grantee, either di- rectly or through the prime contractor if the joint venture is a subcontractor. Affidavit "The undersigned swear that the foregoing statements are cor- rect and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to grantee current, complete and accurate information regarding ac- tual joint venture work and the payment therefor and any pro- posed changes in any of the joint venture arrangements and to permit the audit and examination of the books, records and files of the joint venture, or those of each joint venturer relevant to the joint venture, by authorized representatives of the grantee or the Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under Federal or State laws concerning false statements." Revised 3-95 08-07-95 Name of Firm Signature Name Title" Name of Firm Signature Name Title Date Date Date State of County of On this day of _, 19 , before me appeared (Name)_, to me personally known, who, being duly sworn, did execute the foregoing affi- davit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires [Seal] Date State of County of On this day of appeared (Name) _, 19 , before me to me personally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires [Seal] FR-2 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) Page I. General 3 II. Nondiscrimination 3 III. Nonsegregated Facilities 5 IV. Payment of Predetermined Minimum Wage 6 V. Statements and Payrolls 8 VI. Record of Materials, Supplies, and Labor 9 VII. Subletting or Assigning the Contract 9 VIII. Safety: Accident Prevention 10 IX. False Statements Concerning Highway Project 10 X. Implementation of Clean Air Act and Federal Water Pollution Control Act 10 XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion 11 XII. Certification Regarding Use of Contract Funds for Lobbying 12 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I.GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the con- tractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further re- quire their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Re- quired Contract Provisions shall be sufficient grounds for termi- nation of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29CFR5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accor- dance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II.NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and im- posed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obli- gations and in their review of his/her activities under the con- tract b. The contractor will accept as his operating policy the following statement: "// is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment ad- vertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively Form 1273 — Revised 3-95 08-07-95 FR-3 administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to im- plement such policy will be brought to the attention of em- ployees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such adver- tisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and"" employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the ge- ographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance re- quirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. Forai 1273 — Revised 3-95 08-07-95 FR-4 Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 91 of 120 Pages 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in coop- eration with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that die union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral prac- tice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 26, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcon- tractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by au- thorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (l)The number of minority and non-minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment op- portunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. Ill NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal- aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, seg- regated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). Form 1273 — Revised 3-95 08-07-95 FR-5 Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 92 of 120 Pages c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3)] issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(bX2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage deter- mination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1,3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class o laborers or mechanics employed under the contract, which is listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (l)the work to be performed by the additional classifi- cation requested is not performed by a classification in the. wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the addi- tional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting! officer within the 30-day period that additional time is" necessary. d. In the event the contractor or subcontractors, as appro- priate, the laborers or mechanics to be employed in the addi- tional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the con- tract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit Fonn 1273 — Revised 3-95 08-07-95 FR-6 Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 93 of 120 Pages as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of die journeyman- level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that mere is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall re- ceive the same fringe benefits as apprentices. (4) In the event the Employment and Training Adminis- tration withdraws approval of a training program, the con- tractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. FR-7 Fonn 1273 — Revised 3-95 08-07-95 Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 94 of 120 Pages 5. Apprentices and Trainees (Programs of the U.S. DOT):9. Withholding for Unpaid Wages and Liquidated Damages: Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security ^ number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section l(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Sec- tion IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially repossible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. Form 1273 — Revised 3-95 08-07-95 FR-8 Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 95 of 120 Pages c. Each contractor and subcontractor shall famish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards en- gaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or sub- contractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the fall weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the fall wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001and31U.S.C.231. g. The contractor or subcontractor shall make the records re- quired under paragraph 2b of this Section V available for in- spection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the re- quired records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be nec- essary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph Ib relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. FR-9 Form 1273 — Revised 3-95 08-07-95 Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 96 of 120 Pages 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a con- dition of each subcontract, which the contractor enters into pur- suant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or mis- representation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding re- garding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever being an officer, agent, or employee of the United States, or any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false repre- sentation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be per- formed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false repre- sentation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July I, 1916, (39 Stat. 355), as amended and sup- plemented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized Form 1273 — Revised 3-95 08-07-95 FR-10 Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 97 of 120 Pages for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such re- quirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIG1BILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal-aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide im- mediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it snail not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the el- igibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by diis clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the de- partment or agency may terminate this transaction for cause or default. * * * * * Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph Ib of this certification; and FR-11 Fonn 1273 — Revised 3-95 08-07-95 oRevised 06/10/2005 4:40 PM Contract No. 3557-1 Page 98 of 120 Pages d. Have not within a 3-year period preceding this ap- plication/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ***** 2. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the el- igibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the de- partment or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. ***** Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ***** XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. 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. b. 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, Form 1273 - 08-07-95 - Revised 3-95 FR-12 Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 99 of 120 Pages grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or en- tered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. 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. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. FEDERAL-AID FEMALE AND MINORITY GOALS In accordance with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-aid Construction Contracts" the following are the goals for female utilization: Goal for Women (applies nationwide) (percent) 6.9 The following are goals for minority utilization: CALIFORNIA ECONOMIC AREA 174 Redding, CA: Non-SMSA Counties CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama. 175 Eureka, C A: Goal (Percent) 6.8 Non-SMSA Counties CA Del Norte; CA Humboldt; CA Trinity. 176 San Francisco-Oakland-San Jose, CA: SMSA Counties: 7120 Salinas-Seaside- Monterey, CA CA Monterey. 7360 San Francisco-Oakland, CA CA Alameda; CA Contra Costa; CA Mann; CA San Francisco; CA SanMateo. 7400 San Jose, CA CA Santa Clara. 7485 Santa Cruz, CA CA Santa Cruz. 7500 Santa Rosa, CA CA Sonoma. 8720 Vallejo-Fairfield- Napa, CA CA Napa; CA Solano Non-SMSA Counties CA Lake; CA Mendocino; CA SanBenito. 6.6 28.9 25.6 19.6 14.9 9.1 17.1 23.2 177 Sacramento, C A: SMSA Counties: 6920 Sacramento, CA CA Placer; CA Sacramento; CA Yolo. Non-SMSA Counties CA Butte;CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutler, CA Yuba. 178 Stockton-Modesto, CA: SMSA Counties: 5170 Modesto, CA CA Stanislaus. 8120 Stockton, CA CA SanJoaquin. Non-SMSA Counties CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne. 179 Fresno^Bakersfield, CA: SMSA Counties: 0680 Bakersfield, CA CA Kern. 2840 Fresno, CA CA Fresno. Non-SMSA Counties CA Kings; CA Madera; CA Tulare. 180 Los Angeles, CA: SMSA Counties: 0360 Anaheim-Santa Ana-Garden Grove, CA. CA Orange. 4480 Los Angeles-Long Beach, CA.. CA Los Angeles. 6000 Oxnard-Simi Valley- Ventura, CA CA Ventura, 16.1 14.3 12.3 24.3 19.8 19.1 26.1 23.6 11.9 28.3 21.5 Form 1273 — Revised 3-95 08-07-95 FR-13 Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 100 of 120 Pages 6780 Riverside-San Bernardino- Ontario, CA CA Riverside; CA San Bernardino. 7480 Santa Barbara-Santa Maria- Lompoc, CA CA Santa Barbara. Non-SMSA Counties CA Inyo; CA Mono; CA San Luis Obispo. 19.0 19.7 24.6 181 San Diego, CA: SMS A Counties 7320 San Diego, CA.. CA San Diego. Non-SMSA Counties CA Imperial. 16.9 18.2 In addition to the reporting requirements set forth elsewhere in this contract the Contractor and subcontractors holding subcontracts, not including material suppliers, of $ 10,000 or more, shall submit for every month of July during which work is performed, employment data as contained under Form FHWA PR-1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon. Foim 1273 — Revised 3-95 08-07-95 FR-14 Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 101 of 120 Pages SUPPLEMENTAL PROVISIONS TO "GREEN BOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-1 ROCK PRODUCTS Add the following section: 200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious substances. Class 1 and Class 2 permeable material shall have a Durability Index of not less than 40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable material shall conform to the requirements in this section and Table 200-1.2.2(A). Class 2 permeable material shall conform to the requirements in this section and Table 200-1.2.2(8). When permeable material is required and the class or kind is not specified, Class 1 permeable material shall be used. The alternative gradings within Class 1 permeable material are identified by types. Unless otherwise shown on the plans the Contractor will be permitted to furnish and place any one of the types provided for this class. The percentage composition by mass of permeable material in place shall conform to the gradings in Tables 200-1.2.2(A) and 200-1.2.2(6). TABLE 200-1.2.2(A> CLASS 1 PERMEABLE MATERIAL Sieve Sizes 50-mm (2") 37.5-mm(lV2") 19-mm(a/4") 12.5-mm (V2") 9.5-mm (V) 4.75-mm (No. 4) 2.36-mm (No. 8) 75-um (no. 200) Percen Type A — — 100 95-100 70-100 0-55 0-10 0-3 tage Passing Type B 100 95-100 50-100 — 15-55 0-25 0-5 0-3 TABLE 200-1.2.2(8) CLASS 2 PERMEABLE MATERIAL Sieve Sizes 25-mm (1") 19-mm (V) 9.5-mm (V) 4.75-mm (No. 4) 2.36-mm (No. 8) 600-um (No. 30) 300-Mm (No. 50) 75-um (no. 200) Percentage Passing 100 90-100 40-100 25-40 18-33 5-15 0-7 0-3 Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 102 of 120 Pages 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2 Aggregate Base and as specified herein. Add the following section: 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval. AGGREGATE GRADING REQUIREMENTS Percentage Passing 11/2" Maximum 3/4" Maximum Sieve Sizes 2" 11/2" 1" 3/4" No 4 No. 30 No. 200 Operating Range 100 90-100 50-85 25-45 10-25 2-9 Operating Range 100 90-100 35-60 10-30 2-9 QUALITY REQUIREMENTS Operating Tests Range Resistance (R-value) 78 Min. Sand Equivalent 25 Min. Durability Index 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance" requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for "Operating Range." If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 103 of 120 Pages No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements. 201-1.1.1 General. Add the following: Shotcrete shall not be used as an alternative construction method for reinforced concrete members unless otherwise specified. 201-1.1.2 Concrete Specified by Class and Alternate Class. Modify as follows: TABLE 201 -1.1.2(A) Modify as follows: TABLE 201-1.1.2(A)(3) PORTLAND CEMENT CONCRETE Type of Construction All Concrete Used Within the Right-of-Way Trench Backfill Slurry Street Light Foundations and Survey Monuments Traffic Signal Foundations Concreted-Rock Erosion Protection Concrete Class 330-C-23 (560-C-3250) (1) 115-E-3 (190-E-400) 330-C-23 (560-C-3250) 350-C-27 (590-C-3750) 310-C-17 (520-C-2500P) Maximum Slump mm (Inches) (2) 200 (8") 100 (4") 100 (4") per Table 300-11 .3.1 (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201-1.1.2(A) SSPWC. (2) As per Table 201-1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201-1.2 Materials. 201-1.2.4 Chemical Admixtures, (e) Air-Entraining Admixtures. Substitute the following. The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 104 of 120 Pages 201-2.2.1 Reinforcing Steel. Replace the first sentence of the paragraph with the following: Reinforcing bars shall be low-alloy steel deformed bars conforming to the requirements in ASTM Designation: A 706/A 706M. SECTION 203 - BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. DELETE sections 203-6.2 and 203-6.3.2 and ADD the following: 203-6.1 General. Add the following: The Contractor shall submit a design mix report and verification data for review by the Engineer for each source of supply and type of mixture specified. The design mix report shall indicate the results of all testing requirements identified in sections 203-1.2 and 203- 6.3 of the standard specifications for public works construction and these special provisions. 203-6.2 Materials. Add the following: Asphalt concrete shall be class C2-AR-4000 for surface course, and B-AR-4000 for base course. Asphalt concrete shall be class D2-AR-8000 for dikes and class E-AR-8000 ditches. 203-6.3.2 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125. When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for 1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202. 2. Stability1 using: a. Stabilometer Value2 using Calif. Test 366 and shall be the average of three individual Stabilometer Values And/or b. Marshall Stability in accordance with the Asphalt Instituted MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. Stability will be waived provided the extracted asphalt concrete is within +I-.5 of mix design and the extracted gradation complies with Table 203-6.3.2 (A). 2Use Marshall Stability when the deviation between individual Stabilometer Values are greater than +1-4. When using core sample analysis, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. The amount of asphalt binder used in asphalt concrete placed in dikes, gutters, gutter flares, overside drains and aprons at the ends of drainage structures shall be increased one percent by mass of the aggregate over the amount of asphalt binder determined for use in asphalt concrete placed on the traveled way. c«Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 105 of 120 Pages 203-6.3.3 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the asphalt content is within +I-.5 of the design mix and the gradation conforms to the grading as shown in Table 203-6.3.2 (A). Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix complies with the requirements for Stabilometer Value per Table 203-6.3.2 (A) Marshall Stability using Asphalt Institute MS-2. Plant inspected asphalt concrete will be considered in conformance with the mix design when visually inspected and the combined gradation of the Bin samples show conformance to the grading as shown in Table 203-6.3.2 (A). 203-6.6.2, Batch Plant Method. Modify as follows: Third paragraph, last sentence, delete "and from the Engineer's field laboratory". Last paragraph, add after D 2172: "method A or B." 203-6.7 Asphalt Concrete Storage. Add the following: Open graded asphalt concrete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 18 hours, shall not be used in the work. SECTION 206 - MISCELLANEOUS METAL ITEMS Add the following section: 206-7 RESTRA1NER PIPE Add the following section: 206-7.1 General. Double extra strong steel pipe shall conform to the requirements of ASTM Designation: A53, Grade B. SECTION 210 - PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CALTRANS Specification No. PTWB-01. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CALTRANS Specification No. 8010-19A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CALTRANS Specification No. 8010-004 (Type II). CALTRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CALTRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number(916) 227-7000. SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS. 212-1.2.3 Commercial Fertilizer. Add the following: Preplant fertilizer shall be granular commercial fertilizer 7-7-7 or approved equal. Postplant fertilizer shall be 12-4-6 or approved equal with Ca, Fe, Zn, and Mn and with the majority of nitrogen in nonammoniac form to prevent acidification of soil. Planting tablets shall be compressed fertilizer tablets with a 20-10-5 analysis. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 106 of 120 Pages 212-1.2.5 Mulch for Hydraulic Method Seed Lawn Planting. Add the following: The terms Hydroseeding and Hydroseed shall be synonymous with Hydraulic for the purposes of Section 212. Disturbed Areas and planting areas shall be mulched, fertilized and seeded using method B. Mulch shall be manufactured from virgin wood cellulose fiber mulch and shall not contain growth or germination inhibitors. When mixed with water, the mulch shall remain in uniform suspension and when blended with the seed, fertilizer, and other approved additives, shall form a homogeneous slurry. When applied, the fibers shall form a moisture absorbing membrane with adequate percolation properties sufficient to allow one hundred percent of water applied at the rate of 3.1 liters per minute per square meter (0.075 gallons per minute per square foot) onto a surface inclined at a 2:1 (horizontal: vertical) slope to pass through the membrane. A non-phyto-toxic wetting agent shall be added to the slurry mixture. A water soluble, non-toxic green dye shall be added in sufficient quantity to clearly delineate the planted areas. When required, binder shall be added to the slurry mixture and shall be "CPA 4000", "AZTAC", "Ecology Control", "M-Binder", or approved equal. 212-1.3 Seed. Add following: The quantity of pure live seed supplied shall meet or exceed the quantity shown in the specified mixes. Seed shall not contain more than 0.5 percent weed seed by volume Seed types shall be as specified on the plans and planting legends, and shall be applied at the rates indicated. All brand-name, patented seed must be received by Contractor in original manufacturer's bag. Seed shall be received by Contractor in separate containers specifying kind, quantity, purity, and germination. Contractor shall provide the Engineer with each seed bag label used in the Work. Add the following section: 212-1.3.1 Seed for Disturbed Areas. Hydroseeding mix for Disturbed Areas shall consist of no less than the seed varieties shown in Table 212-1.3(A). Table 212-1.3.1 (A) SEED FOR DISTURBED AREAS Seed Variety Eschscholzia Califomica Nassella Pulchra Lasthenia Califomoca Lotus Scoparius Lupinus Succulentus Applicati grams per sq. meter 2.5 2.5 0.35 0.45 0.35 on Rate (pounds per acre) 20 20 3 4 3 Add the following section: 212-1.6 Erosion Control Matting. Erosion control matting shall be made of 100-percent- biodegradable, weed-free wheat straw of thickness and density yielding 270 grams per square meter (0.50 Ib./sy) with photodegradable polypropylene netting with a density of 0.89 grams per square meter (1.64 lb/1000 sy) having an approximate mesh interval of 50 mm x 50 mm (2" x 2 ) on each face of the straw mat. The straw mat shall be sewn together with unidirectional lines of cotton or polypropylene thread spaced approximately 50 mm (2") apart. Erosion control matting shall be "North American Green, DS150", "BonTerra S2", or approved equal. Add the following section: 212-1.7 Erosion Control Mat Staples. Erosion control mat staples shall be 25 mm x 150 mm (1" x 6"), U-shaped 11-gauge mild steel staples. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 107 of 120 Pages SECTION 213 - ENGINEERING FABRICS 213-2 GEOTEXTILES. 213-2.1 General. Table 213-2.1 (A) Add the following: Geotextile types shall be used for the applications listed in Table 213-2.1 (A) GEOTEXTILE APPLICATIONS Application of Geotextile Separation of Soil and Street Structural Section Separation of Soil and Subsurface Aggregate Drain Reinforcement of Street Structural Section Remediation and Separation of Soil Reinforcement of Soil Drainage at the Interface of Soil Structures Drainage at the Interface of Soil and Structures Rock Slope Protection Fabric for Rock Sizes Below 225 kg (% Ton) Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg (% Ton) Plant Protection Covering Erosion Control Fence with 14 AWG - 150 mm x 150 mm (6"x6") Wire and 3 mJIO') Post Spacing Erosion Control Fence with 1.8 m (6') Post Spacing and No Wire Fencing Type Designation 90WS 180N 200WS 270WS 270WS N/A N/A 180N 250N 90N 90WS 200WS Add the following section: 213-3 EROSION CONTROL SPECIALTIES. Add the following section: 213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50 Ibs) of 19 mm (3/4") crushed rock and securely tied closed. Plastic bags are not acceptable. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 108 of 120 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General. Add the following to the third paragraph: 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 therefor shall be made to the Contractor. 300-1.3 Removal and Disposal of Materials. Add the following: Also included in clearing and grubbing shall be removal and disposal of existing street poles and lights, metal guard rail, fences, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existing gate, existing headwalls, rip-rap, traffic signs, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment. Modify as follows: Payment for clearing and grubbing shall be made at the contract lump sum price for Complete Bridge Retrofit in Place within the project limits and at stockpile locations and no other payments will be made. Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Complete Bridge Retrofit in Place, and no additional payment will be made. 300-2.9 Payment. Add the following: The contract lump sum price for roadway excavation shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in regrading the existing slope, including the placement of minor backfill necessary to develop the finished grades as shown on the plans and as directed by the Engineer. 300-3 STRUCTURE EXCAVATION AND BACKFILL 300-3.1 General. Add the following: The Contractor shall excavate to the lines and levels required and/or shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, pumping, and planking required. The Contractor shall excavate and maintain the bottom of all trenches in a condition that is level, firm, clean and free from all debris or foreign matter. Excavations shall be kept free from water at all times. The Contractor shall remove any unsuitable material encountered below grade as directed by the Engineer. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 109 of 120 Pages 300-3.5.1 Requirements. Replace paragraph 3 with the following: Structure backfill shall be placed in accordance with 300-4.5 and shall be mechanically compacted to a minimum relative compaction of 95%. 300-3.6 Payment. Add the following: Dewatering shall be paid for as an incidental to structure excavation (bridge) and backfill (bridge) and no additional compensation will be made therefor. Except for unsuitable materials removed as part of the clearing and grubbing item unsuitable material encountered below grade will be paid for at the unit price bid for structure excavation (bridge) and backfill (bridge). Quantities to be paid for as structure excavation (bridge) and structure backfill (bridge) will be measured by the cubic yard. The quantities of payment will be determined from limits shown on the plans or specified or directed by the Engineer. No deduction in structure excavation (bridge) or structure backfill (bridge) will be made where the Contractor does not elect to excavate material which is outside the limits of the actual structure but within the limits shown on the plans or specified or directed by the Engineer. No compensation will be made for the removal and use or disposal of material which may come into an excavation from outside the designated limits or for the volume of backfill occupied by the new structure or for furnishing and placing backfill material in an excavation that is below or outside the designated limits, and these quantities will not be included in the quantities of structure excavation (bridge) and structure backfill (bridge) to be paid for. Unless otherwise provided, quantities of earthwork will be paid for by the cubic yard for structure excavation (bridge) and structure backfill (bridge). The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in excavating for and backfilling structures completely, as shown on the Drawings, and as specified in these specifications and the supplemental provisions, and as directed by the Engineer. 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. The Contractor shall provide erosion control and water pollution control conforming to the requirements as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage within the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the, "California Storm Water Best Management Handbook, Construction Activity, March 1993 edition as published by the Storm Water Quality Task Force. The Contractor shall maintain a copy of the "California Storm Water Best Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 110 of 120 Pages Management Handbook, Construction Activity", March 1993 edition on the project site and shall conduct its operations in conformity to said Handbook. Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: a) Embankment areas, while being brought up to grade and during periods of completion prior to final construction, shall be graded so as to direct runoff into impoundment areas within the limits of work. b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include, but shall not be limited to: graded berms around areas to eliminate erosion of embankment slopes by surface runoff; confined ponding areas to desilt runoff; and to desilt runoff. c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures. Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion and water pollution control, conforming to the operational requirements herein, of BMP and conforming to the requirements of the applicable permits, including the latest amendments thereto, shall be considered as included in the contract price bid for Erosion and Water Pollution Control, and no additional compensation will be allowed therefor. SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-1 CONCRETE STRUCTURES 303-1.7.1 General. Add the following to the fourth paragraph: The minimum spacing center to center of parallel bars shall be 2 1/2 times the diameter of the bar. 303-1.7.2 Splicing. Replace the second sentence of the fourth paragraph with: Where A615 Grade 60 or A 706 reinforcing bars are required, the length of lapped splices shall be as follows: Reinforcing bars No. 8, or smaller, shall be lapped at least 45 diameters of the smaller bar joined, and reinforcing bars Nos. 9, 10, and 11 shall be lapped at least 60 diameters of the smaller bar joined, except when otherwise shown on the plans. Add the following: Unless otherwise shown on the plans or approved by the Engineer, splices in adjacent reinforcing bars at any particular section shall be staggered. The minimum distance between staggered lap splices or mechanical lap splices shall be the length required for a lapped splice in the bar. The minimum distance between staggered butt splices shall be two feet. 303-1.11. Add the following: Payment for structural concrete, retaining wall shall be measured per square foot of wall. The square footage will be measured from the top of footing to top of wall and along the length of wall. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 111 of 120 Pages The contract price per square foot for structural concrete, retaining wall shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, including structure excavation, structure backfill, disposing of surplus material, bar reinforcing steel, expansion joint material, miscellaneous iron and steel, as shown on the plans, as specified in these Supplemental Provisions and as directed by the Engineer. 303-8 Drill and Bond Dowels, add the following: Drilling of holes and bonding of dowels shall conform to the details shown on the plans and the following: The bonding materials shall be magnesium phosphate concrete, either single component (water activated) or dual component (with a prepackaged liquid activator), as approved by the Engineer. Magnesium phosphate concrete shall conform to the following requirements: Property Compressive Strength at 3 hours, MPa at 24 hours, MPa Flexure Strength at 24 hours, MPa Bond Strength: at 24 hours SSD Concrete, MPa Dry Concrete, MPa Water Absorption, % Abrasion Resistance at 24 hours, grams Drying Shrinkage at 4 days, % Soluble Chlorides by mass, % Water Soluble Sulfates by mass, % Test Method California Test 551 California Test 551 California Test 551 California Test 551 California Test 551 California Test 551 California Test 550 ASTM Designation: C596 California Test 442 California Test 41 7 Require- ments 21 min. 35 min. 3.5 min. 2.1 min. 2.8 min. 10 max. 25 max. 0.1 3 max. 0.05 max. 0.25 max. Magnesium phosphate concrete shall be formulated for minimum initial set time of 15 minutes and minimum final set time of 25 minutes at 70° F. The materials, prior to use, shall be stored in a cool, dry environment. Mix water used with water activated material shall conform to the provisions in the Caltrans Standard Specifications Section 90-2.03, "Water." The quantity of water for single component type or liquid activator (for dual component type) to be blended with the dry component, shall be within the limits recommended by the manufacturer and shall be the least amount required to produce a pourable batter. Addition of retarders, when required and approved by the Engineer, shall be in conformance with the manufacturer's recommendations. Before using concrete material that has not been previously approved, a minimum of 45 pounds shall be submitted to the Engineer for testing. The Contractor shall allow 45 days for the testing. Each shipment of concrete material that has been previously approved shall be accompanied by a Certificate of Compliance as provided in Section 6-1.07, "Certificates of Compliance." Magnesium phosphate concrete shall not be mixed in containers or worked with tools containing zinc, cadmium, aluminum or copper metals. The surface of any dowel coated with zinc or cadmium shall be coated with a colored lacquer before installation of the dowel. The lacquer shall be allowed to dry thoroughly before embedment of the dowels. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 112 of 120 Pages The holes shall be drilled by methods that will not shatter or damage the concrete adjacent to the hole. The diameter of the drilled hole shall be 1/2 inch larger than the nominal diameter of the dowels. The drilled holes shall be clean and dry at the time of placing the bonding material and the steel dowels. Bonding material and dowel shall completely fill the drilled hole. The surface temperature shall be 40° F or above when the magnesium phosphate concrete is placed. After bonding, dowels shall remain undisturbed for a minimum of 3 hours or until the magnesium phosphate concrete has reached a strength sufficient to support the dowels. Dowels that are improperly bonded, as determined by the Engineer, shall be removed. The holes shall be cleaned or new holes shall be drilled and the dowels replaced and securely bonded to the concrete. Removing, redlining and replacing improperly bonded dowels shall be performed at the Contractor's expense. If reinforcement is encountered during drilling before the specified depth is attained, the Engineer shall be notified. Unless the Engineer approves coring through the reinforcement, the hole will be rejected and a new hole, in which reinforcement is not encountered, shall be drilled adjacent to the rejected hole to the depth shown on the plans. Drill and bond dowels shall be measured by the linear foot. The contract price paid per lineal foot for drill and bond dowel shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in drilling the holes, including coring through reinforcement when approved by the Engineer, and bonding the dowels, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 303-9 Core Concrete. Add the following: Coring concrete shall consist of coring holes through reinforced concrete bridge members as shown on the plans and in conformance with these supplemental provisions. The holes shall be cored by methods that will not shatter or damage the concrete adjacent to the holes. Water for core drilling operations shall be from the local domestic water supply or shall not contain more than 1000 parts per million of chlorides as Cl, nor more than 1300 parts per million of sulfates as SO4l. nor shall the water contain any impurities in a sufficient amount that would cause discoloration of the concrete or produce etching of the surface. Water from core drilling operations shall not be permitted to fall on public traffic, to flow across shoulders or lanes occupied by public traffic, or to flow into gutters or other drainage facilities. Coring concrete will be measured by the lineal foot as core concrete of the sizes listed in the Engineer's Estimate. The cored concrete will be measured along the centertine of the hole without deduction for expansion joints. The contract price paid per linear foot for core concrete of the sizes listed in the Engineer's Estimate shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in coring the holes, including control of water from core drilling and repairing any damaged reinforcement, as shown on the plans, as specified in these supplemental provisions, and as directed by the Engineer. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 113 of 120 Pages 303-10 Remove Unsound Concrete. Add the following: This work shall consist of the removal and disposal of unsound portland cement concrete. Unsound concrete shall be removed as shown on the Drawings and to the limits designated by the Engineer. Unsound concrete is generally that concrete which emits a relatively dead or hollow sound when a chain is dragged over its surface or its surface is tapped with a metal tool. Concrete encasing corroded reinforcing steel beyond the limits identified by the sound may be considered as unsound concrete. The Engineer will determine the soundness of all concrete. Equipment and tools shall not be used to remove unsound concrete which, in the opinion of the Engineer, cause the removal of excess quantities of sound concrete along with the unsound concrete. After the removal of unsound concrete has been completed, any existing reinforcing steel which has been exposed shall be restored to position, sandblasted clean, blocked and tied. Reinforcing steel that has been damaged to the extent that the steel's usefulness is destroyed as a result of the Contractor's operations, shall be repaired or replaced by the Contractor at the Contractor's expense. The contract lump sum price for remove unsound concrete shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in removing unsound concrete in conformance with the details shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 308-2 EARTHWORK AND TOPSOIL PLACEMENT 308-2.3.2 Fertilization and Conditioning Procedures. Add the following: The Contractor shall cultivate the surface of all areas to be planted or hydroseeded by discing, ripping or scarifying the finish grade. After cultivation the Contractor shall clear the planting areas of stones to the depth of cultivation and shall be rake the planting areas to a smooth friable and plantable surface. The Contractor shall cultivate all planting areas, except slopes steeper than 3-1/2:1 (horizontal to vertical), to a depth of 300 mm (12"). The planting areas that are slopes steeper than 3-1/2:1, shall be cultivated to a depth of 150 mm (6"). After cultivation, the soil amendments shown in table 308- 2.3.2(A) shall be thoroughly blended 150 mm (6") deep in all planting areas. Except for planting pits the cultivation depths are designated as the root area. Backfill for planting pits shall conform to the requirements of section 308-4.5. After surface preparation and application of the soil amendments shown in Table 308-2.3.2(A) the Contractor shall obtain a minimum of one test for each soil property listed in Tables 308-2.3.2(6) and 308-2.3.2(C) from each median planter, at least one test per 150 m (500') from each parkway and for each hectare (2.5 acres) of hydroseeded area and shall submit the results of said tests to the Engineer. The Contractor shall then adjust the soil properties to the acceptable ranges of soil properties shown in Tables 308-2.3.2(8) and 308-2.3.2(C) using such materials and methods as may be necessary. Organic soil amendment materials shall not be included in the samples used to determine compliance to the soil particle gradation requirements of Table 308-2.3.2(C). If adjustments are necessary the soil shall be tested by the Contractor after such adjustments for each soil property listed in Table 308-2.3.2(6) and 308-2.3.2(C) to determine that the adjustments to the soil made by the Contractor result in soil properties within the acceptable range. The Contractor shall adjust the soil properties and show acceptable ranges prior to any planting or application of hydroseed slurry. Prior to the start of any planting or application of hydroseed slurry the surface and root area shall be evenly and thoroughly moistened to no less than 75 percent of field capacity. The Contractor shall certify, in writing, that the ground surface has been Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 114 of 120 Pages prepared in accordance with this section and shall request inspection by the Engineer prior to any planting or seeding. The Contractor shall obtain the Engineer's approval before any planting or hydroseeding. TABLE 308-2.3.2(A) SOIL AMENDMENTS Soil Amendment Agricultural Gypsum Iron Sulfate Calcium Carbonate Lime Organic Soil Amendment Metric Application Rate 500 g per square meter 50 g per square meter 500 g per square meter 0.04115 cubic meters per square meter (average depth 41 mm) Approx. U.S. Application Rate 100 Ibs. per 1,000 square feet 10 Ibs. per 1,000 square feet 100 Ibs. per 1 ,000 square feet 5 cubic yards per 1 ,000 square feet (average depth 1 5/8") TABLE 308-2.3.2(8) SOIL PROPERTIES Soil Property PH Dissolved Salts (Ece) Liquid Limit Plasticity Index Acceptable Range 6.5 to 7.3 < 4.0 dS m'1 N/A to 30 NPtolO Test Method Saturation Paste pH Saturation Paste Soluble Salts ASTM D 423 ASTM D424 Repeatability Range of Test ±0.1 pH ± 7% ± 2 ± 2 TABLE 308-2.3.2(C) SOIL PARTICLE GRADATION Sieve Siize 19 mm(3/4") 9.5 mm f/8") 4.75 mm (No. 4) 1.89 mm (No. 10) 475 pm (No. 40) 75 ^m (No. 200) Percent Passing 100 95-100 60-85 40-75 35-70 30-70 For areas to receive planting of all types, excluding only hydroseeding, the Contractor shall amend the prepared soil by blending 200 g of 7-7-7 fertilizer per square meter (40 Ibs. per 1,000 square feet) into the top 150 mm (6") of soil after the completion of adjustment of soil properties and acceptance of the planting area by the Engineer. The Contractor shall apply post-plant 12-4-6 fertilizer at the rate of 20 pounds per 1,000 square feet, 30 days after planting and every 30 days through the end of the maintenance period. 308-2.4 Finish Grading., add following: The Contractor shall prepare the finish grade in hydroseed slope areas with a moderately rough texture to provide a suitable surface for adherence of the hydroseed mix. 308-4 PLANTING. 308-4.8.2(b) Method B. Add the following: The Contractor shall prepare hydroseeding slurry on the job site. Slurry additives shall arrive at the site in bags sealed and properly identified by the manufacturer. All specified additives and water shall be added on the job site at the rates specified and shall be thoroughly mixed at the job site. The Contractor shall add seed to the slurry after the fiber mulch has been thoroughly incorporated. The Contractor shall spray all areas with a uniform, visible coat using the green color of the mulch as a guide. The Contractor shall apply the slurry in a Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 115 of 120 Pages sweeping motion, in an arched stream so as to fall like rain allowing the mulch fibers to built on each other until a good coat is achieved and the material is spread, evenly, at the required rate per area. The Contractor shall use care not to drag spray hoses over container planted material and shall attempt to spray from the edges of the planting areas wherever possible. Any slurry mixture which has not been applied to the planting areas within four (4) hours after mixing is be rejected and removed from the project at the Contractor's expense. Any slurry spilled into areas outside the limits of work shall be cleaned up at the Contractor's expense to the satisfaction of the Engineer. The Contractor shall assure that the site is properly prepared. The Contractor shall repair all tire ruts created by the equipment. Areas needing grading repair prior to hydroseeding shall be blended and floated to match surrounding grades. Areas having less than 80% plant coverage within thirty (30) days after the initial application shall be reseeded every twenty (20) days until 80% of the ground surface is evenly covered by hydroseeded or subsequently reseeded growth. Add the following section: 308-4.8.3.1 Weed Eradication. The Contractor shall water all irrigated areas to be hydroseeded for three (3) weeks prior to hydroseeding to allow for germination of the weed seeds. The Contractor shall spray all weeds with a post emergent herbicide immediately after the completion of the three week irrigation period. After two (2) weeks, the Contractor shall again eradicate the weeds and complete the preparation of the soil prior to the application of the hydroseed mixes. Add the following section, 308-4.10 Erosion Control Matting Installation Add the following section, 308-4.10.1 General. Before installation of erosion control matting the Contractor shall complete all soil preparation, fine grading, and hydroseeding of the areas to receive erosion control matting. Add the following section: 308-4.10.2 Coordination with Hydroseeding. Erosion control matting shall be installed by the Contractor immediately after the first application of hydroseed materials. In all cases the Contractor shall place the erosion control matting within three days after the first hydroseed material application. Should any seed in the hydroseed materials begin to germinate within the three-day period after application or before the installation of the erosion control matting, the installation of the erosion control matting shall be considered as late and the Contractor shall disc the hydroseed materials into the top 100m (4") of the underlying soil, condition the soil for hydroseeding, apply hydroseeding materials at the rates and of the type specified and then install the erosion control matting. No additional payment will be made for second or subsequent hydroseed applications resulting from late installation of erosion control matting. Add the following section: 308-4.10.3 Installation. The Contractor shall install erosion control matting using the following techniques: 1. Begin at the top of the slope by placing the erosion control matting into a 150 mm (6") wide by 150 mm (6") deep trench with the end of the matting laid flat in the bottom of the trench 2. Anchor the end of the erosion control matting with erosion control mat staples spaced no more than 300 mm (12") on centers placed at the intersection of the bottom and the downhill vertical face of the trench. 3. Roll the erosion control matting down the slope. 4. Staple the erosion control matting on an alternating grid consisting of three across and two across lines of staples in horizontal lines spaced 900mm (31) on centers. 5. Erosion control mat so stapled shall be spaced such that no less than 1 % staples per square meter (\Yz staples per square yard) are provided to anchor the erosion control matting. 6. Start the adjacent erosion control mat as in Item 1. of this section, overlapping the previously Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 116 of 120 Pages placed mat by no less than 50 mm (2"). 7. Staple placement may be such as to use the staples used to secure the adjacent mat to secure both mats along their edges. 308-8 Payment, modify as follows: Payment for landscaping and irrigation shall be considered as included in the contract price paid for "Erosion and Water Pollution Control". The lump sum price shown in the Bid shall include full compensation to complete and maintain the landscape and irrigation work shown on the Plans or in the Specifications. SECTION 310-PAINTING 310-5 PAINTING VARIOUS SURFACES. 310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Plans, or for approved temporary detours essential for safe control of traffic through and around the construction site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings. 310-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Manual, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm (V8") in 3 m (10') when measured parallel to the centeriine of the street or more than 6 mm (1/4") in 3 m (10') when measured perpendicular to the centeriine of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. 310-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans by wet grinding methods. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.10') thick asphalt concrete overlay is not permitted. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 117 of 120 Pages 310-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contractor shall establish the necessary control points for all required pavement striping and markings by surveying methods. No layout of traffic striping shall be performed by the Contractor before establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than 80mm per 100m (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight stripes deviating more than 80mm per 100mm (1/ 2 inch in 50 feet) by wet grinding, and then correcting the markings. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the work progresses. 310-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer. The Contractor shall paint the ends of each median nose yellow. Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. 310-5.6.10 Measurement and Payment. Modify the first paragraph as follows: Final and temporary traffic striping, curb markings and pavement markings as shown on the plans and required by the specifications shall be included in the lump-sum price bid for Traffic Control, and no additional compensation will be allowed therefor. Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and no additional compensation will be allowed therefor. The lump sum price bid shall include all labor, tools, equipment, materials, and incidentals for doing all work in installing the final and temporary traffic striping. Section 313 - Temporary Traffic Control Devices Add the following section: 313-2 TEMPORARY TRAFFIC SIGNING. Add the following section: 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 313-4 MEASUREMENT AND PAYMENT. Temporary signing and temporary appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for traffic control and payment therefor shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing, railing (type K), crash Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 118 of 120 Pages cushions and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors marking them shall include the installation, grading for installation, grading for the approach path, maintenance, painting and re- painting, replacement of damaged units and removal and shall also be included in the lump-sum price bid for traffic control. Payment for installation and/or relocation of K-rails and crash cushions when not shown on the plans and requested by the Engineer shall be made per section 3-3, Extra Work, SSPWC. SECTION 316 - EXISTING HIGHWAY FACILITIES Add the following section: 316-1 BRIDGE REMOVAL Add the following section: 316-1.1 General. - Removing bridges or portions of bridges shall conform to the provisions in Section 15-4, "Bridge Removal," of the Caltrans Standard Specifications and these special provisions. Removed materials that are not to be salvaged or used in the reconstruction shall become the property of the Contractor and shall be disposed of in conformance with the provisions in Section 7-1.13, "Disposal of Material Outside the Highway Right of Way," of the Caltrans Standard Specifications. The work to be performed in Section 15-4, "Bridge Removal," will be paid for on a lump sum basis for bridge removal. Revised 06/10/2005 4:40 PM Contract No. 3557-1 Page 119 of 120 Pages APPENDIX A: Sample NCTD "Right of Entry Permit" & Categorical Exemption/Exclusion Letter I 11- RIGHT OF ENTRY PERMIT 1 THIS RIGHT OF ENTRY PERMIT ("Permit"), entered into as of , 2003 between the NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD ("NSDCTDB" or "Board") and I ("Permittee"). RECITALS 1 A. Board is the owner of certain railroad right-of-way assets extending from Orange County to ! San Diego and from Oceanside, to Escondido (the "RiEht-of-Wav"V The Right-of-Way is in active use for the operation of freight trains (by the Burlington Northern Santa Fe Railway ! Company ["BNSF"]), intercity passenger trains (by the National Railroad Passenger i Corporation ["AMTRAK"]) and commuter trains (by Board). ; B. Permittee desires to enter onto and use that portion of the Right-of-Way more particularly S described in Exhibit A attached hereto (the "Permit Area"). C. Board is willing to allow Permittee to/ enter onto and use a portion of the Right-of-Way, j provided that Permittee's entry and use do not interfere with the Board's operations, including 1 response to emergencies and routine maintenance, or the safe use of the Right-of-Way by Board, BNSF, and AMTRAK, and provided that Permittee's entry and use are in strict accordance with terms and conditions set forth in this Permit. NOW, THEREFORE, BOARD AND PERMITTEE AGREE AS FOLLOWS: 1. Basic Permit Terms. 1 1.1 Permit Fee: Insert Fee Dollars ($ 00). i 1.2 Expense Reimbursement Deposit: Dollars (S ). ~"~ 1.3 Permit Expiration Date: ,2003 - 1.4 Permitted Use: 1.5 Board Permit Coordinator Jim Cunningham, Manager of Real Estate Telephone number (760)966-6538 1.6 Permittee's Address: I 1 Telephone Number I 1.7 Emergency Number; (800)500-7346 2. Grant of Permit. Board hereby permits Permittee to enter upon and use the Permit Area for the purpose and during the time periods set forth in this Permit. 3. Permit Fee. Permittee shall pay to Board, in advance, the non-refundable Permit Fee set forth in section 1.1 as partial consideration for the rights and privileges set forth in this Permit. The Permit Fee is payable to North San Diego County Transit Development Board on or before execution of this Permit. 4. Cost Reimbursement In addition to the Permit Fee, Permittee shall reimburse Board for all costs and expenses incurred by Board in the review of Permittee's request for this Permit, Permittee's entry upon and use of the Permit Area, and review and inspection of any work performed in the Permit Area; markout of railroad facilities; inspection, flagging, and security services; and installation, removal, repair, and restoration of the R5ght-of Way and railroad facilities. Upon execution of this Permit, Permittee shall deposit with the Board the Expense Reimbursement Deposit amount set forth in section 1.2. Board may deduct the costs and expenses from the Expense, Reimbursement Deposit as such costs and expenses are incurred. Costs of services provided by Board employees will be charged at the employees' fully loaded productive hourly rate (monthly salary and benefits divided by 150 hours). Services provided by Board consultants, equipment rentals, and other third party costs will be charged at cost plus a 7.2% administrative fee. Upon demand by Board, Permittee shall make any additional deposits that Board determines are necessary to reimburse Board for the costs and expenses incurred by Board. In the event that the costs and expenses incurred by Board exceed the amounts deposited, Permittee shall reimburse Board for all such costs and expenses within 30 days of invoice. 5. Use of Right of Way. 5.1 Permitted Use. Permittee's entry upon and use of the Permit Area is solely for the purpose set forth in section 1.4. 5.2 Time of Use. a. Permittee shall not enter upon or use the Permit Area or any Right-of-Way until Permittee has paid the Permit Fee set forth in section I.I, paid the Expense Reimbursement Deposit set forth in section 1.2, satisfied the safely conditions set forth in section 5.3(d), and delivered to Board the evidence of insurance set forth in section 8. b. Permittee shall deliver to Board a written Flag Protection Right-of-Way Work Request, in the form attached as Exhibit B. not less than three (3) business days prior to each entry upon the Permit Area. The need for flag protection shall be determined in the sole discretion of the Board's Manager of Maintenance of Way. In the event that the Manager of Maintenance of Way determines that flag protection is necessary, Permittee shall not enter upon or use the Permit Area until flag protection has been provided. Board shall use reasonable efforts to provide flag protection on the dates Page 2 3/13/2003 \ and times of Permittee's requested entries, provided that any work by Board, BNSF, or AMTRAK. that requires flag protection shall take priority. Board shall not be liable for any costs, expenses, or claims if flag protection is not provided on Permittee's requested dates or times of entry. c. The Board's Manager of Maintenance of Way has the right to approve the dates and times that Permittee may use the Permit Area. d. This Permit and Permittee's rights hereunder shall terminate automatically upon the completion of the purpose stated in section 1.4, or at 5:00 p.m. on the Permit i Expiration Date set forth in section 1.3, which ever is first to occur. 5.3 Restrictions on Use. | a. Permittee has no right to use any portion of the Right-of-Way other than the Permit 1 Area for any purpose. / b. No use by Permittee shall interfere with or delay any railroad operations on the Right- of-Way or interfere with or cause damage to any railroad facilities. c. Permittee shall protect all railroad facilities, public improvements, public utilities, communication lines, survey and subdivision monuments, and other facilities of like character, existing or constructed during the term of this Permit upon, over, under, or across the Right-of-Way from damage from Permittee's use. Permittee shall promptly replace or repair all such improvements or facilities which are destroyed or damaged as a result of any entry by Permittee under this Permit Permittee shall bear the entire cost of replacement or repairs of any and all improvements and facilities damaged or destroyed by reason of Permittee's use under this Permit, whether such improvements or facilities are owned by Board or any other owner. Any repair or replacement shall be to the satisfaction, and subject to the approval of, the Board or the owner of the «^. - . improvements or facilities. \ d. Every individual who will be entering upon the Right-of-Way under this Permit, before entering onto the Right-of-Way, shall first attend a class conducted by the Board or the Board's designee on Railroad Worker Protection Safety rules and regulations. Permittee shall comply with the SDNR rules and regulations of the San Diego Northern Railway and the Track Safety Standards, Part 213, Subpart A-F, Class of tracks 1-5, Federal Railroad Administration (FRA) at all times while on the Right-of-Way. Such rules and regulations include, but are not limited to, the wearing of hard hats, protective goggles, reflective vests and steel-toed (or equivalent) shoes at all times while working on the Right-of-Way. All costs of the safety training and of complying with the Board's safety requirements will be at the expense of the Permittee. e. Permittee shall be solely responsible for compliance with all federal, state, and local laws, regulations, rules, and orders applicable to Permittee's entry upon and use of the * Page 3 3/13/2003 Right-of-Way. Permittee shall obtain all federal, state, and local permits and approvals applicable to Permittee's entry upon and use of the Right-of-Way. f. No object which can be moved by two persons shall be left on the Right-of-Way unattended. This requirement also applies to objects above and/or outside the Right- of-Way on the uphill side which can be thrown or rolled downhill onto the track(s). 6. Improvements and Work. 6.1 No Permanent Improvements. This Permit does not authorize Permittee to place any improvements or facilities in the Right-of-Way that will remain in the Right-of-Way after the termination of this Permit Any such improvements or facilities can be authorized only by a separate written license or agreement between Board and Permittee or the owner of the improvements or facilities, which license or agreement shall contain such other terms, conditions, covenants, representations, and warranties as Board, in Board's sole and absolute discretion, determines to be appropriate, including, without limitation, provisions relating to maintenance, term, payments for use of the Right-of-Way, relocation, indemnity, and insurance. b. Approval of Work. Permittee shall deliver to Board, for Board's review and approval, drawings, specifications, and other construction documents describing any proposed work in the Permit Area in sufficient detail to enable Board to determine the scope and nature of the proposed work and the potential effect of such work on the Right-of-Way and the train operations. Board may approve or disapprove any work in Board's sole and absolute discretion, and Board may require such changes or impose such conditions as Board, in its sole and absolute discretion, deems necessary or appropriate. In the event that Board approves any proposed work, the work by Permittee in the Permit Area shall be done in compliance with the drawings, specifications, and documents approved by Board, with the terms and conditions set forth in this Permit, and with all applicable federal, state, and local laws, roles, regulations, permits, and orders. Permittee shall only use a contractor approved by Board. Board shall have the right inspect the work to determine whether the work is performed in accordance with the terms and conditions of this Permit and to order Permittee to correct or remove any work that does not comply with the terms and conditions of this Permit Permittee shall reimburse Board for the costs of inspections and costs of furnishing any flag protection for the work. 6.3 No Representation or Warranties Regarding Work. Board's review and inspection of the drawings, specifications, construction documents, and work is for the purpose of examining the general arrangement, design, and details of the work for potential impact on the Right-of-Way and railroad operations. Board and Board's employees, consultants, and agents assume no responsibility for and make no representations or warranties, express or implied, as to the design, condition, workmanship, or adequacy of the drawings, specifications, construction documents, or work. No review, comments, requirements, or inspection shall relieve Pemittee or Permittees engineers, contractors, subcontractors, or consultants from the entire responsibility for the errors or omissions in Page 4 3/13/2003 the drawings, specifications, or construction documents, or for the quality or adequacy of the work. 6.4 Permittee's Notification Requirements. a. Permittee shall contact the Board Permit Coordinator named in section 1.5 of the Basic Permit Terms prior to the start of any construction~work for a markout of Board facilities. Please be advised that Board is not a member of Dig Alert. b. Permittee shall contact Dig-Alert at (800) 422-4133 prior to any excavation in the Right-of-Way. c. Permittee shall contact MCI Telecommunications Corporation at (888) 258-0808 prior to any excavation in the Right-of-Way. 7. Exculpation and Indemnity. i 7.1 Exculpation of Board. Board shall not be liable to Permittee for any damage to Permittee or Permittee's property from any cause. Permittee waives all claims against Board, BNSF, AMTRAK and their respective directors, officers, employees, and agents for damage to person or property arising for any reason. Permittee acknowledges that the Right-of-Way is used for operation of trains operating at high speeds. 7.2 Indemnity. Permittee hereby indemnifies, defends, and holds the Board, BNSF, AMTRAK, and their respective directors, officers, employees, and agents, harmless from and against any and all liability or claim of liability, loss or expense, including defense costs and legal fees and claims for damages of whatsoever character, nature and kind, whether directly or indirectly arising from or connected with an act or omission of Permittee, or any employee, agent, invitee, contractor of Permittee, or other person acting by or on behalf of Permittee on or about the Right-of-Way, including, but not limited to, liability, expense, and claims for bodily injury, death, personal injury, or property damage; provided, however, that nothing herein shall relieve any party - indemnified hereunder from liability to the extent that such liability arises from such party's sole established negligence or willful misconduct This indemnity shall not require payment of a claim by the Board, BNSF, AMTRAK, or any of their respective directors, officers, employees, or agents as a condition precedent to the Board's recovery hereunder. Permittee's obligation to indemnify hereunder shall not be restricted to insurance proceeds, if any, received by Board, BNSF, AMTRAK, or their respective directors, officers, employees, or agents. 7.3 Delay/Cancellation of Trains. Without limiting the indemnity set forth in section 7.2, Permittee agrees to pay all costs associated with the delay or cancellation of trains caused by Permittee. Delay charges are estimated to be $2,000 per passenger train delayed over 30 minutes and may include the cost of busing passengers around the work area, if necessary. Page 5 3/13/2003 7.4 Indemnity Not Limited to Insurance Coverage. The requirements as to the types and limits of insurance coverage to be maintained by Permittee as required by section 8, and any approval of such insurance by Board, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Permittee pursuant to this Permit, including but not limited to the provisions concerning indemnification. 8. Insurance. Permittee, at Permittee's sole cost and expense, shall procure and maintain the following insurance: 8.1 General Liability. a. Coverage for commercial general liability shall be at least as broad as Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). b. Limits shall be no less than Two million dollars ($2,000,000) or Ten Million Dollars ($10,000,000) per occurrence' for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply to the Right-of-Way (with the ISO CG 2503, or ISO CG 2504, or insurer's equivalent endorsement provided to Board) or the general aggregate limit shall be twice the required occurrence limit c. The policy shall cover bodily injury (including death) and property damage liability, owned and non-owned equipment, and blanket contractual liability. d. All policy or endorsement limitations relating specifically to operations on or i near railroad property or track shall be eliminated. 8.2 Automobile Liability. I """"'" a. Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Automobile Liability Coverage (Form CA 0001), covering Symbol 1 (any auto). •* b. Limits shall be not less than one million dollars (S1,000,000) for bodily injury and property damage each accident limit. J c. The insurance shall indemnify against loss from liability imposed by law for damages on account of bodily injury, property damage, and personal injury. The automobile i liability policy shall cover all owned, non-owned, and hired automobiles. . J • 8.3 Workers' Compensation and Employer's Liability Insurance. Permittee shall cover or i insure under the applicable laws relating to workers'compensation insurance, all of their j . employees working on or about the Right-of-Way, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any Acts amendatory thereof. Permittee shall provide employers liability f Page 6 3/13/2003 I insurance in the amount of not less than one million dollars ($1,000,000) per accident for bodily injury and disease. By his/her signature hereunder, Permittee certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake 1 self-insurance in accordance with the provisions of that code, and it will comply with 1 such provisions in connection with any work performed on the Site. Any persons providing services with or on behplf of Permittee shall be covered by workers' i compensation (or qualified self-insurance). 8.4 Required Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain the following provisions: a. North San Diego County Transit Development Board, its directors, officers, employees, contractors and agents, North County Transit District, and the San Diego Northern Railroad are to be named as additional insureds as respects liability arising out of Permittee's operations and activities or automobiles owned, leased, hired or borrowed by Permittee. The coverage shall contain no special limitations on the I scope of protection afforded to NSDCTDB, its directors, officers, employees and ; - agents, NCTD or SDNR. j b. For any claims arising from Permittee's operations or activities, Permittee's insurance ! shall be primary insurance to Board, its directors, officers, employees, contractors, agents or authorized volunteers. Any insurance, self-insurance or other coverage i maintained by Board, its directors, officers, employees, agents or authorized i volunteers shall not contribute to it , c. Any failure to comply with reporting or other provisions of the policies including j breaches of warranties shall not affect coverage provided to Board, its directors, officers, employees, contractors, agents or authorized volunteers. t| •—- - d. Permittee's insurance shall apply separately to each insured against whom claim is • made or suit is brought, except with respect to the limits of the insurer's liability. | 8.5 Policy Forms. All of the insurance shall be provided on policy forms and through .1 companies reasonably satisfactory to Board. 8.6 Acceptability of Insurers. Insurance is to be placed with insurers having a current A.M. Best rating of no less than A-, VII or equivalent or as otherwise approved by Board. 8.7 Evidences and Cancellation of Insurance. i a. Prior to execution of this Permit, Permittee shall file with Board a certificate of ' insurance signed by the insurer's representative. Such evidence shall also include confirmation that coverage includes or has been modified to include requiredI =; J ~~ . ' Page 7 3/13/2003 provisions as set forth in section 8.4. Permittee shall, upon the reasonable demand of Board, deliver to Board such policy or policies of insurance. b. Each insurance policy required by this clause shall state or be endorsed to state that coverage shall not be amended or canceled, except after thirty (30) days prior written notice by U.S. mail has been given to Board. 8.8 Permittee's Contractors or Subcontractors. Every contractor or subcontractor of Permittee entering upon, using, or performing any work upon the Right-of-way by or on behalf of Permittee shall provide evidence of insurance required under this section 8 prior to entering upon the Right-of-Way. 9. Default: Termination. 9.1 Default. If Permittee uses the Right-of-Way for any other purpose than as stated in section 1.4 of the Basic Permit Terms, or fails to act strictly in accordance with the terms and conditions of this Permit, then Board may immediately and without prior notice to Permittee terminate this Permit and prevent Permittee from using or remaining upon the Right-of-Way, with or without process of law. In the event that Permittee fails to perform any obligation under this Permit, Permittee shall pay all costs and expenses incurred by Board in obtaining performance of such obligations, including costs of suit and reasonable attorney's fees. 9.2 Removal of Work. If Permittee fails to complete any work in accordance with the terms and conditions of this Permit, Board may remove such work and restore the Right-of- Way at the expense of Permittee, and Permittee shall be liable to Board for all costs and ] damages occasioned thereby. j 9.3 Permittee's Obligations on Termination. Upon termination of this Permit, and at Permittee's sole expense, Permittee shall remove any and all equipment, tools, vehicles, j •—-'" materials, and other personal property, placed on the Right-of-Way or used in connection with Permittee's entry onto or use of the Right-of-Way and Permittee shall restore the Right-of-Way in a manner satisfactory to Board. Should Permittee fail or refuse to ! comply with the terms of this section, Board may, at its option, perform such work. I Permittee shall reimburse Board for the cost so incurred. Failure on the part of Board to perform the obligations of Permittee shall not release Permittee from liability hereunder | for loss or damage occasioned thereby. j 9.4 Continuing Obligations of Permittee. No termination or cancellation of this Permit shall I relieve or release Permittee from any liability or obligation (whether of indemnity, j payment of costs, or otherwise) which may have attached or accrued previous to or which may be accruing at the time of such termination or cancellation. i | 10. Notices. Except as otherwise provided in this Permit, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery or by certified or registered mail, and shall be deemed sufficiently given if delivered or addressed to Tenant at Page 8 3/13/2003 the address in section 1.7 of the Basic Permit Terms or to Board at North San Diego County Transit Development Board, 810 Mission Avenue, Oceanside, CA 92054, Attention: Manager of Real Estate. Mailed notices shall be deemed given upon actual receipt at the address required, or forty-eight hours following deposit in the mail, postage prepaid, whichever first occurs. Either party may by notice to the other specify a different address for notice purposes. "•s, 11. Permittee's Agents. Any contractor or subcontractor performing work on, or in connection with the Permittee's use of or entry onto the Right-of-Way pursuant to this Permit, shall be conclusively deemed to be the servant and agent of Permittee, acting on behalf and within the scope of such contractor's or subcontractor's employment for Permittee. 12. Board Agents. Except as otherwise provided in this Permit, the term Board shall include Board's staff and employees. 13. Board Contacts. The Board Permit Coordinator named in section 1.5 serves as a liaison between Board staff and Permittee tp assist Board staff in the coordination of the reviews, approvals, and scheduling of Board activities in connection with this Permit The Board Permit Coordinator does not have the authority make agreements on behalf of Board or bind Board to any decision. 14. Covenant of Non-Discrimination. Permittee covenants for itself and its successors and assigns, and all persons claiming under and through Permittee, that there shall be no discrimination or segregation of any person or group of persons on account of sex, marital status, race, color, creed, religion, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of any portion of the Right-of-Way. 15. No Partnership. Joint Venture or Principal-Agent Relationship Nothing contained in this Permit shall be deemed or construed to create the relationship of principal and agent, or of joint venture, or of partnership between Permittee and Board. 16. General Provisions. 16.1 No Further Rights. a. This Permit constitutes a permit only to enter upon and use the Right-of-Way for the purpose set forth in section 1.4 of the Basic Permit Terms and shall not be construed as granting to Permittee any right-of-possession, estate, title or interest whatsoever in or to the Right-of-Way, or any part thereof. b. Permittee hereby acknowledges that it has been informed that Board is a public entity and that the subject property has previously been acquired by Board for a public purpose. Permittee further acknowledges that any rights acquired under this Permit arose after the date of acquisition of the subject property and that such rights are subject to termination when the property is needed by Board for the public purpose. Permittee hereby acknowledges and agrees that at the time of Page 9 3/13/2003 » ii termination of this Permit by Board, Permittee will not be a "displaced person" entitled to any of the relocation assistance or benefits offered to displaced persons under State or Federal law. 16.2 Modification of Permit. This Permit and any provision, covenant, condition, or restriction contained herein may be extended, modified, ojr amended with the unanimous consent of the Parties. No such extension, modification or amendment will be effective until a written instrument setting forth its terms has been executed by Board and Permittee. 16.3 Captions The captions of this Permit arc inserted only as a matter of convenience and for reference. It does not define, limit or describe the scope of intent of this Permit, and they shall not affect the interpretation thereof. 16.4 Agreement for Exclusive Benefit of Parties Except where expressly provided otherwise in this Permit, the provisions of this Permit are for the exclusive benefit of the Parties hereto and not for the benefit of any other person nor shall this Permit be deemed to have conferred any rights, express or implied, upon any other person. Neither Permittee, its heirs, legal representatives, successors or assigns, nor any subsequent assignee, shall assign this Permit or any interest herein, without first securing the written consent of Board in each instance, and that at the option of Board, this Permit shall be forfeited by any such unauthorized assignment, transferor lease or by any assignment or transfer thereof by operation of law. 16.5 Waiver of Default A waiver by any Party of any default by another Party must be in writing, and no such waiver shall be implied from any omission by a Party to take any action in respect of such default No express written waiver of any default shall affect any default or cover any period of time other than the default and period of time specified in such express waiver. One or more written waivers of any default in the performance of any provision of this Permit shall not be deemed to be a waiver of any subsequent default in the performance of the same provision or any other term or provisions contained herein. The consent or approval by a Party to or of any act or request by another Party requiring consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar acts or requests. 16.6 Successors. This Permit shall be binding upon and mure to the benefit of the parties hereto and their respective successors and assigns of the parties. 16.7 Governing Laws. This Permit shall be construed, interpreted, governed and enforced in i1! accordance with the laws of the State of California. jl f 16 8 Time of Essence. Time is of the essence with respect to the performance of each of the covenants and agreements contained in this Permit. Page 10 3/13/2003 i 16.9 Severabilitv. If any clause, sentence, or other portion of the terms, conditions, covenants, and restrictions of this Permit becomes or is declared to be illegal, null, or void for any reason, or be held by any court of competent jurisdiction to be so, the remaining portions of this Permit will remain in full force and effect. Emergency Number. Permittee shall immediately notify the Dispatcher at the Emergency Number set forth in section 1.7 if the tracks become fouled in any way. NORTH SAN DIEGO COUNTY Permittee: TRANSIT DEVELOPMENT BOARD By: By:. Karen H. King Executive Director / Title: Page It 3/13/2003 ENVIRONMENTAL DIVISION, .OCAL ASSISTANCE LIAISON V1EMO Date: 7/31/2003 To: TONYTOMERA Fronu RFchalene Kelsay RE Carlsbad Blvd. Bridge Seismic Project - Compleffon of NEPA Processing 1 have received all the relevant environmental technical studies and documentation. This project meets the criteria for applicability of the 'Categorical Exemption/Exclusion Determination" for seismic safety retrofit projects signed by FHWA on 2/5/BO. So long as the project does not change,'no further environmental processing wfl! be required for NEPA If, however, the project changes, this determination will require reevaluatfon. Attachments 7731/2003 r' I* of California . jmorandum fJualnass, Transportation and Housing Ag«nc> *: District DirectorsRoberta - Division of Structures p. H. Benjamin - local Streets ' ' . JTon Bandow - Central Design I February 15, 1S90 '*'''•DEPARTMENT OFTRANSPOHTATJON • '• DIVISION OF PROJECT DEVELOPMENT - OFFICE OF ENVIRONMENTAL ANALYSIS • •. *Categorical Exemption/Exclusion for Seismic Safety Retrofit Project Caltrana and rBKA. have approved a categorical oxoxrcption/exclusion. for tbo soiaxnic safety retrofit project." Although ±t covera the majority of the retrofit work, it ia applicable only to installationa meeting- the criteria ahovn on the form.' item mat coxitintao to uao Caltrans' normal procoduro to verify that the OS/C& in. appropriate, and there must bo information in the project file to anppoxrfc the determination. In many caoea this, only needs to bo atructure photoa and a notation from the field review.i Thin determination does not apply to those installations in the seismic safety retrofit project that do not fat the proposal ascription and purpose, or that involve direct work, in wetlands or .listoric properties (including historic bridges that are in Categories 1 to 4 of Caltrans Bridge Inventory 'as eligible, listed, or potentially eligible for the National Ztogister] . ITor such properties, an individual categorical exclusion or the appropriate environmental document will be processed. Environmental clearance notation fox individual installations covered by this determination for Project Reports should cite the Categorical Exemption dated January 31, 1590. For redoral-add programming the notation ohould appear on the FKH-76 in t.he Environmental Status aloeJc: "Cat. exclusion, seismic retrofit, Pebroary Sf 1990". * » The Division of. Structurea for Caltrana projects, and the Office of ioeal Streets and Roads for local agency projects, will furnish to •B»A a complete Hat of proposed retrofit installationa and, at the close of the Federal fiscal year or other appropriate tiano, a list of installations for which this categorical exclusion has been used . W. ^±ACKMER," Chief Enviaromnontal Analysis X aclunent oc: BOJC WPSmith 2 2 1990 KXCXaxk CATSGOKXCAJ, • . Seismic Safety Retrofit Project pursuant *« «n-^««^ ' ^ .Code Article 4.8.. Pursuant to Streets, and Highways "-bxd0" oa xoad tie °r piers with capacity, the Proposal Description and Purpooo- !Phi* » for seismic retrofits of e*isti£g publicv State highway system, city and systems. It includes structures. Tha work auperstructure 'members cables, enlarging or m and retrofitting coliamns vith steal reconstruction, or similar ££* vithin existing right of vay. There vil- overall general stiuctx.ro appearaScl. n° Categorical Exclusion (NEPA) '' Tho action does not have anv aicrn) -PS «-,-*. ^ as described in 23 CFR 77l7li7(|, ±af *?* envi«naental impacts proposal does not involve direct work ?» S*!? ^der this properties eligible fox thrS11 °r hisfcorio Cal trans Betomination : Based on an examination of this pror>0»ai 4^-4 j ^ xt as categorically exempt, ciasS JP laifcio is determined that Environmental Regulations (CEQA) ai«i ??^ a^1£10'1 of Caltranscategorically exclnadea iV-*UA'' a«a it 13 determined to ba Analysis Date TEHA Determination: • Based on the evaluation *f *•».• " -it meets the cSJer^o/fnSIs SSS?1' ^ is d^oCTined thatCategorical Exclusion. ? Properly classified as a I Date" TOTRL P. 03 APPENDIX B: FEDERAL WAGE RATES WAIS Document Retrieval Page 1 of 22 GENERAL DECISION: CA20030001 09/09/2005 CA1 Date: September 9, 2005 General Decision Number: CA20030001 09/09/2005 Superseded General Decision Number: CA020001 State: California Construction Types: Building, Heavy (Heavy, and Dredging), Highway and Residential County: San Diego County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS; RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories) Modification Number Publication Date 0 06/13/2003 1 01/30/2004 2 02/13/2004 3 03/12/2004 4 03/26/2004 5 05/21/2004 6 07/16/2004 7 08/27/2004 8 10/08/2004 9 11/19/2004 10 01/14/2005 11 01/28/2005 12 02/11/2005 13 04/08/2005 14 06/17/2005 15 07/22/2005 16 08/05/2005 17 08/19/2005 18 09/09/2005 ASBE0005-002 08/01/2004 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems)...$ 34.06 9.84 ASBE0005-004 01/01/2004 Rates Fringes Asbestos Removal worker/hazardous material http.7/frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20... 10/24/2005 WAIS Document Retrieval Page 2 of22 handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not)..$ 15.75 2.55 * BOIL0092-003 01/01/2005 Rates Fringes Boilermaker $32.09 17.86 BRCA0004-008 05/01/2005 Rates Fringes Bricklayer; Marble Setter $ 29.00 8.20 BRCA0018-004 09/01/2004 Rates Fringes Marble Finisher $ 20.70 5.81 Tile Finisher $ 17.25 5.16 Tile Layer $27.50 9.37 BRCA0018-010 09/01/2004 Rates Fringes Terrazzo Finisher $ 21.89 7.76 Terrazzo Worker $ 29.13 7.76 CARP0409-002 07/01/2005 Rates Fringes Diver (1) Wet $ 557.44 8.47 (2) Standby $278.72 8.47 (3) Tender $ 270.72 8.47 Amounts in "Rates' column are per day CARP0409-008 07/01/2003 Rates Fringes Modular Furniture Installer (1) Mobile Filing System Installer $ 13.76 5.80 (2) Modular Furniture Installer $ 14.36 5.80 (3) Full Wall Technician $ 20.47 5.80 Full Wall Technician $ 20.47 5.80 Mobile Filing System Installer $ 13.76 5.80 http://fiwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20... 10/24/2005 WAIS Document Retrieval Page 3 of 22 Modular Furniture Installer.$ 14.36 CARP0547-001 07/01/2005 Rates Carpenters: (1) Bridge $ 31.64 (2) Commercial Building....$ 28.06 (3) Heavy & Highway $ 31.51 (4) Residential / Light Commercial $ 24 Millwright $ Piledriver $ 5.80 75 32.01 31.64 Fringes 8.47 8.47 8.47 8.47 8.47 8.47 CARP0547-002 07/01/2005 Rates Fringes Drywall (1) Work on wood framed construction of single family residences, apartments or condominiums under four stories Drywall Installer/Lather...$ 19.00 6.47 Drywall Stocker/Scrapper...$ 11.00 4.96 (2) All other work Drywall Installer / Lather.$ 24.96 6.47 Drywall Stocker/Scrapper...$ 11.00 4.96 ELEC0569-001 12/01/2003 Rates Fringes Electrician (Residential 1-3 Stories) $ 18.50 3%+5.73 Electricians (Tunnel Work) Csble Splicer $33.47 3%+9 . 55 Electrician $ 32.63 3%+9.55 Electricians: (All other work including 4-story Residential) Cable Splicer $ 29.75 3%+9.95 Electrician $ 29.00 3%+9.55 ELEC0569-005 12/01/2003 Rates Fringes Sound & Communications Soundman Technician $ 21.45 3%+7.58 Soundman $ 16.09 3%+6.16 Telephone Interconnect Technician $ 19.31 3%+6.47 SOUND TECHNICIAN: Terminating, operating and performing final check-out SOUNDMAN: Wire-pulling, splicing, assembling and installing devices http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20... 10/24/2005 i WAIS Document Retrieval Page 4 of 22 SCOPE OF WORK Assembly, installation, operation, service and maintenance of components or systems as used in closed circuit television, amplified master television distribution, CATV on private property, intercommunication, burglar alarm, fire alarm, life support and all security alarms, private and public telephone and related telephone interconnect, public address, paging, audio, language, electronic, background music system less than line voltage or any system acceptable for class two wiring for private, commercial, or industrial use furnished by leased wire, frequency modulation or other recording devices, electrical apparatus by means of which electricity is applied to the amplification, transmission, transference, recording or reproduction of voice, music, sound, impulses and video. Excluded from this Scope of Work - transmission, service and maintenance of background music. All of the above shall include the installation and transmission over fiber optics. ELEC0569-006 12/01/2003 Work on street lighting; traffic signals; and underground systems and/or established easements outside of buildings Rates Fringes Traffic signal, street light and underground work Utility Technician #1 $ 18.15 3%+5.57 Utility Technician #2 $ 16.50 3%+5.57 STREET LIGHT & TRAFFIC SIGNAL WORK: UTILITY TECHNICIAN il: Installation of street lights and traffic signals, including electrical circuitry, programmable controller, pedestal-mounted electrical meter enclosures and laying of pre-assembled cable in ducts. The layout of electrical systems and communication installation including proper position of trench depths, and radius at duct banks, location for manholes, street lights and traffic signals. UTILITY TECHNICIAN 12: Distribution of material at jobsite, installation of underground ducts for electrical, telephone, cable TV land communication systems. The setting, leveling, grounding and racking of precast manholes, handholes and transformer pads. ELEC1245-001 06/01/2005 Rates Fringes Line Construction (1) Lineman; Cable splicer..$ 36.51 3.75%+10.03 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacx)n&docid=CA20... 10/24/2005 WAIS Document Retrieval Page 5 of 22 and below), and overhead and underground distribution line equipment) $ 31.03 3.75%+9.25 (3) Groundman $23.73 3.75%+9.25 (4) Powderman $ 34.69 3.75% + 9.29 ELEV0018-001 01/01/2005 Rates Fringes Elevator Mechanic $ 38.22 12.015 FOOTNOTE: Vacation Pay: 8% with 5 or more years of service, 6% for 6 months to 5 years service. Paid Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Friday after, and Christmas Day. ENGI0012-003 07/01/2005 Rates Fringes Power Equipment Operators (Cranes, Piledriving & Hoisting) GROUP 1 $31.45 14.95 GROUP 2 $32.23 14.95 GROUP 3 $32.52 14.95 GROUP 4 $32.66 14.95 GROUP 5 $32.88 14.95 GROUP 6 $32.99 14.95 GROUP 7 $33.11 14.95 GROUP 8 $33.28 14.95 GROUP 9 $33.45 14.95 GROUP 10 $34.45 14.95 GROUP 11 $35.45 14.95 GROUP 12 $36.45 14.95 GROUP 13 $37.45 14.95 Power Equipment Operators (Tunnel Work) GROUP 1 $32.73 14.95 GROUP 2 $33.02 14.95 GROUP 3 $33.16 14.95 GROUP 4 $33.38 14.95 GROUP 5... $33.49 14.95 GROUP 6 $33.61 14.95 GROUP 7 $33.91 14.95 Power Equipment Operators GROUP 1 $30.10 14.95 GROUP 2 $30.88 14.95 GROUP 3 $31.17 14.95 GROUP 4 $32.16 14.95 GROUP 5 $33.76 14.95 GROUP 6 $32.88 14.95 GROUP 7... $33.98 14.95 GROUP 8 $32.99 14.95 GROUP 9 $34.09 14.95 GROUP 10 $33.11 14 . 95 GROUP 11 $34.21 14 . 95 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20... 10/24/2005 WAIS Document Retrieval Page 6 of 22 »GROUP 12 $33.28 14.95 GROUP 13 $33.38 14.95 GROUP 14 $ 33.41 14.95 GROUP 15 $ 33.49 14.'95 GROUP 16 $ 33.61 14.95 GROUP 17 $ 33.78 14.95 GROUP 18 $ 33.88 14.95 GROUP 19 $33.99 14.95 . GROUP 20 $ 34.11 14.95 GROUP 21 $34.28 14.95 GROUP 22 $ 34.38 14.95 GROUP 23 $ 34.49 14.95 GROUP 24 $ 34.61 14.95 GROUP 25 $ 34.78 14.95 FOOTNOTES: PREMIUM PAY of $3.75 per hour shall be paid on all power equipment operator work at Camp Pendleton, Point Arguello, and Vandenburg AFB. Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator»operator-inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt-rubber plant operator (nurse tank operator); Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine oeprator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (side steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (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 economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway»signalman; Horizontal Directional Drilling Machine; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20... 10/24/2005 WAIS Document Retrieval Page 7 of 22 concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator (including water wells); Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 7: Welder - General GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pumpcrete gun operator; Rock Drill or similar types; Rotary http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20... 10/24/2005 WAIS Document Retrieval Page 8 of 22 drill operator (excluding caisson type); Rubber-tired earth-moving equipment operator {single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol-blade operator (single engine); Multiple engine tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units) http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20... 10/24/2005 WAIS Document Retrieval Page 9 of 22 GROUP 13: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine. Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine-up to and including 25 yds. struck) GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple 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 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20... 10/24/2005 WAIS Document Retrieval Page 10 of 22 multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20... 10/24/2005 WAIS Document Retrieval Page 11 of 22 operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power-driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) 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 repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or http://frwebgate.access.gpo.gov/cgi-binygetdoc.cgi?dbname=Davis-Bacon&docid=CA20... 10/24/2005 WAIS Document Retrieval Page 12 of 22 track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGI0012-004 08/01/2005 Rates Fringes Power equipment operators: (DREDGING) (1) Leverman $ 38.10 14.95 (2) Dredge dozer $ 33.63 14.95 (3) Deckmate $ 33.52 14.95 (4) Winch operator (stern winch on dredge) $ 32 . 97 14.95 (5) Fireman-Oiler, Deckhand, Bargeman, Leveehand $ 32.43 14.95 (6) Barge Mate $ 33.04 14.95 * IRON0002-004 07/01/2005 Rates Fringes Ironworkers: Fence Erector $ 31.16 15.285 Ornamental, Reinforcing and Structural $ 32.06 15.285 PREMIUM PAY: $3.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $2.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallen Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $1.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock * LAB00089-001 07/01/2005 Rates Fringes http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20... 10/24/2005 WAIS Document Retrieval Page 13 of 22 Laborers (RESIDENTIAL CONSTRUCTION - See definition below) (1) Cleanup, Landscaping, Fencing (chain link or wood)$ 19.39 9.44 (2) All other work $ 20.53 9.44 Laborers: (BUILDING and all other Residential Construction) Group 1 $22.48 10.85 Group 2 $ 23.08 10.85 Group 3 $ 23.71 10.85 Group 4 $25.47 10.85 Group 5 $ 25.86 10.85 9.44RESIDENTIAL DEFINITION: Wood or metal frame construction of single family residences, apartments and condominums - excluding (a) projects that exceed three stories over a garage level, (b) any utility work such as telephone, gas, water, sewer and other utilities and (c) any fine grading work, utility work or paving work in the future street and public right-of-way; but including all rough grading work at the job site behind the existing right of way LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete Screeding for Rought Strike-off; Concrete, water curing; Demolition laborer; Flagman; Gas, oil and/or water pipeline laborer; General Laborer; General clean-up laborer; Landscape laborer; Jetting laborer; Temporary water and air lines laborer; Material hoseman (walls, slabs, floors and decks); Plugging, filling of Shee-bolt holes; Dry packing of concrete; Railroad maintenance, Repair Trackman and road beds, Streetcar and railroad construction trac laborers; Slip form raisers; Slurry seal crews (mixer operator, applicator operator, squeegee man, Shuttle man, top man), filing of cracks by any method on any surface; Tarman and mortar man; Tool crib or tool house laborer; Window cleaner; Wire Mesh puling-all concrete pouring operations GROUP 2: Asphalt Shoveler; Cement Dumper (on 1 yard or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute man, pouring concrete, the handling of the cute from ready mix trucks, such as walls, slabs, decks, floors, foundations, footings, curbs, gutters and sidewalks; Concrete curer-impervious membrane and form oiler; Cutting torch operator (demoliton); Guinea chaser; Headboard man-asphlt; Laborer, packing rod steel and pans; membrane vapor barrier installer; Power broom sweepers (small); Riiprap, stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Tank sealer and cleaner; Tree climber, faller, chain saw operator, Pittsburgh Chipper and similar type brush shredders; Underground laborers, including caisson bellower GROUP 3: Buggymobile; Concrete cutting torch; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2 1/2 feet drill steel or longer; Dri Pak-it machine; High sealer (including http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20... 10/24/2005 WAIS Document Retrieval Page 14 of 22 drilling of same); Hydro seeder and similar type; Impact wrench, mult-plate; Kettlemen, potmen and mean applying asphalt, lay-kold, creosote, line caustic and similar, type materials (applying means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operators •of pneumatic, gas, electric tools, vibratring machines, pavement breakers, air blasting, come-along, and similar mechanicl tools not separately classified herein; Pipelayers back up man coating, grouting, making of joints, sealing, caulking, diapering and inclduing rubber gasket joints, pointing and any and all other services; Rotary Scarifier or multiple head concrete chipping scaarifier; Steel header board man and guideline setter; Tampers, Barko, Wacker and similar type; Trenching machine, handpropelled GROUP 4: Asphalt raker, luterman, ironer, apshalt dumpman and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), Grinder or sander; Concrete saw man; cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Laser beam in connection with laborer's work; Oversize concrete vibrator operator 70 pounds and over; Pipelayer performing all services in the laying, installation and all forms of connection of pipe from the point of receiving pipe in the ditch until completion of oepration, including any and all forms of tubular material, 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 product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzleman), Porta shot-blast, water blasting GROUP 5: Blasters Powderman-All work of loading holes, placing and blasting of all pwder and explosives of whatever type, regardless of method used for such loading and placing; Driller- all power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power. * LAB00089-002 05/01/2005 Rates Fringes Mason Tender $ 21.90 10.04 * LABO0089-004 07/01/2005 HEAVY AND HIGHWAY CONSTRUCTION Rates Fringes http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20... 10/24/2005 WAIS Document Retrieval Page 15 of 22 Laborers: GROUP 1 $ 22.02 10.85 GROUP 2 $22.46 10.85 GROUP 3 $ 22.85 10.85 GROUP 4 $ 23.66 10.85 GROUP 5 $ 24.74 10.85 LABORER CLASSIFICATIONS GROUP 1: Laborer: General or Construction Laborer, Landscape Laborer. Asphalt Rubber Material Loader. Boring Machine Tender (outside), Carpenter Laborer (cleaning, handling, oiling & blowing of panel forms and lumber), Concrete Laborer, Concrete Screeding for rough strike-off, Concrete water curing. Concrete Curb & Gutter laborer, Certified Confined Space Laborer, Demolition laborer & Cleaning of Brick and lumber,Expansion Joint Caulking; Environmental Remediation, Monitoring Well, Toxic waste and Geotechnical Drill tender, Fine Grader, Fire Watcher, Limbers, Brush Loader, Filers and Debris Handlers, flagman. Gas Oil and Water Pipeline Laborer. Material Hoseman (slabs, walls, floors, decks); Plugging, filling of shee bolt holes; Dry packing of concrete and patching; Post Holer Digger (manual); Railroad maintenance, repair trackman, road beds; Rigging & signaling; Sealer, Slip-Form Raisers, Filling cracks on any surface, tool Crib or Tool House Laborer, Traffic control (signs, barriers, barricades, delineator, cones etc.), Window Cleaner GROUP 2: Asphalt abatement; Buggymobile; Cement dumper (on 1 yd. or larger mixers and handling bulk cement); Concrete curer, impervious membrane and form oiler; Chute man, pouring concrete; Concrete cutting torch; Concrete pile cutter; driller/Jackhammer, with drill steel 2 I/'2 feet or longer; Dry pak-it machine; Fence erector; Pipeline wrapper, gas, oil, water, pot tender & form man; Grout man; Installation of all asphalt overlay fabric and materials used for reinforcing asphalt; Irrigation laborer; Kettleman-Potman hot mop, includes applying asphalt, lay-klold, creosote, lime caustic and similar tyhpes of materials (dipping, brushing, handling) and waterproofing; Membrane vapor barrier installer; Pipelayer backup man (coating, grouting, making of joints, sealing caulkiing, diapering including rubber basket jlints, pointing); Rotary scarifier, multiple head concrete chipper; Rock slinger; Roto scraper & tiller; Sandblaster pot tender; Septic tank digger/installer; Tamper/wacker operator; Tank sealer & cleaner; Tar man & mortar man; Tree climber/faller, chainb saw operator, Pittsburgh chipper & similar type brush shredders. GROUP 3: Asphalt, installation of all frabrics; Buggy Mobile Man, Bushing hammer; Compactor (all types), Concrete Curer - Impervious membrane, Form Oiler, Concrete Cutting Torch, Concrete Pile Cutter,Driller/Jackhammer with drill steel 2 1/2 ft or longer. Dry Pak-it machine, Fence erector including manual post hole digging, Gas oil or water Pipeline Wrapper - 6 ft pipe and over, Guradrail erector, Hydro seeder, Impact Wrench man (multi plate), kettleman-Potman Hot Mop includes applying Asphalt, http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20... 10/24/2005 WAIS Document Retrieval Page 16 of 22 Lay-Kold, Creosote, lime caustic and similar types of materials (dipping, brushing or handling) and waterproofing. Laser Beam in connection with Laborer work. High Sealer, Operators of Pneumatic Gas or Electric Tools, Vibrating Machines, Pavement Breakers, Air Blasting, Come-Alongs and similar mechanical tools, Remote-Controlled Robotic Tools in connection with Laborers work. Pipelayer Backup Man (Coating, grouting,m makeing of joints, sealing, caulking, diapering including rubber gasket joints, pointing and other services). Power Post Hole Digger, Rotary Scarifier (multiple head concrete chipper scarifier), Rock Slinger, Shot Blast equipment (8 to 48 inches), Steel Headerboard Man and Guideline Setter, Tamper/Wacker operator and similar types, Trenching Machine hand propelled. GROUP 4: Any worker exposed to raw sewage. Asphalt Raker, Luteman, Asphalt Dumpman, Asphalt Spreader Boxes, Concrete Core Cutter, Concrete Saw Man, Cribber, Shorer, Head Rock Slinger. Installation of subsurface instrumentation, monitoring wells or points, remediation system installer; Laborer, asphalt-rubber distributor bootman; Oversize concrete vibrator operators, 70 pounds or over. Pipelayer, Prfefabricated Manhole Installer, Sandblast Nozzleman (Water Balsting-Porta Shot Blast), Traffic Lane Closure. GROUP 5: Blasters Powderman-All work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Horizontal directional driller, Boring system, Electronic traking, Driller: all power drills excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and all other types of mechanical drills without regard to form of motive power. Environmental remediation, Monitoring well, Toxic waste and Geotechnical driller, Toxic waste removal. Welding in connection with Laborer's work. LAB00882-001 01/01/2005 Rates Fringes Asbestos Removal Laborer $ 22.50 10.10 SCOPE OF WORK: includes site mobilization, initial site clean-up, site preparation, removal of asbestos-containing material and toxic waste (including lead abatement and any other toxic materials), encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste (including lead abatement and any other toxic materials) by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers, and assembly of decontamination stations. LAB01184-001 07/01/2005 Rates Fringes Laborers: (STRIPING/SLURRY SEAL) http://fiwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20... 10/24/2005 WAIS Document Retrieval Page 17 of 22 GROUP 1 $ 22 . 67 11.19 GROUP 2 $23.97 11.19 GROUP 3 $25.98 11.19 GROUP 4 $27.72 11.19 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment PAIN0036-004 07/01/2005 Rates Fringes Painters: (Including Lead Abatement) Building & Heavy Construction $ 26.67 7.49 Painters: Residential Construction....$ 20.05 5.10 PAIN0036-010 10/01/2004 Rates Fringes Drywall Finisher (1) RESIDENTIAL CONSTRUCTION Applies to work performed on wood frame apartments, single family homes and multi- http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20... 10/24/2005 WAIS Document Retrieval Page 18 of 22 duplexes up to and including four stories $ 18.00 5.51 (2) ALL OTHER RESIDENTIAL WORK $ 20.40 8.78 (3) BUILDING & HEAVY $ 20.40 8.78 PAIN0036-012 09/07/2004 Rates Fringes Glazier $ 28.00 10.75 PAIN0036-019 02/01/2005 Rates Fringes Soft Floor Layer $20.82 7.90 PLAS0200-005 01/01/2005 Rates Fringes Plasterer $24.03 7.12 NORTH ISLAND NAVAL AIR STATION, COLORADO NAVAL AMPHIBIOUS BASE, IMPERIAL BEACH NAVAL AIR STATION: $3.00 additional per hour. PLAS0500-001 06/28/2005 Rates Fringes Cement Mason GROUP 1 $23.79 6.33 GROUP 2 $ 25.44 6.33 GROUP 3 $28.12 6.43 CEMENT MASONS - work inside the building line, meeting the following criteria: GROUP 1: Residential wood frame project of any size; work classified as Type III, IV or Type V construction; interior tenant improvement work regardless the size of the project; any wood frame project of four stories or less. GROUP2: Work classified as type I and II construction GROUP 3: All other work PLUM0016-006 07/01/2005 Rates Fringes Plumber, Pipefitter, Steamfitter (1) Work on strip malls, light commercial, tenant improvement and remodel work$ 24.19 10.44 (2) Work on new additions and remodeling of http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Dayis-Bacon&docid=CA20... 10/24/2005 WAIS Document Retrieval Page 19 of 22 commercial buildings, bars, restaurants, and stores not to exceed 5,000 sq. ft. of floor space $ 30.32 (3) All other work $ 31.36 (4) Camp Pendleton $ 33.61 12.06 12.63 12.63 PLUM0016-011 07/01/2005 Rates Plumber/Pipefitter Residential $ 25.32 Fringes 9.88 PLUM0345-001 07/01/2005 Rates Fringes Plumbers Landscape/Irrigation Fitter.$ 23.98 11.85 Sewer & Storm Drain Work....$ 21.06 12.21 * ROOF0045-001 08/01/2005 Rates Fringes Roofer (including Built Up, Composition and Single Ply)....$ 21.95 5.38 SFCA0669-001 01/01/2005 Rates Fringes Sprinkler Fitter, Fire $ 24.50 11.50 SHEE0206-001 07/01/2005 Rates Fringes Sheet metal worker Camp Pendleton $ 29.93 13.88 Remainder of San Diego County $ 27.93 13.88 Sheet Metal Sheet Metal Technician $ 20.66 4.53 SHEET METAL TECHNICIAN - SCOPE: a. Existing residential buildings, both single and multi-family, where each unit is heated and/or cooled by a separate system b. New single family residential buildings including tracts, c. New multi-family residential buildings, not exceeding five stories of living space in height, provided each unit is heated or cooled by a separate system. Hotels and motels are excluded. d. LIGHT COMMERCIAL WORK: Any sheet metal, heating and air conditioning work performed on a project where the total construction cost, excluding land, is under $1,000,000 e. TENANT IMPROVEMENT WORK: Any work necessary to finish interior spaces to conform to the occupants of commercial buildings, after completion of the building shell http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20... 10/24/2005 WAIS Document Retrieval Page 20 of 22 TEAM0036-001 06/01/2002 Rates Fringes Truck drivers: GROUP 1 $ 10.76 11.12 GROUP 2 $20.35 11.12 GROUP 3 $ 20.55 11.12 GROUP 4 $ 20.75 11.12 GROUP 5 $20.95 11.12 GROUP 6 $ 21.45 11.12 GROUP 7 $ 22 . 95 11.12 FOOTNOTE: HAZMAT PAY: Work on a hazmat job, where hazmat certification is required, shall be paid, in addition to the classification working in, as follows: Levels A, B and C - +$1.00 per hour. Workers shall be paid hazmat pay in increments of four (4) and eight (8) hours. TRUCK DRIVER CLASSIFICATIONS GROUP 1: Swamper; fuel person (fueler without trucks) GROUP 2: Two-axle dump trucks; two-axle flat bed; bunkerman concrete pumping truck; industrial lift truck; forklift under 15,000 Ibs GROUP 3: Two-axle water truck; three-axle dump truck; three- axle flat bed; erosion control nozzleman; dumpcrete truck less than 6 1/2 ydOO; forklift 15,000 Ibs. and over; Prell truck; pipeline work truck driver; road oil spreader, cement distributor or slurry driver; bootman; Ross carrier GROUP 4: Off-road dump trucks under 35 tons mfg rated capacity; four axles but less than seven axles; low-bed truck and trailer; transit mix trucks under 8 yds.; three axle water trucks; erosion control drive; grout mixer truck; dumpcrete, 6- 1/2 yds. and over; dumpster trucks; DW 10's, 20's and over; fuel truck and dynamite; truck greaser; truck mounted mobile sweeper; winch truck, two axles GROUP 5: Off-road dump trucks 35 tons and over mfg rated capacity; 7 axles or more; transit mix trucks 8 yds. and over; A- frame trucks or Swedish crane; tireman, winch truck 3 axles or more GROUP 6: Off-road special equipment (including but not limited to water pull tankers, Athey wagons, DJB, B70 Euclids or like equipment) GROUP 7: Repairman WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20... 10/24/2005 WAIS Document Retrieval Page 21 of 22 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 (29CFR 5.5 (a) (1) (ii)) . In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to; Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20... 10/24/2005 WAIS Document Retrieval Page 22 of 22 interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon«&;docid=CA20... 10/24/2005 I APPENDIX C: V "Guidelines for Projects on or Adjacent to Railroad Right-of-Way" (NCTD) Relations with Railroads Rev. 6/27/03 GUIDELINES FOR PROJECTS ON OR ADJACENT TO RAILROAD RIGHT-OF-WAY 1. WORKING RELATIONSHIP WITH RAILROAD 2. SUMMARY OF COSTS 3. ENCROACHMENT PERMIT REQUIREMENTS 4. PLAN SUBMITTAL & REVIEW PROCESS 5. FLAG PROTECTION 6. PROTECTION OF RAILROAD FACILITES 7. RAILROAD WORKER SAFETY TRAINING CLASS 8. TEMPORARY CLEARANCES 9. SITE CLEAN UP 10. INSURANCE 11. CONTACT INFORMATION 12. EXHIBITS FOR SPECIAL PROJECTS A. BRIDGE ERECTION B. SHEETING AND SHORING C. PROTECTIVE SHIELDS Page 2 of 15 Relations with Railroads Rev. 6/27/03 1. WORKING RELATIONSHIP a. Where a Contractor must work in or adjacent to right-of-way (ROW) owned by either North County Transit District (NCTD) or the San Diego Metropolitan Transit Development Board (MTDB), the Contractor shall cooperate with NCTD, the San Diego Northern Railroad (SDNR), MTDB, the SouthenfCalifornia Regional Rail Authority (SCRRA), the Burlington Northern and Santa Fe Railway Company (BNSF), and the National Railroad Passenger Corporation (AMTRAK), hereinafter individually and collectively referred to as the "RAILROAD". b. The Contractor shall cooperate with the RAILROAD where work is over, under or adjacent to the tracks, or within the limits of/F?AILROAD property, in order to expedite the work and to avoid interference with the operations of RAILROAD equipment c. RAILROAD will cooperate with/the Contractor so that work may be handled in an efficient manner. However, the Contractor shall have no claim for damages, extension of time, or extra compensation in the event his work is held up by any of the work to be performed by the RAILROAD, or because Contractor's work is held up due to work stoppages required by RAILROAD due to RAILROAD'S operations. d. RAILROAD shall have the absolute right to cause the Contractor's work on RAILROAD property to cease if, in the opinion of RAILROAD, Contractor's activities create a hazard to RAILROAD'S property, employees, and/or operations. 2. SUMMARY OF COSTS a. The Contractor must obtain a Right-of-Entry Permit. The cost of the Permit, unless exceptional in nature, is $ 500.00. See Section 3. b. Flag protection is required. The Contractor will deposit funds with NCTD to cover the cost of flag protection, estimated at $78 per hour with a four hour minimum per flagman. See Section 5. c. Railroad Worker Safety Training class is required for all workers who will be working in the ROW. Training conducted in a group setting will be at a minimum cost of $ 300 per training session. See Section 7. d. Submittal review, construction oversight and quality assurance are required on projects at NCTD's sole discretion. See Section 4. This cost shall be borne by the Contractor. e. The Contractor must deposit funds with NCTD in the amount determined by NCTD to pay the estimated cost of safety training, flag protection, submittal review, Page 3 of 15 Relations with Railroads Rev. 6/27/03 construction oversight and quality assurance and work to be done by RAILROAD (if any) as a condition precedent to the issuance of a "Right of Entry Permit" for the ; Contractor's work in the ROW. After start of construction, NCTD, in its sole discretion, may require Contractor to increase the deposit when, in the opinion of NCTD, the balance of the deposit is not adequate to cover RAILROAD'S estimated | remaining costs. NCTD may shut down Contractor's work on the ROW if Contractor has not deposited sufficient funds. j f. Every Contractor must secure liability insurance naming each RAILROAD agency separately as an additional insured. The Contractor must contact their own insurance i company to obtain these certificates. See Sections 11 and 12 for coverage needed. g. Upon completion of the work and acceptance by RAILROAD, RAILROAD shall I submit Contractor a full accounting of all RAILROADS costs for the project. I1 Contractor shall pay any balance due to RAILROAD within 30 days of invoice. RAILROAD will reimburse to Contractor any balance remaining in Contractor's I 1 deposit within 30 days of final accounting. h. As directed solely by the flagman or other RAILROAD representative, the Contractor I. should expect work stoppages and slowdowns to accommodate both scheduled and | j unscheduled movement of trains or RAILROAD maintenance equipment. The 1 Contractor should consider the likely adverse impact on productivity and the financial consequences these stoppages and slowdowns may present and shall have no claim against the RAILROAD for any such stoppage or slowdown. 3. ENCROACHMENT PERMIT REQUIREMENTS a. Whenever work of any kind is to be performed on, above or below the ROW or where _ - equipment such as cranes or booms can reach within the ROW or within 25 feet of the centerline of any track, an encroachment permit is needed. b. Prior to the commencement of work of any kind on or adjacent to the ROW, each Contractor must obtain a "Right of Entry Permit" (Permit) from NCTD. The Permit will identify the purpose of the encroachment and the time constraints under which the Contractor may operate. c. The Contractor shall not begin any work on or adjacent to the RAILROAD'S property until the Permit has been approved by NCTD. d. The Contractor shall notify NCTD in writing, at least ten (10) working days before commencing any work on, over or under property or tracks of RAILROAD I Page 4 of15 Relations with Railroads Rev. 6/27/03 4. PLAN SUBMITTAL AND REVIEW PROCESS a. The Contractor shall submit to NCTD, three sets of plans showing the details of construction, including proposed methods of setup to perform the work, together with falsework plans, shoring plans, demolitions plans, or other plans or calculations, if ' any, of work that will affect RAILROAD property and movement of trains. The Contractor shall also submit Contractor's proposed schedule for work performed on or adjacent to the ROW, type of equipment to be used and method of access. No work shall be undertaken until approval by NCTD is given in writing. b. NCTD may review plans internally or may send the plans out for an independent engineering review. The plans shall be evaluated for engineering soundness, potential effects upon train movements and the integrity of tracks and track bed, possible public safety concerns, and the need for flagging personnel. The cost of an engineering review is borne by the Contractor. c. The Contractor is responsible for submittal of a revised set of plans to address comments by NCTD or NCTD's consultants. NCTD staff and independent engineering consultants shall not design or redesign the Contractor's plans. 5. FLAG PROTECTION a. The Contractor shall submit RAILROAD'S "Flag Protection Request Form" to NCTD at least seven (7) working days prior to any work on RAILROAD property. NCTD, in its sole discretion, will determine the need for flag protection. The cost of flag protection provided by RAILROAD shall be borne by the Contractor. b. Flag protection by RAILROAD representatives will be required to protect RAILROAD'S facilities and property, and movement of trains and other rail equipment in the following situations: 1. When equipment is to be operated or men are to be standing within 25 feet, measured horizontally from centerline, of any track on which trains may operate, or when any erection or construction activities are in progress within such limits, regardless of elevation above or below track. 2. For any excavation below elevation of track sub-grade where such excavation falls within the influence of the track (defined as a line 1:1 from a point 1 foot off of edge of tie) or where, in the opinion of the RAILROAD engineering representative, such excavation may pose a threat to the integrity of RAILROAD'S track structure. Page 5 of 15 Relations with Railroads Rev. 6/27/03 3. During any clearing, grubbing, blasting or grading on or adjacent to RAILROAD property when such operations, in the opinion of RAILROAD'S engineering representative, endanger RAILROAD facilities or operations. 4. At any other time while work is conducted on or adjacent to RAILROAD property when, in the opinion of NCTD, Contractor's operations will pose a danger to RAILROAD'S facilities. 5. NOTE: RAILROAD personnel providing flag protection will require stand down of work within the RAILROAD ROW in advance of and after the passage of trains through the work zone. There are approximately 46 passenger trains and 5 unscheduled freight trains per 24-hour workday on the coastal route and 5 unscheduled freight trains per week on the inland route. Stand down time is at the discretion of personnel providing flag protection. 6. PROTECTION OF RAILROAD FACILITIES a. The Contractor shall be responsible for protecting the tracks and property of RAILROAD and the traffic moving on such tracks, as well as the wires, signals and other property of RAILROAD, its tenants or licensees, at and in the vicinity of the work during the period of construction. b. The Contractor shall be responsible for any damages to RAILROAD roadbed, tracks, RAILROAD'S trains and equipment, as well as RAILROAD'S catenary wires and supports and any other RAILROAD property, resulting from use, occupancy, or presence of Contractor, employees or agents, or subcontractor's on or about the construction site. c. The Contractor shall take protective measures necessary to prevent any material, equipment or debris from falling on RAILROAD'S tracks or equipment operating on such tracks. Any damage to RAILROAD'S facilities or trains operating thereon resulting from Contractor's operations will be repaired or replaced by RAILROAD and the cost of such repairs, damage or replacement shall be paid to RAILROAD by Contractor. d. The Contractor shall arrange for a mark out of RAILROAD'S underground utilities before Contractor may perform any work within the RAILROAD property and these markings must be maintained throughout the course of construction. Note that RAILROAD is not a member of Dig Alert. Please call NCTD for mark out. The Contractor shall pay all costs of the mark out. e. The Contractor shall not pile or store any materials, nor park any equipment on RAILROAD'S property at track levels without the prior approval of NCTD. If approval is granted, the Contractor shall fence and secure materials and equipment left on site. Page 6 of 15 Relations with Railroads Rev. 6/27/03 7. RAILROAD WORKER SAFETY TRAINING a. All the Contractor's employees, sub-contractors and other persons working on or adjacent to the RAILROAD ROW must attend a half-day safety training class on the unique working environment, potential risks and safety precautions to observe when working on or adjacent to.the railroad tracks. Classes will be scheduled by NCTD upon notification by the Contractor. The Contractor shall pay all costs of the classes. b. Workers whose sole responsibility is to deliver or remove materials such as truck drivers are not required to attend this class. c. Any person on the ROW who does not possess a current Contractor Employee Safety Training Certification, will be ordered by the RAILROAD to leave the ROW. 8. TEMPORARY CLEARANCES a. At no time shall work by Contractor encroach upon the following temporary clearances: 10'-O" horizontally from centertine of track or 11 '-0" horizontally from centerline of curved track or 1 '-0" horizontally from the foundation of a catenary pole or 26-0" vertically above top of the tracks of the RAILROAD b. Any infringement on the above temporary construction clearances due to the Contractor's operations shall be submitted to RAILROAD for approval an'd shall not be undertaken until approved in writing by the RAILROAD until the Contractor has obtained any necessary authorization from the California Public Utilities Commission (CPUC) for any such infringement. c. When the temporary vertical clearance is less than 26'-0" above top of rail, RAILROAD shall have the option of requiring Contractor to install tell-tales or other protective devices RAILROAD deems necessary for the protection of RAILROAD'S tracks or traffic moving thereon, at Contractor's expense 9. SITE CLEANUP UPON COMPLETION The Contractor shall, upon completion of the work covered by this contract to be performed by the Contractor upon the premises or over or beneath the tracks of Page 7 of 15 . Relations with Railroads Rev. 6/27/03 RAILROAD, promptly remove from the premises of RAILROAD, all of Contractor's tools, implements and other materials, whether placed upon the premises by the Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and cause the premises to be left in a clean presentable condition, acceptable to RAILROAD. 10. INSURANCE Prior to execution of the contract, Contractor shall file with NCTD a certificate of insurance signed by the insurer's representative. Such evidence shall also include confirmation that coverage includes or has been modified to include Required Provisions as set forth in these insurance provisions. Contractor shall, upon the reasonable demand of NCTD, deliver to NCTD such policy or policies of insurance. Contractor, at Contractor's sole cost and expense, shall procure and maintain the following insurance coverage 10.1 Commercial General Liability and Automobile Liability Insurance a. Coverage Coverage for commercial general liability and automobile liability insurance shall be at least as broad as the following: • Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). • Insurance Services Office Automobile Liability Coverage (Form CA 0001), covering Symbol 1 (any auto). b. Limits Contractor shall maintain limits no less than the following: • General Liability. Ten million dollars ($10,000,000) per occurrence for bodily injury, personal injury and property damage. NCTD may, at its discretion, reduce the limits to two million dollars ($2,000,000) for work which may have- no significant risk to undermining the track structure. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply to the ROW (with the ISO CG 2503, or ISO CG 2504, or insurer's equivalent endorsement provided to BOARD) or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability. One million dollars ($1,000,000) for bodily injury and property damage each accident limit. c. Required Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain the following provisions: • NCTD, MTDB, BNSF, SCRRA and AMTRAK (INSURED PARTIES), their directors, officers, employees, contractors, agents or authorized volunteers are to be named as additional insureds as respects liability arising out of Contractor's Page 8 of 15 Relations with Railroads j Rev. 6/27/03 | operations and activities or automobiles owned, leased, hired or borrowed by i Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the INSURED PARTIES, its directors, officers, employees, agents or authorized volunteers. • For any claims arising from Contractor's operations or activities, Contractor's i insurance shall be primary insurance to NCTD and MTDB, their directors, officers, employees, contractors, agents or authorised volunteers. Any 1 insurance, self-insurance or other coverage maintained by MTDB and/or NCTD, ' their directors, officers, employees, agents or authorized volunteers shall not contribute to it. • Any failure to comply with reporting or other provisions of the policies including: breaches of warranties shall not affect coverage provided to the INSURED PARTIES, their directors, officers, employees, contractors, agents or authorized I volunteers. • Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's I liability. • Each insurance policy required by this clause shall state or be endorsed to state , that coverage shall not be canceled by either party, except after thirty (30) days (10 days for non-payment of premium) prior written notice by U.S. mail has been given to NCTD. I • Such liability insurance shall indemnify against loss from liability imposed by law" ] for damages on account of bodily injury (including death), property damage, and personal injury. j • The general liability policy shall cover bodily injury and property damage liability, I owned and non-owned equipment, and blanket contractual liability. • The automobile liability policy shall cover all owned, non-owned, and hired | ^_.. automobiles. • All policy or endorsement exclusions relating specifically to operations on or near RAILROAD property or track shall be eliminated. Contractor must provide proof through the endorsement attached to the policy that the railroad exclusions have been removed. i • All of the insurance shall be provided on policy forms and through companies j reasonably satisfactory to NCTD. • Acceptability of Insurers. Insurance is to be placed with insurers having a current A.M. Best rating of no less than A-, VII or equivalent or as otherwise approved by NCTD. 10.2 Workers Compensation and Employer's Liability Insurance i a. Contractor shall cover or insure under the applicable laws relating to workers' | compensation insurance, all of their employees working on or about the ROW, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Page 9 of 15 Relations with Railroads Rev. 6/27/03 Labor Code of the State of California and any Acts amendatory thereof. Contractor shall provide employers liability insurance in the amount of, at least, $1,000,000 per accident for bodily injury and disease. b. Contractor shall certify that Contractor is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and it will comply with such provisions in connection with any work performed on the Site. Any persons providing services with or on behalf of Contractor shall be covered by workers' compensation (or qualified self-insurance 11. CONTACT INFORMATION All inquiries, submittals and payments should be directed to: North County Transit District Real Estate Department 810 Mission Avenue Oceanside, CA 92054 760-966-6556 Page 10 of 15 Relations with Railroads Rev. 6/27/03 EXHIBIT A BRIDGE ERECTION, DEMOLITION OR OTHER HOISTING OPERATIONS OVER RAILROAD TRACKS Plans for bridge criteria, erection, demolition and hoisting operations, shall meet the following minimum requirements: 1. A plan view shall be submitted indicating the locations of cranes, operating radii, . and delivery or disposal locations shown. 1 2. Crane rating sheets shoving cranes to be adequate for 150% of the lift. Crane and boom nomenclature is to be indicated.I! 3. Plans and computations showing weight of pick. j 4. Locating plan showing obstructions, indicating that the proposed swing is 1 possible »5. Data sheet listing type and size of slings or other connecting equipment. Include copies of catalog on information sheets of specialized equipment. Detail method of attachment on erection plan. j 6. A complete procedure is to be included, indicating the order of lifts and any repositioning or refitting of the crane or cranes. | . 7. Temporary support of any components or intermediate stages is to be shown. 1 8. A time schedule of the various stages must be shown, as well as a schedule for the entire lifting procedure. J Page 11 of 15 11 Relations with Railroads Rev. 6/27/03 EXHIBIT B TEMPORARY SHEETING AND SHORING TO SUPPORT RAILROAD TRACKS OR BED The following items are to be included in then design and construction procedures for all excavation work adjacent to RAILROAD tracks: 1. Footings for all piers, columns, walls or other facilities shall be located and designed so that any temporary sheeting and shoring for support of adjacent track or tracks during construction will not be closer than toe of ballast slope (7'- 5" is the dimension from gage of rail to toe of ballast for tangent track). 2. When support of track or tracks is necessary during construction of above mentioned facilities, interlocking steel sheeting adequately braced and designed to carry E-8O live load plus 50% impact is required. Soldier piles and lagging will be permitted for supporting adjacent track or tracks only when the required penetration of steel sheet filing cannot be obtained or when in the opinion of the RAILROAD Engineering Representative the steel sheet piling would be impracticable to place. 3. Exploratory trenches, three (3) feet deep and fifteen (15) inches wide in the form of an "H" with outside dimensions matching the outside of sheeting dimensions are to be hand dug, prior to placing and driving steel sheeting, in area where RAILROAD underground installations are known to exist. These trenches are for exploratory purposes only and are to be back-filled and compacted immediately. This work must be done in the presence of a RAILROAD inspector. 4. Absolute use of track is required while driving sheeting adjacent to running track. Procedure for arranging for use of track shall be through the RAILROAD Engineering Representative or RAILROAD'S Flagman on the project. 5. Cavities adjacent to sheet piling, created by driving of sheet piling, shall be filled with sand and any disturbed ballast must be restored and tamped immediately. 6. Sheet piling shall be cut off at top of tie during construction and then, after construction and back-filling has been completed, any piling within twelve (12) feet or less from centeriine of track, or when bottom of excavation is below line extending at 1 :l slope from end of tie to point of intersection with sheeting, shall be cut off eighteen (18) inches below existing ground line or twenty-four (24) inches below the bottom of tie, whichever is greatest, and left in place. 7. The excavation adjacent to the track shall be covered, ramped, and protected by handrails, barricades and warning lights shall be provided as directed by the RAILROAD. 8. Final back-filling of excavation shall be as required by the RAILROAD Engineering Representative. Page 12 of 15 Relations with Railroads i Rev. 6/27/03ii 9. The Contractor is to advise the RAILROAD of the time schedule of each ; operation and obtain approval of the RAILROAD for all work to be performed adjacent to RAILROAD tracks so that RAILROAD personnel may properly supervise it. '; 10. All drawings for temporary sheeting and shoring shall be prepared and stamped 1 by a Professional Engineer registered in the State of California and shall be accompanied by complete design computations when submitted for approval. ! 11. Where physical conditions of design impose insurmountable restrictions requiring the placing of sheeting closer than specified above, the matter must be ; submitted to the RAILROAD Engineering Representative for approval of any ! modifications. 12. Particular care shall be taken to avoid erosion or filling of RAILROAD'S drainage | facilities. Erosion and sediment control in the vicinity of the RAILROAD shall be 1 as approved by the RAILROAD Engineering Representative. Disrupted RAILROAD drainage facilities shall be corrected promptly, as directed by the 1 RAILROAD Engineering Representative, at the Contractor's sole expense. Page 13 of 15 Relations with Railroads Rev. 6/27/03 EXHIBIT C . TEMPORARY PROTECTION SHIELDS FOR DEMOLITION AND CONSTRUCTION ABOVE OR ADJACENT TO RAILROAD TRACKS Prior to the start of construction, the Contractor shall be required to submit the details of any temporary protection shields to the RAILROAD for review and approval. The plans will be reviewed as to the methods of erection and as to whether or not the proposed installation will provide the required level of protection. It is the contractor's responsibility to design the protection shields to conform to all existing laws, regulations and specifications that govern this type of work. Shield plans and a Professional Engineer registered in the State of California shall design details. The drawings and calculations shall bear his seal when they are submitted to the RAILROAD for review and approval. Written approval shall be received from the RAILROAD prior to erecting the protection shields. / 1. Any horizontal shields shall be designed to carry a live load of 100 pounds per square foot. The shield, at a minimum, shall cover the area over the tracks and shall extend not less than 10'0" beyond the centeriine of the outside tracks. 2. The vertical shield shall be designed to carry a wind load of 30 pounds per square foot. The height of the vertical shield shall be 6'-6" above the top of the adjacent curb or sidewalk. Anti-climb wings shall be installed at each end of the vertical shield to prevent access over the RAILROAD. 3. In electrified territory the temporary shields shall be bonded and grounded. 4. The design and construction of the temporary protection shields will be such as to prevent any dust, debris, concrete, form-work, paint, tools, or anything else from falling onto RAILROAD property below. 5. The temporary protection shields shall be erected prior to the start of any work over the RAILROAD. The RAILROAD will be the sole judge to determine whether or not sufficient protection has been provided to perform the work. 6. Caution shall be taken to control the demolition so that any debris that may fall onto the shield will not exceed the design live load of the shield. 7. The temporary protection shields shall be attached to the structure in accordance with plans submitted by the contractor and approved by the RAILROAD. Drilling through or welding to the structure shall not be permitted. In electrified territory the catenary beneath the bridge shall be de-energized when installing the shield. 8. The temporary protection shields shall not intrude on any existing minimum vertical clearance shown on the plans. 9. The contractor will be required to complete the actual erection and removal of the temporary protection shields over the RAILROAD according to a schedule .acceptable to the RAILROAD. Page 14 of 15 Relations with Railroads Rev. 6/27/03 10.The RAILROAD shall have representatives present during the construction, erection, and removal of the shield. The contractor shall do no work to erect or remove the shields at any time during the operation of trains, or when a RAILROAD representative is not present. 11. The temporary protection shields shall remain in place until all work over the RAILROAD has been completed and shall be removed only when permitted by the RAILROAD. Page 15 of 15 APPENDIX D: Disadvantaged Business Enterprise (DBE) Certification Status Change, CEM-2403(F) r STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION DISADVANTAGED BUSINESS ENTERPRISES (DBE) CERTIFICATION STATUS CHANGE CP-C£W-S«3<F) (New. 1OT9) CONTRACT NUMBER COUNTY ROUTE PRIME CONTRACTOR POST MILES/POST KILOMETERS ADMINISTERING AGENCY BUSINESS ADDRESS CONTRACT COMPLETION DATE ESTIMATED CONTRACT AMOUNT $ Prime Contractor: List »U DBE* with chtngc In certification status (cfritle<va*cti1Stmt) while in your employ, whether or not firms were crigimlly lifted lor gotl credit. Attach DBE eerOncattonfdecertmctaon tetter fti tccorOtnce with tht Special Provitlorg. CONTRACT ITEM NO. •:m'v ' * .. * •''??" •'?.. • • -• :V- ' •* «:••&.... •''* '• :' -£&!»..: •:'•:*$$ .. .-A^SJ^-'i «' •' ^v!f*-i-•^••W^sit&£${rx&:;. '•>:• .*; SUBCONTRACTOR NAME AND BUSINESS ADDRESS ••".."" > S,'i •'.« 'f-- • '••' • '• • .*.,",.**"•V,; •"="..- • .-„ . ' vl • VKr . . •r ' •••' -- ---: :• --'^ "' -, . -. . .^ • ' :-'» •-- .-" ' •' .i" ^£1 !--. / i v-'\ , . i-* • '" - - ' 'y~f\."'.:' -N"1 f . .•*••••*'•: • -'.• ** «* . .* ;^ :• -• ..--. - .;•;*. t ,•••-•• •'-, . • #•;• ..'-aS** ' • ;' •".,•- •- -" • "- - "«« .A- . '".. ' '- ' BUSINESS PHONE _.ii , '• •*••:•.•*. ^ ,-•;- ;!^ •••%:..,!! .'«SJ 7-: •_i'_.-v -V ' "'"' ** .' "" - ^' ...:-?? ,, ^ ^.^ &.,;.. !>^1 CERTIFICATION NUMBER '•:.-. ?-'_ ... ••. ••'.-.. -5- '."•.. ••- • -* »^S -c" '* ^; .j". ' .-.-V •• AMOUNT PAID WHILE CERTIFIED --$- $ 8- $ >: •"•.. >- $ *-. " . " : ' V -?-,v $ *$•-.• •"'-'•••'i - • . . H ... ,1 .' CERTIFICATION/ DECERTIFICATION DATE LMwinicteda D d a a • a D •'•"••" D d a OiSTHBumN Origlwl-OLAE Copy to; I JBurinueEnurpK* Program :2) Pita* Ccnraapr X) Loetl Atmy 4)RMrlwlEnglnMi