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Home My WebLink AboutOrion Construction Corporation; 2003-05-28; PWS03-14ENG Part 1 of 2Recording requested by: ) CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. DOC # 2004-09801 30 I llllllll 111 1111111111llll111111llll1 IIIII 11111 11111 11111 lllll Ill1 Ill1 OCT 15,2004 8:29 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE EiREEiORY J SMITH, COUNTY RECORDER PAGES FEES 0 00 1 Carlsbad, CA 92008 1 Space above this line for Recorder’s Use NOTICE OF COMPLETION Notice is hereby given that: 1. 2. 3. 4. 5. 6. 7. 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 of improvement on the property hereinafter described was completed on April 22, 2004. The name of the contractor for such work of improvement is Orion Construction. The property on which the work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as the construction of Poinsettia Lane Reach “C” and Domestic and Recycled Water Transmission Mains, Project Nos. 3673, 3585 and 3675. c CITY OF CARLSBAD VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, , 2004, accepted the above California, 92008. The City Council of said City on October 5 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 October 7 , 2004, at Carlsbad, California. CITY OF CARLSBAD ,p Recording requested by: fw CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. # 2004-09801 31 I llllllll Ill 11111 11111 lllll IIIII IIIII 1111llll11llllllllll1111111llllll OCT 15,2004 8:29 AM OFFICIAL RECORDS SAN DIEGO COUNT>' RECORDER'S OFFICE WLGOR'f'J SMITH, COUNTY HECORDER 0 00 FEES 1 PAGES Carlsbad, CA 92008 1 Space above this line for Recorder's Use NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed on April 22, 2004. 6. The name of the contractor for such work of improvement is Orion Construction. 7. The property on which the work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as the construction of Poinsettia Lane Reach "C and Domestic and Recycled Water Transmission Mains, Project Nos. 3673, 3585 and 3675. The full name of the undersigned is Carlsbad Municipal Water District (CMWD), a - - CITY OF CARLSBAD VERIFICATION OF SECRETARY I, the undersigned, say: I am the Secretary of the Carlsbad Water Municipal District, 1200 Carlsbad Village Drive, Carlsbad, California, 92008. The Board of Directors of said District on October 5 , 2004, 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 October 7 , 2004, at Carlsbad, California. CARLSBqD MUNICIPAL WATER DISTRICT a&.hma.SzQ OR INE M. WOOD Secrgtary 1.1 / 7 CITY OF CARLSBAD PROJECT: 3673-1,3585-1, 3675-1, Poinsettia Lane-Reach C, Domestic Water Transmission Mains, Recycled Water transmission Mains CONTRACT CHANGE ORDER NO. ~ CONTRACT NO. 3673-1/3585-1/3675-1 ACCOUNT NO. CONTRACTOR: ADDRESS: 36270009060/36731921 /50670009060/35851921 I 50270009060/38871921 Orion Construction Corporation 1621 S. Rancho Santa Fe Road, Suite A San Marcos CA, 92069 P.O. NO. 113119 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to Subsection 3-2.2.3 Agreed Prices, SSPWC 2000, and the Provisions of this contract, perform the following work: Item 1: Placement of fill and grading for the raised median from Station 149+67.60 to Station 163+40.61, for a lump sum price of$ 30,000.00. Increase to contract cost. .......................................................... $ 30,000.00 TOT AL INCREASE TO CONTRACT COST .......................................... $ 30,000.00 CITY OF CARLSBAD PROJECT: 3673-1, 3585-1, 3675-1, Poinsettia Lane-Reach C, Domestic Water Transmission Mains, Recycled Water transmission Mains CONTRACT CHANGE ORDER NO. JL CONTRACT NO. 3673-1/3585-1/3675-1 P.O. NO. 113119 ACCOUNT NO. 36270009060/36731921, 50670009060/35851921, 50270009060/38871921 CONTRACTOR: Orion Construction Corporation ADDRESS: 1621 S. Rancho Santa Fe Road. Suite A San Marcos CA. 92069 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to Subsection 3-2.2.3 Agreed Prices, SSPWC 2000, and the Provisions of this contract, perform the following work: Item 1: Construct 300 LF of Type A concrete "V" drainage ditch per San Diego Regional Standard Drawing D-75 as depicted on the attached drawing. As depicted on the attached drawing, both channels terminate in the drainage structure at Station 160+93.42 right, for a lump sum price of$ 6,916.72. Increase to contract cost. ........................................................... $6,916.72 TOTAL INCREASE TO CONTRACT COST .......................................... $ 6,916.72 CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/0 NO. 7 Project: 3673-1, 3585-1, 3675-1, POINSETTIA LANE-REACH C, DOMESTIC WATER TRANSMISSION MAINS, RECYCLED WATER TRANSMISSION MAINS Date Routed: 1/z/04 1/15104-~7111/o'( JUU-Jl2004 7[lJIJ2_f City Engineer Engineering Inspection Finance Director City Manager/Mayor Engineering Inspection Reason for change: Item 1: The plans did not allow for adequate slope from street centerline to gutter. Consequently an AC pavement overlay was necessary to get the desired slope in the existing street section. Item 2: Water valve boxes in the AC overlay area must be raised to final AC pavement grade. COST ACCOUNTING: Original contract amount ................................................................ $ 2,179,559.00 Total amount this c/o ........................................................................ $ 15,327.17 Total amount of previous c/o's ........................................................... $ 57,893.90/ Total c/o's to date ............................................................................... $73,221.07 New Contract Amount .................................................................... $ 2,252,780.07 Total c/o's as% of original contract .............................................................. 3.35% Contingency monies encumbered ...................................................... $ 201,412.00 Contingency increase or decrease ............................................................... $ O. 00 Contingency Subtotal ......................................................................... $ 201,412.00 Total c/o's to date ............................................................................... $ 73,221.07 / Contingency Balance ......................................................................... $ 128,190.93,, CITY OF CARLSBAD PROJECT: 3673-1, 3585-1, 3675-1, Poinsettia Lane-Reach C, Domestic Water Transmission Mains, Recycled Water transmission Mains CONTRACT CHANGE ORDER NO . .l CONTRACT NO. 3673-1/3585-1/3675-1 P.O. NO. 113119 ACCOUNT NO. 36270009060/36731921, 50670009060/35851921, 50270009060/38871921 CONTRACTOR: Orion Construction Corporation ADDRESS: 1621 S. Rancho Santa Fe Road, Suite A San Marcos CA. 92069 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to Subsection 3-3 Extra Work, SSPWC 2000, and the Provisions of this contract, perform the following extra work: Item 1 : Placement of an AC overlay at the intersection of Poinsettia Lane and Black Rail Road south side, for the lump sum price of $13,308,29. Increase to contract cost.. .......................................................... $13,308.29 Item 2: Adjust six (6) valve boxes to final grade at Poinsettia Lane and Black Rail Road for the price of$ 2,018.88. Increase to contract cost.. ............................................................ $ 2,018.88 TOTAL INCREASE TO CONTRACT COST .......................................... $ 15,327.17 Page2 Project: 3673-1, 3585-1, 3675-1, Poinsettia Lane-Reach C, Domestic Water Transmission Mains, Recycled Water Transmission Mains Change Order 7 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE AFFECTED BY THIS CHANGE ORDER. RECOMMENDED BY: CONSTRUCTION MANAGER ~r CITY ENGINEER FINANCE DIRECTOR ~~~ DISTRIBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR DEPUTY CITY ENGINEER, DESIGN (DATE) CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/0 NO. 6 Project: 3673-1,3585-1,3675-1, POINSETTIA LANE-REACH C, DOMESTIC WATER TRANSMISSION MAINS, RECYCLED WATER TRANSMISSION MAINS Date Routed: 7/7/04 7/15/04 7/1'1/o</ , I U.L,....2.)LZ 00 4 1/JJM Reason for change: City Engineer Engineering Inspection Finance Director City Manager/Mayor Engineering Inspection Item 1: Engineering staff requested the deletion of two (2) twenty-four inch (24") BFVs, a twenty-four inch (24") CMLC steel spool, and a concrete thrust wall. Item 2: Referencing Item 1, compensation to Contractor for the acquisition of two (2) twenty-four inch (24") butterfly valves. COST ACCOUNTING: Original contract amount ................................................................ $ 2,179,559.00 Total amount this c/o .......................................................................... $ 5,134.29 / Total amount of previous c/o's ........................................................... $ 52,759.61 / Total c/o's to date ............................................................................... $57,893.90 / New Contract Amount .................................................................... $ 2,237,452.90 Total c/o's as% of original contract. ............................................................. 2.66% Contingency monies encumbered ...................................................... $ 201,412.00 Contingency increase or decrease ............................................................... $ 0.00 Contingency Subtotal ......................................................................... $ 201,412.00 Total c/o's to date ............................................................................... $ 57,893.90 / Contingency Balance ......................................................................... $143,518.10 / CITY OF CARLSBAD PROJECT: 3673-1, 3585-1, 3675-1, Poinsettia Lane-Reach C, Domestic Water Transmission Mains, Recycled Water Transmission Mains CONTRACT CHANGE ORDER NO. _§__ CONTRACT NO. 3673-1/3585-1/3675-1 P.O. NO. 113119 ACCOUNT NO. 36270009060/36731921, 50670009060/35851921, 50270009060/38871921 CONTRACTOR: Orion Construction Corporation ADDRESS: 1621 S. Rancho Santa Fe Road, Suite A San Marcos CA 92069 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to Subsection 3-2.2.3 Agreed Price, SSPWC 2000, and the Provisions of this contract, perform the following extra work: Item 1: Credit for labor, equipment, and miscellaneous materials associated with the installation of two (2) twenty-four inch (24") BFVs, one ( 1) twenty-four inch (24 ") diameter by eighteen foot long (18') flanged CMLC steel spool, and one concrete thrust wall at Station 94+10 for the lump sum price($ 920.00). Decrease to contract cost.. .......................................................... ($920. 00) Item 2: Compensate Contractor for two (2) twenty-four inch (24") BFVs that were not installed at Station 94+10 for the lump sum price of ($ 2,815.95 each x 2+ $422.39 tax) = $6,054.29 Increase to contract cost.. ............................................................ $6,054.29 TOTAL INCREASE TO CONTRACT COST ............................................ $ 5,134.29 CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/0 NO. 5 Project: 3673-1, 3585-1, 3675-1, POINSETTIA LANE-REACH C, DOMESTIC WATER TRANSMISSION MAINS, RECYCLED WATER TRANSMISSION MAINS Date Routed: 717104- 7/6/fA. 7/11( o<( JIii 2 0 2004 7/2//D!r- Reason for change: City Engineer Engineering Inspection Finance Director City Manager/Mayor Engineering Inspection item 1 : Due to a discrepancy between the median stationing on the Landscape Plans and the 8" median curb improvements depicted on the Improvement Plans, portions of the newly placed median curb and form boards that had been set must be removed and replaced. COST ACCOUNTING: Original contract amount ................................................................. $2, 179,559.00 Total amount this c/o ........................................................................... $4,087.22/ Total amount of previous c/o's ........................................................... $ 48,672.39 / Total c/o's to date ............................................................................... $52,759.61 / New Contract Amount .................................................................... $ 2,232,318.61 Total c/o's as% of original contract. ............................................................... 2.4% Contingency monies encumbered ...................................................... $ 201,412.00 Contingency increase or decrease ............................................................... $ 0.00 Contingency Subtotal ......................................................................... $ 201,412.00 Total c/o's to date ............................................................................... $ 52,759.61, Contingency Balance ......................................................................... $ 148,652.39 / CITY OF CARLSBAD PROJECT: 3673-1, 3585-1, 3675-1, Poinsettia Lane-Reach C, Domestic Water Transmission Mains, Recycled Water Transmission Mains CONTRACT CHANGE ORDER NO. _§_ CONTRACT NO. 3673-1, 3585-1, 3675-1 P.O. NO. 113119 ACCOUNT NO. 36270009060/36731921, 50670009060/35851921, 50270009060/38871921 CONTRACTOR: Orion Construction Corporation ADDRESS: 1621 S. Rancho Santa Fe Road, Suite A San Marcos CA. 92069 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to Subsection 3-3 Extra Work, SSPWC 2000, and the Provisions of this contract, perform the following extra work: Item 1: Remove and dispose of concrete curb, remove and reset forms and replace concrete median curb at Station 158+55 and Station 158+ 75, for the lump sum price of$ 4,087.22. Increase to contract cost. ........................................................... $ 4,087.22 TOTAL INCREASE TO CONTRACT COST ............................... $ 4,087.22 CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/0 NO. 4 Project: 3673-1, 3585-1, 3675-1, POINSETTIA LANE-REACH C, DOMESTIC WATER TRANSMISSION MAINS, RECYCLED WATER TRANSMISSION MAINS Date Routed: • lit</fli 2004 I'LO 7/2t764- Reason for change: City Engineer Engineering Inspection Finance Director City Manager/Mayor Engineering Inspection Item 1 : Due to the proximity of water line "G" trench alignment to the existing 18" water main trench, mitigation of the safety hazards created by the trench wall collapse was necessary. Item 2: Due to a miscalculation in the isolation valve alignment of the water system during a scheduled shutdown, Public Works Water Operations requested the Contractor shift his construction schedule to address a water system outage produced by the shutdown. Item 3: Encountered concrete encasement on existing 24" water line @ connect- ion point of water line "G". Item 4: Referencing Item 2 above, Contractor resumed original construction schedule and completed work that had been interrupted by request of Public Works Water Operations. Item 5: Due to an oversight, the Plans did not address the 1 O" water line "G" connection. Item 6: The Plans did not indicate the presence of the 2" irrigation lines in the water line easement. Item 7: Due to unforeseen misalignment of the existing 24" water line, an addit- ional butt strap/hand-holes was necessary to complete the connection. Project: 3673-1, 3585-1, 3675-1, Poinsettia Lane-Reach C, Domestic Water Transmission Mains, Recycled Water Transmission Mains Change Order 4 COST ACCOUNTING: Original contract amount ................................................................ $ 2,179,559.00 Total amount this c/o ......................................................................... $21,082. 71./ Total amount of previous c/o's ............................................................ $27,589.68 / Total c/o's to date ............................................................................... $48,672.39, New Contract Amount .................................................................... $ 2,228,231.39 Total c/o's as% of original contract.. ........................................................... 2.23 % Contingency monies encumbered ...................................................... $ 201,412.00 Contingency increase or decrease ............................................................... $ 0.00 Contingency Subtotal ......................................................................... $ 201,412.00 Total c/o's to date ............................................................................... $ 48,672.39/ Contingency Balance ......................................................................... $ 152,739.61 / CITY OF CARLSBAD PROJECT: 3673-1, 3585-1, 3675-1, Poinsettia Lane-Reach C, Domestic Water Transmission Mains, Recycled Water Transmission Mains CONTRACT CHANGE ORDER NO. 4 CONTRACT NO. 3673-1, 3585-1, 3675-1 P.O. NO. 113119 ACCOUNT NO. 36270009060/36731921, 50670009060/35851921, 50270009060/38871921 CONTRACTOR: ~O_ri-o-n-C~o~n-st-ru_ct-i-o-n-C~o_rp-o-r-at-io~n~~~~~~- ADDRESS: 1621 S. Rancho Santa Fe Road, Suite A San Marcos CA. 92069 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to Subsection 3-3 Extra Work, SSPWC 2000, and the Provisions of this contract, perform the following extra work: Item 1 : Provide and utilize trench shields and shoring as necessary to insure worker safety during installation of water line "G" for the lump sum price of $ 5,509.23. Increase to contract cost. ........................................................... $ 5,509.23 Item 2: Contractor was directed to temporarily suspend construction at Station 90+00 and redirect efforts to deal with restoring water service to area affected by shutdown by installing a temporary blind flange at the existing recycled water vault and completing connection of 24" water line "G" at Station 94+1 O for the lump sum price of$ 1,072.44. Increase to contract cost. ............................................................. $ 1,072.44 Item 3: Remove section of concrete encased 24" steel pipe at Station 90+00 west (water line "G" connection point) for the lump sum price of$ 1,391.39. Increase to contract cost. .............................................................. $ 1,391.39 Item 4: Referencing Item 2 above, reconnect existing 18" steel pipe in existing recycled water vault, for the lump sum price of$ 5,759.06. Increase to contract cost.. ............................................................. $ 5,759.06 Page2 Project: 3673-1, 3585-1, 3675-1, Poinsettia Lane-Reach C, Domestic Water Transmission Mains, Recycled Water Transmission Mains Change Order 4 Item 5: Fabricate and install 1 O" steel pipe fitting to connect water line "G" to existing 1 O" water line at Station 93+25 for the lump sum price of $5,097.44. Increase to contract cost. ........................................................... $ 5,097.44 Item 6: Provide and install 2" PVC pipe and fittings as necessary to repair irrigation line in water line "F" easement at Station 84+69 for the lump sum price of $655.05. Increase to contract cost.. ........................................................... $ 655.05 Item 7: Provide and install an additional 24" butt strap/hand-holes to complete connection at Station 90+00 west for the lump sum price of $1,598.10. Increase to contract cost. ........................................................... $ 1,598.1 O TOTAL INCREASE TO CONTRACT COST ........................... $ 21,082.71 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 2 PROJECT: #3673/3585/3675 POINSETTIA LANE REACH "C" AND DOMESTIC AND RECYCLED WATER TRANSMISSION MAINS CONTRACT NO. 3673/3585/3675 P.O. NO. P113119 ACCOUNT NO. 3627009060/36731921, 50670009060/35851921, 50270009060/38871921 CONTRACTOR: Orion Construction Corporation ADDRESS: 1621 S. Rancho Santa Fe Road , Suite A San Marcos CA 92069 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to subsection 3-2.2.3 Agreed Prices, SSPWC 2000, and the Provisions of this contract, perform the following: Item 1: Provide all labor, materials and equipment necessary to remove the existing 30" tee/dish head and 18" welded outlet at Sta. 43+18.37 for the lump sum price of$ 475.00. Increase to contract cost. ........................................................................ $ 475.00 Item 2: Provide all labor, materials and equipment necessary to install one (1) 2" recycled water service per recycled water Standard Drawing W4 at pipe line Sta. 61+75 for the lump sum price of$ 2,000.00. Increase to contract cost. .................................................................... $2,000.00 TOTAL INCREASE TO CONTRACT COST ................................................................ $2,475.00 . , 3673/3585/3675 POINSETTIA LANE -REACH C AND DOMESTIC AND RECYCLED WATER TRANSMISSION MAINS Change Order # 2 Page 2 of 2 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE AFFECTED BY THIS CHANGE ORDER. RECOMMENDED BY: ~ cONSTRUCTIONMANAGER ~tZ CITY ENGINEER l1/19/o3 (DATE) (DATE) //-2, 'f--03 (DATE) (¾~~ FINANCE DIRECTOR (DATE) DISTRIBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR DEPUTY CITY ENGINEER, DESIGN ~~-,~~-~it CITY MANAGER/ MAYOR( ATE) c 7 c .-- ' 7 c c 7 CITY OF CARLSBAD and CARLSBAD MUNICIPAL WATER DISTRICT San Diego County California CONTRACT DOCUMENTS, STATE VV RESOURCES CONTROL BOARD BO i LEI? PLATE, SU P PLEM ENTAL. PROVISIONS, AND TECH SPECIFICATIONS FOR POINSETTIA LAME-REACB4 C CQNVRACT NO. 3673 and CONTRACT NO. 3585 and ROMESTIC WATER TRANSMISSION MASNS R€CYCLED WATER TRAMSMISSICEN MAIMS CONTRACT NO. 3675 PWS03-14ENC lik %@ Revised: 04/22/02 Contract Nos. 3673, 3585, an3 3675 Page 1 of 166 Pages >A&. s TABLE OF CONTENTS Item - CONTRACT DOCUMENTS Notice Inviting Bids .................................................................................................................. Contractor’s Proposal .............................................................................................................. Equipment Material Source information .................................................................................. Bid Security Form .................................................................................................................... Bidder’s Bond to Accompany Proposal ................................................................................... Guide for Completing the “Designation Of Subcontractor and Amount Of Subcontractor’s Bid” Form ................................................................................................................................. Designation Of Subcontractors and Amount Of Subcontractor’s Bid items ........................... Bidder’s Statement Of Financial Responsibility ...................................................................... Bidder’s Statement Of Technical Ability And Experience ....................................................... Bidder’s Certificate Of Insurance For General Liability, Employers’ Liability Automotive Liability And Workers’ Compensation ..................................................................................... - - -- Bidder’s Statement Of Re-Debarment .................................................................................... Bidder’s Disclosure Of Discipline Record ............................................................................... Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid ........................ Contract Public Works ............................................................................................................. Labor And Materials Bond ....................................................................................................... Faithful PerforrnanceMarranty Bond ..................................................................................... Escrow Agreement For Surety Deposits In Lieu Of Retention (Optional) .............................. - a Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Paae 8 12 34 35 36 38 40 41 42 43 44 45 47 48 54 56 58 Page 2 of 166 Pages TABLE OF CONTENTS STATE WATER RESOURCES CONTROL BOARD REQUIRED CODE PROVISIONS This section only applies to the recycled water bid items in Schedules “C” and “F.” Item - Paae 1 - State Wage Rate Clause ................................................................................................... BP-1 2 - Labor Code Section 1776; Complete Payroll Records; Certified and Available ............... BP-1 3 - Labor Code Section 1777.5; Employment of Properly Registered Apprentices ............... BP-2 4 - Labor Code Section 1810; Definition; A Legal Day’s Work; .............................................. BP-4 5 - Labor Code Section 1813; Penalty for Overtime On Any Public Works Contract ............ BP-4 6 - Labor Code Section 181 5; Minimum Overtime Pay .......................................................... BP-4 7 - Labor Code Section 1860; Contract Provision .................................................................. BP-4 8 - Labor Code Section 1861; Contract Certification to Labor Code Section 3700 ............... BP-4 9 - Cultural Resources Protection ........................................................................................... BP-4 10 - State MBUWBE Provisions; includes Attachment A and Attachment B .......................... BP-6 MUST BE SUBMllTED WITH BID TO BE RESPONSIVE 1 1 - The Subletting and Subcontracting Fair Practices Act ................................................... BP-13 12 - Equal Opportunity Clause (40 CFR 60-8.4(b)) ............................................................... BP-13 13 - Nondiscrimination Clause ............................................................................................... BP-14 14 - Construction Contractors - Affirmative Action Requirements (41 CFR 60-4) ............... BP-15 15 - Elimination of Segregated Facilities ............................................................................... BP-19 16 - Certification of Non-Segregated Facilities ...................................................................... BP-20 17 - Drug-Free Workplace Certification ................................................................................. BP-21 18 - Use of Debarred Contractors Prohibited ........................................................................ BP-22 19 - Responsibility for Removal, Relocation, or Protection of Existing Utilities ..................... BP-24 20 - Submitting of Bids and Agreeing to Assign (Government Code Section 4552) ............ BP-24 21 - Non-Collision Affidavit (Public Contracts Code Section 7106) ...................................... BP-25 22 - Affirmative Action and Equal Employment Opportunity minority participation table ...... BP-26 23 - Labor Code Section 6500 ............................................................................................... BP-27 24 - Public Contract Code Section 71 05 ............................................................................... BP-27 25 - Public Contract Code Section 9203 ............................................................................... BP-28 (Government Code Section 421 5) TO BE NOTARIZED AND SUBMITTED WITH THE BID (It is not necessary to include this table in the plans and specifications) Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 3 of 166 Pages . . . . . . . SUPPLEMENTAL PROVISIONS 7 . . TABLE Part 1 General Provisions Section 1 1-1 1-2 1-3 Section 2 2-3 2-4 2-5 2-9 2-1 0 Section 3 3-2 3-3 3-4 3-5 L . 7 Section 4 4- 1 4-2 -c Section 5 5- 1 5-4 c . . Section 6 6- 1 6-2 6-6 6-7 6-8 6-9 Section 7 7-3 7-4 7-5 7-7 7-8 7-1 0 7-1 3 Section 9 9- 1 9-3 OF CONTENTS Terms Definitions. Abbreviations And Symbols Terms ............................................................................................................ Definitions ...................................................................................................... Abbreviations ................................................................................................. Scope And Control Of The Work Subcontracts ................................................................................................. Contract ........................................................................................................ Plans And Specifications ............................................................................... Surveying ....................................................................................................... Authority Of Board And Engineer .................................................................. Changes In Work Changes Initiated by the Agency .................................................................. Extra Work ..................................................................................................... Changed Conditions ...................................................................................... Disputed Work ............................................................................................... Control Of Materials Materials And Workmanship ......................................................................... Materials Transportation. Handling And Storage .......................................... Utilities ........................................................................................................... Location ......................................................................................................... Relocation ...................................................................................................... Prosecution. Progress And Acceptance Of The Work ................................. Construction Schedule And Commencement Of Work ................................ Prosecution Of Work ..................................................................................... Delays And Extensions Of Time ................................................................... Time of Completion ....................................................................................... Completion And Acceptance ......................................................................... Liquidated Damages ..................................................................................... Responsibilities Of The Contractor ............................................................... Liability Insurance .......................................................................................... Workers’ Compensation Insurance ............................................................... Permits .......................................................................................................... Cooperation and Collateral Work .................................................................. Public Convenience And Safety .................................................................... Laws To Be Observed ................................................................................... Project Site Maintenance .............................................................................. Measurement and Payment Measurement Of Quantities For Unit Price Work ......................................... Payment ......................................................................................................... Page 61 62 62 63 63 64 66 70 70 70 71 72 74 75 76 76 76 76 76 82 82 82 83 83 83 83 83 84 84 84 85 90 90 90 . Revised: 04/22/02 Contract Nos . 3673.3585. and 3675 Page 4 of 166 Pages I TABLE OF SUPPLEMENTAL PROVISIONS CONTENTS Part 2 Section 200 200-1 200-2 Section 201 201 -1 Section 203 203-6 Section 204 204-1 Section 206 206-7 206-8 c- - Section 207 207-2 207-25 -- Section 209 209-1 209-2 209-6 209-8 Section 21 0 21 0-1 21 0-3 Section 21 2 21 2-1 21 2-2 21 2-3 Section 21 3 21 3-2 21 3-3 Section 21 4 21 4-2 214-5 Construction Materials Rock Materials ............................ Rock Products ............................................................................................... Untreated Base Materials .............................................................................. .................................................................. Concrete, Mortar And Related Materials ....................................................... Portland Cement Concrete ............................................................................ Bituminous Materials Asphalt Concrete ........................................................................................... Lumber And Treatment With Preservatives Lumber And Plywood .................................................................................... Miscellaneous Metal Items Traffic Signs .................................................................................................. Light Gage Steel Tubing And Connectors .................................................... Pipe Reinforced Concrete Pipe ............................................................................. Underground Utility Marking Tape ................................................................ Signals, Lighting, and Electrical Systems General .......................................................................................................... Materials and Installation ............................................................................... Lighting .......................................................................................................... Payment ......................................................................................................... Paint And Protective Coatings Paint ............................................................................................................... Galvanizing .................................................................................................... Landscape and Irrigation Materials Landscape Materials ..................................................................................... Electrical Materials ........................................................................................ Irrigation System Materials ............................................................................ Engineering Fabrics Geotextiles.. ................................................................................................... Erosion Control Specialties ........................................................................... Pavement Markers Reflective Pavement Markers ....................................................................... Reflective Pavement Markers ....................................................................... Paqe 93 93 93 93 93 96 97 97 100 102 102 103 107 122 128 129 129 130 135 137 139 139 139 139 @ Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 5 of 166 Pages I TABLE OF CONTENTS SUPPLEMENTAL PROVISIONS Part 3 Construction Methods Section 300-1 300-2 300-3 300 Earthwork Clearing And Grubbing .................................................................................. Unclassified Excavation ................................................................................ ~~~ ~ Structure Excavation And Backfill ................................................................. 300-4 Unclassified Fill ............................................................................................. 300-5 Borrow Excavation ........................................................................................ 300-9 Geotextiles For Erosion Control And Water Pollution Control ...................... 300-1 1 Stonework for Erosion Control ...................................................................... 300-1 3 Rock Slope Protection Fabric ........................................................................ Pane 141 141 143 143 144 1 44 145 145 Section 301 Treated Soil, Subgrade Preparation and Placement of Base Materials 301 -1 Subgrade Preparation ................................................................................... 146 Section 302 Roadway Surfacing 302-5 Asphalt Concrete Pavement ......................................................................... 147 - Section 303 - 303-1 303-2 303-5 -- Section 306 306-1 306-5 Concrete and Masonry Construction Concrete Structures ...................................................................................... 147 Air-Placed Concrete ...................................................................................... 148 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways .................................................................... 148 Underground Conduit Construction Open Trench Operations ............................................................................... 149 Abandonment Of Conduits And Structures ................................................... 152 Section 307 307-3 Street Lighting Construction .......................................................................... 152 Street Lighting And Traffic Signals 307-4 Traffic Signal Construction ............................................................................ 1 52 Section 308 308-4 Planting .......................................................................................................... 154 308-5 Irrigation System Installation ......................................................................... 156 308-6 Maintenance And Plant Establishment ......................................................... 158 308-7 Guarantee ...................................................................................................... 158 308-8 Measurement And Payment .......................................................................... 161 Landscape And Irrigation Installation 308-2 Earthwork And Topsoil Placement ................................................................ 152 Section 31 0 31 0-5 31 0-7 Section 31 2 312-1 Section 31 3 31 3-1 31 3-2 31 3-3 31 3-4 c Painting Painting Various Surfaces ............................................................................. 161 Permanent Signing ........................................................................................ 162 Pavement Marker Placement And Removal Placement ...................................................................................................... 163 Temporary Traffic Control Devices Temporary Traffic Pavement Markers .......................................................... 163 Temporary Traffic Signing ............................................................................. 164 Temporary Railing (Type K) and Crash Cushions ........................................ 164 Measurement and Payment .......................................................................... 166 a Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 6 of 166 Pages TABLE OF CONTENTS _- TECHNICAL SPECIFICATIONS FOR POINSETTIA LANE DOMESTIC AND RECYCLED WATER MAINS - Section No. Title DIVISION 1 : GENERAL REQUIREMENTS -- 01 001 Standard Drawings, Standard Specifications, and Approved Materials List 01 01 0 Summary of Work 01011 General Construction Sequence 01047 Connections to Existing Facilities 01400 Quality Control 01 600 Material and Equipment 01 630 01730 Operation and Maintenance Manual - 01025 Measurement and Payment - 01 530 Protection of Existing Utilities Product Options and Substitutions - DIVISION 2: SITE WORK - 021 30 02200 Trenching Earthwork - e- 02225 Utility Crossings Removal and Resurfacing of Pavement Surfaces DIVISION 9: FINISHES - 09870 Tape Wrap and Concrete Mortar Coating 09900 Painting and Coating 09902 Petrolatum Wax Tape Coating - DIVISION 13: CATHODIC PROTECTION 13120 Cathodic Protection c DIVISION 15: MECHANICAL 15040 Testing, Flushing and Disinfection 15064 15066 15076 15092 151 00 Valves - 15056 Ductile Iron Pipe and Fittings PVC Pressure Pipe and Fittings (AWWA C900) PVC Pressure Pipe and Fittings (AWWA C905) Cement-Mortar Lined and Coated Steel Pipe Miscellaneous Couplings, Pipe and Appurtenances - - APPENDICES -_ Appendix "A" Standard Drawings -- Appendix "B Sample Project Sign c a Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 7 of 166 Pages CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT NOTICE INVITING BIDS Sealed bids shall be deposited in the Bid Box located in the first floor lobby at the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-731 4, until 4:OO p.m. on the seventh day of January, 2003, at which time they will be opened and read, for performing the work as follows: Improvements for Poinsettia Lane-Reach C and domestic and recycled water transmission mains in Black Rail Road, Poinsettia Lane, and adjacent development. Currently, construction is underway for Reach C grading and some storm drain installation. POINSETTIA LANE-REACH C - CONTRACT NO. 3673 DOMESTIC WATER TRANSMISSION MAINS - CONTRACT NO. 3585 RECYCLED WATER TRANSMISSION MAINS - CONTRACT NO. 3675 The work shall be performed in strict conformity with the specifications as approved by the City Council of the City of Carlsbad and the Carlsbad Municipal Water District which are on file with the Engineering Department. The specifications for the work include the Standard Specifications for Public Works Construction (2000 Edition, and any supplements thereto, all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the special provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The recycled water transmission mains are being funded through the Bureau of Reclamation and the State Water Resources Control Board. These agencies require a good faith effort for including minority and women-owned businesses. See SWRCB Required Code Provisions. 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 (IO) 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 $1 00,000 per contract. - '3 Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 8 of 166 Pages - - The documents which comprise the Bidder’s proposal and that must be completed and properly executed, including notarization where indicated are: ..-- 1. 2. 3. 4. I 5. 6. 7. Contractor‘s Proposal Bidder’s Bond Non-Collusion Affidavit Designation of Subcontractors and Amount of Subcontractor Bid Bidder‘s Statement of Financial Responsibility Bidder’s Statement of Technical Ability and Experience Acknowledgment of Addendum(s) 8. Certificate of Insurance, the riders covering the District, 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. 9. Bidder’ s Statement Re Debarment 1O.Bidder‘s Disclosure Of Discipline Record 11 .Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) Pursuant to California Public Contracts Code section 41 04(a)(2)(A) portions of the information required on documents numbers four and five, above, may be submitted by the Bidder up to twenty- four (24) hours after the deadline for submitting bids contained in this “Notice Inviting to Bids”. - All bids will be compared on the basis of the Engineer’s Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer’s Estimate is $1,800,000. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City and the District. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure to the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases, the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: “A”, General Engineering. r -- 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, special 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 $40.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract neither addition to, modification of nor interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad nor may any bidder rely directions given by any agent, employee of contractor of the City of Carlsbad except as hereinbefore specified. - - c Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 9 of 166 Pages - c The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the mice of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's and the District's "duly authorized officer" for the purposes of section 41 07 and 41 07.5. The provisions of Part 7, Chapter 1 , of the Labor Code commencing with section 1720 shall apply to the Contract for work. 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. c 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. F c c c c c L 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 will be required for work 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 ($1 0,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). 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: c @ Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 10 of 166 Pages 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. - If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. I .- 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. I 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. L e- The award of the contract by the City Council and the Board of Directors 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, and the Board of Directors of the Carlsbad Municipal Water District by City of Carlsbad Resolution No. 2002-240, and Carlsbad Municipal Water District Resolution No. 1 162 adopted on the sixth day of August, 2002. r, -/7cL' ,4lL--- Deputy City ClerWAssistant City Clerk /\I Ir/o+ -/ Date - c e Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 ~~ ~~~ ~ Page 11 of 166 Pages CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT POINSETTIA LANE-REACH C - CONTRACT NO. 3673 DOMESTIC AND RECYCLED WATER MAINS - CONTRACT NO. 3585 RECYCLED WATER TRANSMISSION MAINS - CONTRACT NO. 3673 CONTRACTOR’S PROPOSAL City Council Board of Directors City of Carlsbad & Carlsbad Municipal Water District 1635 Faraday Avenue Carlsbad, California 92008-731 4 5950 El Camino Real Carlsbad, California 92008 The undersigned deciares helshe has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete the Contract 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” ROAD IMPROVEMENTS Item - No. A- 1 A-2 A-3 Description Mobilization, demobilization, and preparatory work for all Schedules at Dollars (Lump Sum) Construction Schedule for work in all Schedules at four thousand Approximate Quantity Unit and Unit - Price 1 LS $ i+2,000 1 LS $4,000 $4,000 Dollars (Stipulated Amount) Traffic Control for Schedule A including K-rail and Crash Cushion at Fifi@,r2 77xul3 A d Dollars (Lump Sum) Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 12 of 166 Pages Approximate Unit - Item - No. Quantity and Unit 1 LS 1 LS 250 LF 4,240 SF - Total Description A4 Clearing and Grubbing at lit5 Fift4.m 7hUwd Dollars (Lump Sum) A-5 A-6 A-7 A-0 A-9 Create, Implement and Maintain a SWPPP and Obtain Perrpit from RWQCB at SlKtI;/ rnM5 auld ~ Dollars (Lump Sum) Sawcut Existing A.C. Pavement at 7hr Pr? Dollars per Linear Foot $' 75- Grind/Cold Mill Existing AC Pavement at Swea?hA've cmts Dollars per Square Foot Asphalt Concrete Pavement at Dollars per Ton 2,010 TONS 4-49 five $ 77/H- 4,539 TONS Dollars per Ton a+&- - $ A-1 0 Modified 8" Concrete Median 2,760 LF Curb as Shown on Sheet 2 of Plans at Dollars per Linear Foot nlnp, A-1 1 Traffic Striping, Signing, 1 LS Pavement Markings, and Reflective Pavement Markers Dollars (Lump Sum) Revised: 04/22/02 Contract Nos. 3673, 3585, and 3675 ADDENDUM #2 Page 13 of 166 Pages - Approximate Item Quantity Unit Price Total - No. Descrbtion and Unit - A-1 2 Unsuitable Material at IOOCY $FQ,W s?d*o e /f+O VkW Dollars per Cubic Yard A-13 Two (2) Project Signs at 1 LS Thrgd 71m.4d Dollars (Lump Sum) A-I4 Unclassified Excavation and 2,600CY $ 7odfl $ / Export at 7h/f& Dollars per Cubic Yard Total amount of bid in words for Schedule "A": . ( vE kh ndwd bwwS;x - Total amount of bid in numbers for Schedule "A': $ c Item - No. B-1 B-2 B-3 8-4 B-5 SCHEDULE “B” DOMESTIC WATER MAINS IN POlNSElTlA LANE AND BLACK RAIL ROAD Description Perform exploratory excavations for underground utilities for Schedules B and E +io Th&45&?d Dollars (Lump Sum) Construct 30-inch diameter CML tape-wrapped and mortar coated steel domestic water transmission main (550 Zone) at ri H,, ndrpd TZ Dollars per Linear Foot Construct 16-inch diameter CML tape-wrapped and mortar coated steel domestic water transmission main A ff? Dollars per Linear Foot Construct 24-inch diameter CML tape-wrapped and mortar coated steel domestic water transmission main (375Zone at 0 iJundwd .n?;~.ty Dollars per Linear Foot Construct 12-inch diameter PVC C900 Class 150 domestic water main (375 Zone) at FDktU Dollars per Linear Foot Approximate Quantity and Unit 1 LS 343 LF 980 LF 300 LF 1,336 LF Unit .Price - $E J - c e Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Total Page 15 of 166 Pages Item - No. B-6 B-7 B-8 B-9 B-10 DescriDtion Approximate Quantity Unit and Unit - Price - Total Construct the connection to the 1 LS existing 16-inch diameter / domestic water transmission main (550 Zone) at the intersection of Poinsettia Lane and Black Rail Road, Station No. 30+00.00 at d 7iiW.l~ e nmw Dollars (Lump Sum) /5mQ - Construct the connection to the 1 LS $ IC& J $- existing 30-inch diameter domestic water transmission main (550 Zone) at Station No. 43+18.37 at ahOUcSQ17d Dollars (Lump Sum) Construct the connection to the 1 LS $ existing 24-inch diameter domestic water transmission main (375 Zone) at Station No. 1 O+OO.OO in the intersection of Poinsettia Lane and Black Rail Road at ThtVtu i'h OUS4nd Dollars (Lump Sum) Construct the connection to the 1 LS $ existing 24-inch diameter f ductile iron domestic water transmission main (375 Zone) at Station 22+91 .OO in Black Rail Road at SI*? Thoumnd Dollars (Lump Sum) Construct the connection to the 1 LS $ existing 12-inch diameter domestic water main (375 Zone) line at Station No. 23+39.39 at 7r@@ Thmw nd Dollars (Lump Sum) Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 16 of 166 Pages Item - No. B-11 B-12 B-13 B-14 B-15 B-16 Descrbtion Approximate Quantity and Unit Furnish and construct a 2-inch air release and vacuum relief valve assembly per Carlsbad Municipal Water District Standard Drawing No. W7 at. ThQ?f m ygnd We 4 EA HLIfldYIQ Dollars Each Furnish and construct a 2-inch manual air release valve per Carlsbad Municipal Water District Standard Drawing No. W6 at 4 EA we nou.san/J S!f l-k4vulffed Dollars Each Furnish and construct a 2-inch blow-off assembly per Carlsbad Municipal Water District Standard Drawing No. W6 at 2 EA IHQEE THmsand Dollars Each Furnish and install a 6-inch blow-off assembly per details 1 EA Dollars Each Furnish and install a 6-inch blow-off assembly per Carlsbad Municipal Water District 1 EA rd Drawing No. W11 at fCtolAccu?d Dollars Each Furnish and install 30-inch butterfly valve per Carlsbad Municipal Water District Standard Drawing No. W 17 at WUfiUhC! 2 EA Dollars Each Revised: 04/22/02 Unit Price Total flpa I $ @E!?- $20- f Contract Nos. 3673,3585, and 3675 Page 17 of 166 Pages Approximate Quantity and Unit - Item - No. -. B-17 Unit - Price - Total Description Furnish and install 24-inch butterfly valve per Carlsbad Municipal Water District 2 EA Dollars Each B-18 Furnish and install 16-inch butterfly valve per Carlsbad Municipal Water District Standard Drawing No. W 17 at 1 EA Focef -mvuad Dollars Each B-19 Furnish and install cathodic protection for 30-inch and 16-inch CML tape-wrapped and coated steel pipe in the 550 Zone for Schedule D at Dollars (Lump Sum) 1 LS SfXS-PP mausand B-20 Furnish and install cathodic protection for 24-inch'CML, tape-wrapped and coated steel pipe transmission main in the 1 LS EZqt Gve nouw d Dollars (Lump Sum) B-2 1 Remove existing piping for the 1 LS 12-inch (550 Zone) and the 18-inch (375 Zone) within the right-of-way on Black Rail Road Dollars (Lump Sum) 8-22 Abandon existing 12-inch 1 LS domestic water main (550 Zone) at Aviara Parkway per d t 'I on plans at . Dollars (Lump Sum) &%dgp finu,md e Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 18 of 166 Pages L.. I Item - No. - B-23 Approximate Quantity Unit and Unit - Price - Total DescriDtion Abandon existing 1 &inch domestic water main (375 Zone) at Aviara Parkway per detail on plans at Dollars (Lump Sum) d rime -nif;an 2 EA $2pE B-24 Furnish and install 12-inch resilient wedge gate valve per Carlsbad Municipal Water District Standard Drawing No. W16at Dollars Each ~WP n7ouso~ld FIV& I-kudred I B-25 90” I 1 EA $ Furnish and install a 4-inch blowoff assembly per Carlsbad Municipal Water District Drawing No. W11 at Dollars Each ~mr ~~uwnd -- B-26 1 LS $ e t Provide excavation safety measures for Schedule B including sheeting, shoring and bracing, or equivalent method for the protection of life and limb in trenches and open excavation in conformance with Dollars (Lump Sum) 1LS $2/.s? $ A- / B-27 Traffic Control for Schedule B Dollars (Lump Sum) Total amount of bid in words for Schedule “B: F1f1 kh ndrald Fw fiur CI Total amount of bid in numbers for Schedule “B”: $ c c Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 19 of 166 Pages SCHEDULE “C” RECYCLED WATER MAINS IN POlNSElTlA LANE AND BLACK RAIL ROAD Item - No. Description Approximate Quantity Unit and Unit - Price - Total I- - - P .- -P c c C-1 Perform exploratory excavations 1 LS for underground utilities for Schedules C and F at na %umd t-\w t+hr&i<fd Dollars (Lump Sum) CML, tape-wrapped and mortar coated steel recycled water $7 C-2 Construct 24-inch diameter 410LF $270- C-3 Construct 18-inch diameter 1,427 LF $ C-905 Class 165 PVC recycled water transmission main Zone) at . vmw fl\/P_ Dollars per Linear Foot Construct the connection of the existing 24-inch diameter steel recycled water transmission main to the existing 18-inch and the new 24-inch diameter steel recycled water transmission mains for the 384 Zone at the intersection of Poinsettia Lane and Black Rail Road, in accordance with the detail on C-4 Dollars (Lump Sum) e Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 20 of 166 Pages Item - No. c-5 C-6 c-7 C-8 Description Approximate Quantity Unit and Unit - Price - Total Construct the connection of the 18-inch diameter C905 PVC recycled water transmission main to the existing 8-inch and 18-inch recycled water transmission main (550 Zone) at the intersection of Poinsettia Lane and Black Rail Road, and remove portions of the existing 18-inch diameter CML&C steel piping for the 384 Zone at TmhA ?-I vi5 7hW& Dollars (Lump Sum) Construct the connection of the LS $ $ 24-inch diameter CML, tape-wrapped and mortar coated steel pipe transmission main to the existing 18-inch DIP main in (384 Zone) ‘Black Rail Road at Station No. 94+10 at I Flivs-G/ 7130 usand 1 Dollars (Lump Sum) Construct connection to the existing 18-inch diameter recycled water transmission main (550 Zone) at Station No. 73+30.47 at E& moclsauLh Dollars (Lump Sum) Construction of connection of the 24-inch diameter steel CML, tape-wrapped and mortar coated recycled water transmission main to the existing 10-inch PVC recycled water main (384 Zone) in Black Rail Road per the detail LQQF’ - $7 1 LS Dollars (Lump Sum) Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 21 of 166 Pages Approximate Quantity Unit and Unit - Price I Item Total - No. DescriDtion Furnish and install a 24-inch diameter butterfly valve per Carlsbad Municipal Water District Standard Drawing No. c-9 Dollars Each 4 EA $- c-10 Furnish and install an 18-inch diameter butterfly valve per Carlsbad Municipal Water District Standard Drawing No. W17 at Dollars Each ur ~musauKJ !=/YE HL4ndWd c-11 Furnish and install a 1 O-inch resilient wedge gate valve per Carlsbad Municipal Water District Standard Drawing No. 1 EA $ i Dollars Each c-12 I 1 EA $ Furnish and install an 8-inch resilient wedge gate valve per Carlsbad Municipal Water District Standard Drawing No. 7 EA $e $- C-13 Furnish and construct a 2-inch manual air release valve assembly per Carlsbad Municipal Water District St ndard Drawing No. W6 at Dollars Each &,o THOU%?di) c C-14 Furnish and construct a 2-inch air release and vacuum relief valve assembly per Carlsbad Municipal Water District 4 EA $ Sta dard Drawing No. W7 t Dollak Each- dPGE T#vu.sanJ - Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 22 of 166 Pages Approximate Description and Unit Price Total Furnish and install a 4-inch 1 EA blow-off assembly per Carlsbad Municipal Water District Standard Drawing No. W11 at Quantity Unit Four 7ttou%m/l) c - Item - No. - C-15 (2-16 c-17 - -- C-18 c-19 Dollars Each Furnish and install a 2-inch 1 EA $ blowoff assemblv Der Carlsbad F J Municipal Wate;District Drawing No. W17 at FlVE HUY)Dh?-E/) Dollars Each Construct connection of 18-inch 1 LS $ main (550 Zone) to existing 18- inch PVC at Station 81 +90 at r+E E -rrnI!Asm/> THE&? sand Dollars (Lump Sum) measures for Schedule C $7 1 Provide excavation safety 1 LS including shoring, sheeting and bracing or equivalent method for the protection of life and limb in trenches and open excavation in conformance with applicable s e orders at 41”k 77toLI SafUJ $ / Dollars (Lump Sum) Traffic Control for Schedule C at 1 LS $ FW€? tms ann Dollars (Lump Sum) Total amount of bid in words for Schedule “C”: ??mV 1311 1/) deed Ti.&m+u / &dQn f*u5fld, mPF ?z I-t-LCnd r\ed TWh EvP Total amount of bid in numbers for Schedule “C”: $ Y27575- / e Revised: 04/22/02 Contract Nos. 3673, 3585, and 3675 Page 23 of 166 Pages SCHEDULE "D" DEDUCTIVE BID ITEMS - ROADWAY Approximate Quantity and Unit 723 LF 1 EA 1 EA 2 EA 179 LF 382 LF 2 EA 941 TONS I tern - No. D-1 Unit Price - Total Description $ W93Y 8" PVC Sewer Main atr #h E!QM Dollars per Linear Foot - D-2 Sewer Access Hole at L Dollars Each $ [om- D-3 - Adjust Existing Access Hole to Grade at he THnumd Dollars Each $25.- 8" Sewer End Caps at , D-4 _P fwed Dollars EacN D-5 Storm Line A 30" RCP ; Dollars per Linear Foot D-6 Storm Line A 24" RCP Dollars per Linear Foot D-7 Storm Line A Type "6" nouLwuld q~4kj-k kndJial;"l Dollds Each D-8 A.C, Pavement at e Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 24 of 166 Pages Item - No. D-9 D-10 D-11 D-12 D-13 D-14 D-15 D-16 D-17 Approximate Quantity Description and Unit A gregate Base at 2,259 TONS &m-?n dollars 4-u FW rm Dollars'per Ton 6" Curb & Gutter per SDRSD G-2 at Dollars per Linear Foot 4" PCC Sidewalk at b doflAf5 6Vp tfA& Dollars per Square Foot Type A Dike per SDRSD G-5 at Ta Dollars per Linear Foot Type A Pedestrian Ramp per SDRSD G-27 at FLVP WfP Dollars Each Type 3 Guardrail per CALTRANS A77D at Vrnf-CI s1.y * Dollars per Linear Foot Median Stamped Concrete at Dollafs per Square Foot F\VP do /la rrs 4hfcl @Pflfi Ifh Fdf A??% Dollars pdr Square Foot Irrigation System including phone line and conduit at I -Ddliari (Lump Sum). 2,745 LF 15,390 SF 96 LF 2 EA 170 LF 16,030 SF 3,920 SF 1 LS Unit Price $ 537' e Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 - Total 333 7z- $7 $ 3969 - 1 Page 25 of 166 Pages Item - No. Description Approximate Quantity and Unit D-18 Meter Pedestal and Electrical 1 LS Conduit at vf -7hmsd Dollars (Lump Sum) D-19 Construct 2” domestic water 1 LS service with 1.5” meter per CMWD Standard Drawing W4 and 2 recycled water service Dollars (Lump Sum) D-20 200-Watt High Pressure 5 Em Sodium Street Lights with Unit Total $- re- 2000 - $7 Total amount of bid in words for Schedule “D“: Total amount of bid in numbers for Schedule “D”: $ Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 26 of 166 Pages - L c c Item - No. E-1 E-2 E-3 E-4 E-5 SCHEDULE “E” DEDUCTIVE BID ITEMS - DOMESTIC WATER MAINS Description Construct 30-inch diameter CML tape-wrapped and mortar coated steel domestic water transmission main (550 Zone) at ckcd‘d SiK+Lf 6 WW r 111 Dollars per Linear Foot Furnish and install 30-inch butterfly valve per Carlsbad Municipal Water District Standard Drawing No. W 17 at Boi 11 + ;Tl/lousahd Dollars per Linear Foot Furnish and install 8-inch resilient wedge gate valve per Carlsbad Municipal Water District Standard Drawing No. W16 and 8-inch blind fl nge at one m USQn J L;IK HMd Vd Dollars Each Furnish and construct a 2-inch air release and vacuum relief valve assembly per Carlsbad Municipal Water District Standard Drawing No. W7 at Two n-0 CcSQvld Dollars Each L;rp,il@f) .t-kc n&p d Furnish and construct a 4-inch air vacuum relief assembly per Dollars Each Approximate Quantity and Unit 637 LF 1 EA 3 EA 2 EA 1 EA Unit - Price $ 16.5. $ 2 f 7m - Total Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 27 of 166 Pages - Item - No. .--- L- E-6 E-7 E-8 E-9 DescriDtion Construct the connection to the existing 30-inch diameter domestic water transmission main (550 Zone) at Station No. 56+54.33 at .p@fl7-ffDUSCi.u? Dollars (Lump Sum) Furnish and install cathodic protection for 30-inch CML tape-wrapped and coated steel pipe in the 550 Zone for Schedule E at .1/1 IJ) (e Th8U Sa-fld Dollars (Lump Sum) Abandon 18-inch domestic water main (550 Zone) approx. Station 43+29 at FIVE mnu5;Ct fl d Dollars (Lump Sum) Provide excavation safety measures for Schedule E including sheeting, shoring and bracing, or equivalent method for the protection of life and limb in trenches and open excavation in conformance with applicable safetv orders at Dollars (Lump Sum) Approximate Quantity Unit and Unit - Price Total 5xAf Th+!ge Total amount of bid in words for Schedule “E”: dh4p L%!!fldfir/ u%n d; TIWW hu.fiddd Total amount of bid in numbers for Schedule “E”: $ Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 28 of 166 Pages Item - No. F- 1 F-2 F-3 F-4 F-5 SCHEDULE "F" DEDUCTIVE BID ITEMS - RECYCLED WATER MAINS Description Construct 18-inch diameter C-905 Class 165 PVC recycled water transmission main (550 Zone) at ,S~WkQ Two. Dollars per Linear Foot Furnish and install 3/8-inch thick steel casing and accessory equipment per detail on the plans at STA 84+51 at Swefl TH23 bf 9GA d Approximate Quantity and Unit 214 LF 1 LS Unit Price - $ ?-- Dollars (Lump Sum) Construct the connection of the 18-inch diameter C905 PVC (550 Zone) recycled water transmission main to the existing 1 O-inch recycled water main (384 Zone) within the "D" Tank site per the detail on the plans at faeMQr7 m0iAmq' Dollars (Lump Sum) Furnish and install a 10-inch resilient wedge gate valve per Carlsbad Municipal Water District Standard Drawing No. W16 at Ti mmd Dollars Each Furnish and construct a 2-inch air release and vacuum relief valve assembly per Carlsbad Municipal Water District Standard Drawing No. W7 at ouqand. Dollars Each 1 EA 1 EA Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 $ 2*O Page 29 of 166 Pages Item - No. Description F-6 Remove existing 12-inch gate valve, install blind flange on existing tee, and plug and abandon existing 12-inch diameter recycled water pipe in Poinsettia Lane at amroximate Approximate Quantity Unit and Unit - Price - Total F-7 Provide excavation safety measures for Schedule F including shoring, sheeting and bracing or equivalent method for the protection of life and limb in trenches and open excavation in conformance with applicable safety orders at cp rio ~husan Dollars (Lump Sum) Total amount of bid in words for Schedule “F:- OPENED, WITNESSED AND RECORDED: J laLC(/ I-bA.d ~yd f+qh c b1 hV‘5 Total amount of bid in numbers for Schedule “F: $ YQ8- F Total amount of bid in words including Schedules “A through “F”: 2, 7% 559 7~00 m‘l, I I I‘on One HundwdSwrn9 n ins-rnsad - FM Hundvifd Gqq Tog1 amount of bid in numbers including Schedules “A through ‘IF”: $ 2, I 7q 5 5 9 . lclP dOf1w-S The basis of award will be the total amount of Schedules “A through ‘IF”. The City of Carlsbad and/or CMWD reserves the right to delete any or all Deductive Bid Items from Schedules “D”, “E”, and “F” without penalty or change in the price of other bid items. Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). 1- ,3 proposal. hadhave been received and islare 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. e Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 30 of 166 Pages -- I 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 f a contractor within the State of California,-validly licensed under , classification e cHz7 which expires on d that this statement is true a$d &rrect and has the legal effect of 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 5 7028.1 5(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract Is awarded, the contractor shall be properly licensed. Public Contract Code 5 101 64. The Undersigned bidder hereby represents as follows: 1. That no Council member, Board of Directors 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, the Board of Directors, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is pmwT/ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (1 0%) of the amount bid. l &a 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. e Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 31 of 166 Pages License Detail Page 1 of 2 California Home Monday, January 27,2003 Contractor License # 549309 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, an icon will appear below. Click on the icon to obtain additional complaint information. Per B&P 7071.1 7, only construction related civil judgments known to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. DISCLAIMER Extract Date: 01/27/2003 * * * Business Information * * * ORION CONSTRUCTION CORPORATION 1621 S RANCHO SANTA FE RD #A SAN MARCOS, CA 92069 Business Phone Number: (760) 591 -91 81 Entity: Corporation Issue Date: 11/22/1988 Expire Date: 11/30/2004 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Additional Status Information * * * The license may be suspended on 02/26/2003 if the workers' compensation insurance policy is not filed with the CSLB. * * * Classifications * * * IlCIassll Descrbtion II GENERAL BUILDING CONTRACTOR GENERAL ENGINEERING CONTRACTOR 1/27/2003 License Detail Page 2 of 2 IFIILANDSCAPING * * * Certifications * * * llcertll DescriDtion II - _. . I HAZARDOUS SUBSTANCES REMOVAL^^ * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 661975 in the amount of $7,500 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date: 07/01 /1994 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) RICHARD JAMES DOWSING certified that he/she owns 10 percent or more of the voting stocklequity of the corporation. A bond of qualifying individual is not required. Effective Date: 06/05/2001 BQl's Bondina History * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 1607262 Effective Date: 11/07/2000 Expire Date: 01/01/2003 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses ____ License Number ._._ Request Contractor Name Request Salesperson Request Salesperson Name Request Personnel Name Request 8 2002 State of California. Gray Davis, Governor. Conditions of Use Privacy Policy 1/27/2003 Personnel List Page 1 of 1 Monday, January 27, 2003 California Home Contractor License # 549309 Click on the person's name to see a more detailed page of information on that person. Name DEXTER STRlCKLlN WILSON FIA YUEN DOWSING RICHARD JAMES DOWSING RONALD J SUSl MARK RICHARD DOWSING Association Disassociation More Date Date Class Title S/T 1 1 /22/1988 01/11/1990 PRESIDENT 01/11/1990 RMON 1 1/22/1988 PRESIDENT 11/22/1988 01 /11/1990 OFFICER 10/22/2002 HAZ More ...- License NuEber Request Contractor Name Request Personnel Name Request Salesperson Request Salespersonfiame Request 63 2002 State of California. Gray Davis, Governor. Conditions of Use Privacy Policy http : //w w w 2. c slb . c a. gov/CSLB-LIBR ARY/Personnel+Li s t . asp?LicNum=549309 1/27/2003 e - - IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted r- (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State (4) ZipCode Telephone No. IF A PARTNERSHIP, SIGN HERE: c (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) -- (3) Place of Business (Street and Number) City and State (4) ZipCode Telephone No. IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted Impress Corporate Seal here .- - ... ... - ... ... - ... - c a Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 32 of 166 Pages .- - F CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof /fM BLG% 0 } SS. lflL personally appeared bo WSM4 N#e(s) of Signer@) &sonally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Title or Type of Document: $In I) WmJm 3.t 32 bf/ bb Document Date: Number of Pages: f Description of Attached Document Signer(s) Other Than Named Above: &d&' Capacity(ies) Claimed by Signer's Name: R-h 0 Individual ._- dcorporate Officer - Title(s): / /3i I 0 Partner - 0 Limited Z General C Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: e 0 1999 National Notary Asmiation - 9350 De Sot0 Ave., P.0. Box 2402 - ChatSwCRh. CA 91313-2402 * www.naiionalnotary.org Prod. No 5907 Reorder: Call Toll-Free 1-800-876-6827 (3) incorporated under the laws of the State of - c (Street and Number) L c NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE AlTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: c 1 Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 33 of 166 Pages EQUIPMENT/MATERIAL SOURCE INFORMATION TO ACCOMPANY PROPOSAL POlNSElTlA LANE-REACH C - CONTRACT NO. 3673 DOMESTIC WATER TRANSMISSION MAINS - CONTRACT NO. 3585 RECYCLED WATER TRANSMISSION MAINS - CONTRACT NO. 3675 - The Bidder shall indicate opposite each item of equipment or material listed below, the name of the one supplier and manufacturer of each item or equipment or material proposed to be furnished under the bid. Awarding of a contract under this bid will not imply approval by City or the manufacturers c listed by the Bidder. Equipment c Manufacturer 1. NOT APPLICABLE NOT APPLICABLE c c -- 2. NOT APPLICABLE (Manufacturer) NOT APPLICABLE 3. NOT APPLICABLE (Manufacturer) NOT APPLICABLE (Manufacturer) Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 34 of 166 Pages BID SECURITY FORM (Check to Accompany Bid) POlNSElTlA LANE-REACH C - CONTRACT NO. 3673 DOMESTIC WATER TRANSMISSION MAINS - CONTRACT NO. 3585 RECYCLED WATER TRANSMISSION MAINS - CONTRACT NO. 3675 (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 ($ )l this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted .contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. - -_ c -, BIDDER - *Delete the inapplicable word. (Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) - - -. c a Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 35 of 166 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL POlNSEmA LANE-REACH C - CONTRACT NO. 3673 DOMESTIC WATER TRANSMISSION MAINS - CONTRACT NO. 3585 RECYCLED WATER TRANSMISSION MAINS - CONTRACT NO. 3675 KNOW ALL PERSONS BY THESE PRESENTS: mat we,ORION CONSTRDCTION CORPORATION as principal, and DEWSIT OF pi~~m 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 tha bid amount)TEN PERCENT (10%) OF BID for which successors or assigns, jointly and severally, fitmly by these presents. THE CONDITION OF THE FOREGOlNG OBLIGATION IS Such that if the proposal of the above-bounden Principal for: FIDELITY AND I payment, well and truly made, we bind ourselves, our heirs, executors and administrators, I I POINSEmA LANE-R&ACH C - CONTRACT NO. 3673 DOMESTIC WATER TRANSMISSION MAINS - CONTRACT NO, 3585 RECYCLED WATER TRANSMISSION MAINS CONmACT NO. 3675 L 1 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duty 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 Caflsbad, being duly notified of said award, then this obligation shall become nuU and void; otherwise, it shall be and remain in full force arid effect, and the amount specified herein shall be forfeited to the said City. I ,- -- - .".-".- - - .... .... .... .... ..., .dh. .... ..,, .... .... .... Revised: 04/22/02 Contract Nos. 3673,3585. and 3675 Page 36 of 166 Paues In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from it5 obligations under this bond. Executed by PRINCIPAL this 27m day of JANUARY ,20 03 . P R I NCIPAL: ORION CONSTRUCTION CORPORATION (nafi of Principal) (sign here) (Title and Organization of Signatary) By: v (sign here) VP/Je. c?4fd &AW. (title' and organization of signatory) Executed by SURETY this 27~~ day of JANUARY .,zoo3 . SURETY: FIDELITY AND DEPOSIT COMPANY OF MAR- (name of Surety) 225 S. LAKE AVE. SUITE 700, PASADENA, CA 91101 (address of Surety) 6261792-2311 , dY H. DOWNS (printed name of Attomey-in-Fact) (Attach corporate resolrrtjon showing current power of attorney.) (Proper notarial acknowledge 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 corpotation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL City Attomey/General Counsel e Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 37 of 166 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT /c ,- State of California } ss. County of 4/@0 Name and Title of Officer (e.g , "Jane Do4 Nbtary Public") On ~/~~b~ , before me,m-p e. personally appeared DQUSLNA Narne(s) 6f Signer(s) &rsonally known to me 0 proved to me on the basis of satisfactory evidence Place Notary Seal Above to be the person(s) whose name(s) idare 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 hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I Sicnature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: z Signer(s) Other Than Named Above: -E ~C/MFq *bqr,N4 Capacity(ies) Signer's Name: 3rz:r:; Officer - Title(s): pw/ a&T- - , 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: mt5.d mrx 0 1999 National Notary Association * 9350 De Soto Ave., P.0. Box 2402 - Chatsworlh. CA 91313-2402 - w.nationaInotary.org Prod. No. 5907 Reorder Call Toll-Free 1-800-876-6827 .L CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } SS. County of /eP - 13. WM-+,~,WJ?&Z Name and Title of Officer (e g , 'Jane Doe kotary Public") On u(/{7/@3 , before me,pW'' personally appeared Place Notary Seal Above @personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir 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. ' S5nature of Notary Public c/ OP TlONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 8/9vpc.z=L5 -@%+n Document Date: 0 1 '/fl? ,! U? Number of Pages: 2, Signer(s) Other Than Named Above: fib WJIN4. Capacity(ies) Claimed by Signer drporate Officer - Title(s): -<=- /./. ?. 0 Partner - 0 Limited General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer's Name: Rp+ = afbN4 I vidual - Signer Is Representing: eF1d &FA e I 62 1999 National Notary Association * 9350 De Sot0 Ave., P.0. Box 2402 - Chatswofih. CA 91313-2402 * www.nallonalnotary.org Prod No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT SAN DIEGO State of County of CALIFORNIA 27 JANUARY 2003 before me, BROOKE LAFRENZ , NOTARY PUBLIC Y NAME. TITLE OF OFFICER - E.G., 'JANE DOE. NOTARY PUBLIC' On DATE personally appeared WENDY H. DOWNS Y NAME(S) OF SIGNER(S) personally known to me - OR - 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 ac- knowledged 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. CAPACIN CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT rmYS) PARTNER(S) 0 LIMITED 0 GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIANICONSERVATOR OTHER: DATE OF DOCUMENT SIGNER is REPRESENTlNG: NAME OF pERsoN(s) OR ENlTw(lES) SIGNER(S) OTHER THAN NAMED ABOVE SURETY Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified does hereby nominate, constitute and appoint Larry D. COGDILL, Ingrid Erika CR hael W. THOMAS and Wendy H. DOWNS, all of San Diego, California, EACH it ey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as sur d undertakings and the execution of such bonds or undertakings in purs said Company, as fully and amply, to all intents and purposes, as if they had been duly exe ularly elected officers of the Company at its office in Baltimore, Md., in the kes that issued on behalf of Lany D. COGDILL, Ingrid Erika CROSBY ed September 28, 1999. The said Assistant Secretary does on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said C IN WITNESS WHEREOF, the said eunto subscribed their names and affixed the Corporate Seal of the sai RYLAND, this 2nd day of August, A.D. 200 1. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND L. L. Goucher Assistant Secretary M. P. Hammond Vice President 1 State of Maryland County of Baltimore ss: On this 2nd day of August, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affied and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Carol J. Fader Notav Public My Commission Expires: August 1 , 2004 POA-F 0124561 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND _._. “Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-presidents and Attomeys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... and to affix the seal of the Company thereto.” CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in fill force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: “That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.” IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, - this 27TH day of JANUARY 7 2003, Assistant Secretary Company Profile Page 1 of 2 I- Company Profile FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER 1 SCHUAMBURG, IL 60196-1056 800-382-2150 Agent for Service of Process ANDREW K. PLATT, CORPORATE CENTER 225 SOUTH LAKE AVE SUITE 700 PASADENA, Unable to Locate the Ayent for Service of Process? CA 91 101-0000 Reference Information NAIC #: 39306 NAIC Group #: 0212 California Company ID #: 2479-4 Date authorized in California: License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: MARYLAND January 01,1982 Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS http://cdinswww.insurance.ca.gov/pls/wu~co~prof/idb~co~prof~utl.get~co~prof?p~EID=62 ... 1/27/2003 Company Profile PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies 3 Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - January 08,2003 06:21 PM Copyright 0 California Department of Insurance Disclaimer Page 2 of 2 http://cdinswww.insurance.ca.gov/pls/wu~co_prof/idb~co_prof_utl.get~co~prof?p~EID=62... 1/27/2003 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID" AND "DESIGNATION OF OWNER OPERATOWLESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK" FORMS REFERENCES Prior to preparation of the following Subcontractor and Owner OperatodLessor disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the Supplemental Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1 -2 of the Supplemental Provisions especially "Own Organization" and "Owner Operator/Lessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of these Supplemental Provisions. CAUTIONS 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 proposed to be performed by the Bidder by other than the Contractor'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 who the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed by the State of California who the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess on one-half on one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as in integral part of the bid offer. - - Bidder shall use separate disclosure forms for each Subcontractor or Owner OperatodLessor (O+O) of manpower and equipment that is it proposes to use to complete the Work. Additional copies of their forms must be attached if required to accommodate the Contractor's decision to use more than one Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out. There forms must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Neither the amount in dollars, of work performed by the Bidder's own forces (as Contractor) nor the Bidder's overhead and profit for subcontracted items of the work is included to compute the percentage of the work performed by Subcontractors or Owner Operators/Lessors. - - When the Bidder proposes that any bid item installed by a Subcontractor or Owner OperatodLessor the amount, in dollars, of the bid item by each Subcontractor or Owner Operator/Lessor must be entered under the columns "Amount of Subcontractor's Bid in Bid Item Including Subcontractor's Overhead & Profit" or "Amount of Owner OperatodLessor Work in Bid Item Including Owner Operator/Lessor's Overhead & Profit" unless the dollar amount of all work performed by any Subcontractor or Owner OperatodLessor is less than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit Price, less the Bidder's overhead and profit shall be multiplied by the Quantity of the bid item that the Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed. e- - I e - Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 38 of 166 Pages c - Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor or Owner Operator/Lessor installed bid item that is supplied by the shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor or Owner Operator/Lessor installing said item. L_ - r- The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets) shall be entered in the "Bid Item No." column. When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must be entered on the form. If the Subcontractor does not have a valid business license enter "NONE" in the appropriate space. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The number of additional form pages shall be entered on the first form page of each type so duplicated. When the Bidder proposes using a subcontractor or owner operatodLessor to construct or install less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet shall be provided by the Contractor to clearly apprise the Agency of the specific facts that=show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the contract shall determined by the City Council in conformance with the provisions of the contract documents and these Supplemental Provisions. The decision of the City Council shall be final. - I -,-- @ Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 39 of 166 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS POlNSEmA LANE-REACH C - CONTRACT NO. 3673 DOMESTIC WATER TRANSMISSION MAINS - CONTRACT NO. 3585 RECYCLED WATER TRANSMISSION MAINS - CONTRACT NO. 3675 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 the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half on one percent (0.5%) of the Bidder’s total bid or ten thousand dollars $1 0,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: /?- @“- LNC w 7?77 7 State Zip Subcontractor’s Location of Business: v+dY City * Subcontractor’s Telephone Numoer plus Area Code: if-- k5 47- 77x0 -- * Subcontractor’s California State Contractors License No. & Classification: ,Fyb gg-/ : p4x7 * Subcontractor’s Carlsbad Business License No.: 7\3 - rn@W+53 &%El? SUBCONTRACTOR’S BID ITEMS Bld In Bid Item Including Item Performed by, , ExDlanation: Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the Bidder’s overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 12 through 33, inclusive. *Pursuant to section 4104 (a)(2)(A) California Public Contracts Code receipt of the portions of the information precede by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting I Column 1 - Bid Item No. from the bid proposal, pages 12 through 30, inclusive. i 1 I -- Bids”. . Dpr4c( - f Page [ of 5 pages of this Subcontractor Designation form 1 a Revised: 04/22/02 Contract Nos. 3673, 3585, and 3675 Paqe 40 of 166 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS POINSElTIA LANE-REACH C - CONTRACT NO. 3673 DOMESTIC WATER TRANSMISSION MAINS - CONTRACT NO. 3585 RECYCLED WATER TRANSMISSION MAINS - CONTRACT NO. 3675 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 the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half on one percent (0.5%) of the Bidder's total bid or ten thotrsand dollars $1 0,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: R,L: Mc rl&& fWgy\M4. /rcTc. I $?i%BF- ZiP & State Subcontractor's Location of Business: VLrn City Subcontractor's Telephone Number plus Area Code: 360- fy/- 1247 * Subcontractor's California State Cw+mteW-icense mv2a No. & Classification: L-&Zb5 Subcontractor's Carlsbad Business License No.: /ao95--A 7 SUBCONTRACTOR'S BID ITEMS Bid in Bid Item Including Item Performed by, Contractor's 1 I I ExDlanation: Column 1 - Bid Item No. from the bid proposal, pages 12 through 30, inclusive. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Bidder's overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 12 through 33, inclusive. *Pursuant to section 4104 (a)(2)(A) California Public Contracts Code receipt of the portions of the information precede by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids". I I - Page - 2 of 5 pages of this Subcontractor Designation form @wqu wj7- 1 ( Revised: 04/22/02 Paqe 40 of 166 Pages Contract Nos. 3673.3585. and 3675 l- I DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS POINSEmA LANE-REACH C - CONTRACT NO. 3673 DOMESTIC WATER TRANSMISSION MAINS - CONTRACT NO. 3585 RECYCLED WATER TRANSMISSION MAINS - CONTRACT NO. 3675 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 the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half on one percent (0.5%) of the Bidder's total bid or ten thousand dollars $1 0,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: rwc c=*y r< //2/ c. 1 Subcontractor's Location of Business: fyfl& my City / State Zip Subcontractor's Telephone Number plus Area Code: 6 [p - bob L3 Subcontractor's California State Contractors License No. & Classification: * Subcontractor's Carlsbad Business License NO.:^ %'gfie 4- LH3/ SUBCONTRACTOR'S BID ITEMS Bid in Bid Item Including Item Performed by, Contractor's Explanation: Column 1 - Bid Item No. from the bid proposal, pages 12 through 30, inclusive. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Bidder's overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 12 through 33, inclusive. *Pursuant to section 4104 (a)(2)(A) California Public Contracts Code receipt of the portions of the information precede by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids". Page - 3 of 5 pages of this Subcontractor Designation form -* b Revised: 04/22/02 Contract Nos. 3673.3585. and 3675 Paae 40 of 166 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS POINSElllA LANE-REACH C - CONTRACT NO. 3673 DOMESTIC WATER TRANSMISSION MAINS - CONTRACT NO. 3585 RECYCLED WATER TRANSMISSION MAINS - CONTRACT NO. 3675 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 the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half on one percent (0.5%) of the Bidder‘s total bid or ten thousand dollars $1 0,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: Rowma 4&a& m57T HeP Subcontractor’s Location of Business: ePqcQ)/DQ C& Y2fl-G City / State Zip Subcontractor’s Telephone Number plus Area Code: 760- %! 7- vl% - * Subcontractor’s California State Contractors License No. & Classification: b57 ?Sf>A Subcontractor‘s Carlsbad Business License No.: E iDwv-pm &Ea? SUBCONTRACTOR’S BID ITEMS Bid in Bid Item Including Item Performed by, Contractor’s I I Exolanation: Column 1 - Bid Item No. from the bid proposal, pages 12 through 30, inclusive. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor‘s own forces. Column 4 - The dollar amount of the Bidder’s overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 12 through 33, inclusive, *Pursuant to section 4104 (a)(2)(A) California Public Contracts Code receipt of the portions of the information precede by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids”. 1 i I I - 1 1 Page of $- pages of this Subcontractor Designation form 4m kg Revised: 04/22/02 Contract Nos. 3673. 3585. and 3675 Paae 40 of 166 Pages I I I I I 1 1 ” 1 t DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS POINSETTIA LANE-REACH C - CONTRACT NO. 3673 DOMESTIC WATER TRANSMISSION MAINS - CONTRACT NO. 3585 RECYCLED WATER TRANSMISSION MAINS - CONTRACT NO. 3675 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 the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half on one percent (0.5%) of the Bidder‘s total bid or ten thousand dollars $1 0,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: R@mQ &+XC J*j, Zip ctp State Subcontractor’s Location of Business: City Subcontractor’s Telephone Number plus Area Code: ?& @ - yf7- 8 L7’/ 2 * Subcontractor’s California State Contractors License No. & Classification: 6 5 7 ?sy c ‘ A * Subcontractor’s Carlsbad Business License No.: & PW/Tx3 M? SUBCONTRACTOR’S BID ITEMS Explanation: Column 1 - Bid Item No. from the bid proposal, pages 12 through 30, inclusive. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the Bidder‘s overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 12 through 33, inclusive. *Pursuant to section 4104 (a)(2)(A) California Public Contracts Code receipt of the portions of the information precede by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids”. Page 5 of f75-- pages of this Subcontractor Designation form mretc, WZT (22 z/Q7 w fr9 Revised: 04/22/02 Contract Nos. 3673. 3585. and 3675 Paae 40 of 166 Pages BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) -- POlNSElTlA LANE-REACH C - CONTRACT NO. 3673 DOMESTIC WATER TRANSMISSION MAINS - CONTRACT NO. 3585 RECYCLED WATER TRANSMISSION MAINS - CONTRACT NO. 3675 Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. I @ Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 41 of 166 Pages STRUCTION CORPORATION S. RANCHO SANTA FE RD. SUITE A MARCOS, CA 92069 :NSE # 549309 t .. .”.- ORION CONSTRUCTION CORPORATION BALANCE SHEETS MARCH 3 I, 2002 SEE ACCOUNTANTS COMPILATION REPORT ASSETS 2002 CURRENT ASSETS CASH (NOTE A) $ 519.273 CONTRACT RECEIVABLES (NOTES A & B) 2,531,379 SHAREHOLDER RECEIVABLE 50,000 PREPAlD EXPENSES AND OTHER 25,849 COSTS AND ESTlMATED EARNINGS IN EXCESS OF 1,723,162 BILLINGS ON UNCOMPLETED CONTRACTS (NOTES A & D) TOTAL CURRENT ASSETS 4,849,663 PROPERTY AND EQUIPMENT (NOTES A & C) I ,611,471 LESS: ACCUMULATED DEPRECIATION (897,438) 714.033 OTHER ASSETS .- DEPOSITS 2,250 TOTAL OTHER ASSJ3S 2,250 S 5,565,944 SEE NOTES TO FINANCIAL. STATEh.IwTs -2- LIABILITIES AND STOCKHOLDER'S EQUITY 202 CURRENT LIABILITIES ACCOUNTS PAYABLE ACCRUED EXPENSES AND PAYROLL TAXES PAYABLE INCOME TAXES PAYABLE (NOTE H) DEFERRED INCOME TAXES (NOTES A & H) BILLINGS IN EXCESS OF COSTS AND ESTIMATED EARNINGS ON UNCOMPLETED CONTRACTS OJOTES A & D) LINE OF CREDIT (NOTE E) CURRENT MATURITIES OF LONG-TERM DEBT (NOTE F) TOTAL CURRENT LIABILITIES $ 2,669,069 554,307 110,948 0 315,424 199,775 168,97 1 4,018,495 LONG-TERM LIABILITIES NOTES PAYABLE (NOTE F) 381,773 381,773 -- TOTAL LIABILITIES 4,400,268 STOCKHOLDERS EQUITY COMMON STOCK, NO PAR AUTHORIZED 100,000 SHARES IS SUED 1,000 SHARES OUTSTANDING 1,000 SHARES 1,000 ADDITIONAL PAID IN CAPITAL 161,867 RETAINED EARNINGS 1,002,810 1.165677 f 5,565,944 ORION CONSTRUCTION CORPORATION STATEMENTS OF INCOME AND RETAINED EARNINGS SEE ACCOUNTANTS COMPILATION REPORT FOR THE SIX MONTHS ENDED MARCH 3 1,2002, INCOME 2002 REVENUES EARNED (NOTE A) f 7,225,322 COST OF REVENUES EARNED (SCH I) 6,608,399 GROSS PROFIT 616.923 GENERAL AND ADMINISTRATIVE EXPENSE (SCH 11) 326,175 OPERATING INCOME 290,748 NONOPERATING INCOME (EXPENSE): INTEREST INCOME 3,794 INTEREST EXPENSE (1 3,753) MISCELLANEOUS INCOME W/C REFUND 33,869 LOSS ON DISPOSAL OF FIXED ASSET 0 PENALTIES (1021 23,808 314,555 INCOME BEFORE PROVISION FOR INCOME TAXES - PJCOME TAXES (NOTES A & H) 124,937 NET INCOME f 189,618 RETAINED EARNINGS 2002 RETAINED EARNINGS AT BEGINNING OF YEAR, S 813,192 LESS: DIVIDENDS PAID 0 ADD: NET INCOME 189,618 RETAINED EARNlNGS AT END OF PERIOD. S 1,002,810 SEE NOTES TO FIiVAhCIAl. STATEn.tEhrTs I a . .1 . ORION CONSTRUCTION CORPORATION STATEMENTS OF CASH FLOWS SEE ACCOUNTANTS COMPILATION REPORT FOR THE SIX MONTHS ENDED MARCH 31,2062 2002 ~~ CASH FLOWS FROM OPERATING ACTIVITIES NET INCOME $ 189,618 ADJUSTMENTS TO RECONCILE NET INCOME TO NET CASH PROVIDED BY OPERATING ACTIVITIES. DEPRECIATION 120,000 DEFERRED INCOME TAX (CREDIT) PROVISION LOSS ON SALE OF ASSET (INCREASE) DECREASE IN: CONTRACT RECEIVABLES 2,177,409 SHAREHOLDER RECEIVABLES 0 PREPAID EXPENSES AND OTHER (25,849) COSTS IN EXCESS OF BILLINGS (1,133,917) (19,263) 0 DEPOSITS (1,000) ACCOUNTS PAYABLE AND ACCRUED EXPENSES (1,345,573) ACCURED EXPENSES AND PAYROLL TAXES PAYABLE INCREASE (DECREASE) IN: 286,896 (717,660) (477,16 1) INCOME TAXES PAYABLE ~23) - ’-SILLINGS IN EXCESS OF COSTS CASH FLOWS FROM INVESTING ACTIVITIES NET CASH PROVIDED (USED) BY OPERATING ACTIVITIES PROCEEDS FROM THE SALE OF FIXED ASSETS PURCHASE OF PROPERTY AND EQUIPMENT 0 (265,985) (265,985) PROCEEDS FROM LONG-TERM DEBT 371,792 NET PROCEEDS FROM LINE OF CREDIT 177,575 REPAYMENTS OF LONG-TERM DEBT (32.3 13) 517,054 (226,091) BEGINNING OF YEAR 745,364 NET CASH PROVIDED BY INVESTING ACTIVITIES CASH FLOWS FROM FINANCING ACTIVITIES NET CASH (USED) BY FINANCING ACTIVITIES NET INCREASE (DECREASE) IN CASH CASH SUPPLEMEN’I’AI. DISCLOSURE OF CASH FLOW INFOMA TION CASll PAYMI‘N I S I‘OK INTEREST $ 13,753 INCOME rAXES $ 156,771 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) POlNSElTlA LANE-REACH C - CONTRACT NO. 3673 DOMESTIC WATER TRANSMISSION MAINS - CONTRACT NO. 3585 RECYCLED WATER TRANSMISSION MAINS - CONTRACT NO. 3675 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 hidher responsibility, experience and skill. An attachment can be used. Date Name and Phone Amount Contract Name and Address No. of Person Type of of Completed of the Employer to Contract Work Contract a Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 42 of 166 Pages - tc -u -3u x,a .b tc LU NU >a I t X CD 4 E € z s X 4 2 1 !G + 63% N CJlr CJlo wo 030 mo tdo .!a "0 P? c 81 c s a 2 0 3 -r I .'. 3E3 -0 -0 3c BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION (To Accompany Proposal) POINSETTIA LANE-REACH C - CONTRACT NO. 3673 DOMESTIC WATER TRANSMISSION MAINS - CONTRACT NO. 3585 RECYCLED WATER TRANSMISSION MAINS - CONTRACT NO. 3675 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: Comprehensive General Liability - Workers Compensation Automobile Liability Employer’s Lia b it ity 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, Employer’s Liability, Automobile Liability and Workers Compensation in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. _c - All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: (1) Meet the conditions stated in The Notice inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. (2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. a Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 43 of 166 Pages I ACORD, CERTIFICATE ,,one :k0-556-1900 Fax : 310-556-4702 YSURED INSURERS AFFORDING COVERAGE 0~ NAICI msuRERA: St. Paul Fire C Marine Ins. C64767 TYPE OF INSURANCE POW NUMBER GEFPL AGGREGATE LIMIT APPLIES PER 1 rn JPERC~~ n LOC AUTOMOBILE LlABlUTY - WC flA1 U- OW TORY LIMITS ER E.L EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L DISEASE -POLICY LIMIT s $ S $ c1-s - The City of Carlsbad and Carlsbad Municipal Water District 1635 Faraday Ave. Carlsbad CA 92008-7314 SHOULDANYOFTHEABOVE~DWUCKSECANCEUeDWORETHE~W DATE THEREOF, THE ISWINQ INSURER --MAIL 30 DAYS WWTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P - AUTHORIZED REPRESENTATIVE DATE WUlDDmn7 LIABILITY INSURANCE 04/25/03 THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR OF PRODUCER Near North Insurance, Inc. A840 Century Park East, #llOO 9 Anueles CA 90067 ALTERTHE COVERAGE AFFORDED BY THE POLICIES BELOW. I INSURERB I INSURER C: INSURER D: INSURER E: :OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAM BEEN ISSUED TO THE INSURED NAMED ABOM FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINQ ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT Wmc RESPECT TO WICH 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 HAM BEEN REDUCED BY PAID CLAIMS. UMrn I EACHOCCURRENCE 1s 1,000,000 12/03/02 12/03/03 iyzJE&w) I s 100,000 I IMNERALLlABlLtlY I X KC06100009 A CLAIMSMAM OCCUR $5 000 $1 000 000 $2 000 000 zzl $2 000 000 MED WP (Any QW p.non) PERSONAL 6 AW INJURY GENERAL AGGREQATE III I PRODUCTS - C0MPK)P A00 3,000,000 I EmpBen Ag COMBINED SINGLE LIMIT (E. -1 ANYAUTO ALL OWED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWED AUTOS BODILY INJURY (PW BODILY INJURY (W -1 U II I I GARAGE LlABlUTY ANYAUTO AUTO ONLY - EA ACCIDENT OTHERTHAN E AGG AUTO ONLY: mcn OCCURRENCE s I I EXCEs8/uMBRELIA UABluTy 3 OCCUR [7 CLAIMSMADE AGGREGATE -1 I I DEWCTIBLE RETENTION S WORKERS COMPENSATION AND WPLOYEfW WUTY I ANY PROPRIETOWPARTNE~C~ OFFlCERlMEMEER EXCLUDED? ducrikudu %%W PROVISIONS tdcw OTHER I wnoN OF OPERATIONS I LOCATIONS I VEHICLES I EXCLU~KINS AWED BY ENDORI I I :MENT I SPECIAL PROVISIONS 1 RE: POINSETTIA LAND-REACH C, DWSTIC WATER TRANSMISSION MAINS AND RECYCLED WATER TRANSMISSION MAIN, CONTRACT NO. 3673-3585-3675 THE CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT ARE LISTED AS ADDITIONAL INSURED AS RESPECTS TO LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAWiD INSURED. * 10 DAY NOTICE FOR NON-PAYMENT OF PREMIUM. ORION CONSTRUCTION CORP. POLICY NUMBER: KC061 00009 rc COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: THE CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT RE: POlNSEITlA LAND-REACH C, DOMESTIC WATER TRANSMISSION MAIN CONTRACT NO. 3673 -3585-3675 AND RECYCLED WATER TRANSMISSION MAIN /c (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. PRIMARY INSURANCE: The coverage provided the additional insured is primary and any liabillity insurance policy where the additional insured is a named insured will be considered excess insurance of any damages covered by this policy, we will not seek contribution from the preceding described excess insurance for our named insured's liability imputed to this additional insured. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 CONTRACTORS RECOVERING DruJIAGES FROM A THIRD PARTY ENDORSEMENT This endorsement changes your General Rules. J- How Coverage Is Changed The following replaces the Recovering Damages From A Third Party section. Recovering Damages From A Third Party Any protected person under this policy may be able to recover all or part of a loss -from someone other than us.' Because of this, each protected person must do all that's possible after a loss to preserve any right of recovery available. If we make a payment under this policy that right of recovery will belong to us. But we will not have this right of recovery against any: 0 parent company, or owned or controlled 0 affiliated company over which you have subsidiary of yours; or c management control. We will work with you or any protected person in the exercise of our right of recovery. If we recover any amount as a result of exercising such right, the amount will be divided as follows: 1. 2. 3. Any protected person or other insurer who paid amounts in excess of the limits of coverage that apply under this policy will be reimbursed for the actual amount paid Next, we'll be reimbursed for any payments we've actually made. Then, if any amount remains, any protected person or other insurer who paid amounts before the limits of coverage for this policy applied will be reimbursed for the actual amount paid. Recovery expenses. The expenses incurred in obtaining a recovery of any payment we make under this policy from someone other than us will be divided in the same ratio as that recovery is shared. However, if we bring legal action against .someone else to recover losses on our own or try to obtain f-- recovery and fail to do so, we'll pay all of the expenses we incur in bringing such action. Waver of rights of recovery. We waive any right of recovery we may have against any person or organization that you agree in a written contract to waive. But we'll waive such a right of recovery only for the payments we make under your Contractors Commercial General Liability Protection for covered bodily injury or property damage or medical expenses that result from: your ownership, maintenance, or use of 8 premises that you rent, lease, or borrow from others, or own; or completed work. 0 your products, your work, or your We also waive any right of recovery we may have against any person or organization that you agree in a written contract to waive for any payment we make under your Contractors Commercial General Liability Protection for: 0 covered personal injury; or 0 covered advertising injury. The written contract that requires this waiver of right of recovery must be made before and be in effect when: 0 the bodily injury or property damage 0 the event that causes the bodily Injury happens; or resulting in the medical expenses happens; or injury offense is committed. 0 the personal injury offense or advertising We explain the terms your products, your work, and your completed work in the Products and completed work total limit sect ion. Other Terms All other terms of your policy remain the same. - GO326 Rev. 7-01 Printed in U.S.A. Endorsement oSt.Paul Fire and Marine Insurance Co. 2001 All Rights Reserved ORION CONSTRUCTION CORP. POLICY NO. KC0600009 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@). 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 (2001108) I -- CERTIFICATE OF LIABILITY INSURANCE INSURED Orion Construction Corporation DATE (MMIDDIYY) APR 28 03 COMPANY A: STATE COMPENSATION INSURANCE FUND c7K COMPANY 6: SAFECO INSURANCE CO. OF AMERICA QFq ~ PRODUCER G.S. LEVINE INSURANCE SERVICES (858) 587-2190 THIS CERTIFICATE IS ISSUED AS A MATER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTWE POLICY EXPIRATION IT. C. T. INSURANCE SERVICES. INC. I DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE LIMITS EACH OCCURRENCE IS - I9333 GENESEE AVENUE, SUITE 200 SAN DIEGO CA 92121 FIRE DAMAGE (Any One Fire) lPOLlClES BELOW. . $ I COMPANIES AFFORDING COVERAGE Aoencv Lic#: OD1 5609 GENERAL AGGREGATE $ 1621 S. Rancho Santa Fe Rd. I San Marcos, CA 92069 PRODUCTS-COMP/OP AGG. I &IMPANY ,. LIBERTY INSURANCE UNDERWRITERS (AES) $ POLICY COMMERCIAL GENERAL LIABILITY CLAIMSMADE c] OCCUR PROJECT LOC il I AUTOMOBILE LIABILITY 7 ANYAUTO u I 1,000,000 OlCG273382-10 DEC 3 02 DEC 3 03 COMBINED SINGLE LIMIT $ (Ea accident) /GENL AGGREGATE LIMIT APPLIES PER: m - I BODILY INJURY (Per person) 0 I PERSONAL & ADV INJURY 15 I I PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ EAACC $ ~ OTHER THAN AGG $ ~ ANY AUTO AUTO ONLY: EXCESS LlABlLJTY LQlOB71077717021 DEC 3 02 DEC 3 03 EACH OCCURRENCE $ 9,000,000 4 OCCUR CLAIMSMADE AGGREGATE 0 I WORKERS COMPENSATION AND EMPLOYERS LIABILITY OTHER 1607262-03 JAN 1 03 E.L. EACH ACCIDENT 0 1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS ,. E.L. DISEASE-EA EMPLOYEE ~ $ 1,000,000 I I 4 E.L. DISEASE-POLICY LIMIT I s BODILY INJURY (Per accident) $ 1,000,000 CERTIFICATE HOLDER DEDUCTIBLE RETENTION $ ~~~~~ ADDITIONAL INSURED: INSURER LETTER ~ CANCELMTlON c I t s I I I I I DESCRIPTION OF OPERATIONS/LOCATIONSNEHlCLES/SPECIAL ITEMS SEE SUPPLEMENTAL CERTIFICATE INFORMATION Attention: ACORD 254 (7/97) Certificate # 4192 OD19144 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 71 35 12 93 BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1 Endorsement effective I 12-3-2002 to 12-3-2003 Named Insured Countersigned by 1 ORION CONSTRUCTION CORPORATION (Authorized Representative) Schedule Name of Person or Organization: TRANSMISSION MAINS - CONTRACT NO. 3585 AND RECYCLED WATER TRANSMISSION MAINS - CONTRACT NO. POINSETTIA LANE-REACH C-CONTRACT N0.3673, DOMESTIC WATER 3675. CITY OF SAN DIEGO, IT’S RESPECTIVE ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES. Address: City of San Diego Executive Complex MS 658 101 0 Second Avenue, Suite 500 San Diego, CA 92101 I Premium: $1,000 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Under LIABILITY COVERAGE WHO IS AN INSURED is changed to include as an ”insured” the person(s) or organization(s) shown in the Schedule, but only with respect to “bodily injury” or “property damage” resulting from the acts or omissions of: 1. You; 2. Any of your employees or agents; 3. Any person, except the additional insured or any employee or agent of the additional insured, operating a covered “auto” with the permission of any of the above. B. The insurance afforded by this endorsement does not apply: To “bodily injury” or “property damage” arising out of the sole negligence of the person(s) or organization(s) shown in the Schedule. CA 71 35 12 93 Page 1 of 1 DATE I SUPPLEMENT TO CERTIFICATE OF LIABILITY INS #4192 APR 28 03 ' DESCRIPTION OF OPERATlONS/LOCATlONS/VEHICLES/SPEClAL ITEMS AE: POINSETTIA LANE-REACH C -CONTRACT NO. 3676 DMESTIC WATER TRANSMISSION MAINS - CONTRACT NO. 3585 .€CYCLED WATER TRANSMISSION MANS - CONTRACT NO. 3675 CERTIFICATE HOLDER WHEREVER NAMED SHALL MEAN THE CITY OF CARLSBAD AND THE CARLSBAD MUNICIPAL WATER DISTRICT, THEIR OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED (AUTO) WITH RESPECT TO POINSETTIA LANE- REACH C - CONTRACT NO. 3585, DOMESTIC WATER TRANSMISSION MANS - CONTRACT NO 3585, RECYCLED WATER TRANSMISSION MANS - CONTRACT NO. 3675. WAIVER OF SUBROGATION APPLIES (WC) FORM TO FOLLOW. Certificate # 41 92 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) POlNSElTlA LANE-REACH C - CONTRACT NO. 3673 DOMESTIC WATER TRANSMISSION MAINS - CONTRACT NO. 3585 RECYCLED WATER TRANSMISSION MAINS - CONTRACT NO. 3675 1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State 2. If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred .-- - agency agency period of debarment period of debarment BY CONTRACTOR: me of Contractor) By: (sign here) Page 1 of 1 pages of the Re Debarment form a Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 44 of 166 Pages BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) POINSETTIA LANE-REACH C - CONTRACT NO. 3673 DOMESTIC WATER TRANSMISSION MAINS - CONTRACT NO. 3585 RECYCLED WATER TRANSMISSION MAINS - CONTRACT NO. 3675 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. - 2. - 3. -- 4. 5. 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? -2l Yes no Has the suspension or revocation of your cqvtractors license ever been stayed? Yes no 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 eigh year period? 2 no Yes , Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of the Work ever been gtayed? no 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. c (If needed, attach additional sheets to provide full disclosure) Page / of pages of this Disclosure of Discipline form e Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 45 of 166 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) POINSETTIA LANE-REACH C - CONTRACT NO. 3673 DOMESTIC WATER TRANSMISSION MAINS - CONTRACT NO. 3585 RECYCLED WATER TRANSMISSION MAINS - CONTRACT NO. 3675 - 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. - c If needed attach additional sheets to provide full disclosure. BY CONTRACTOR: name of Contractor) % urn- - By: (sign here) - FkL DDLaS,iIfi (print namehitle) -- Page 2 of pages - 2 of this Disclosure of Discipline form @ Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 46 of 166 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED PUBLIC CONTRACT CODE SECTION 71 06 BY BIDDER AND SUBMllTED WITH BID POlNSElTlA LANE-REACH C - CONTRACT NO. 3673 DOMESTIC WATER TRANSMISSION MAINS - CONTRACT NO. 3585 RECYCLED WATER TRANSMISSION MAINS - CONTRACT NO. 3675 State of California 1 , being first duly sworn, deposes (Name of Bidder) and says that he or she is (Title) rnuQwd (Name of Firm) - of QPWd ws the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. -- I declare under penal of erjury that the foregoin i true and correct and that this affidavit was 2!7& dayof ;JA\Q lj!f ,20@". fl Signature of Bidder Subscribed and sworn to before me 20 03 * - COl 4 c Signature of Notary itract Nos. 3673, 3585, and 3675 Page 47 of 166 Pages _.. - LOAN RECIPIENTS NAME CONTRACT NO. OR SPECIFICATION NO. PROJECT DESCRIPTION ~ PRIME CONTRACTOR INFORMATION PROECT LOCATION NAME AND ADDRESS (Include ZIP Code, DOB, & SSN) PHONE 7& 57/- ?.a/ @e& &SAGA- CWA MBE/WBE INFORMATION MBE 0 WBE NAME AND ADDRESS (Include ZIP Code & DOB) ~ ~~ ~~ 0 MBE WBE AMOUNT OF CONTRACT 0 WBE P MBE p SUBCONTRACTOR 0 SUPPLIEWSERVICE AMOUNT OF CONTRACT$ 59 g 22- 0 JOINTVENTURE 0 BROKER WORK TO BE PERFORMED UJ- r/ ZAb- IJ NAME AND ADDRESS (Include ZIP Code & DOB) /?a/ ESrC?+9€= &-=IC. /2t3 Pe50c4 PHONE 6/9 667 7920 PMBE C WE I 0 SUBCONTRACTOR 0 JOMTVENTURE @ SUBCONTRACTOR 0 SUPPLIEWSERVICE JOMTVENTURE 0 BROKER WORK TO BE PERFORMED 0 SUPPLIEWSERVICE 0 BROKER NAME AND ADDRESS (include ZIP Code & DOBl AMOUNT OF CONTRACT PHONE 619 469 PHONE 0 MBE 0 WBE ~~ I NAME AND ADDRESS(1nclude ZIP Code & DOB) WORK TO BE PERFORMED TOTALMBE AMOUNT: $ 4@, /7 TOTAL WBE AMOUNT: $ cu ACTUAL MBE PARTICIPATION: 228-5 % ACTUAL WBE PARTICIPATION: 0% MBE GOAL: % WBEGOAL: /o % ! -9e8' DATE: 01 fZ 74 SIGNATURE OF PERSON COMPLETING FORM: TITLE: PHONE: ORM 4700-B (rev 2/98) March 17,2000 BP-12 CONTRACT PUBLIC WORKS This agreement is made this A!? rg day of , 2003, by and between the City of Carlsbad, California, a municipal corporafion, (hereinafter called "City"), the Carlsbad Municipal Water District of Carlsbad, California, a municipal corporation, (hereinafter called "District") , and ORION CONSTRUCTION CORPORATION whose principal place of business is 1621 SOUTH RANCHO SANTA FE ROAD, SAN MARCOS, CA 92069 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. documents for: Contractor shall perform all work specified in the Contract POlNSElTlA LANE-REACH C - CONTRACT NO. 3673 DOMESTIC WATER TRANSMISSION MAINS - CONTRACT NO. 3585 RECYCLED WATER TRANSMISSION MAINS - CONTRACT NO. 3675 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. -. - 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2000 Edition, and any 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. - - - - - - I Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 48 of 166 Pages - h 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. 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. Any 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. those indicated. Differing Conditions. Subsurface or latent physical conditions at the site differing from 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: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 49 of 166 Pages c .- 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the District and the City of Carlsbad, 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 inctuding those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the District or 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 District and the City of Carlsbad against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the District and the City. Defense costs include the cost of separate counsel for District or City, if District or 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, the District, or its agents, officers or employees are additional insured. I - b. 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 and the District. - - (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions: 7 Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 50 of 166 Pages - P- a. The District and the City of Carlsbad, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District or 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. - - b. The Contractor's insurance coverage shall be primary insurance as respects the District and City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the District or City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c c. provided to the District and City, its officials, employees or volunteers. Any failure to comply with reporting provisions of the policies shall not affect coverage 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. c - (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91 -403. - - (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. - - t - - a Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 51 of 166 Pages A - 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 201 04) 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 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. I_ (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. - c (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. - - (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisians 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 subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 6 -- I have read and understand all provisions of Section 11 above. I (Initial) (Initial) 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. - c a Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 52 of 166 Pages - 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. . - - 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or othetwise, 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. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE AlTACHED (CORPORATE SEAL) CONTRACTOR: 7- (name of Contractor) - - By: "Y- (sign here) EA DOdS,-dj /=45/7&z (print name afd title) City Clerk # f ATTEST n ATTEST n 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. If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument. APPROVED AS TO FORM: - RONALD R. BALL c - - vised: 04/22/02 Contract Nos. 3673, 3585, and 3675 Page 53 of 166 Pages - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California On f/q8/@7 , before me, /?9/3Gw7 17. w/ LwA Date Name and Title of Officer (e g ,‘Jane Doe,aotary Public ) personally appeared Name@) of Signer(s) Place Notary Seal Above donally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Signature of Notary Public r OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 42 75- Description of Title or Type of Document: Document Date: 4r/-?ZLQ2- Number of Pages: k: Signer(s) Other Than Named Above: e* -2 Capacity(ies) Signer’s Name: -. 0 I ividual 8 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General C Attorney in Fact C: Trustee 0 Guardian or Conservator 0 Other: Top of thumb here 0 1999 National Notary Association * 9350 De Sot0 Am. P.O. Box 2402 Chatswolth, CA 91 313-2402 www.nationalnotary.org Prod. No. 5907 Reorder Call Toll-Free 1-800-876-6827 . - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California &4sLsI/J Namie(s) of Signer(s) personally appeared fik 9 B$&onally known to me 0 proved to me on the basis of satisfactory evidence ROBERT B. WILSON Commission # 1308651 Notary Public - California San Diego County - i Warnlrn. miresJun 10,2005 L Place Notary Seal Above to be the person(s) whose name(s) idare 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. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: Document Date: ?/A I Number of Pages: 6 Signer(s) Other Than Named Above: 31- bo.*)F/q 0 Individual f &Corporate Officer - Title(s): m<?/ -- - - Capacity(ies) Clai Signer's Name: I I r- 0 Partner - 0 Limited C General 0 Attorney in Fact I7 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: +_ I 0 1999 National Notary Association * 9350 De Solo Ave.. P.O. Box 2402 Chatworth. CA 9131 3.2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 '_ . .. . .. .. .. .. I. .. I ,I _. I I .. BO$W NO.- 08560141 PREMIUM: $17,553.00 FAITHFUL PERFORMANCENVARRANm BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution NO. 2003-084 , and the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad, State of California, by Resolution No. a78 1 adopted APRIL 1, 2003 has awarded to ORION CONSTRUCTIQN CORPORATION , (hereinafter designated as the "Principal"), a Contract for: , adopted APRl L 1, 2003 POINSETTlA LANE-REACH C - CONTRACT NO. 3673 DOMESTIC WATER TRANSMISSION MAINS - CONTRACT NO. 3585 RECYCLED WATER TRANSMISSION MAINS - CONTRACT NO. 3675 in the City of Cartsbad, in strict conformity with the contract, the drawings and 'specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Princlpal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, . ORION CONSTRUCTfON CORPORATION , as Principal, (hereinafter deslgnated as the 'Contractor''), and . , as Surety, are held and firmly bound unto .TWO MILLION ONE HUNDRED SEVENTY NINE THOUSAND F FIFTY NINE - -- C the Citv of Carlsbad. WE HUND~ED-~ I AND Noloo-+ _------_- Dollars ($ 2,179,559,OO 1, said sum belng equal to me hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain . attorney, its successors and assigns; for which payment, well and truty to be made, we bind ourselves, our heirs, executors and administrators, succ8ssors or assigns, jolntly and severalty, 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, eondltions, 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, fts officers, employees and agents, as therein stipulated, then this obligation shall became null and void: othetwise It shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specvied therefor, there shall be included casts 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 do= hereby waive notice of any change, extension of tlme, afierations or addition to the terms of the contract or to the work or to the Specifications. a Revised: 04/22/02 Contract Nos, 3673.3585. and 3675 Pam 56 of 166 Paws 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 28TH day of ,202. CONTRACTOR: ORION CONSTRUCTION CORPORATION (name of Contractor) (sign here) \ -moaS~~ (print name here) (Title and Organization of Signatory) (print name herw Executed by SURETY this 28TH day of APRIL ,20..._. 03 SURETY: FIDELITY AND DEPOSIT COMPAN!f OF MARYLAND ~ ______~ (name of Surety) 225 SOUTH LAKE AVENUE. SUITE 700 PASADENA. CA 91101 (address of Surety) 626-792-2311 ' 2/ 1.. By: WENDY E. "DMiNS, ATTORNEY-IN-FACT (printed name of Attorney-fn-Fact) (Attach corporate resolution showing current powel of attorney.) y..@ /uc 0- (Title andorganization of signatory) (Proper notarial acknowledge 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 oficer signs, the corporatlon must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation,) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument. APPROVED AS TO FORM: RONALD R. BALL City Attorney/General Counsel Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 57 of 158 Pages /I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California On V/<!/O? , before me,fldm Name and Title of Officer (e g , "Jafe Doe, Notary Public") personally appeared P1-B BQ~S~M. - Name@) of Signer@) Lily known to me [7 proved to me on the basis of satisfactory evidence Place Notary Seal Above 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. 1 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. mAWf 45- w Description of Attached Title or Type of Document: Document Date: q4iz!Pb7 Number of Pages: z Signer(s) Other Than Named Above: fi& bt7'~~~~ m??Si& Signer's Name: /?/&5$#B Capacity(ies) Claimed by Signer xp:rzL Officer - Title(s): m /Sd I 0 Partner - C Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: bp/w-m e* 0 1999 National Notary Association * 9350 De Solo Ave.. P.O. Box 2402 * Chatsworlh. CA 91 31 3-2402 * www nationalnotaly.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California / Name and Title of Officer (e g , ‘Jane Doe Ndary Public ) On </ab7 , before me,F’m &?. personally appeared Date QkdSlfl4 Name($ of Siqner(s) &onally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Do ument Title or Type of Document: /mwL mkw6 3& Document Date: Number of Pages: 2- Signer(s) Other Than Named Above: ,??/em OWJ%U4 Capacity(ies) Claimed b Signer’s Name L&t,.45/ML I @&p?rz; Officer - Title(s): 5 . 0 Partner - 0 Limited C General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing. &?Id &p- 0 1999 National Notary Association 9350 De Sot0 Ave.. P.O. Box 2402 . Chatsworth, CA 91313-2402 * www.nalmalno1aryorg Prod. No 5907 Reorder: Call Toll-Free 1-800-876-6827 FORNIA ALLPURPOSE ACKNOWLEDGMENT state of CALIFORNIA >ountyof Sm DIEGO 3n 28 APRIL 2003 before me, BROOKE LAFRENZ, NOTARY PUBLIC 1 DATE NAME. TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC personally appeared WENDY He DOWNS 1 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence NAME(S) OF SIGNER@) to be the person(s) whose name(s) Mare subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislherltheir 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 preven fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL 0 CORPORATEOFFICER TITLE OR TYPE OF DOCUMENT TITLE0 0 PARTNER(S) 0 LIMITED 0 GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIA"SERVAT0R 0 OTHER: DATE OF DOCUMENT WNER IS REPRESENTING: NAME OF pERSON(S) OR E"Y(IES) SURETY SIGNER(S) OTHER THAN NAMED ABOVE Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified does hereby nominate, constitute and appoint Larry D. COGDILL, Ingrid Erika C hael W. THOMAS and Wendy H. DOWNS, all of San Diego, California, EACH ey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as d undertakings and the execution of such bonds or undertakings in p Company, as fully and amply, to all intents and purposes, as if they had been duly exe elected officers of the Company at its office in Baltimore, Md., in es that issued on behalf of Larry D. COGDILL, Ingrid Erika CROS September 28, 1999. The said Assistant Secretary on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Com IN WITNESS WHERE0 have hereunto subscribed their names and affixed the Corporate Seal o OF MARYLAND, this 2nd day of August, A.D. 200 1. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND L. L. Goucher Assistant Secretary M. P. Hammond Vice President }ss: State of Maryland County of Baltimore On this 2nd day of August, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Carol J. Fader Notary Public My Commission Expires: August 1,2004 POA-F 012-4561 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND - “Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... and to affix the seal of the Company thereto.” CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-president who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: “That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.” IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affied the corporate seal of the said Company, this 28TH day of APRIL , 2003 . Assistant Secreiary -. BOND NO. 08560141 PREMIUM INcI;aDED li PERFORMANCE BOND LABOR AND MATERIALS BOND .- WHEREAS, tb Citv Council of the City of Carlsbad, .State of California, by No. 2003-089 - adopted APRIL 1, 2003 , and the Board of Directors af the Carlsbad thunicipal W.at0r Mstrict of the City of Carlsbad, State of California, by Resolution No., 1 178 , adopted APRIL 1. 2003 has awarded to Resotution ORION CONSTRUC.TJON CORPORATION (hereinafter designated as the "Principai"), a Contract for: PUfNSmA LANE-REACH C - CONTRACT NO. 5673 DOMESTIC WATER TRANSMISSION MNS - CONTRACT NO. 3585 RECYCLED WATER TRANSMISSION MANS CONTRACT NO. 3675 in the City of Carlsbad, in strict conform'@ with the drawings and specifications, and othar Contract Documents now on file in the Office of the Ci Clerk of the City of Carlsbad and all of which are l&Mporated herein by this reference, WHEREAS, Prlnclpal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, provldlng that H Prlncipd or any of their subcontrabtors shell fail toil pay for any materials, provisions, provender or other supplies or teams used in, upon or &but the performance of the work agreed to be done, or for any work or labor done thereon of any, kind, the Surdy on this bond will pay the same to the extent hereinafter set forth. ., as NOW, THEREFORE, WE, Principal, (herehafter designated as the nContractorp), and 2IREL- * assurety, are held firmly bound unto the C of CarlsWWbad Municipal Water DWct in the sum of ,, Dalhaas {$ 2,179,559.qP ORION CONSTRUCTION CORPORATION - TWO MILLION ONE HUNDRE% SEVENTY NlN-E,,,THC)US,AND FIVE HUNDRED ., . . . . -,- - ,, A -.II --# . ... - FI FTY N 1 NE AND NO /oo------------------------------------ -> said sum being an amount qual to: One hundred percent (100%) of the tootar amount payable under the terms of the contract by the City of Carlsbad/Carfsbad Municipal Water District, and for which payment well and truly to &e made we bind ourselves, our heirs, executors and administrators, successors, or assi ns jointly and severally, firmly by these presents. TVE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher, subcontractors fail to PRY for any matehals, 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 31 81 , or for amounts due under the. Unemployment Insurance Code with respee to the work or labor pe?fot'meb under this Contmt, or tor any amounts ' required to be deducted, withheld, and pald over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to sectlon 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for th0 me, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court wnsiaent with California Civil Code section 3248. This bond shall hum to the benefit of any of the persons named in California CMI Code section 31 81, so as to give a tight of action to those persons or their assigns in any suit brought upon the bond. "COMPANY OP'MAR& L Surety stipulates and agrees that no change, extension of the, alteration or addltlon to the terns of the Contract, or to the work to be performed thereunder or the spectflcatlons accompanying the same shall affect its obligations on this bond; and St does hereby waive notice of any change, extensfon of time, alterations or addition to the terms of the contract or to the, work or to the Page !$I of 166 Pages - Contract Nos. 3873,3585, and 3675 in the event that Contractor is an individuat, 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 28Tr3 day of APRIL I20-4 03 CONTRACTOR: kw (name of Bontractor) By: +-, -- (sign here) (tide and ofganization of signatory) OA/o/Y (tide and organization of signatow) Executed by SURETY this 28TH day of APRIL ,2003, SURETY: Fm All DEPOSIT co~~ OF ~YLAND (name of Surety) (address of Surety) 225 SOUTH LAKE AVENUE, SUITE 700 PASADENA, CA 91101 (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. IT only one officer signs, the corporation must attach a resolution certified by the scm3taty or assistant secretary under corporate seat empowering that officer to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED ASTO FORM: RONALD R. BALL, City Attarney/General Counsel a Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 55 of 166 Pages - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California 9 - Name and Title of Officer (e g '"Jane Doe, Noby Public') On y/2g/Qy , before me, @&? 8 Date personally appeared iG/A- bQWfiM6 7) of Bgner(s) ~ersonally known to me 0 proved to me on the basis of satisfactory evidence Place Notary Seal Above 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. / Sigfaturebf rotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docum Title or Type of Document: /&! Document Date: Number of Pages: Jz t Signer(s) Other Than Named Above: Capacity(ies) Claimed b Si ner '~p~r~~ Officer - Title(s): Signer's Name: -&& , 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee Guardian or Conservator 0 Other: Signer Is Representing: /f?b& 0 1999 National Notary Assaciation * 9350 De Soto Ave., P.0 Box 2402 * Chatsworth, CA 91313-2402 - www.nalionalnotafy.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c c State of California I - B' Name and Title of Officer (e a . 'Jane Doe &taw Public") On %??2&)Iv7 , before me, h-5 Date tGme(s) of Signer(s) personally appeared /c>f 4vwTB &onally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ar i34 Description of Attached Document Title or Type of Document: A&4& & Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Clai Signer's Name: &!E;:r:L Officer 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: a@. 0 1999 National Notary Asmiation * 9350 De Soto Ave., P.0. Box 2402 - Chatsworth. CA 91313-2402 * w.natlonalnotary.org Prod. No. 5907 Reorder Call Toll-Free 1-800-8764827 FORNIA ALGPURPOSE ACKNOWLEDGMENT state of CALIFORNIA 2ounty of Sm DIEGO on 28 APRIL 2003 before me, BROOKE LAFRENZ, NOTARY PUBLIC # DATE NAME, TlTLE OF OFFICER - E.G , 'JANE WE. NOTARY WBLC personally appeared WENDY He DOWNS I personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature@) 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. NAME(S) OF SIGNER(S) OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prever fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AITACHED DOCUMENT INDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT rmys) 0 PARTNER(S) 0 LIMITED A'ITORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) 0 GUARDIA"SERVAT0R 0 OTHER GENERAL DATE OF DOCUMENT MER IS REPRESENI1ffi. NAME OF PERsoN(s) OR ENTITY(IEs) SURETY SIGNER@) OTHER THAN NAMED ABOVE Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certifi does hereby nominate, constitute and appoint Larry D. COGDILL, Ingrid Erika CR hael W. THOMAS and Wendy H. DOWNS, all of San Diego, California, EACH it ey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as d undertakings and the execution of such bonds or undertakings in p Company, as fully and amply, to all intents and purposes, as if they egularly elected officers of the Company at its office in Baltimore, Md., in es that issued on behalf of Larry D. COGDILL, Ingrid Erika CROS The said Assistant Secretary on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Co IN WITNESS WHEREOF, the s have hereunto subscribed their names and affixed the Corporate Seal of the sa OF MARYLAND, this 2nd day of August, A.D. 2001. ATTEST: September 28, 1999. FIDELITY AND DEPOSIT COMPANY OF MARYLAND L. L. Goucher Assistant Secretary M. P. Hammond Vice President 1 State of Maryland County of Baltimore ss: On this 2nd day of August, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Carol J. Fader Notav Public My Commission Expires: August 1,2004 POA-F 0124561 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND _- “Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-Resident, or any of the Senior Vice-Presidents or Vice-Residents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... and to affix the seal of the Company thereto.” CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-president who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: “That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, binding upon the Company with the same force and effect as though manually affixed.” - this 28TH dayof APRIL , 2003 . Assismt 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 Faraday Avenue, Carlsbad, California, 92008-731 4, 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 Poinsettia Lane-Reach C and Domestic and Recycled Water Mains, Project No. 3673, in the amount of (hereinafter referred to as the "Contract"). Alternatively, on written request of the contractor, the City shall make payments of the retention earnings directly to the escrow agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the escrow agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the , and shall designate the Contractor as the beneficial owner. dated 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the contractor until such time as the escrow created under this contract is terminated. The contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. - Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 58 of 166 Pages 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. c A c 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 Signatu re - - - For Contractor: L For Escrow Agent: a Revised: 04/22/02 Address Title Name Signature Address Title Name Signature Address Contract Nos. 3673,3585, and 3675 Page 59 of 166 Pages c -I 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. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. - - For City: For Contractor: c - - For Escrow Agent: c LC .- Title MAYOR Name Signatu re Address Title Name Signature Address Name Signature Address a Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 60 of 166 Pages STATE WATER RESOURCES CONTROL BOARD _- REQUIRED CODE PROVISIONS - - This section only applies to the recycled water bid items in Schedules “C” and “F.” I - I1 This section only applies to the recycled water bid items in Schedules “C” and “F.” I1 I STATE WATER RESOURCES CONTROL BOARD REQUIRED CODE PROVISIONS - 1 - STATE WAGE RATE CLAUSES (Facilities Plan Approval after June 18, 1998, Federal Wage Rates are not required) Pursuant to Sections 1720 et seq., and 1770 et seq., of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations for public works projects of more than one thousand dollars ($1,000). The prevailing rate or per diem wages are located at the Department of Industrial Relations website (www.dir.ca.gov). The successful bidder shall post a copy of such determinations at each job site. The successful bidder intending to use a craft or classification not shown on the prevailing rate determinations may be required to pay the rate of the craft or classification most closely related to it. 2- LABOR CODE SECTION 1776 COMPLETE PAYROLL RECORDS; CERTIFIED AND AVAILABLE - (a) Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, and straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. - _- (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis: (1) A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the - employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or - furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the contractor. - (c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. (d) Each contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Any copy of records made available for inspection as copies and finished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in a manner so as to prevent disclosure of an individual’s name, address, and social security number. The name and address of the contractor awarded the contract or performing the contract shall not be marked or obliterated. - March 17,2000 BP-1 (f) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. - (g) The contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the contractor must comply with this section. In the event that the contractor fails to comply within the 10- day period, he or she shall, as a penalty to the state or political subdivision on whose hehalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor - Standards Enforcement, these penalties shall be withheld ftom progress payments then due. - (h) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. These stipulations shall fix the responsibility for compliance with this section on the prime contractor. (i) The director shall adopt rules consistent with the California Public Records Act, (Chapter 3.5 (commencing with Section 6250), Division 7, Title 1, Government Code) and the Information Practices Act of 1977, (Title 1.8 (commencing with Section 1798), Part 4, Division 3, Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. 3- LABOR CODE SECTION 1777.5 EMPLOYMENT OF PROPERLY REGISTERED APPRENTICES Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at - which he or she is employed, and shall be employed only at the work of the craft or trade to which he or she is registered. - Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3, are eligible to be employed on standards and apprentice agreements under which he or she is training. public works. The employment and training of each apprentice shall be in accordance with the apprenticeship -_ When the contractor to whom the contract is awarded by the state or any political subdivision, or any subcontractor under him or her, in performing any of the work under the contract or subcontract, employs workers in any apprenticeable craft or trade, the contractor and subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint apprenticeship committee or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the contractor or subcontractor in order to comply with this section. Every contractor and subcontractor shall submit contract award information to the applicable joint apprenticeship committee which shall include an estimate ofjourneyman hours to be performed under the contract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed. There shall be an affirmative duty upon the joint apprenticeship committee or committees administering the apprenticeship standards of the craR or trade in the area of the site of the public work to ensure equal employment and affiative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of work performed by apprentices to journeymen who shall be employed in the craft or trade on the public work may be the ratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates, but, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentices work for every five hours of labor performed by a journeyman. However, the minimum ratio for the land surveyor classification shall not be less than one apprentice for each five journeymen . Any ratio shall apply during any day or portion of a day when any journeyman, or the higher standard stipulated by the joint apprenticeship committee, is employed at the job site and shall be computed on the basis of the hours worked apprentices for the number of hours computed as above before the end of the contract. However, the contractor shall - - during the day by journeymen so employed, except for the land surveyor classification. The contractor shall employ - BP-Z March 17,2000 c endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the job site. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Division of Apprenticeship Standards, upon application of a joint apprenticeship committee, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. The contractor or subcontractor, if he or she is covered by this section, upon the issuance of the approval certificate, or if he or she has been previously approved in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. Upon proper showing by the contractor that he or she employs apprentices in the craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor classification, one apprentice for each five journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the contractor fiom the 1-to-5 hourly ratio as set forth in this section. This section shall not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor, when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000) or 20 working days . Any work performed by a journeyman in excess of eight hours per day or 40 hours per week, shall not be used to calculate the hourly ratio required by this section. "Apprenticeable craft or trade," as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor fiom the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met: (a) Unemployment for the previous three-month period in the area exceeds an average of 15 percent (b) The number of apprentices in training in such area exceeds a ratio of 1 to 5 . (c) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen - annually through apprenticeship training, either on a statewide basis, or on a local basis. - c (d) Assignment of an apprentice to any work performed under a public works contract would create a condition which would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. - When exemptions are granted to an organization which represents contractors in a specific trade fiom the 1 -to-5 ratio on a local or statewide basis the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards. c A contractor to whom the contract is awarded, or any subcontractor under him or her, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a fund or hds to administer and conduct the apprenticeship program in any craft or trade in the area of the site of the public work, to which fund or funds other contractors in the area of the site of the public work are contributing, shall contribute to the fund or funds in each craft or trade in which he or she employs journeymen or apprentices on the public work in the same amount or upon the same basis and in the same manner as the other contractors do, but where the trust fund administrators are unable to accept the funds, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. The contractor or subcontractor may add the amount of the contributions in computing his or her bid for the contract. The Division of Labor Standards Enforcement is authorized to enforce the payment of the contributions to the fund or funds as set forth in Section 227. The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor. All decisions of the joint apprenticeship committee under this section are subject to Section 3081 I March 17,2000 BP- 3 4 - LABOR CODE SECTION 18 10 DEFINITION: A LEGAL DAY'S WORK Eight hours labor constitutes a legal day's work in all cases where the same is performed under the authority of any law of this State, or under the direction, or control, or by the authority of any officer of this State acting in his official capacity, or under the direction, or control or by the authority of any municipal corporation, or of any officer thereof. A stipulation to that effect shall be made a part of all contracts to which the State or any municipal corporation therein is a Party. 5- LABOR CODE SECTION 18 13 PENALTY FOR OVERTIME ON ANY PUBLIC WORK CONTRACT The contractor shall, as a penalty to the State or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each workman employed in the execution of the contract by the contractor or by any subcontractor for each calendar day during which such workman is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted therein a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the officer of the State or political subdivision who is authorized to pay the contractor money due him under the contract. 6- LABOR CODE SECTION 18 15 MINIMUM OVERTIME PAY Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1.5) times the basic rate of pay. inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in - 7 - LABOR CODE SECTION 1860 CONTRACT PROVISION -- The awarding body shall cause to be inserted in every public works contract a clause providing that, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees. 8- LABOR CODE SECTION 186 1 CONTRACTOR CERTIFICATION TO LABOR CODE SECTION 3700 Each contractor to whom a public works contract is awarded shall sign and file with the awarding body the following certification prior to performing the work of the contract: "I am aware of the provisions of Section 3700 of the 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 I will comply with such provisions before commencing the performance of the work of this contract.'' 9- CULTURAL RESOURCES In accordance with the National Historic Preservation Act of 1966, (16 U.S.C. 470), the following procedures are implemented to insure historic preservation and fair compensation to the Contractor for delays attendant to cultural resources investigations. In the event potential Historical, Architectural, Archeological, or Cultural Resources (herein after cultural resources) are discovered during subsurface excavations at the site of construction, the following procedures shall be instituted: - A 1) at the location of such potential cultural resources find. The Engineer shall issue a "Stop Work Order" directing the Contractor to cease all construction operations - BP-4 March 17,2000 2) Such “Stop Work Order” shall be effective until such time as a qualified archeologist can be called to assess the value of these potential cultural resources and make recommendations to the State Water Resources Control Board Cultural Resources Officer. Any “Stop Work Order” shall contain the following: - - - a) b) c) d) A clear description of the work to be suspended; Any instructions regarding issuance of further orders by the Contractor for material services; Guidance as the action to be taken on subcontracts; Any suggestions to the Contractor as to minimization of his costs; - e) Estimated duration of the temporary suspension. If the archeologist determines that the potential find is a bonafide cultural resource, at the direction of the State Water Resources Control Board Cultural Resources Officer, the Engineer shall extend the duration of the “Stop Work Order” in writing, and the Contractor shall suspend work at the location of the find. Equitable adjustment of the construction contract shall be made in the following mariner: 1) Time Extension If the work temporarily suspended is on the “critical path”, the total number of days for which the suspension is in effect shall be added to the number of allowable contract days. If a portion of work at the time of such suspension is not on the “critical path”, but subsequently becomes work on the critical path, the allowable contract time will be computed from the date such work is classified as on the critical path. - 2) Additional Compensation If, as a result of a suspension of the work, the Contractor sustains a loss which could not have been avoided by his judicious handling of forces, and equipment, or redirection of forces or equipment to perform other work on the contract, there shall be paid to the Contractor an amount as determined by the Engineer to be fair and reasonable compensation for the Contractor’s actual loss in accordance with the following: - _- a) Idle Time of Equipment Compensation for equipment idle time will be determined on a force account (time and materials) basis, and shall include the cost of extra moving of equipment and rental loss. The right-of-way delay factor for each classification of equipment shown in the California Department of Transportation publication entitled, Equipment Rental Rates and the General Prevailing Wage Rates, will be applied to any equipment rental rates. b) Idle Time of Labor Compensation for idle time of workers will be determined by the Engineer as “Labor” less any actual productivity factor of this portion of the work force. c> Increased costs of labor and materials will be compensated only to the extent such increase was in fact caused by the suspension, as determined by the Engineer. Compensation for actual loss due to idle time of either equipment or labor shall not include markup for profit. The hours for which compensation will be paid will be the actual normal working time during which such delay condition exists, but will in no case exceed eight hours in any one day. Increased Costs of Labor and Materials The days for which compensation will be paid shall be full or partial calendar days, excluding Saturdays, Sundays, and legal holidays, during the existence of such delay. March 17,2000 BP-5 10 - STATE MBEME PROVISIONS CONTRACT PROVISIONS OF THE STATE WATER RESOURCES CONTROL BOARD (SWRCB) DIVISION OF CLEAN WATER PROGRAMS RELATIVE TO THE UTILIZATION OF MINORITY BUSINESS ENTERPRISE (MBE) AND WOMEN BUSINESS ENTERPRISE (WBE) ON CLEAN WATER PROGRAM CONSTRUCTION CONTRACTS IN CALIFORNIA This document and attachments shall be included by the owner as a contract provision for all construction contracts exceeding $10,000. Compliance with the requirements of this document and attachments satisfies the MBEME requirements of the U. S. Environmental Protection Agency and the SWRCB. This document supersedes any conflicting requirements. Failure to take the five (5) affirmative steps listed under Requirements, Section A, prior to bid opening and to submit “Minority Business Enterprisernomen Business Enterprise Information” (Attachment B) with the bid shall cause the bid to be rejected as a non-responsive bid. DEFINITIONS BONA FIDE MINORITY BUSINESS ENTERPRISE (MBE) MEANS: An Ml3E that has submitted a “Minority Business Enterprise/Women Business Enterprise Self Certification” (Attachment A) to, and been accepted as, a bona fide MBE by the owner. In addition, the following requirements apply: 1. An independent business concern which is at least 5 1% owned and controlled by minority group member(s) (see definition of Minority Group Member). Ownership and control can be measured by: a. Responsibility for performance of contract work. b. Management responsibility. c. At least 5 1% share of profits and risk. d. Other data (such as voting rights) that may be related to ownership andor control. 2. In cases where a firm is owned and controlled by a minority woman or women, the percentage may be credited towards MBE participation or as WBE participation, or allocated, but may not be credited fblly to both. BONA FIDE WOMEN BUSINESS ENTERPRISE (WBE) MEANS: A WBE that has submitted Attachment A to, and been accepted as, a bona fide WBE by the owner. In addition, the following requirements apply: 1. An independent business which is at least 5 1 YO owned by a woman or women who also control and operate it. a. Ownership. Determination of whether a business is at least 5 1% owned by a woman or women shall be made without regard to community property laws. For example, an otherwise qualified WBE which is 5 1% owned by a married woman in a community property state will not be disqualified because her husband has a 50% interest in her share. Similarly, a business which is 51% owned by a married man and 49% by an unmarried woman will not become a qualified WBE by virtue of his wife’s 50% interest in his share of the business. BP-6 March 17,2000 b. Control and operation. "Control" means exercising the power to make policy decisions and "operate" means being actively involved in the day-to-day management of the business. - c JOINT VENTURE (JV) - A business enterprise formed by a combination of firms under a JV agreement. To qualify as a bona fide MBEME, the minority-ownedlwoman or women owned and controlled fms in the JV must: 1. 7 2. c Satisfy all requirements for bona fide MBE/WBE participation in their own rights. In cases where a minority woman or women-owned firm participates in a JV, the percentage may be credited towards MBE participation or as WBE participation, or allocated, but may not be credited hlly to both. Share a clearly defined percentage of the ownership, management responsibilities, risks, and profits of the JV. Only this percentage will be credited towards the MBE/WBE goal. MINORITY GROUP MEMBERS A minority group member is an individual who is a citizen of the United States and one of the following: Native Americans consist of American Indian, Eskimo, Aleut, and native Hawaiian. 1. 2. Black Americans consist of U.S. citizens, other than Hispanic, having origins in any of the black racial groups of Afiica. 3. Asian Pacific Americans consist of U.S. citizens having origins in any of the original peoples of the Far East, Southeast Asia, and the Indian subcontinent. This area includes, for example, China, Japan, Korea, the Philippines, Vietnam, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia, and Taiwan. The Indian subcontinent takes in the countries of India, Pakistan, Bangladesh, Sri Lanka, Sikkim. and Bhutan. 4. Hispanic Americans consist of U.S. citizens with origins from Puerto Rico, Mexico, Cuba, or South or Central America. Only those persons from Central and South American countries who are of Spanish origin, descent, or culture should be included in this category. Persons from Brazil, Guyana, Surinam or Trinidad, for example, would be classified according to their race and would not necessarily be included in the Hispanic category. In addition, this category does not include persons from Portugal, who should be classified according to race. BROKERAGE MEANS Buying and selling for others on commission of other fee basis without maintaining a warehouse or other similar inventory storage facilities (supplier and wholesale arrangements may also fall into this business enterprise category). CONSTRUCTION MEANS Erection, building, alteration, remodeling, improvement or extension of buildings, structures, or other property. REQUIREMENTS A. Positive Effort Documentation The bidder must take affirmative steps prior to bid opening to assure that MBEs and WBEs are used whenever possible as sources of supplies, construction and services. Failure to take such steps prior to bid opening and to submit Attachment B with the bid shall cause the bid to be reiected as non-responsive. Affirmative steps shall be as follows: 1. Including qualified MBEs and WEs on solicitation lists. I BP-7 March 17,2000 2. 3. 4. 5. The bidder must document that it requested assistance from the Small Business Administration gnJ the Office of Minority Business Enterprise MBE/WBE assistance centers and that this request for assistance was received by the MBE/WBE assistance centers at least five (5) working days prior to the need for - - referrals (see affirmative step no. 5). - Assure that MBEs and WBEs are solicited whenever they are potential sources. The bidder must document that it has provided invitations to MBE/WBE bidders at least seven (7) working days prior to the need of a bid response. The bidder must document that invitations were sent to at least three (3) (or all if less than three) MBE/WBE contractorshppliers for each item of work referred by the MBE/WBE assistance center(s). The invitations must adequately specify the item(s) for which sub-bids were requested. The documentation of the bidder's effort to show positive efforts must indicate a real desire for a positive response; i.e., certified letter with return receipt requested or telephone call documentation. A regular letter or an unanswered telephone call is not adequate positive effort. The bidder must submit to the owner documentation consisting of a list of all sub-bidders for each item of work that MBEs or WBEs were solicited including dollar amounts for both MBE/WBE and non-MBE/WBE sub-bidders. Divide total requirements, when economically feasible, into small tasks or quantities to permit maximum participation of MBEs and WBEs. A bidder must document that it gave consideration to dividing the contract into small proprietary portions (paving, electrical, landscaping, etc.). If this was not done, documentation must be submitted explaining why it could not be done. Establish delivery schedules, where the requirements of the work permit, which will encourage participation by MBEs and WBEs. The bidder must document that it gave consideration to establishing a project schedule which would allow MBEs and WBEs to bid the work as subcontractors or suppliers. If this is not done, document reasons why the project schedule, or portions thereof, cannot be modified so as to accommodate interested MBEs and WBEs. Use of the services and assistance of the Small Business Administration and the Office of Minority Business Enterprise of the U. S. Department of Commerce, as appropriate. The bidder must present documentation that contact was made with both of the offices listed below. Their services are provided at no cost to the bidder. Do not write. The internet web site contains local SBA and MBDA centers. The local center may provide the bidder with a listing of h4BE/WBE firms. If a list was not provided, bidder must explain why it was not and describe what MBE/WBE solicitation list was used. Small Business Administration: <http://www.sba.gov> Office of Minority Business Enterprise: Regional Office U.S. Dept. of Commerce <http://www.mbda.gov> Government Contracting Office 455 Market Street, Suite 600 San Francisco, CA 94105 Telephone: (4 15) 744-8429 Minority Business Development Agency (MBDA) San Francisco, CA 94105 Telephone: (41 5) 744-3001 In addition, the bidder is encouraged to procure supplies and services from labor surplus area fms. BP-8 March 17,2000 B. Other Requirements 1. The apparent successful low bidder must submit documentation showing that, prior to bid opening, all required positive efforts were made. This documentation must be received by the owner within ten (IO) working days following bid opening (except Attachment B which is to be submitted with the bid). Failure to submit Attachment B with the bid will cause the bid to be reiected as non-responsive. 2. If the apparent successful low bidder has rejected or considered as non-responsible and/or non- responsive any low MBE or WBE sub-bidder, a complete explanation must be provided to the owner. 3. Each MBE/WBE firm to be utilized must complete the Attachment A, which is to be with the documentation submitted to the owner by the apparent successful low bidder. 4. If additional MBE/WBE subcontracts become necessary after the award of the prime contract, Attachment B must be provided to the owner by the Prime Contractor within ten (1 0) working days following the award of each new subcontract. 5. Any deviation from the information contained in Attachment B shall not result in a reduction of MBENirBE participation without prior approval of the owner. 6. When brokerage type arrangements are utilized, only the amount of commission or fee will be eligible for MBE/WBE consideration. 7. Failure of the apparent low bidder to perform the five affirmative steps prior to bid opening and/or to submit Attachment B with its bid will lead to its bid being declared non-responsive by the owner. The owner may then award the contract to the next low responsive, responsible bidder meeting the requirements of these contract provisions. The owner also may rebid the contract. C. State’s “Fair Share” Objectives -- The SWRCB has established the following fair share objectives for this construction contract: 20 % of the total bid dollar amount of this contract for MBE. 10 9’0 of the total bid dollar amount of this contract for WBE. (The owner may contact the SWRCB, Division of Clean Water Programs, Design Review Unit at (916) 227-4588 for questions on the state’s fair share objectives.) D. Localh2egional Obiectives The owner may have established local/regional objectives and those requirements may be attached if appropriate. March 17,2000 BP-9 ATTACHMENT A MINORITY BUSINESS ENTERPRISElWOMEN’S BUSINESS ENTERPRISE (MBElWBE)’ SELF CERTIFICATION STATE WATER RESOURCES CONTROL BOARD DIVISION OF CLEAN WATER PROGRAMS Finn Name: Phone: Address: Principal Service or Product: 0- MBE 0- WBE I I 0- Prime Contractor D- Supplier of Material/Service 0- Subcontractor 0- Broker 0- Sole Ownership 0- Partnership 0- Corporation 0- Joint Venture Names of Owners Percent h4BE-Ethnic WBE Ownership Identity’ Additional proofs may be required upon written challenge of this certification by any person or agency. Falsification of this certification by a firm selected to perform Federally funded work may result in a determination that the firm is non-responsible and ineligible for future contracts. Certified by: Title: (Signature) Name: Date: Refer to defmitions on the next page. 1 March 17,2000 BP-1 O -DEFINITIONS- - - MINORITY BUSINESS ENTERPRISE/WOMEN’S BUSINESS ENTERPRISE (MBETWBE) An MBE or WBE is a business which is at least 5 1 percent owned and controlled by minority group members or by woman or women. Owners must exercise actual day-to-day management. - MINORITY GROUP MEMBERS (a) American Indians 7 Persons having origins in any of the original peoples of North America. To qualify in this group, a person must be a citizen of the United States and meet one or more of the following: (1) Be at least one-fourth Indian descent (as evidenced by registration with the Bureau of Indian Affairs). (2) Characteristic Indian appearance and features. (3) Characteristic Indian name. (4) Recognition in the community as an Indian. (5) Membership in a tribe, band or group of American Indians (recognized by the Federal Government), as evidenced by a tribal enrollment number or similar indication. I (b) Black Americans US. citizens, other than Hispanic, having origins in any of the black racial groups of Africa. -- (c) Asian Americans U.S. citizens having origins in any of the original peoples of the Far East, Southern Asia, the Indian subcontinent or the Pacific Islands. This area includes, for example, China, Japan, Korea, the Philippine Islands and Samoa. The Indian subcontinent takes in the countries of India, Pakistan, Bangladesh, Sri Lanka, Nepal, Sikkim, and Bhutan. (d) Hispanic Americans U.S. citizens of Mexican, Puerto Rican, Cuban, or other Spanish culture or origin, regardless of race. Only those persons from Central and South American countries who are of Spanish origin, descent, or culture should be included in this category. Persons from Brazil, Guyana, Surinam or Trinidad, for example, would be classified according to their race and would not necessarily be included in the Hispanic category. In addition, the category does not include persons from Portugal, who should be classified according to race. (e) American Eskimos and American Aleuts .c March 17,2000 BP-11 LOAN RECIPIENTS NAME CONTRACT NO. OR SPECIFICATION NO. PRIME CONTRACTOR INFORMATION PROJECT DESCRIPTION PROJECT LOCATION MBE/WBE INFORMATION NAME AND ADDRESS (Include ZIP Code, DOB, & SSN) PHONE 0 MBE 0 MBE 0 WBE AMOUNT OF CONTRACT 0 WBE 0 SUBCONTRACTOR 0 JOINTVENTURE I NAME AND ADDRESS (Include ZIP Code & DOB) 0 SUPPLIEWSERVICE 0 BROKER 0 SUBCONTRACTOR 0 JOINTVENTURE PHONE 0 SUPPLIEWSERVICE 0 BROKER WORK TO BE PERFORMED AMOUNT OF CONTRACT 0 MBE C WBE I NAME AND ADDRESS (Include ZIP Code & DOB) PHONE 3 SUBCONTRACTOR cl JOINTVENTURE WORK TO BE PERFORMED 0 SUPPLIEWSERVICE 0 BROKER NAME AND ADDRESS (Include ZIP Code & DOB) PHONE WORK TO BE PERFORMED 0 'MBE 0 WBE a SUPPLIEIUSERVICE I 0 BROKER O SUBCONTRACTOR 0 JOINTVENTURE NAME AND ADDRESS (Include ZIP Code & DOB) AMOUNT OF CONTRACT' I PHONE WORK TO BE PERFORMED TOTAL MBE AMOUNT: $ ACTUAL MBE PARTICIPATION: MBE GOAL: SIGNATURE OF PERSON COMPLETING FORM: TOTAL WBE AMOUNT: $ % ACTUAL WBE PARTICIPATION: % WBEGOAL: YO YO TITLE: PHONE: DATE: 3RM 4700-B (rev 2/98) BP-12 March 17,2000 1 1 - THE SUBLETTING AND SUBCONTRACTING FAIR PRACTICES ACT - Any person making a bid or offer to perform a contract shall, in his or her bid or offer, set forth the following: 1) .- The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor’s total bid or in the case of bids or offers for the construction of streets or highways, including bridges in excess of one-half or 1 percent of the prime contractor’s total bid or ten thousand dollars (% lO,OOO), whichever is greater. - - 2) The portion of work that will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each portion of work as is defined by the prime contractor in his or her bid or offer. These requirements apply to the information required relating to subcontractors certified as minority or women business enterprises. For purposes of this requirement, “subcontractor” and “prime contractor” shall have the same meaning as those terms are defined in Section 41 13 of the Public Contracts Code. 12 - 40 CFR 60-8.4(b) - EQUAL OPPORTUNITY CLAUSE (in relevant part) During the performance of this contract the contractor agrees as follows: (I) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. The contractor agrees to post, in conspicuous places available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. -- - - (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send, to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers representatives of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. - (6) In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part, and the contractor may be ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 or September 24, 1965, and such other sanctions may be imposed and remedies invoked a s provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or orders of the Secretary of Labor, or as otherwise provided by law. - - March 17,2000 BP-13 (7) The contractor will include the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided however, That in the event a contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor, as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 13 - NONDISCRIMINATION CLAUSE NONDISCRIMINATION CLAUSE During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 or the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractor shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement, 2. This contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. THE UNDERSIGNED CERTIFIES THAT THE CONTRACTOR WILL COMPLY WITH THE ABOVE REQUIREMENTS. CONTRACTOR OR SUBCONTRACTOR NAME: CERTIFIED BY: NAME: TITLE: SIGNATURE: DATE: March 17,2000 BP-14 (7) The contractor will include the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 1 1246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided hauever, That in the event a contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor, as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. c 13 - NONDISCRIMINATION CLAUSE NONDISCRIMINATION CLAUSE 1. During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 or the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractor shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 2. This contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. THE UNDERSIGNED CER'IZFIES THAT THE CONTRACTOR WILL COMPLY WITH THE ABOVE REQUIREMENTS. CONTRACTOR OR SUBCONTRACTORNAME: UzrEy cc7Oc3 COne CERTIFIED BY: SIGNATURE: DATE: I BP-14 March 17,2000 I - 14 - 41 CFR 60-4.2 CONSTRUCTION CONTRACTORS--AFFIRMATIVE ACTION REQUIREMENTS (in relevant part) - c Notice of requirement for Affirmative Action to ensure Equal Employment Opportunity (EEO) by Executive Order 11246, as amended by Executive Order 11375. - 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" set forth herein. c 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Goals for minority participation for each trade Goals for female participation for each trade 16.9% 6.9% (Contact SWRCB, Division of Clean Water Programs, at (916) 227-4586 for assistance with &e minority goal and timetables. E-mail <musialr@cwp.swrcb.ca.gov>: Office of Federal Contract Compliance Programs' web site for compliance issues and preaward registry is <http:Nwww.dol.gov/dol/esdpublic/ofcp-erg>) These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non-federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3, The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is (insert description of the geographical areas where the contract is to be performed giving the state, county and city, if any). !j 60-4.3 Equal opportunity clauses (in relevant part) Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 1 1246) March 17,2000 BP-15 1. As used in these specifications: a. ''Covered area'' means the geographical area described in the solicitation from which this contract resulted; - b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of - Labor, or any person to whom the Director delegates authority; c. "Employer identification number'' means the Federal Social Security nhmber used on the Employer's Quarterly Federal Tax Return, US. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and Culture (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 ,CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. -- 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7 a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. federally assisted construction contract shall apply the minority and female goals established for the geographical - - 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's - obligations under these specifications, Executive Order 1 1246, or the regulations promulgated pursuant thereto. 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the U.S. Department of Labor. - - A availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the March 17,2000 BP-16 3 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fblly, and shall implement affiative action steps at least as extensive as the following: - P a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. - - c b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. - d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities andor participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. - - - f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. - March 17,2000 BP-17 j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are Non-Segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. 0. Document and maintain a record of all solicitations of offers for subcontracts fkom minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 1 1. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 1 1246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results fi-om its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 4 1 CFR 60-4.8. BP-18 March 17,2000 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. - I . I - 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 15 - ELIMINATION OF SEGREGATED FACILITIES NOTICE TO PROSPECTIVE FEDERALLY-ASSISTED CONSTRUCTION CONTRACTORS I- - (a) A Certification of Non-Segregated Facilities, as required by the May 9, 1967 Order (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the award of a Federally-assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. (b) Contractors receiving Federally-assisted construction contract awards exceeding $10,000 which, are not exempt kom the provisions of the Equal Opportunity Clause, will be required to provide for the forwarding of the following notice to prospective subcontractors for supply and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NON-SEGREGATED FACILITIES (a) A Certification ofNon-Segregated Facilities, as required by the May 9, 1967 Order (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. (b) Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supply and construction contracts where the subcontracts exceed $10,000 and are not exempt fi-om the provisions of the Equal Opportunity Clause. c March 17,2000 BP-19 16 - CERTIFICATION OF NON-SEGREGATED FACILITIES Environmental Protection Agency Region IX 75 Hawthorne Street San Francisco, California 94105 CERTIFICATION OF NON-SEGREGATED FACILITIES (Applicable to federally assisted construction contracts and related subcontracts exceeding $10,000 which are not exempt from the Equal Opportunity Clause.) The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, restrooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specified time period) he will obtain identical certifications fkom proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt form the provisions of the Equal Opportunity Clause, and that he will retain such certifications in his files. Signature Date Name and Title of Signer (Please Type) Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. March 17,2000 BP-2 O c 17 - DRUG-FREE WORKPLACE CERTIFICATION DRUG-FREE WORKPLACE CERTIFICATION CONTRACTOWAPPLICANT: The contractor or applicant named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or applicant will: 1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following: 2. (a) The dangers of drug abuse in the workplace, c- (b) The person’s or organization’s policy of maintaining a drug-fiee workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract or loan: 3. (a) Will receive a copy of the company’s drug-free policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or loan. CERTIFICATION I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or loan recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. OFFICIAL’S NAME: DATE EXECUTED: EXECUTED IN COUNTY OF: CONTRACTOWAPPLICANT SIGWATURE: TITLE: March 17,2000 BP-2 1 18 - PART 32-GOVERNMENT WIDE DEBARMENT AND SUSPENSION (NONPROCLJREMENT) AND GOVERNMENT WIDE REOUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS) Appendix A to Part 32-Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions Instructions for Certification 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required 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 person from participation in this transaction. 3. 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 or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. 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 the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary 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 proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. 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. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, 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 eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non- procurement Programs. 9. 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 this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this March 17,2000 BP-2 2 transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters--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 by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fiaud 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 (I)(b) of this certification; and (d) Have not within a three-year period preceding this applicatiodproposal 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 c prospective participant shall attach an explanation to this proposal. Appendix B to Part 32--Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions - Instructions for Certification ^- 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. 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. 3. 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 when submitted or had become erroneous by reason of changed circumstances. 4. 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 meaning 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. 5. 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 proposed for debarment under 48 CFR part 9, subpart 9.4, 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. 6. 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. - March 17,2000 BP-2 3 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A d.. 4 8. 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 this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. e. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, 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. 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. A (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. 19 - RESPONSIBILITY FOR REMOVAL, RELOCATION, OR PROTECTION OF EXISTING UTILITIES; CONTRACTS AND PROVISIONS GOVERNMENT CODE SECTION 42 15 (in relevant part) The contract documents shall include provisions to compensate the contractor for the costs of locating, repairing damage not due to the failure of the contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. The contract documents shall include provisions that the contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities. (1974) 20 - SUBMITTING OF BIDS AND AGREEING TO ASSIGN GOVERNMENT CODE SECTION 4552 (in relevant part) In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S. C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. (1978) March 17,2000 BP-24 2 1 - NON-COLLUSION AFFIDAVIT PUBLIC CONTRACTS CODE SECTION 7 106 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California County of ss ; being first duly sworn, deposes and says that he or she is of the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refiain fiom 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 fur 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 the effectuate a collusive or sham bid. BY personally known to me OR proved to me on the basis of satisfactory evidence I be the person@) whose name@) 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 signatures(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. Subscribed and sworn to before me on (Notary Public) March 17,2000 BP-2 5 Minority Participation Goals for California Affiative ActionEqual Employment Opportunity for Construction Contractors Aggregate Work Force Standard Metropolitan Statistical Area (SMSA) 41 CFR $60 - 4.6 I All areadall trades Female participation goal 6.9% Area minority participation Goal (%) 174 Redding: Non-SMSA 6.8 Lassen; Modoc; Plumas; Shasta; Siskiyou; Tehema 175 Eureka: Non-SMSA Counties 6.6 Del Norte; Humboldt; Trinity 176 San Francisco-Oakland-San Jose: SMSA Counties: 7 120 Salinas-Seaside-Monterev 28.9 Monterey 7360 San Francisco-Oakland 26.6 Alameda; Contra Costa; Marin; San Francisco; San Matm 7400 San Jose 19.6 Santa Clara 7485 Santa Cruz 14.9 Santa Cruz 7500 Santa Rosa 9.1 Sonoma. 8720 Valleio-Farifield-Napa 17.1 Napa; Solano Nl 3.2 Lake; Mendocino; San Benito 177 Sacramento: SMSA Counties: 64 16.1 Placer; Sacramento; Yo10 Non-SMSA Conuties 14.3 Butte; Colusa; El Dorado; Glenn; Nevada; Sierra; Sutter; Yuba 178 Stockton-Modesto: SMSA Counties: 5170 ; 12.3 8120 Stockton 24.3 Stanislaus San Joaquin Non-SMSA Counties 19.8 Alpine; Amador; Calaveras; Mariposa; Merced; Tuolumne Area minority participation Goal(%) 179 Fresno-Ba kersfield: SMSA Counties: 0680 Bakersfield 19.1 2840 Fresno 26.1 Fresno Non-SMSA Counties 23.6 Kings; Madera; Tulare Kern 180 Los Angeles: SMSA Counties: 0360 Anaheim-Santa Ana-Garden Grove 11.9 4480 Los Aneles-Lone Beach 26.3 3 1.5 6780 Riverside-San Bernardino-Ontario 19.0 7480 Santa Barbara-Santa Maria-LornDoc 19.7 -ge Los Angeles Ventura Riverside; San Bernardino. Santa Barbara Non-SMSA Counties 24.6 Inyo; Mono; San Luis Obisbo 181 San Diego: SMSA Counties: 7320 SanDiego 16.9 San Diego Non-SMSA Counties 16.2 Imperial March 17,2000 BP-2 6 23 - LABOR CODE SECTION 6500 c c 6500. injury, the division shall require the issuance of a permit prior to the initiation of any practices, work, method, operation, or process of employment. The permit requirement of this section is limited to employment or places of employment that are any of the following: (a) For those employments or places of employment that by their nature involve a substantial risk of (1) Construction of trenches or excavations that are five feet or deeper and into which a person is required to descend. (2) The construction of any building, structure, falsework, or scaffolding more than three stories high or the equivalent height. (3) The demolition of any building, structure, falsework, or scaffold more than three stories high or the equivalent height. (4) The underground use of diesel engines in work in mines and tunnels. This subdivision does not apply to motion picture, television, or theater stages or sets, including, but not (b) limited to, scenery, props, backdrops, flats, greenbeds, and grids. stages or sets, if there has occurred within any one prior calendar year in any combination at separate locations three serious injuries, fatalities, or serious violations related to the construction or demolition of sets more than 36 feet in height for the motion picture, television, and theatrical production industry. An annual permit shall be required for employers who construct or dismantle motion picture, television, or theater stages or sets that are more than three stories or the equivalent height. A single permit shall be required under this subdivision for each employer, regardless of the number of locations where the stages or sets are located. An employer with a currently valid annual permit issued under this subdivision shall not be required to provide notice to the division prior to commencement of any work activity authorized by the permit. The division may adopt procedures to permit employers to renew by mail the permits issued under this subdivision. For purposes of this subdivision, "motion picture, television, or theater stages or sets" include, but are not limited to, scenery, props, backdrops, flats, greenbeds, and grids. On or after January 1 , 2000, this subdivision shall apply to motion picture, television, or theater 24 - PUBLIC CONTRACT CODE SECTION 7 105 7105. cost of repairing or restoring damage to the work, which damage is determined to have been proximately caused by an act of God, in excess of 5 percent of the contracted amount, provided, that the work damaged is built in accordance with accepted and applicable building standards and the plans and specifications of the awarding authority. However, contracts may include provisions for terminating the contract. The requirements of this section shall not be mandatory as to construction contracts financed by revenue bonds. This section shall not prohibit a public agency fkom requiring that a contractor obtain insurance to indemnify the public agency for any damage to the work caused by an act of God if the insurance premium is a separate bid item. If insurance is required, requests for bids issued by public agencies shall set forth the amount of the work to be covered and the contract resulting from the requests for bids shall require that the contractor furnish evidence of satisfactory insurance coverage to the public agency prior to execution of the contract. (a) Construction contracts of public agencies shall not require the contractor to be responsible for the (b) For the purposes of this section: (1) "Public agency" shall include the state, the Regents of the University of California, a city, county, district, public authority, public agency, municipal utility, and any other political subdivision or public corporation of the state. (2) "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes in excess of a magnitude of 3.5 on the Richter Scale and tidal waves. (c) Public agencies may make changes in construction contracts for public improvements in the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by state and federal statutes entered into. The contractor shall be paid for the changes in accordance with the provisions of the contract governing payment for changes in the work or, if no provisions are set forth in the contract, payment shall be as agreed to by the parties. include the power, by mutual consent of the contracting parties, to terminate, amend, or modify any contract within the scope of such authority. (d) (1) Where authority to contract is vested in any public agency, excluding the state, the authority shall BP-2 7 March 17,2000 (2) Paragraph (1) shall not apply to contracts entered into pursuant to any statute expressly requiring that contracts be let or awarded on the basis of competitive bids. Contracts of public agencies, excluding the state, required to be let or awarded on the basis of competitive bids pursuant to any statute may be terminated, amended, or modified only if the termination, amendment, or modification is so provided in the contract or is authorized under provision of law other than this subdivision. The compensation payable, if any, for amendments and modifications shall be determined as provided in the contract. The compensation payable, if any, in the event the contract is so terminated shall be determined as provided in the contract or applicable statutory provision providing for the termination. (3) Contracts of public agencies may include provisions for termination for environmental considerations at the discretion of the public agencies. 25 - PUBLIC CONTRACT CODE SECTION 9203 9203. improvement of any public structure, building, road, or other improvement, of any kind which will exceed in cost a total of five thousand dollars ($5,000), shall be made as the legislative body prescribes upon estimates approved by the legislative body, but progress payments shall not be made in excess of 95 percent of the percentage of actual work completed plus a like percentage of the value of material delivered on the ground or stored subject to, or under the control of, the local agency, and unused. The local agency shall withhold not less than 5 percent of the contract price until final completion and acceptance of the project. However, at any time after 50 percent of the work has been completed, if the legislative body finds that satisfactory progress is being made, it may make any of the remaining progress payments in full for actual work completed. to a twenty-five thousand dollar ($25,000) limit for purposes of subdivision (a). (a) Payment on any contract with a local agency for the creation, construction, alteration, repair, or (b) Notwithstanding the dollar limit specified in subdivision (a), a county water authority shall be subject 4 March 17,2000 BP-2 8 SUPPLEMENTAL PROVISIONS FOR POlNSElTlA LANE-REACH C - CONTRACT NO. 3673 DOMESTIC WATER TRANSMISSION MAINS - CONTRACT NO. 3585 RECYCLED WATER TRANSMISSION MAINS - CONTRACT NO. 3675 SUPPLEMENTAL PROVISIONS TO STANDARD SPEC1 FlCATlONS FOR PU BLlC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS - Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. - -c c I 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. e Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 61 of 166 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 or Carlsbad Municipal Water District (CMWD). -. - - City Council -the City Council of the City of Carlsbad or CMWD Board of Directors. City Manager - the City Manager of the City of Carlsbad or hidher 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 hidher approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. - - - Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 ”own organization’’ means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor’s Own Organization and will not be included for the purpose of compliance with section 2-3.1 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 - The Construction Manager’s immediate supervisor and second level of appeal for informal dispute resolution. - Project Inspector - the Engineer’s designated representative for inspection, contract administration and first level for informal dispute resolution. - Construction Manager - the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. 1-3 ABBREVIATIONS - 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts Apartment and Apartments Bldg Building band Buildings CMWD , Carlsbad Municipal Water District CSSD Carlsbad Supplemental Standard Drawings cf s Cubic Feet per Second Comm Commercial DR Dimension Ratio E Electric - Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 62 of 166 Pages c G gal Gar GNV gPm IE LCWD MSL MTBM NCTD OHE OMWD ROW S SDNR SDRSD SFM T UE W VWD Gas Gallon and Gallons Garage and Garages Ground Not Visible gallons per minute Invert Elevation Leucadia County Water District Mean Sea Level (see Regional Standard Drawing M-12) Microtunneling Boring Machine North County Transit District Overhead Electric Olivenhain Municipal Water District Right-of-way Sewer or Slope, as applicable San Diego Northern Railway San Diego Regional Standard Drawing Sewer Force Main Telephone Underground Electric Water, Wider or Width, as applicable 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 to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor’s own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, “who is listed in the latest version of U.S. Department of Treasury Circular 570,”. Modify paragraphs three and four to read: The Contractor shall provide a faithful performance/ warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($1 0,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 63 of 166 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. 30 days after recordation of the Notice of Completion if all claims have been paid. The bonds to secure payment of laborers and materials suppliers shall be released six months plus - 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: 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. 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. - - 2-5 PLANS AND SPECIFICATIONS. - 2-5.1 General, add the following: The specifications for the work include the Standard Specifications 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. for Public Works Construction, (SSPWC), 2000 Edition and supplements thereto, hereinafter - - I The construction plans consist of two sets designated as City of Carlsbad Drawing No. 379-6 (1 8 sheets) and Carlsbad Municipal Water District Drawing No. 391 -8 (22 sheets). The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS or SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standards 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. 2-5.2 most recent edition of the following documents listed in order from highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Technical Specifications for Poinsettia Lane Domestic and Recycled Water Mains. 3) Supplemental Provisions. 4) Plans 5) Standard Plans. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the - I a) City of Carlsbad Supplemental Standard Drawings. - d) San Diego Area Regional Standard Drawings. - - Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 64 of 166 Pages e 6) Standard Specifications for Public Works Construction. 7) State of California Department of Transportation Standard Specifications. 8) Reference Standards. 9) Manufacturer’s Installation Recommendations. In all cases, Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 8) above. Detailed plans and plan views shall have precedence over general plans. 2-5.2.1 Reference Standards, add the following: Standards of any technical society, organization, or body are incorporated in the Contract Documents by specific reference to the applicable sections/portions of the standard. When a reference standard is specified, comply with applicable provisions and recommendations stated in that standard, unless shown or specified. The latest editions of applicable standards shall apply. Reference standards include, but are not limited to the following: 1 ) American Association of State Highway and Transportation Officials (AASHTO) 2) American Concrete Institute (ACI) 3) American Institute of Steel Construction (AISC) 4) American Iron and Steel Institute (AISI) 5) American National Standards Institute (ANSI) 6) American Public Works Association (APWA) 7) American Society for Testing and Materials (ASTM) 8) American Water Works Association (AWWA) 9) American Welding Society (AWS) 1 0) California Department of Transportation (Caltrans) 11) Code of Federal Regulations (CFR) 1 3) Occupational Health and Safety Administration (OSHA) 14) San Diego Gas & Electric (SDG&E) 15) Uniform Building Code (UBC) 16) San Diego Regional Standard Drawings (SDRSD) . 12) Concrete Reinforcing Steel Institute (CRSI) 2-5.3.3 Submittals, add the following: Submit seven (7) copies of each submittaVshop drawing. 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). Costs incurred by the Owner for second and subsequent resubmittals shall be deducted from payment due Contractor. Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor’s letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor’s certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. The Engineer is allowed 30 calendar days for review and response to submittals. The Engineer’s review will be general only and shall not relieve the Contractor from responsibility for errors, conflicts, or for deviations from the plans and specifications. The Contractor may not begin work described in submittals until such submittals have been approved by the Engineer. Payment for Submittals shall be included in the bid price for those items for which the submittals are made, and no extra payment will be made therefor. 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 7 a Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 65 of 166 Pages - Contractor shall subscribe to and shall place the following certification on all submittals: “I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval.” - -- By: Title: - Date: Company Name: Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete “as-built” record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications including, but not limited to, the exact “as-built” locations, sizes and kinds of equipment, underground piping, valves, and all other work visible and 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. The record drawings shall be made available to the Engineer during the project. Payment for performing the work required by section 2- 5.4 shall be included in the various bid items and no additional payment will be made therefor. - 2-9 SURVEYING -. 2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or 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 5s 8772 and 8773, et seq. of the California Business and Professions Code. a registered civil engineer authorized to practice land surveying within the State of California, - - - When a change is made in the finished elevation of the pavement of any roadway in which a 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 Surveyor to perform all work necessary for 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 Add the following section: 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field note?, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (8 /2)1 by 11”) paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, field crew members and preparer of the field notes or calculations. They shall be annotated permanent survey monument is located, the Contractor shall adjust the monument frame and cover - - establishing control, construction staking, records research and all other surveying work necessary to - the surveying work. - +.- - Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 66 of 166 Pages - - with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with $5 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under $5 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The Record of Survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be signed and sealed by a registered Land Surveyor and submitted for the Engineer’s review and approval before submittal to the County Surveyor and before submittal to the County Recorder. - - -- Add the following section: 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. - _- Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 67 of 166 Pages TABLE 2-9.2.2(A) SURVEY REQUIREMENTS FOR CONSTRUCTION STAKING Feature Staked Stake Description 0 ,Street Centerline SDRS M-10 Monument Clearing Lath in soil, painted line on PCC & AC surfaces Stake Stake Slope RP + Marker Fence RP + Marker Centerline or Parallel to Centerline Spacing@, Q I 1000', Street Intersections, Begin and end of curves, only when shown on the plans ath - Intervisible, I 50' on tangents & I25' on curves, Painted line - continuous lntervisible and 50 I 200' on tangents, I 50 on curves when R 2 1000' & 25' on curves when R I 1000' Rough Grade Cuts1 RP + Marker I 5 50' Asphalt Pavement Finish Course Drainage Structures, Pipes & similar FacilitiesO, 0 or Fills 2 33' I Stake I Final Grade I RP + Marker I 5 50' on tanaents & curves when R 2 1000' & RP, paint on previous course I 25' or as per the intersection grid points shown on the plan whichever provides the denser information RP + Marker Stake intervisible & 5 25', beginning and end, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing), (includes top of: Stake, Blue-top Basement soil, in grading area I25'k curves when R I 1000' subbaseand I I Abutment Fill Stake depression 0 RP + Marker Stake + Line 250' & along end slopes & conic transitions I I .. -. Skewed cut-off lines Curb I RP + Marker I 5 25'. BC & EC. at %A. %A & %A on curb Wall 0 Miscellaneous 0 Contour Grading 0 Utilities 0,O Channels, Dikes & Ditches 0 Signs 0 I Stake 1 ' returns &'at beainnina & end RP + Marker Stake + Line Point +Guard I 50' and at beginning & end of: each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation &wall Stake height RP + Marker 5 50' Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Point +Guard Stake I 50' on tangents & curves when R2 1000' & I 25' on curves when R I 1000' or where grade 50.30% intervisible & I loo', BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities At sign location Minor Structure O RP + Marker I Stake + Line I for catch basins: at centerline of box, ends of box & wings & at each end of the local Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Lateral Spacing 0, Q on street centerline at clearing line Grade Breaks & < 25' NfA (constant offset) NtA 222' edge of pavement, paving pass width, crown line & grade breaks as appropriate (constant offset) as appropriate as appropriate as appropriate along contour line as appropriate as appropriate Line point - Setting Tolerance (Within) 0.02' Horizontal, also - see section 2-9.2.1 herein 1 ' Horizontal 0.1' Vertical & 0.1' Horizontal Horizontal - 0.1' Vertical & - Horizontal "/$ Horizontal & '14" Vertical - 'fg Horizontal & '14" - Vertical -- '18'' Horizontal & '14" Vertical - 'I$ Horizontal & '141) - Vertical ?/e" Horizontal & '14" Vertical (when vertical data needed) I 0.1' Vertical & Horizontal '14" Horizontal & '14" Vertical - 0.1 ' Vertical 8 Horizontal 'ti' Horizontal & 'h" -- Vertical 0.1' Horizontal & '/$ Vertical 0.1' Vertical & - - Horizontal - Page 68 of 166 Pages L - Feature Staked Centerline or Parallel to Centerline Spacing@, @ intervisible & i 50', BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities for asphalt street surfacing I 50' on tangents & curves when R2 1000' & I 25' on curves Subsurface Drains 0 - Lateral Spacing GI,@ as appropriate At marker location(s) Markers 0 when R I 1000' At beginning & end Railings & Barriers 0 location(s) as appropriate AC Dikes 0 200' on tangents, 50' on curves when R 2 1000' & 25' on curves when R i 1000' For PCC surfaced streets lane cold joints will suffice Pavement Markers0 at pavement marker lOCatiOn(S) 0 Staking for feati 0 c Stake Description 8 RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP ? may be omitl when R i 1000'. I At beginning & end and 550' on tangents & I at railing & curves when R 2 1000' & i 25 on curves I barrier Setting Tolerance (Within) 0.1 ' Horizontal & '1411 Vertical '14" Horizontal %I" Horizontal & Vertical 0.1' Horizontal & Vertical '14" Horizontal ~~ ~ I when adiacent marker stakes reference the offset and elevation of those features and the accuracy requfrements of the RP meet the requirements for the feature Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table Perpendicular to centerline. Some features are not necessarily parallel to centerline but are referenced thereto Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature 2 means greater than, or equal to, the number following the symbol. 5 means less than, or equal to, the number following the symbol. The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(B) TABLE 2-9.2.2(8) SURVEY STAKE COLOR CODE FOR CONSTRUCTION STAKING Flagging and marking cards, if used. @ Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 69 of 166 Pages Add the following section: 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made therefore. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees therefore, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefore. 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 2-1 0.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the ,Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor’s ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 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. Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 70 of 166 Pages 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) 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. Work by Contractor. The following percentages shall be added to the Contractor's costs (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. - 3-4 CHANGED CONDITIONS. - Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in 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 12650-1 2655. e Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 71 of 166 Pages _I “The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands City’s proposed final estimate in order for it to be further considered.” - and agrees that this potential claim, unless resolved, must be restated as a claim in response to the - - By: Title: Date: Company Name: - The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor 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. shall submit substantiation of its actual costs to the Engineer within 20 working days after the - - - 3-5 DISPUTED WORK. - Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall -- attempt to resolve all disputes informally through the following dispute resolution chain of command: - 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer 4. Public Works Director 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request 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 201 04) which is set forth below: - 1 in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section - - Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 72 of 166 Pages .- ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 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 (b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed - - claims. - - I a Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 73 of 166 Pages - shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. _, - - 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested 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 (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 11 41.1 1 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 201 6) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed 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 1141.1 0) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not 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 - third person as mediator, shall be commenced within 30 days of the submittal, select a mediator within the 15-day period, any party may petition the court to appoint the mediator. - -. - for purposes of this article shall be experienced in construction law, and, upon stipulation of the - -_ obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, - 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, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such manner of work and character of materials. work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill I information as may be necessary to keep the Engineer fully informed regarding progress and Inspection or testing of the whole or any portion of the this Contract. - - - - a Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 74 of 166 Pages - - 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. - c 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. - -. c Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. @ Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 75 of 166 Pages SECTION 5 -- UTILITIES 5-1 LOCATION. Delete the first paragraph and substitute the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: SDG&E's high tension power lines cross the project site at the easement shown on the plans. The City is working with SDG&E to have these lines raised to meet clearance requirements with the proposed road grades. The Contractor shall coordinate the work with SDG&E so that the clearance requirements are met during construction. No extra payment will be made to the Contractor for coordinating with SDG&E or other utilities. In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefor or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 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". The Contractor may not begin field work until the baseline construction schedule, traffic control plans, haul routes, and permits have been reviewed and approved by the Agency. Add the following section: 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, 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. 0 \# Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 76 of 166 Pages 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 95 compatible “Suretrak” program by Primavera or “Project” program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a 89 mm (3.5”) data disk with all network information contained thereon, in a format readable by a Microsoft Windows 95 system. The Agency will use a “Suretrak”, “Project” or equal software program for review of the Contractor’s schedule. Should the Contractor elect to use a scheduling program other than the “Suretrak” program by Primavera or “Project” program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:OO a.m. and 5:OO p.m. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:OO a.m. and 5:OO p.m. The location dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The training shall be completed prior to the submittal of the first Baseline Construction Schedule. - - - .- Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 77 of 166 Pages - 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 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 Engineer, to communicate the Contractor’s plan for project execution, to accurately describe the 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: 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 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than I . -3 - - - 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 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 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 - Schedule does not meet the requirements of these specifications the Contractor shall correct the the Contractor complies with the requirements of these supplemental provisions within thirty (30) not be included in the 30 working days. I - - I - e Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 78 of 166 Pages - - 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: 6-1.2.1 0.1 “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: 6-1.2.1 0.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” by the Engineer. - - Add the following section: 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity’s schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media per the submittal requirements of section 2-5.3 and will include each item and element of sections 6-1.2 through 6- 1.2.9 and 6-1.3.1 through 6-1.3.7. - - Add the following section: 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. Add the following section: 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. I Add the following section: 6-1.3.3 Electronic Media. The schedule data disk shall be a 89 mm (3’/;) high density diskette, labeled with the project name and number, the Contractor’s name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in section 6-1.2.4 “Schedule Software” and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. - - Add the following section: 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. - - Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 79 of 166 Pages Add the following section: - reflecting the change orders approved in the previous month. The network revisions will be as 6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions agreed upon during the review and acceptance of the Contractor’s change orders. - Add the following section: 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Add the following section: 6-1. 4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and days of submittal. The Updated Construction Schedule will be returned marked as per sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Comments” or Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked “Not Accepted”. - - return the Updated Construction Schedule to the Contractor, with any comments, within 5 working “Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal the I - - Add the following section: for the schedule in accordance with section 6-1.8.2. 6-1.4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment - Add the following section: -- corrections and changes noted in the Engineer’s comments prior to receipt of payment per section 6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the - 6-1.8.2. - Add the following section: 6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the - Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor’s responsibility. - - Add the following section: 6-1.5 contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or - I immediately following the “Accepted” schedule. - a Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 80 of 166 Pages c Add the following section: 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of section 2-5.3 and per the schedule review and acceptance requirements of section 6-1, including but not limited to the acceptance and payment provisions. As used in this subsection “substantially different’’ means a time variance greater than 5 percent of the number of days of duration for the project. Add the following section: 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor’s Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1.4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per section 9-3.2. Add the following section: 6-1.8 Measurement and Payment. Construction Schedule will be paid for at the stipulated lump sum price of four thousand dollars ($4,000.00). The stipulated lump sum price paid for Construction Schedule shall include full compensation for furnishing all labor, materials including, but not limited to, the computer hardware and software, tools, equipment, and incidentals; and for doing all the work involved in attending meetings, preparing, furnishing, updating, revising the Construction Schedules and narrative reports required by these supplemental provisions and as directed by the Engineer. The Engineer’s determination that each and any construction schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be precedent to each and any payment for the Construction Schedule. Payments for Construction Schedule will be made as per sections 6-1.8.1 through 6-1.8.3. - - - - Add the following section: 6-1.8.1 Initial Payment. One thousand dollars ($1,000.00) of the stipulated lump sum bid for the Construction Schedule will be made when the Engineer has accepted the Baseline Construction Schedule for this project c Add the following section: 6-1.8.2 Monthly Updated Construction Schedule Payments. Monthly Updated Construction Schedule Payments of five hundred dollars ($500.00) will be made subsequent to the initial payment for the Construction Schedule for each monthly Construction Schedule, updated as required herein, that the Engineer has accepted as sufficient within the month that the monthly progress payment pertains. No payment shall be made, nor shall any payment accrue, for any monthly updated construction schedule that is not marked “Accepted” by the Engineer on or before the twentieth working day of the month such monthly updated construction schedule is due per Section 6-1.3 Preparation of Schedule Updates and Revisions. The sum of the amounts paid for Construction Schedule during the initial and subsequent payment periods, or extensions to the contract, shall not exceed the stipulated lump sum price for Construction Schedule. e Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 81 of 166 Pages 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 Order of Work. The work to be materials, and performing all operations Proiect Plans and as specified in the - done shall consist of furnishing all labor, equipment and necessary to complete the Project Work as shown on the Contract Documents. The work includes construction of - Poinsettia Lane from Black Rail Road to the existing terminus at the Aviara Phase Ill, Zone 19 project. The work also includes construction of domestic and recycled water mains as shown on the plans. Some of the pipeline work will be in an easement on Redeemer’s Church property. The Contractor will have to coordinate with the Redeemer Church, Redeemer’s contractors, SDG&E, CMWD, and the City of Carlsbad. 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project Representative”, 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. The pipeline design assumes the Redeemer’s property will be graded prior to pipe installation. - - Representative shall be the individual determined under section 7-6, “The Contractor’s - - 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 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. - - classification of each workman and supervisor and the make and model of each piece of equipment - I 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 140 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the hours and/or days stated herein when, in hidher sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 82 of 166 Pages c - 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. c I c. Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the “Notice of Completion” and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. - Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of $1,000. - -- Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. - SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR - 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best’s Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. - 7-4 WORKERS’ COMPENSATION INSURANCE. - Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers’ compensation insurance. Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 83 of 166 Pages c 7-5 PERMITS. - Delete the first sentence and add the following: Except as specified herein the Agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. The Contractor shall obtain and pay for any OSHA permit, safety permit, air pollution permit, NPDES permit, and 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. Contractor shall apply to the Agency for a waterhewer connection permit prior to connecting to an existing utility. Contractor shall not begin work until all permits incidental to the work are obtained. Contractor shall comply with all permits, regulations, laws, licenses, and authorizations from appropriate agencies. - 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: - 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation, pot-holing, or construction near their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. Contractor must coordinate construction with adjacent property owners and their contractors. Some of the work will be performed within easements on properties not owned by the Agency. Some of the pipeline work will be dependent on grading operations by another contractor on the Redeemer by the Sea and their contractors will be included in the various bid items for which coordination is necessary. No additional compensation will be made to the Contractor for any difficulty or delay resulting from - Lutheran Church property. Payment for this cooperation and coordination with other property owners coordination with other property owners or their contractors. - -- 7-8 PROJECT SITE MAINTENANCE. - 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control dust control that, in hidher sole discretion, are necessary to preserve the health, safety and welfare of the public. After the Work is complete, Contractor shall remove and dispose of all materials and debris on the site. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. throughout the duration of the Contract. The Engineer may require increased levels of cleanup and Contractor shall use a self-loading motor sweeper to clean the paved surfaces. I -. - 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 power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, with and no additional payment will be made therefore. - I 7-8.6 Water Pollution Control. Add the following: The Contractor shall comply with all requirements of the storm water pollution and monitoring plan for this project in accordance with the California State Water Resources Control Board order number 92-08-DWQ, NPDES General Permit number CAS000002 and the “Water Discharge Requirement for Discharges of Storm Water Runoff - Associated with Construction Activity.” A model Storm Water Pollution Prevention Plan (SW PPP, City. - Appendix C) is provided for the Contractor to use in preparing the project SWPPP for approval by the L @ Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 84 of 166 Pages 1- I Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. - 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Add the following: A preconstruction video shall be submitted to the Engineer before Work is performed which has the potential to disturb or modify public or private property. Video shall fully document pre-existing condition, damage, and wear to property near the area of work. Failure by Contractor to submit preconstruction video may be taken as evidence that subsequent claims by property owners can be attributed to the Contractor’s actions. Payment for preconstruction video shall be included in the bid item for Mobilization, Demobilization, and Preparatory Work. - c 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to, mail delivery and trash pickup. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City’s contracted waste disposal company, Coast Waste Management at 760 929-9400. A small portion of Poinsettia Lane, from Ambrosia Lane west to the existing barricade, may be closed off and used as a Staging Area by the Contractor. However, Ambrosia Lane may NOT be used for construction traffic, nor may it be used by.heavy vehicles. A small portion of Black Rail Road may be temporarily closed to traffic during working hours for installing pipelines. After working hours, the Contractor must restore two-way traffic on Black Rail Road. Both of these road closures will require submittal of traffic control plans per these Supplemental Provisions. c - - - The Contractor shall submit a traffic control plan and a haul route plan to the Engineer for review and approval thirty (30) days prior to the beginning of construction. No construction will be allowed until the traffic control plans and haul route have been approved. - During operations, the Contractor’s schedule shall be designated to provide residents and business owners whose streets are to be affected sufficient paved parking within an 800 foot distance from their homes or businesses. -_ 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 the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. - a Revised: 04/22/02 Contract Nos. 3673, 3585, and 3675 ~~ Page 85 of 166 Pages - For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-112 inches by 8-1/2 inches and shall be 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. I brightly colored with contrasting printing. The material shall be equivalent in strength and durability to - 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 and re-posted 48 hours in advance of the rescheduled work. - the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed - The preparation, materials, printing and distribution of the notifications shall be included in the I contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. 7-1 0.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: A small portion of Poinsettia Lane, from Ambrosia Lane west to the existing barricade, may be closed off and used as a Staging Area by the Contractor. However, Ambrosia Lane may NOT be used for construction traffic, nor may it be used by heavy vehicles. A small portion of Black Rail Road may be temporarily closed to traffic during working hours for installing pipelines. After working hours, the Contractor must restore two-way traffic on Black Rail Road. Both of these road closures will require submittal of traffic control plans per these Supplemental Provisions. - - 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 followina : -. - w The Engineer ..................................................................................... (760) 602-2780 .................................................. Carlsbad Fire Department Dispatch (760) 931 -21 97 - Carlsbad Police Department Dispatch .............................................. (760) 931 -21 97 Carlsbad Traffic Signals Maintenance .............................................. Carlsbad Traffic Signals Operations North County Transit District ............................................................. Coast Waste Management ................................................................ (760) 438-2980 x2937 (760) 602-2757 (760) 967-2828 (760) 929-9400 ................................................. - - The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. - Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California 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 restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at hidher sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Department of Transportation "Manual of Traffic Controls," current edition and these Supplemental shall immediately repair said component to its original condition or replace said component and shall - - - a Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 86 of 166 Pages c - 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 214-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 21 0-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 21 0-1.6for materials and section 31 0-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractor’s employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. - c - - - ..- Add the following section: 7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than 6’, nor operate equipment within 0.6 m (2’) from any traffic lane occupied by traffic. For equipment the 2’ shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers . 1E“s Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 87 of 166 Pages - Add the foliowing section: --." adjacent to, public roads which may affect traffic, the Contractor shall submit traffic control plans to 7-10.3.3 Traffic Control for Lane Closure or Street Closure. If work is to be performed in, or the Engineer for review and approval at least thirty (30) days prior to the beginning of construction. No construction will be allowed until the traffic control plans have been approved. See Section 7-1 0.3.6 below for requirements of traffic control plans. Construction signing shall conform to CALTRANS "Manual of Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways" and 'Work Area Traffic Control Handbook, current editions and provisions under "Maintaining Traffic" elsewhere in these Supplemental Provisions. The provisions in this section will measures as may be necessary to maintain public safety. L - not relieve the Contractor from its responsibility to provide such additional devices or take such -" When lanes are closed for only the duration of work periods, all components of the traffic control Contractor so elects, said components may be stored at selected central locations, approved by the - 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 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 striping operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure or Street Closure" of these Supplemental Provisions or by use of an alternative 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: 7-1 0.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in Chapter 5 of the 'Traffic Manual", 1996 edition published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall - -- - - - used to establish the alignment of the temporary pavement delineation shall be removed by grinding. - Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. temporary pavement delineation. 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. Temporary pavement delineation shall not be applied over existing pavement delineation or other - - - - E# Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 88 of 166 Pages - - Add the following section: 7-10.3.6 Preparation of Traffic Control Plan Sheets. The Contractor shall have a Traffic Control Plan (TCP) prepared by a registered civil engineer and submitted as a part of the Work for all construction activities that are located within the traveled way. 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 the plan. A minimum thirty (30) day review period shall pertain to each submittal of TCP, new, modified or added to, for the Engineer’s review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and of the “MANUAL OF TRAFFIC CONTROLS,‘, 1996 Edition as published by the State of California Department of Transportation. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered 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. + - - I - - * -- Add the following section: 7-10.3.7 Payment It is the Contractor’s responsibility to prepare, submit, change, and re-submit the traffic control plans until approved by the Engineer. The Contractor shall implement approved traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control throughout the duration of the work and no other compensation will be allowed therefore. Payment will be made per lump sum bid price after the work is completed for which the traffic controls were necessary. For example, after the work in Schedule A is completed, then payment will be made for bid item “Traffic Control for Schedule A.” The same applies for ‘Traffic Control for Schedule B” and ‘Traffic Control for Schedule C.” Add the following section: 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall provide safe drinking water for his employees. The Contractor shall be solely responsible for the safety of employees and the public 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. Contract Nos. 3673, 3585, and 3675 Page 89 of 166 Pages Revised: 04/22/02 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. SECTION 9 -- MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the “Notice of Completion” 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor’s information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, 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 685.01 0 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. ew $@ Revised: 04/22/02 Contract Nos. 3673, 3585, and 3675 Page 90 of 166 Pages The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. 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, demobilization, and preparatory work will be made at the Contract lump-sum price 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, demobilization, 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 L @ Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 91 of 166 Pages 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 and that the Contractor shall have no right to additional compensation for Mobilization, Demobilization, and Preparatory Work. -., - - Progress payments for Mobilization, Demobilization, 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 For the second progress payment, an additional thirty percent (30%) of the bid amount will be allowed therefore. The remainder of the bid amount shall be paid after demobilization and site cleanup is the amount bid for Mobilization, Demobilization, and Preparatory Work will be allowed. complete to the satisfaction of the Engineer. - - Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 -- Page 92 of 166 Pages L SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be crushed aggregate base (Section 200-2.2). SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS - 201-1 PORTLAND CEMENT CONCRETE TABLE 201 -1.1.2(A) Modify as follows: TABLE 201-1.1.2(A) (3) PORTLAND CEMl - 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 3T CONCRETE Concrete Class 330-C-23 (560-C-3250) (’) 1 15-E-3 (1 90-E-400) 330-(2-23 (560-C-3250) 350-C-27 (590-C-3750) 31 0-(2-17 Maximum Slump mm (Inches) (2) 200 (8”) 100 (4”) 100 (4”) per Table 300-1 1.3.1 (520-C-25OOP) (1) Except that concrete required to be of higher strength by Table 201 -1.1.2(A) SSPWC shall be as Der Table 201-1.1.2(A) SSPWC. (2) As’per Table 201 -1.1.2iA) 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. A mix design shall be submitted by the Contractor for approval by the Engineer. 201 -1.2 Materials. 201-1.2.4(a) Integral Colored Concrete. Add the following: Integral color shall consist of colored admixtures developed for use in ready mixed concrete. The product shall be made of the highest quality pigments, as well as other ingredients designed to enhance the color and improve the pigment dispersion, workability and finishing performance of the concrete. Integral color pigments shall meet or exceed ASTM-C-979. The coloring method shall be designed for concrete flatwork applications (salt finished, broom finishes, rotary finishes), as well as vertical surfaces, and other types of architectural concrete. Pigment shall be a permanent coloration, uniform throughout the concrete surface and interior, and shall be highly UV and fade resistant. Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 93 of 166 Pages - Color shall match the raised medians on Poinsettia Lane adjacent to the construction. Provide sample panel submittals of all colors to be used in the installation on identical surfaces for approval by the Engineer. Admixture products and procedures for installation shall be in strict accordance with the manufacturer's specifications and recommendations, and those published by the American Concrete Institute (ACI) and the Portland Cement Association (PCA). I I - 201-1.2.4 Chemical Admixtures. (e) Air-Entraining Admixtures. Substitute the following: The percentage points. The air content of freshly mixed concrete will be determined by California Test air content shall not deviate from the percentage specified or permitted by more than 1-1/2 - Method No. 504. Add the following: 201-1.6 Finish. Stamped pattern to match existing medians construction. Add the following: 201-1.7 Miscellaneous Concrete Finishing Products. - on Poinsettia Lane adjacent to the - 201 -1.7.1 Water Base Penetrating Sealer for Integral Colored Concrete. (Scofield Colorcure Concrete Sealer or approved equal) Water base penetrating sealer shall be a sealer designed for the protection of imprinted and natural concrete. Water base penetrating sealer shall be a sealer designed for the protection of imprinted, colored and natural concrete, and other masonry surfaces to preserve the natural appearance of the masonry concrete, etc. Sealer shall repel spills and soils, minimizing staining and maintenance.. - -- without darkening or adding gloss to the surface. It shall preserve the natural slip resistance of the -- - Seal shall leave no visible material on the surface and shall be absorbed and locked into the pores of the masonry, repelling liquids and soils but leaving the top surface natural in appearance. Install per manufacturer's directions. Seal shall be compatible with the surfaces and materials which it is applied. Concrete sealer shall conform to the following specifications: Color: Clear, non-yellowing Odor: Mild Flash Point: None (C.O.C. method) Specific Grav.: 1.03 Density: 8.6 pounds per gallon Drying Time: Cure Time: VOC Content: Polymer Type: Coverages (approximate): Smooth Concrete: Rough Concrete: I 30 minutes to 60 minutes 24 to 48 hours None (0 g/I) excluding water Proprietary Reactive Resin System 300 to 400 square feet per gallon 200 to 300 square feet per gallon Note: Coverages vary depending on porosity and condition of surface and method of application. iesb Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 94 of 166 Pages - c Method of: Airless sprayer. Application Manufacturer: Scofield Chromix Admixtures for color-conditioned equal L.M. Scofield Company 6533 Bandini Boulevard c_ Los Angeles, CA 90040 - 1-800-800-9900 concrete, or approved All materials shall be furnished, prepared, applied, cured, and stored according to the product manufacturer’s direction. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS. 201 -3.4 Type “A Sealant (Two-Part Polyurethane Sealant). Add the following: e All finished concrete surfaces shall have a %” continuous expansion joint at locations indicated on the plans and notes and shall be located either parallel to perpendicular to the curb line. When not otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type “A and colored to match the color of the concrete surface. - Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. A - - Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer’s standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. - Provide color selections made by Engineer from manufacturer‘s full range of standard colors for products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment Type “A, as specified in Section 201 -1.2.4(a) of these Special Provisions. - Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, c provide manufacturer’s standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-sag, Type II. e - Acceptable Products: “Sonneborn NPII”; Sonneborn Trafficalk 3-G”, L.M. Scofield Company; or equivalent, Building Products Division; “Scofield Lithoseal as approved by the Engineer. e Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 95 of 166 Pages Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polystyrene foam is not acceptable. SECTION 203 - BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE 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 by Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202 2. Stability' using: a. Stabilometer Value2 using Calif. Test 366 and shall be the average of three individual Stabilometer Values b. Marshall Stability in accordance with the Asphalt Institute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. And J or 1. 2. Stability will be waived provided the extracted asphalt binder content is within +\- 0.5 percent of mix design based on the weight of the dry aggregate and the extracted gradation complies with Table 203-6.3.2 (A). Use Marshall Stability when the deviation between individual Stabilometer Values are greater than +\- 4. When using core sample analysis, the samples must be properly prepared to safeguard against influx of out side contaminates and so that the cut surfaces do not influence the test results. Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 96 of 166 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 binder content is within +\- 0.5 percent of mix design based on the weight of the dry aggregate 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 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). c c USES Headers for bituminous pavement up to 50 mm x - 203-6.6.2, Batch Plant Method, Modify as follows: Third paragraph, last sentence, delete “and from the Engineer’s field laboratory”. GRADES Construction wade Redwood or preservative 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 12 hours, shall not be used in the work. 100 mm (2”x4”) Headers for bituminous pavement larger than 50 mm x 100 mm (2”x4”) - SECTION 204 - LUMBER AND TREATMENT WITH PRESERVATIVES treated constktion grade Douglas Fir Number 1 grade Redwood, or preservative treated number 1 grade Douglas Fir 204-1 LUMBER AND PLYWOOD TABLE 204-1.2(A) add the following: _. .. - TABLE 204-1.2(A) SECTION 206 - MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. Add the following section: 206-7.1 Permanent Traffic Signs. Permanent traffic signs shall consist of 1 0-gage and 12-gage cold-rolled steel perforated tubing. This includes all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic upon the completion of the Work unless otherwise shown on the plans. All signs shall be new signs provided and installed by the contractor except those signs specifically shown as existing to be relocated or to remain. I c Add the following section: 206-7.1.1 General. Materials, legend, proportion, size, and fabrication of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of ‘SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993”, Sheets 1 through 5 that accompany “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993 of dimensions and details, dated April 1987, and “OPAQUE COLOR CHART”, dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 9581 9 and as modified herein. Where the “SPECIFICATION FOR REFLECTIVE SHEETING SIGNS, October 1993” require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said SPECIFICATIONS, to provide a quality control program or to allow testing, - I - - c Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 97 of 166 Pages - approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Carlsbad Public Works Yard at 405 Oak Avenue. - Engineer. Existing signs removed by the contractor shall be delivered by the contractor to the City of - Add the following section: 206-7.1.2 Sign Identification. Modify the “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993 as follows: Sign identification shall be as per “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993, except that the notation shall be “PROPERTY OF THE CITY OF CARLSBAD”. -- - Add the following section: 206-7.1.3 follows: Standard signs shall be as per the most recently approved “Approved Sign Specification Sheets” of the State of California, Department of Transportation. The date of approval shall be the Proceed” of this contract, whichever is most recent. Drawings. Modify the “Specifications For Reflective Sheeting Signs, October 1993 as date most closely preceding the date of manufacture of the sign(s) or the date of the “Notice to - - Add the following section: 206-7.1.4 Reflective Sheeting. Modify the “Specifications For Reflective Sheeting Signs, October 1993’’ as follows: All advisory signs, warning signs and all regulatory signs, shall be fabricated with Type Ill encapsulated lens reflective sheeting (high intensity or equal) conforming to the - requirements of this specification. - Add the following section: 206-7.1.5 follows: All permanent traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall use aluminum substrate. Add the following section: 206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on 1 0-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45 or, when the sign area exceeds the maximum area allowed for on that drawing, on multiple 10-gage or 12-gage cold-rolled steel perforated tubing posts. The number of posts shall be determined by the parameters in SDRS drawing M-45 or as approved by the Engineer. Traffic signs will be provided with back cold-rolled steel perforated tubing when multiple posts are used. Substrate. Modify the “Specifications For Reflective Sheeting Signs, October 1993 as - - - - braces and mounting blocks as approved by the Engineer consisting of 10-gage or 12-gage I Add the following section: - 206-7.1.6 Traffic Sign Posts. Posts shall be constructed of 10-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45. Add the following section: 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the Contractor’s performance of the Work. Temporary traffic signs include both stationary and portable signs. L direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the - ,Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 98 of 166 Pages - - Add the following section: 206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of “Specifications For Reflective Sheeting Signs, October 1993”, Sheets 1 through 5 that accompany “Specifications For Reflective Sheeting Signs, October 1993” of dimensions and details, dated April 1987, and “OPAQUE COLOR CHART”, dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where The “Specification For Reflective Sheeting Signs, October 1993” require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said “Specifications For Reflective Sheeting Signs, October 1 993, to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. - - Add the following section: 206-7.2.2 Drawings. Modify the “Specifications For Reflective Sheeting Signs, October 1993” as follows: Standard temporary traffic signs shall be as per the most recently approved “Approved Sign Specification Sheets” of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the “Notice to Proceed” of this contract, whichever is most recent. - - Add the following section: 206-7.2.3 Reflective Sheeting. Modify the “Specifications For Reflective Sheeting Signs, October 1993’ as follows: All advisory signs, warning signs and all regulatory signs, shall be fabricated with Type Ill encapsulated lens reflective sheeting (high intensity or equal) conforming to the requirements of this specification. - - c Add the following section: 206-7.2.4 Substrate. Modify the “Specifications For Reflective Sheeting Signs, October 1 993” as follows: Excepting only construction warning signs used at a single location during daylight hours for not more than five (5) consecutive days, all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall be stationary mounted and shall use aluminum substrate. Add the following section: 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on 10-gage and 12-gage cold-rolled steel perforated tubing posts in the same manner shown on the State of California, Department of Transportation “Standard Plans” 1995 edition standard plans numbers RS1 , RS2, RS3 and RS4 for installation of roadside signs, except as follows: a) Wood posts shall not be used. b) Back braces and blocks for sign panels will not be required. c) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m (7’). d) Unless otherwise shown on the plans traffic sign posts shall conform in materials and installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m2 (5 ft2)of sign area, or the signs may be installed on existing lighting standards when approved by the Engineer. e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements specified for aluminum signs in the “Specifications For Reflective Sheeting Signs, October 1993”. Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 99 of 166 Pages I Add the following section: - perforated tubing used for the support and stabilization of stationary mounted temporary signs. number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be IO-gage or 12-gage cold-rolled steel Post size and number of posts shall be as shown on the plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the plans, post size and the consist of reflective sheeting applied to a sign substrate. I - Add the following section: 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and legend 206-7.2 of these Supplemental Provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12”). All parts of the sign standard or framework shall background. Testing of paint will not be required. - requirements of sign panels for stationary mounted signs in the “Specifications For Reflective requirements for portable signs shall be as described for stationary mounted sign panels in section be finished with 2 applications of an orange enamel which will match the color of the sign panel - - I Add the following section: 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS. Add the following section: 206-8.1 General. used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform to operations have been completed. Cold-rolled steel perforated tubing shall be perforated on all four faces with 11 mm (7/16”) holes on 25 mm (1”) centers. Add the following section: 206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, -0.13 mm (4.01 l”, -0.005”). Convexity and concavity measured in the center of the flat side shall not exceed a tolerance of +0.25 mm (+0.010”) applied to the specific size determined at the corner. Straightness tolerance variation shall not exceed 1.6 mm in 1 m (1/16 ‘I in 3’). Tolerance for corner radius is 4.0mm (5/32”), plus or minus 0.40 mm (1/64“). Weld flash on corner-welded square tubing shall permit 3.60 mm (9/64”) radius gage to be placed in the corner. Using 10-gage or 12-gage square tube, consecutive size tubes shall telescope freely for 3.lm (IO’). Tolerance on hole size is plus or minus 0.40 mm (1/64“) on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (1/8’ in 20’). In addition, for the following specific sizes of light gage steel tubing, dimensional tolerances shall not exceed those listed in tables 206-8.2 (A) and 206-8.2(8). This Section pertains to 1 0-gage and 12-gage cold-rolled steel perforated tubing ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching - - I_ @ Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 100 of 166 Pages - c Nominal Outside Dimensions mm (inches) 25 x 25 (1 xl) 32 x 32 38 x 38 44 x 44 51 x51 (2 x 2) 56 x 56 57 x 57 64 x 64 51 x76 (2 x 3) (1 ’/4 x 1 ’/4) (1 ’/2 x 1 ’/2) (1 3/4 x 1 3/4) @Il6 x z3ll6) (2’/4 X 2’/4) (2V2 x 2V2) Outside Tolerance for All Sides at Corners mm (inches) 0.1 3 0.005 0.15 0.006 0.1 5 0.006 0.20 0.008 0.20 0.008 0.25 0.01 0 0.25 0.01 0 0.25 0.01 0 0.25 0.01 0 c Nominal Outside Dimension Squareness”) mm (Inches) mm (Inches) 25 x 25 (1 xl) 0.15 0.006 32 x 32 (1 x I -1/4) 0.18 0.007 38 x 38 (1 42 x 142) 0.20 0.009 44 x 44 (1 -”4 x 1 -”4) 0.25 0.01 0 51 x51 (2 x 2) 0.30 0.01 2 56 x 56 (2-3/16 x 2-3/16) 0.36 0.01 4 57 x 57 (2-‘/4 x 2-‘/4) 0.36 1.014 64 x 64 (242 x 24) 0.38 0.01 5 51 x76 (2 x 3) 0.46 0.01 8 Twist Permissible in 900 mm (3) 1.3 0.050 1.3 0.050 1.3 0.050 0.062 1.6 1.6 0.062 0.062 1.6 1.6 0.062 1.9 0.075 1.9 0.075 mm(2) ( Inches)(2) Add the following section: 206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel perforated tubing shall be steel “pull-through” electrogalvanized rivets with 9.5 mm (3/8”) diameter shank, 22 mrn (7/8”) diameter head, and a grip range of from 5 mm (0.200”) to 0.90 mm (0.356”). The fasteners shall conform to ASTM B-633, Type Ill Add the following section: 206-9 PROJECT SIGNS. The Contractor will furnish, install, repair, and maintain two temporary project signs for the duration of the project. Project sign materials, layout, size, supports, text lettering, finish, and colors shall be as shown in Appendix D and submitted to Engineer for approval prior to construction. Appendix D shows a sample project sign, therefore, the project name, contractor, and completion date shall be changed to fit this project. Location of signs shall be directed by Engineer. Contractor shall remove signs and give them to Owner upon completion of the project. a Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 101 of 166 Pages SECTION 207 - PIPE Property Method Thickness ASTM D2103 Tensile strength ASTM D882 Elongation ASTM D882-88 Printability ASTM D2578 Flexibility ASTM D671-81 Inks Manufacturing specifications Message repeat Manufacturing specifications Foil Manufacturing specifications Top layer Manufacturing specifications Bottom layer Manufacturing specifications Adhesives Manufacturing specifications Bond strength Colors APWA Code Boiling H20 at 100 degrees Celsius 207-2 REINFORCED CONCRETE PIPE. Value 01 14 mm (0.0056) 4500g/cm (25 Ibs/inch) (5,500 PSI) 40 percent at break >50 dynedsquare centimeter Pliable hand Heat-set Mylex Every 500 mm(20”) Dead soft/annealed Virgin PET Virgin LDPE >30 percent, solid 1.5#/R Five hours without peel See Table 207-25.1 (B) 207-2.5 Joints. Add the following: C 361 -95 and C 443-94. When watertight joints are indicated on the plans they shall be of the rubber-gasketed type meeting the requirements of ASTM Standard Specification designations - Add the following section: 207-25 UNDERGROUND UTILITY MARKING TAPE. Add the following section: 207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground - Utility Marking - Tape shall have a minimum 0.13 mm (0.005”) overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall conform to the properties listed in Tables 207-25(A) and 207-25 (B). Color Red Yellow Orange Blue Green Brown Purple TABLE 207-25.1 (B) DETECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS Utility Marked Electric power, distribution, transmission, and municipal electric systems. Gas and oil distribution and transmission, dangerous materials, product and steam. Telephone and telegraph systems, police and fire communications, and cable television. Water systems. Sanitary and storm sewer systems, nonpotable. Force mains. Reclaimed water lines. @ Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 102 of 166 Pages I - Add the following section: 207-25.2 Detectable Underground Utility Marking Tape shall meet the requirements of each of the following agencylassociation publications. A. Department of Transportation, Materials Transportation Bureau, Off ice of Pipeline Safety. USAS code for pressure piping B31.8, paragraph 192.321 (e). B. National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines. Adopted June 7, 1974. Report NTSB-PSS-73-1. C. American Petroleum Institute (API). Recommended practice for marking buried liquid petroleum pipelines - APR RP 1109. D. General Services Administration, Washington, DC, Public Buildings Service Guide Specification for Mechanical and Electrical Equipment - PBS 4-1 501 , Amendment 2, Page 501 -14, Paragraph 18, Subparagraph 18.1, Clause 18.1 .l. E. Rural Electrification Authority (REA), US. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards. Materials Approvals. - - SECTION 209 - SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS c 209-1 GENERAL 209-1.01 Description. Signals, lighting and electrical systems work shall consist of furnishing and installing, modifying or removing one or more traffic signals, traffic signal master controller assemblies and interconnection facilities, flashing beacon systems, lighting systems, sign illumination systems, traffic monitoring stations, communication systems, electrical equipment in structures, falsework lighting, provisions for future systems, or combinations thereof, all as shown on the plans, and as specified in these special provisions. - - - The locations of signals, beacons, standards, lighting fixtures, signs, controls, services and appurtenances shown on the plans are approximate and the exact locations will be established by the Engineer in the field. All systems shall be complete and in operating condition at the time of acceptance of the contract. 209-1.01 5 Definitions. The following definitions pertain only to Section 209, “Signals, Lighting and Electrical Systems.” Actuation.- The operation of any type of detector. Burn-In Procedure. - The procedure by which each LED signal module is energized for a minimum of 24 hours at operating voltage at a 100% duty cycle, and in an ambient temperature of 60% (1 40QF). Candlepower Values. - Luminous intensity expressed in candelas (cd). Channel.- A discrete information path. Chromaticity (Color). - The color of the light emitted by a signal module, specified as x-y chromaticity coordinates on the chromaticity diagram according to the 1931 Commission lnternationale d’Eclairage standard observer and coordinate system. The measured chromaticity coordinates shall fall within the limits specified in VTCSH Section 8.04 “Limits of Chromaticity Coordinates.” Controller Assembly.- The complete assembly for controlling the operation of a traffic signal or other system, consisting of a controller unit, and all auxiliary equipment housed in a rainproof cabinet. Controller Unit.- That part of the controller assembly which performs the basic timing and logic functions. Detector.- A device for indicating the passage or presence of vehicles or pedestrians. Duty Cycle. - The amount of illuminated on-time a signal module is energized, expressed as a percent of Electro1ier.- The complete assembly of lighting standard, luminaire, ballast and lamp. Flasher.- A device used to open and close signal circuits at a repetitive rate. Flashing Beacon Control Assembly.- A complete electrical mechanism for operating a warning beacon or - - - signal cycle time period. I - intersection control beacon. - Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 103 of 166 Pages - Inductive Loop Vehicle Detector.-A detector capable of being actuated by the change of inductance caused by a vehicle passing over or standing over the loop. Integrating Photometer. - An instrument used in measuring the intensity of light that enables total luminous flux to be determined by a single measurement. LED Light Source. - An individual light emitting diode. LED Signal Module. - A sealed circular ball or arrow that includes the lens and utilizes LED devices as the Lighting Standard.- The pole and mast arm which support the luminaire. Luminaire.- The assembly which houses the light source and controls the light emitted from the light source. Magnetic Vehicle Detector.-A detector capable of being actuated by the induced voltage caused by the passage of a vehicle through the earth’s magnetic field. Magnetometer Vehicle Detector.- A detector capable of being actuated by the magnetic disturbance caused by the passage or presence of a vehicle. vehicular traffic. Minimum Intensity. - In accordance with the values in Table 1 of the existing “Vehicle Traffic Control Signal released from the supplier. Minor Street.- The roadway approach or approaches at an intersection normally carrying the minor volume of vehicular traffic. Plans. - For this Section (Section 209) plans shall include all documents listed in Section 2.5, “Plans and Specifications”, et seq. as well as the “STANDARD PLANS, 1999 edition as promulgated by the State of Power Consumption. - The rms electrical power (watts) consumed by an LED signal module when operated at rated voltage. Pre-timed Controller Assembly.- A controller assembly for operating traffic signals in accordance with a pre-determined cycle length. Rated Initial Intensity. - The light intensity of a new LED signal module, operated at rated voltage, measured after the burn-in procedure with an integrating photometer. (1 17 VAC at 60 Hz). Signal Face.- That part of a signal head provided for controlling traffic in a single direction and consisting of one or more signal sections. Signal Head.- An assembly containing one or more signal faces. Signal Indication.-The illumination of a signal section or other device, or of a combination of sections or other devices at the same time. receptacle and lamp. Sun Phantom. - The effect of an outside light source entering the signal assembly and being returned in such a manner as to present the appearance of the signal assembly being illuminated. Traffic-Actuated Controller Assembly.- A controller assembly for operating traffic signals in accordance with the varying demands of traffic as registered with the controller unit by detectors. Traffic Phase.-The right of way, change and clearance intervals assigned to a traffic movement or combination of movements. - Vehicle.- Any motor vehicle normally licensed for highway use. VTCSH Standard. - The definitions and practices described in “Vehicle Traffic Control Signal Heads” published in the “Equipment and Materials Standards” of the Institute of Transportation Engineers. 209-1.02 Regulations and Code. All electrical equipment shall conform to the standards of the National Electrical Manufacturers Association (NEMA), the Underwriters’ Laboratories Inc. (UL), the Electrical Testing Laboratories (ETL), the National Electrical Testing Association, Inc. (NETA), or the plans, these special provisions, all materials and workmanship shall conform to the requirements of the National Electrical Code current edition, hereinafter referred to as the Code; California Code of Regulations, Title 8, Chapter 4, Subchapter 5, Electrical Safety Orders; Rules for Overhead Electrical Line Construction, General Order No. 95 of the Public Utilities Commission; Standards of the __ - light source. An LED signal module may directly replace an existing traffic signal lamp and lens combination. I Major Street.- The roadway approach or approaches at an intersection normally carrying the major volume of Heads”, hereinafter VTCSH standard, the minimum intensity values below which no LED signal modules will be - - Pedestrian Detector.- A detector, usually of the push button type, capable of being operated by hand. California, Department of Transportation. - - - - Rated Voltage. - The ac rms voltage at which light output performance and power consumption are specified I - Signal Section.- A complete unit for providing a signal indication consisting of a housing, lens, reflector, lamp - - - Electronic Industries Association (EIA), wherever applicable. In addition to the requirements of the - Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 104 of 166 Pages - .__ American Society for Testing and Materials (ASTM); American National Standards Institute (ANSI); and any local ordinances which may apply. Wherever reference is made to any of the standards mentioned above, the reference shall be construed to mean the code, order, or standard that is in effect on the day the Notice to Contractors for the work is dated. - 209-1.03 Equipment List and Drawings. Unless otherwise permitted in writing by the Engineer, the Contractor shall, within 15 days following award of the contract, submit to the Engineer for review a list of equipment and materials which the Contractor proposes to install as specified in Section 2- 5.3, “Shop Drawings and Submittals.” The list shall be complete as to name of manufacturer, size and identifying number of each item. The list shall be supplemented by such other data as may be required, including schematic wiring diagrams and scale drawings of cabinets showing location and spacing of shelves, terminal blocks and equipment, including dimensioning. All of the above data shall be submitted, install as specified in Section 2-5.3, “Shop Drawings and Submittals”, for review. Where electrical equipment is constructed as detailed on the plans, the submission of detailed drawings and diagrams will not be required. - The Contractor shall furnish 5 sets of controller cabinet schematic wiring diagrams made by (1) wet blueprint, white background process using iron-sensitized paper, (2) the offset lithograph process, or (3) the electrostatic process. The diagrams shall show the location of the installation and shall list all equipment installed in each controller cabinet. In addition, for each signal installation, the Contractor shall furnish an intersection sketch showing poles, detectors, field wire connection terminals and phasing as shown on the plans. All schematic wiring diagrams of the controller units and auxiliary equipment, all cabinet diagrams, and all operation manuals shall be submitted at the time the controller assemblies are delivered for testing. The schematic wiring diagram shall show in detail all circuits and parts. All parts shown thereon shall be identified by name or number and in such manner as to be readily interpreted. All diagrams, plans and drawings shall be prepared using graphic symbols shown in ANSI publication Y32.2, entitled “IEEE Standard and American National Standard Graphic Symbols for Electrical and Electronic Diagrams.” - L - c 209-1.04 Warranties, Guaranties and Instruction Sheets. Manufacturers’ warranties and guaranties furnished for materials used in the work and instruction sheets and parts lists supplied with materials shall be delivered to the Engineer prior to acceptance of the project. 209-1.05 Maintaining Existing and Temporary Electrical Systems. Existing electrical systems (traffic signal, street lighting, flashing beacon, traffic monitoring, sign illumination and other facilities), or approved temporary replacements thereof, shall be kept in effective operation for the benefit of the traveling public during the progress of the work, except when shutdown is permitted, to allow for alterations or final removal of the systems. The traffic signal shutdowns shall be limited to normal working hours. Lighting system shutdowns shall not interfere with the regular lighting schedule, unless otherwise permitted by the Engineer. The Contractor shall notify the Engineer prior to performing any work on existing systems. The Contractor shall notify the local traffic enforcement agency prior to any operational shutdown of a traffic signal. The Contractor shall ascertain the exact location and depth of existing detectors, conduits, pull boxes and other electrical facilities before using any tools or equipment that may damage those facilities or interfere with any electrical system. Where damage is caused by the Contractor’s operations, the Contractor shall, at the Contractor’s expense, repair or replace damaged facilities promptly in accordance with these specifications. If any existing loop conductor, including the portion leading to the detector hand hole or termination pull box, is damaged by the Contractor’s operations, the Contractor shall immediately notify the Engineer. The affected detectors shall be replaced at the Contractor’s expense and as directed by the Engineer within 24 hours. If the Contractor fails to complete the repairs within this period, the repairs will be made by Agency forces at the Contractor’s expense. Should the Contractor fail to perform the required repairs or replacements, the cost of performing the repairs or replacements will be deducted from any moneys due or to become due the Contractor. * em tS Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 105 of 166 Pages Where roadways are to remain open to traffic and existing lighting systems are to be modified, the lighting systems shall remain in operation and the final connection to the modified circuit shall be made so that the modified circuit will be in operation by nightfall of the same day. Temporary electrical installations shall be kept in effective operation until the temporary installations are no longer required for the traveling public. Removal of temporary installations shall conform to the provisions in Section 209-7, “Removing, Reinstalling or Salvaging Electrical Equipment.” These provisions will not relieve the Contractor in any manner of the Contractor’s responsibilities as provided in Sections 4-1 .l, ”General” and 4-1.2, “Protection of Work and Materials.’’ During traffic signal system shutdown the Contractor shall place ‘STOP AHEAD” and “STOP signs to direct vehicle and pedestrian traffic through the intersection. All signal faces shall be covered when the system is shut down overnight. Temporary “STOP AHEAD’’ and “STOP signs shall be either covered or removed when the system is turned on. “STOP AHEAD” and “STOP” signs shall be furnished by the Contractor and shall conform to the provisions in Section 7-10.3, “Street Closures, Detours, Barricades.” Minimum size of “STOP” signs shall be 750 mm (30”). One “STOP AHEAD” sign and one “STOP” sign shall be placed for each direction of traffic. For two, or more, lane approaches, two “STOP” signs shall be placed for each direction of traffic. Location of the signs shall be as directed by the Engineer. 209-1.06 Scheduling of Work. No above ground work, except service equipment, shall be performed until the Contractor has all materials on hand to complete that particular signal location or lighting circuit. Work shall be so scheduled that each traffic signal, lighting and sign illumination system shall be completed and ready for operation prior to opening the corresponding section of the roadway to traffic. Traffic signals shall not be placed in operation for use by public traffic without the written approval of the Engineer. The Contractor shall obtain the written approval of the Engineer no less than three days prior to placing any traffic signal in operation. Traffic signals shall not be placed in operation for use by public traffic without the energizing of street lighting at the intersection to be controlled if street lighting exists or is being installed in conjunction with the traffic signals. Traffic signals shall not be placed in operation until the roadways to be controlled are open to public traffic, unless otherwise directed by the Engineer. Lighting and traffic signals shall not be placed in operation, including flashing operation, prior to commencement of the functional test period specified in Section 209-2.1 4, “Testing,” unless ordered otherwise by the Engineer. Conductors shall not be pulled into conduit until pull boxes are set to grade, crushed rock sumps installed, mortar placed around conduit, concrete bottom of pull boxes placed, and metallic conduit bonded. The initial turn-on shall be made only between the hours of 9:00 a.m. and 2:OO p.m. and Tuesday through Thursday unless otherwise approved, in writing, by the Engineer. Prior to turn-on, all equipment as shown on the plans shall be installed and operable including pedestrian signals, pedestrian push buttons, vehicle detectors, lighting, signs and pavement delineation. All louvers, visors, and signal faces shall be directed to provide maximum visibility. Functional tests shall start on any working day except Friday, or the day preceding a legal holiday. 209-1.07 Safety Precautions. Attention is directed to Section 7-1 0.4.1, “Safety Orders.” Before starting work on existing series street lighting circuits, the Contractor shall obtain daily a safety circuit clearance from the serving utility. By-pass switch plugs shall be pulled and “Men at Work“ signs posted at switch boxes before any work is done. _- a Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 106 of 166 Pages - I 209-2 MATERIALS AND INSTALLATION 209-2.01 Excavating and Backfilling. The excavations required for the installation of conduit, foundations, and other appurtenances shall be performed in such a manner as to avoid any unnecessary damage to streets, sidewalks, landscaping, and other improvements. The trenches shall not be excavated wider than necessary for the proper installation of the electrical appurtenances and foundations. Excavation shall not be performed until immediately before installation of conduit and other appurtenances. The material from the excavation shall be placed in a position that will not cause damage or obstruction to vehicular and pedestrian traffic nor interfere with surface drainage. - - Unless otherwise permitted in writing by the Engineer, all surplus excavated material shall be removed and disposed of, within 48 hours, outside the public right of way in accordance with the provisions in Sections 7-8.1, “Cleanup and Dust Control”, 300-1.3, “Removal and Disposal of Materials” and 302-6, “Surplus Material”, depending on the origin and nature of the materials to be removed and disposed. The excavations shall be backfilled in conformance with the provisions in Sections 300-3.5, “Structure Backfill” or 306-1.3, “Backfill and Densification,” depending on the nature of the structure or conduit that the excavation being backfilled accommodates. Excavations after backfilling shall be kept well filled and maintained in a smooth and well-drained condition until permanent repairs are made. All excavations shall be filled, and sidewalks, pavement, and landscaping restored at each intersection prior to excavating at any other intersection, unless otherwise permitted by the Engineer. Excavations in the street or highway shall be performed in such a manner that not more than one traffic lane is restricted at any time, unless otherwise approved by the Engineer. - - 209-2.02 Removing and Replacing Improvements. In addition to the requirements of sections 7-9, “Protection and Restoration of Existing Improvements” and 306-1.5, “Trench Resurfacing” Improvements such as sidewalks, curbs, gutters, portland cement concrete and asphalt concrete pavement, underlying material, lawns and plants, and any other improvements removed, broken or damaged by the Contractor’s operations, shall be replaced or reconstructed with the same kind of material as found on the work or with materials of equal quality. The new work shall be left in a serviceable condition. Whenever a part of a square or slab of existing concrete sidewalk, curb, gutter, or driveway is broken or damaged, the entire square, section or slab shall be removed and the concrete reconstructed as above specified. The outline of all areas to be removed in portland cement concrete sidewalks and driveways and in pavements shall be cut to a minimum depth of 50 mm (2”) with an abrasive type saw prior to removing the sidewalk, driveways and pavement material. Cuts shall be neat and true along score lines, with no shatter outside the removal area. 209-2.03 Foundations. Portland cement materials and construction methods shall conform to Section 201, “Concrete, Mortar and Related concrete Materials,” for Materials and Section 303, “Concrete and Masonry Construction,” for construction methods. Concrete foundations shall rest on firm ground. Except when located on structures, foundations for posts, standards, and pedestals, not shown on the plans to have mortar pads, shall be placed “in the solid” and monolithic except for the top 50 mm (2) which shall be placed after the post, standard or pedestal is in proper position. After each post, standard, or pedestal on structures, and each standard shown on the plans to have mortar pads, is in proper position, mortar shall be placed under the base plate as shown on the plans. The exposed portions shall be formed to present a neat appearance. Mortar shall consist of one part by volume of portland cement and 3 parts of clean sand, shall contain only sufficient moisture to permit packing and shall be cured by keeping it damp for 3 days. - - - 7 c Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 107 of 166 Pages - Reinforced cast-in-drilled-hole concrete pile foundations for traffic signal and lighting standards shall conform to the provisions in Section 205-3.3, “Cast-in-Place Concrete Piles,” except that material Backfilling.” The exposed portions of the foundation shall be formed to present a neat appearance. - resulting from drilling holes shall be disposed of as provided in Section 209-2.01, “Excavating and - - Forms shall be true to line and grade. Tops of foundations for posts and standards, except special foundations, shall be finished to curb or sidewalk grade or as directed by the Engineer. Forms shall be rigid and securely braced in place. Conduit ends and anchor bolts shall be placed in proper position and to proper height, and shall be held in place by means of a template until the concrete sets. - Anchor bars or studs and nuts, except for Type 30 and Type 31 lighting standards, shall conform to of ASTM Designation: A 307, Grade B with S1 supplementary requirements. At the option of the Contractor, nonheaded anchor bolts for foundations shall conform either to the specifications of or 55 with S1 supplementary requirements. When nonheaded anchor bolts conforming to the specifications of ASTM Designation: A 307, Grade C are furnished, the end of each fabricated anchor bolt shall be either coded by end stamping as required in ASTM Designation: A 307 or the end that projects from the concrete shall be permanently coded with a green color by the manufacturer. High strength anchor bolts, bars, or studs for Type 30 and Type 31 lighting standards shall conform to ASTM Designation: A 325, A 325M or A 449 and shall comply with the mechanical strength anchor bolts shall conform to ASTM Designations: A 563 or A 563M, and F 476 or F 476M, respectively. In addition to the requirements of ASTM Designation: A 449, studs shall be marked on provisions in Section 21 0-3.6, “Galvanizing for Traffic Signal Facilities.” ASTM Designation: A 307. Headed anchor bolts for foundations shall conform to the specifications ASTM Designation: A 307, Grade C or to the provisions in AASHTO Designation: M 314, Grade 36 I - - requirements of ASTM Designation: A 325 or A 325M after galvanizing. Nuts and washers for high either end as required for bolt heads. All steel parts shall be galvanized in accordance with the - - - The upper threaded portion of all anchor bolts shall be provided with 2 nuts and 2 washers each. - Anchor bars or studs shall be provided with 3 nuts and washers each. Welding shall not be performed on any portion of the body of high-strength anchor bolts, anchor bars, or studs. Plumbing of the standards shall be accomplished by adjusting the leveling nuts before placing mortar or before the foundation is finished to final grade. Shims, or other similar devices shall not be used for plumbing or raking of posts, standards or pedestals. - Both forms and ground which will be in contact with the concrete shall be thoroughly moistened before placing concrete. Forms shall not be removed until the concrete has thoroughly set. Ordinary surface finish, as specified in Section 303-1.9.2, “Ordinary Surface Finish,” shall be applied to exposed surfaces of concrete. Where obstructions prevent the construction of a planned foundation, the Contractor shall construct an effective foundation as directed by the Engineer. The foundations shown on the plans shall be extended if conditions require additional depth, and the additional work, if ordered by the Engineer, will be paid for as extra work as provided in Section 3-2, “Changes Initiated By The Agency.” - Unless otherwise specified or shown on the plans, foundations not to be reused shall be removed. The resulting hole shall be backfilled with material equivalent to the surrounding material. Unless otherwise shown on the plans, all standards to be relocated shall be provided with new foundations and anchor bolts of the proper type and size. Posts, poles, standards, pedestals, and cabinets shall not be erected until the foundation has set at least 7 days, and shall be plumbed or raked, as directed by the Engineer. In unpaved areas, a 1 .O m (3‘) square, 100 mm (4“) thick or of the size shown on the plans, whichever is the larger, raised pad of portland cement concrete shall be placed in front of each controller cabinet. - - - Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 108 of 166 Pages - - 209-2.04 Standards, Steel Pedestals and Posts. Standards for traffic signals and lighting, and steel pedestals for cabinets and other similar equipment shall be located as shown on the plans. Workmanship and finish shall be equal to the best general practice of metal fabrication shops. All welding shall conform to AWS D1.1, “Structural Welding Code,” and to the requirements in this Section 209-2.04. All welds joining the shafts of the standards and mast arms to their base plates shall be as shown on the plans, however, alternative weld joint details may be approved by the Engineer. Approval of alternative weld joint details will be contingent upon the proposed weld joint passing both weld procedure and nondestructive testing as deemed necessary by the Engineer. All costs of the supplemental testing shall be borne by the Contractor. - - All standards except Type 1, and all signal mast arms, shall have an aluminum identification plate, as noted on the plans, attached with stainless steel rivets or screws. Type 1 standards and steel pedestals for controller cabinets shall be constructed of 3 mm (.125“) or thicker galvanized steel: or 100 mm (4“) standard weight galvanized, steel pipe or Size 103, Type 1 conduit, with the top designed for post-top slip-fitter. Standard weight galvanized, steel pipe shall conform to the specifications of ASTM Designation: A 53. Materials and construction methods for all ferrous metal parts of standards, with shaft length of 4.6 m (15‘) and longer, shall conform to the details shown on the plans, the requirements of Sections 206, “Miscellaneous Metal Items,” for Materials and Section 304, “Metals Fabrication and Construction,’’ for construction methods except as otherwise noted, and - the following requirements: 1) Except as otherwise specified, standards shall be fabricated from sheet steel of weldable grade having a minimum yield strength, after fabrication, of 276 Mpa (40,000 psi). Certified test reports which verify conformance to the minimum yield strength requirements shall be submitted to the Engineer. The test reports may be the mill test reports for the as-received steel or, when the as-received steel has a lower yield strength than required, the Contractor shall provide supportive test data which provides assurance that the Contractor’s method of cold forming will consistently increase the tensile properties of the steel to meet the specified minimum yield strength. The supportive test data shall include tensile properties of the steel both before and after cold forming for specific heats and thicknesses. 2) When a single-ply 8 mm (0.3125“) thick pole is specified, a 2-ply pole with equivalent section modulus may be substituted. Standards may be fabricated of full-length sheets or shorter sections. Each section shall be fabricated from not more than 2 pieces of sheet steel. Where 2 pieces are used, the longitudinal welded seams shall be directly opposite one another. When the sections are butt-welded together, the longitudinal welded seams on adjacent sections shall be placed to form continuous straight seams from base to top of standard. 3) Butt-welded transverse joints shall be strengthened by inserting a metal sleeve at each joint. The sleeve shall be 3 mm (0.120“) nominal thickness, or thicker, steel having the same chemical composition as the steel in the standard. When the sections to be joined have different specified minimum yield strengths, the steel in the sleeve shall have the same chemical composition as the higher minimum yield strength steel to be joined. The metal sleeve shall have a minimum length of 25 mm. The sleeve shall be centered at the joint and have the same taper as the standard with the outside of the sleeve in full contact with the inside of the standard throughout the sleeve length and circumference. All welds shall be continuous. The weld metal at the transverse joint shall extend to the sleeve, making the sleeve an integral part of the joint. Longitudinal welds in steel tubular sections will be tested in accordance with California Test 664. The sampling frequency shall be as determined by the Engineer. The welds may be made by the electric resistance welding process. All exposed welds, except fillet and fatigue resistant welds and welds on top of mast arms, shall be ground flush with the base metal. 4) All exposed edges of the plates which make up the base assembly shall be finished smooth and all exposed corners of the plates shall be neatly rounded unless otherwise shown on the plans. e Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 109 of 166 Pages - 5) Shafts shall be provided with slip-fitter shaft caps. Standards shall be straight, with a permissive variation not to exceed 25 mm (1“) measured at the midpoint of a 9 m (30’) or 11 m (36’) standard and not to exceed 20 mm (3/qlo measured at the midpoint of a 5 m (17’) through 6 m (20’) standard. Variation shall not exceed 25 mm (1“) at a point 4.5 m (15‘) above the base plate for Type 35 and Type 36 standards. 6) All galvanized nuts, used on assemblies with a specified preload or torque, shall be lubricated in accordance with the requirements specified for galvanized Grade DH nuts in ASTM Designation: A 563 or A 563M. 7) Standards with an outside diameter of 300 mm (12“) or less shall be round. Standards with an outside diameter greater than 300 mm (12“) shall be round or multisided. Multisided standards shall have a minimum of 10 sides which shall be convex and shall have a minimum bend radius of 100 mm (4”). 8) Mast arms for standards, shall be fabricated from material as specified for standards and shall conform to the dimensions shown on the plans. 9) The cast steel option for slip bases shall be fabricated from material conforming to the requirements of ASTM Designation: A 27/A 27M, Grade 70-40. Other comparable material may be used if written permission is given by the Engineer. The casting tolerances shall be in accordance with the Steel Founder’s Society of America recommendations (green sand molding). One casting from each lot of 50 castings or less shall be subject to radiographic inspection, in accordance with severity level 3 or better for all types and categories of discontinuities as specified in ASTM Designations: E 186 and E 446. If the one casting fails to pass the inspection, 2 additional castings rejected. Material certifications consisting of physical and chemical properties, and radiographic films of the castings shall be filed at the manufacturer’s office. These certifications and films shall be 1O)High-strength bolts, nuts and flat washers used to connect slip base plates shall conform to ASTM Designation: A 325 or A 325M and shall be galvanized as specified in Section 21 0-3.6, “Galvanizing for Traffic Signal Facilities.” 11) Plate washers shall be fabricated by saw cutting and drilling steel plate conforming to AIS1 Designation: 101 8, and be galvanized as specified in Section 21 0-3.6, “Galvanizing for Traffic Signal Facilities.” sufficiently on each side to allow the bolt head to make full contact with the washer without tension on the bolt. to ASTM Designation: A 325, A 325M or ASTM Designation: A 449 and shall comply with the me- chanical requirements of ASTM Designation: A 325 or A 325M after galvanizing. The cap screws The threads of the cap screws shall be coated with a lubricant which is clean and dry to the touch. 14) The galvanized faying surfaces of the connections between signal or lighting mast arms and poles shall be free of surface imperfections, such as lumps, runs, and scum, which would prevent intimate, uniform contact between the faying surfaces. 15) Handholes in the base of standards shall conform to the details shown on the plans. All handholes shall be provided with covers. stability are maintained. Fabricators electing to use larger than minimum arm diameters shall adjust the details as required to permit solid seating of the cap screws. All arms shall be bent to the - - - - - - the provisions in ASTM Designation: The castings shall comply with the acceptance criteria shall be radiographed. Both of these castings shall pass the inspection or the entire lot of 50 will be available for inspection upon request. E 94. - - I - - 12) Prior to galvanizing, all burrs and sharp edges shall be removed and holes shall be chamfered 13) High-strength cap screws shown on the plans for attaching mast arms to standards shall conform shall be galvanized as specified in Section 21 0-3.6, “Galvanizing for Traffic Signal Facilities.” - - - - 16) Changes in configuration of mast arms will be permitled, provided the mounting height and approximate configuration shown on the plans. A smooth curving arm is required. - - a Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 1 10 of 166 Pages I 17) Pedestrian push button posts shall be constructed of 65 mm (2 I/;) standard pipe conforming to the dimensions shown on the plans. Guard posts shall be constructed of 100 mm (4“) nominal dimension galvanized standard pipe 1.7 m (66”) long. Posts shall be set 900 mm (3’) in a block of portland cement concrete, as shown on the plans, and the pipe shall be filled with portland cement concrete. Push button posts and guard posts shall be pipe conforming to the specifications of ASTM 18) Slip bases shall be assembled and tightened when the pole is on the ground prior to erection. The threads of the heavy hex nuts for the slip base bolts shall be coated with an additional lubricant which is clean and dry to the touch. Each high strength slip base bolt shall be tightened to within 10 N-m (10 foot-pounds), plus or minus, of values in Table 209-2.04(A): - - Designation: A 53. TABLE 209-2.04 (A) HIGH STRENGTH SLIP BASE BOLT TORQUE VALUES Standard Type Torque (Newton-meters) Torque Foot- Pounds 15-SB 200 150 ~ 30 I 200 I 150 31 275 200 36-20A I 225 I 165 209-2.05 Conduit. All conductors shall be run in conduit, except overhead and temporary installations, and where conductors are run inside poles. Conduit shall be of the sizes shown on the plans and as specified in this Section 209-2.05. In addition, the Contractor may, as an option at the Contractor’s expense, use conduit of a larger size than that shown or specified, provided the larger size is used for the entire length of the run from outlet to outlet. Reducing couplings will not be permitted. New conduit shall not pass through foundations for standards. - - - 209-2.0544 Material. Conduit and conduit fittings shall be UL or ETL listed and shall conform to the following: Type 1. Hot-dip galvanized rigid steel conduit conforming to the requirements in UL Publication UL 6 for Rigid Metallic Conduit. The zinc coating will be tested in accordance with ASTM Designation: A 239. 2) Type 2. Hot-dip galvanized rigid steel conduit conforming to Type 1 above and coated with polyvinyl chloride or polyethylene. The exterior thermoplastic coating shall have a minimum thickness of 0.9 mm (35 mils). 3) Type 3. Rigid non-metallic conduit conforming to the requirements in the UL Standard for Rigid Non-Metallic Conduit (Publication UL 651). Type 3 conduit shall be installed at all underground locations. 4) Type 4. Liquid tight flexible metal conduit shall consist of conduit with a liquid tight, non-metallic, sunlight-resistant jacket over an inner flexible metal core. Type 4 conduit shall be UL listed for use as the grounding conductor. 5) Type 5. Intermediate steel conduit (IMC) conforming to the requirements in UL Publication 1242 for Intermediate Metallic Conduit. Type 5 conduit shall only be used when specified. Bonding bushings to be installed on metal conduit shall be insulated and shall be the galvanized or zinc alloy type. All conduit installed underground shall be Type 3, rigid non-metallic conduit. Type 3 conduit shall be installed at underground locations only. @ Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 11 1 of 166 Pages 209-2.058 Use. Exposed conduit installed on a painted structure shall be painted the same color as the structure. Unless otherwise indicated, the minimum metric trade size of conduit shall be: 1) From an electrolier to the adjacent pull box shall be Size 41 (1‘/2)1 dia). 2) From a pedestrian push button post to the adjacent pull box shall be Size 27 (1” dia). 3) From a signal standard to the adjacent pull box shall be Size 53 (2” dia). 4) From a controller cabinet to the adjacent pull box shall be Size 78 (3 dia). 5) For detector runs shall be Size 41 (1‘/2)1 dia . 6) Not otherwise specified shall be Size 41 (1 /2)) dia). l) 209-2.05C Installation. Conduit shall be installed in conformance with the codes and regulations listed in Section 209-1.02, “Regulations and Code.” Conduit runs shown on the plans may be changed to avoid underground obstructions with written approval by the Engineer. The ends of all conduits, whether shop or field cut, shall be reamed to remove burrs and rough edges. Cuts shall be made square and true. Slip joints or running threads will not be permitted for coupling conduit. When a standard coupling cannot be used for coupling metal type conduit, a UL or ETL listed threaded union coupling shall be used. All couplings for metal type conduit shall be tightened to provide a good electrical connection throughout the entire length of the conduit run. Conduit shall be tightened into couplings or fittings using strap wrenches or approved groove joint pliers. Conduit threads and damaged surfaces on metal conduit shall be painted with 2 applications of approved unthinned zinc-rich primer (organic vehicle type) conforming to the requirements in Section 21 0-3.6, “Galvanizing for Traffic Signal Facilities.” Aerosol cans shall not be used. The ends of conduit shall be threaded and shall be capped with standard pipe caps or “pennies” to protect the raceway against dirt and concrete until wiring is started. When caps or “pennies” are removed, the ends of conduit and conduit fittings shall be provided with conduit bushings. Conduit terminating in pull boxes or foundations shall be provided with insulated bonding bushings Conduit bends, except factory bends, shall have a radius of not less than 6 times the inside diameter of the conduit. Where factory bends are not used, conduit shall be bent, without crimping or flattening, using the longest radius practicable. A No. 12 copper pull wire or a pull rope shall be installed in all conduits which are to receive future conductors. The pull rope shall be nylon or polypropylene with a minimum tensile strength of 2225 N (500 pounds). At least 0.6 m (2’) of pull wire or rope shall be doubled back into the conduit at each termination. Existing underground conduit to be incorporated into a new system shall be cleaned with a mandrel or cylindrical wire brush and blown out with compressed air. Conduit shall be laid to a depth of not less than 460 mm (18“) below grade in portland cement concrete sidewalk areas and curbed paved median areas, and not less than 750 mm (30“) below finished grade in all other areas. Conduit may be laid on top of the existing pavement within new curbed medians being constructed on top of the existing pavement. Conduit couplings shall be located at least 150 mm (6“) from face of foundation. 209-2.06 Pull Boxes. Pull boxes shall be installed at the locations shown on the plans or as specified. The Contractor may, as an option, at the Contractor’s expense, use pull boxes of a larger standard size than that shown or specified. 209-2.06A Materials. Pull boxes, covers and extensions for installation in the ground or in sidewalk areas shall be of the sizes and details shown on the plans and shall be precast of reinforced portland cement concrete (PCC). I - @ Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 112 of 166 Pages Covers shall be secured with 9 mm (3/<) bolts, cap screws, or studs, and nuts which shall be of brass, stainless steel or other non-corroding metal material. Stainless steel holddown bolts, cap screws or studs, and nuts and washers shall have a chromium content of not less than 18 percent and a nickel content of not less than 8 percent. All ferrous metal parts shall be galvanized in accordance with the provisions in Section 210-3.6, “Galvanizing for Traffic Signal Facilities.” 209-2.068 Cover Marking. Covers for pull boxes, except covers for ceiling pull boxes, shall be marked as shown on the plans. Marking shall be clearly defined and uniform in depth and may be placed parallel to either the long or short sides of the cover. Marking letters shall be between 25 mm (1“) and 75 mm (3) high. Marking shall be applied to each steel or cast iron cover prior to galvanizing by one of the following methods: (a) Cast iron strips, at least 6 mm (’//) thick, with the letters raised a minimum of 1.5 mm (l/l<). Strips shall be fastened to covers with 6 mm (’//) flathead stainless steel machine bolts and nuts. Bolts shall be peened after tightening. (b) Sheet steel strips at least 0.7 mm (22 sa.) with the letters raised a minimum of 1.5 mm (1/16(o above the surrounding surface of the strips. Strips shall be fastened to covers by spot welding, tack welding or brazing, with 6 mm (l/$) stainless steel rivets, or with 6 mm (’//) roundhead stainless steel machine bolts and nuts. Bolts shall be peened after tightening. (c) Bead welding the letters on the covers. The letters shall be raised at least 2 mm (3/3211). 209-2.06C Installation and Use. Pull boxes shall be installed at the locations shown on the plans and, in conduit runs exceeding 60 m(200’), shall be spaced at not over 60 m (200‘) intervals. The Contractor may, at the Contractor’s expense, install additional pull boxes to facilitate the work. The bottoms of pull boxes installed in the ground or in sidewalk areas, shall be bedded in crushed rock as shown on the plans. 209-2.08 Conductors. Conductors shall be copper of the gage shown on the plans, unless specified otherwise. Copper wire shall conform to the specifications of ASTM Designations: B 3 and B 8. Wire sizes, other than conductors used in loop detector lead-in cable, shall be based on American Wire Gage (AWG), except that conductor diameter shall be not less than 98 percent of the specified AWG diameter. Conductors for branch circuits shall be sized to prevent a voltage drop exceeding 3 percent at the furthest connected load, while drawing the combination of all connected loads capable of simultaneous operation. The maximum voltage drop for both feeders and branch circuits shall not exceed 5 percent at the furthest connected load, while drawing the combination of all connected loads capable of simultaneous operation. Conductors used in loop detector lead-in cable shall conform to the specifications of ASTM Designation: B 286.A Certificate of Compliance conforming to the provisions in Section 4-1 5, “Certification,” shall be submitted by the manufacturer with each type of cable to be used on a project. 209-2.08A Conductor Identification. All single conductors in cables, except detector lead-in cables, shall have clear, distinctive and permanent markings on the outer surface throughout the entire length showing the manufacturer’s name or trademark, insulation type letter designation, conductor size, voltage rating and the number of conductors if a cable. Conductor insulation shall be of a solid color or of basic colors with a permanent colored stripe as detailed in the following table unless otherwise specified. Solid or basic colors shall be homogeneous through the full depth of insulation. Identification stripes shall be continuous over the entire length of the conductor. For conductor sizes No. 2 and larger, the insulation may be black and the ends of the conductors shall be taped with electrical insulating tape of the required color for a minimum of 500 mm (20”). All single conductors in cables shall be marked as shown in Table 209-2.08A (A): - Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 1 13 of 166 Pages TABLE 2a CONDl .- 1p,5p ................ 3p,7p ................ P-2,P-6 ............. P-4,P-8 ............. P-1 ,P-5 ............. P-3,P-7 ............. CON-1 .............. CON-2 .............. No band requirec No band requirec No band requirec .................. ML1 MU c1 .................. .................... Signal Phase or Function I Circuit 14 14 14 14 14 14 6 6 14 14 14 10 10 14 ,6 .................................... ,8 .................................... ,5 .................................... ,7 .................................... c Vehicle Signals (Note 4) "" Control Multiple Service Sign Lighting (Note 8) Flashing Beacons (Note 7) Grounded & Common Interconnect ................................ Pedestrian Signals ................................ (Note 4) ................................ Buttons ................................ (Note 4) ................................ Plotoelectric Unit (PEU) Switching leg from PEU unit or SM transformer .......... Jngrounded-Line 1 (Signals) Jngrounded-Line 2 (Lighting) Jngrounded-Line 1 ........... Jngrounded-Line 2 ........... Jngrounded between Flasher and Beacons ................. 'edestrian Push Buttons .. Signals & Multiple Lighting 'lashing Beacons & Sign Lighting Jghting Control ................ Multiple Service ................ Zommon ........................... =lash ................................. Dial 2 ................................ Jial 3 ................................ pp,7p ................................ Traffic Signal ngrounded between Service Controller Cabinet witch & Cabinet .............. Highway Lighting Jngrounded-Line 1 ........... Pull Box to Jngrounded-Line 2 ........... Luminaire (Note 9) 3rounded .......................... Multiple Highway Jngrounded-Line 1 ........... Lighting Jngrounded-Line 2 ........... Liahtina Jnarounded to pp,7p ................................ Traffic Signal ngrounded between Service Controller Cabinet witch & Cabinet .............. Highway Lighting Jngrounded-Line 1 ........... Pull Box to Jngrounded-Line 2 ........... Luminaire (Note 9) 3rounded .......................... Multiple Highway Jngrounded-Line 1 ........... Lighting Jngrounded-Line 2 ........... Liahtina Jnarounded to Pffset ................................ Railroad Pre-Emption ...I Spares .......................... 1 Notes: :TORS' ' Identification Insulation Colors I -2.08A (A) :TORS Identification Insulation Colors I Base Red, Yellow, Brown Red, Yellow, Brown Red, Yellow, Brown Red, Yellow, Brown Red, Brown Red, Brown Red, Brown Red, Brown Blue Blue Blue Black Red Black Red (Note 10) Black Red Red or Yellow White White White White White White Orange Orange Orange Orange Black Black Stripe (Note 1) Black Orange None Purple Black Orange None Purple Black Orange None Purple None None None None None None None None None None None None None None Black None None None None None None None None None None None - - (Note 6) Size l(Note 11) 2,6 .................... I 14 4,8 ................... 14 1,5 ................... 14 3,7 .................... 14 I Except per Note I 8 SL-1 ................. I 10 SL-2 ................. No band require No band require c-3 ........................ I-F ..................... I-D2 .................. I-D3 .................. 10 14 14 10 12 14 14 14 14 14 14 1-0 .......... ..... R - 1. On overlaps, insulation is striped for first phase in designation, for example, a phase (2+3) conductor is striped as for phase 2. 2. Band for overlap and special phases as required. 3. Flashing beacons having separate service do not require banding. 4. These requirements do not apply to signal cable. 5. "S" if circuit is switched on line side of service equipment by utility. 6. Band conductors in each pull box and near ends of termination points. On signal light circuits, a single band may be placed around 2 or 3 ungrounded conductors comprising a phase. 7. Ungrounded conductors between service switch and flasher mechanism shall be black and banded as indicated in this column. 8. Conductors between ballasts and sign lighting lamps shall be No. 16 and color shall correspond to that of the ballast leads. 9. 10. Black acceptable for size No. 2 and larger. Tape ends for 500 mm (20") with indicated color. - - Both conductors between external H.I.D. ballast and lamp socket shall be black. - 11. Wire sizes listed are minimums. Ampacity requirements of specific circuits or voltage drop may necessitate larger I conductors. @ Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 1 14 of 166 Pages 209-2.08B Multiple Circuit Conductors. Conductors for multiple circuits shall be UL or ETL listed and rated for 600-volt operation. The insulation for No. 14 through No. 4 conductors shall be one of the following: 1) Type TW polyvinyl chloride conforming to the requirements of ASTM Designation: D 221 9. 2) Type THW polyvinyl chloride. 3) Type USE, Type RHH or Type RHW cross-linked polyethylene. At any point, the minimum thickness of any Type TW, THW, USE, RHH or RHW insulation shall be 1 .O mm (40 mils) for conductor sizes No. 14 to No. 10, inclusive, and 1.3 mm (54 mils) for No. 8 to No. 2, inclusive. The insulation for No. 2 and larger conductors shall be one of the types listed above or shall be Type THWN. Conductors for wiring wall luminaires shall be stranded copper, with insulation rated for use at temperatures up to 125°C. Overhead lighting conductors shall be No. 8, or larger, medium hard drawn copper with weatherproof covering. 209-2.086 Series Circuit Conductors. Conductors for series circuits shall be No. 8, shall be rated for 5000-volt operation and shall be insulated with 3.7 mm (150 mils) minimum thickness polyvinyl chloride compound conforming to the specifications of ASTM Designation: D 221 9, or polyethylene conforming to the specifications of ASTM Designation: D 1351. 209-2.09 Wiring. All conductors shall be run in conduit, except overhead and temporary installations and where conductors are run inside poles. Wiring shall be done in conformance with the regulations and code listed in Section 209-1.02, “Regulations and Code,” and the following additional requirements: 209-2.09A Circuitry. Sufficient traffic signal light conductors shall be provided to perform the functional operation of the signal and, in addition thereto, 3 spare conductors shall be provided in all conduits containing traffic signal light conductors, unless shown otherwise on the plans. Traffic signal light conductors shall not run to a terminal block on a standard unless they are to be connected to a signal head that is mounted thereon. Connection to each terminal of a pedestrian push button shall be by a single conductor. The common for pedestrian push button circuits shall be separate from the traffic signal light circuit grounded conductors. Where ballasts or transformers are used, series conductors shall be run from ballast to ballast, transformer to transformer, and from bal- last or transformer to service. 209-2.098 Installation. A UL or ETL listed inert lubricant shall be used in placing conductors in conduit. Conductors shall be pulled into conduit by hand and the use of winches or other power actuated pulling equipment will not be permitted. All conductors shall be Dulled directlv from the s~ool into the conduit and shall not be draaaed on the around as to cause damage to the conductors. When new conductors are to be added to existing conductors in a conduit, all conductors shall be removed; the conduit shall be cleaned as provided in Section 209-2.05C, “Installation”; and both old and new conductors shall be pulled into the conduit as a unit. Where traffic signal light conductors are run in lighting standards containing street lighting conductors from a different service point, either the traffic signal light conductors or the lighting conductors shall be encased in flexible or rigid metal conduit, to a point where the 2 types of conductors are no longer in the same raceway. Temporary conductors less than 3 m (10‘) above grade shall be enclosed in flexible or rigid metal conduit. At least 0.3 rn (1 I) of slack shall be left for each conductor at each signal or lighting standard, or combined standard, and at least one meter (3‘) of slack at each pull box. At least one meter (3’) of slack shall be left for each conductor at each splice. Ends of spare conductors or conductors terminated in pull boxes shall be taped to provide a watertight seal. x c Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 1 15 of 166 Pages Conductors within fixtures or service cabinets shall be neatly arranged and shall be cabled together with self-clinching nylon cable ties, or other method approved by the Engineer. Traffic signal light conductors, interconnect conductors, service conductors, detector conductors and cables in controller cabinets and flashing beacon cabinets shall be neatly arranged, and shall be cabled together with self-clinching nylon cable ties, or enclosed in plastic tubing or raceway. Conductor identification shall be provided under the following conditions: 1) Where signal phase or circuit are not clearly indicated by conductor insulation color and stripe as detailed in the conductor table in Section 209-2.08, “Conductors,” or when identification stripes are not available, marking shall be as detailed in the conductor table for special and overlap phases. Where metered and unmetered conductors occupy the same pull box, the unmetered circuit conductors shall be identified, “UNMETERED-STREET LTG,” “UNMETERED-COUNT STATION,” or as appropriate to describe the unmetered circuit. Conductors shall be permanently identified as to function. Identification shall be placed on each conductor, or each group of conductors comprising a signal phase, in each pull box and near the end of terminated conductors. Identification shall be by direct labeling, tags or bands fastened to the conductors in such a manner that they will not move along the conductors. Labeling shall be by mechanical methods. 209-2.09C Connectors and Terminals. Conductors shall be joined by the use of UL or ETL listed crimp type connectors as shown on the plans. Connectors and terminals shall be applied with the proper type tool as recommended by the manufacturer of the connector or terminal being used. Finished connections and terminals shall comply with the requirements of Military Specification MIL- T-7928. All stranded conductors smaller than No. 14 shall be terminated in crimp style terminal lugs. All connectors and terminal lugs for conductor sizes No. 8 and smaller shall be soldered by the hot iron, pouring or dipping method. Open flame soldering will not be permitted. 209-2.09D Splicing and Terminations. Unless specified otherwise or permitted by the Engineer, splices shall conform to the details shown on the plans and will be permitted only in the following types of circuits at the following locations: 1) Grounded conductors in pull boxes. 2) Pedestrian push button conductors in pull boxes. 3) Multiple or series lighting conductors in the pull box adjacent to each electrolier or luminaire location or in the bases of Type 21 standards. Where electroliers are more than 120 m (400‘) apart, splices will be permitted in pull boxes at 120 m (400’), or greater, intervals. 4) When traffic signals are being modified, ungrounded traffic signal light conductors may be spliced in pull boxes at locations shown on the plans. 5) Ungrounded traffic signal light conductors to a terminal compartment or signal head on a standard may be spliced to through conductors of the same phase in the pull box adjacent to the standard. 6) All splices and terminal lugs for conductor sizes No. 8 and smaller shall be soldered by the hot iron, pouring or dipping method. Open flame soldering will not be permitted. 209-2.09E Splice Insulation. All splices shall be capable of satisfactory operation under continuous submersion in water. Multi-conductor cables shall be spliced and insulated to provide a watertight joint and to prevent absorption of moisture by the cable. Where more than one conductor enters the sleeve of a ballast installed in a pull box, the insulation and taping shall be applied between the conductors in such a manner as to provide a watertight joint. Splice insulation shall conform to the details shown on the plans. Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 11 6 of 166 Pages - - Low-voltage tape shall be UL or ETL listed and shall be the following types: 1 ) Self-fusing, oil and flame-resistant, synthetic rubber. 2) Pressure-sensitive, adhesive, polyvinyl chloride, 0.1 5 mm (0.007") minimum thickness. - Property Shrinkage Ratio Dielectric Strength Tensile Strength Operating Temperature Water Absorption - - - Resistivity Tape for insulating splices in high-voltage (over 600 V) circuits shall be designed for use on 5-kvolt circuits and shall be resistant to ozone, corona and water. Insulating pad shall be composed of a laminate of 2 mm (0.085") thickness of electrical grade polyvinyl chloride and a 3 mm (0.125") thickness of butyl splicing compound with removable liner. . Heat-shrink tubing shall be medium or heavy wall thickness, irradiated polyolefin tubing containing an adhesive mastic inner wall. Minimum wall thickness prior to contraction shall be one millimeter (39 mils). - Requirement 33 percent, maximum, of supplied diameter when heated to 125°C and allowed to cool to 25°C. 140 kV per 10 mm, minimum. 1013 4 - mm, minimum. 14 MPa, minimum. -40°C to 90°C (1 35°C Emergency). 0.5 percent, maximum. When heated, the inner wall shall melt and fill all crevices and interstices of the object being covered while the outer wall shrinks to form a waterproof insulation. Each end of the heat shrink tube or the open end of the end cap of heat-shrink tubing shall, after contraction, overlap the conductor insulation at least 38 mm (1%"). Heat-shrink tubing shall conform to the requirements of UL Standard 468D and ANSI C119.1, for extruded insulated tubing at 6004. All heat-shrink tubing shall also meet the requirements of Table 209-2.09E(A): TABLE 209-2.09E(A) H E AT-S H R I N K TUB I NG - c When three or more conductors are to be enclosed within a single splice using heat-shrink tubing, mastic shall be placed around each conductor, prior to being placed inside the heat-shrink tubing. The mastic shall be the type recommended by the manufacturer of the heat-shrink tubing. After contraction, the ends and seams of heat-shrink tubing shall be painted with electrical insulating coating. Heat-shrink tubing shall not be heated with an open flame. A heating device designed for the purpose is required. The Contractor may, at the Contractor's option, use either of the following splice insulation methods: 1) "Method B" as shown on the plans. A minimum of 2 thicknesses of electrical insulating pad shall be used. Pads shall be applied to the splice in accordance with the manufacturer's recommendations. 2) Heat-shrink tubing as provided above. 209-2.095 Fused Splice Connectors. In the pull box adjacent to each luminaire a fused disconnect splice connector shall be installed in each ungrounded conductor between the line and the ballast. The connector shall be readily accessible in the pull box regardless of whether the ballast is remote or is integral with the luminaire. For 240-volt and 480-volt circuits, each connector shall be designed so that both ungrounded conductors are disconnected simultaneously. The connector shall have no exposed metal parts, except the head of a stainless steel assembly screw ma be exposed. The head of the metal as- sembly screw shall be recessed a minimum of 0.8 mm ( below the top of a plastic boss which surrounds the head. Y c Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 1 17 of 166 Pages The splice connector shall completely enclose the fuse and shall protect the fuse against damage from water and weather. The contact between the fuse and fuse holder shall be by spring pressure. The terminals of the splice connector shall be rigidly crimped, using a tool of the type recommended by the manufacturer of the fused splice connector, onto the line conductors and the conductors to the ballasts and shall be insulated and made waterproof in accordance with the splice connector manufacturer’s recommendations. Fused splice connectors shall not be used in series circuits. Fuses shall be standard midget, ferrule type, with “Non-Time-Delay” feature, and shall be 10 mm (13&”) x 38 mm (1 ’/;). - 209-2.10 equipment grounding conductors, ballast and transformer cases, service equipment, sign switches, and metal poles and pedestals shall be made mechanically and electrically secure to form a copper braid of the same cross sectional area as No. 6 for series lighting systems and No. 8 or larger for all other systems. The jumper size shall be increased to match the load or the circuit breaker Code requirements or shall be bare. The bonding jumper in standards with handholes shall be attached by a 4.5 mm (3/1() or larger brass bolt and shall be run to the conduit or bonding wire in the adjacent pull box. Standards without handholes shall be bonded by a jumper attached to all anchor bolts, and shall be run to the conduit or bonding wire in the adjacent pull box. Grounding jumper shall be visible after cap has been jumper shall not intrude into the slip plane. Bonding shall be accomplished by a bonding strap to all anchor bolts or a 4.5 mm (3/1;1) or larger brass bolt installed in the bottom slip base plate. One side of the secondary circuit of series-multiple and step-down transformers shall be grounded. Bonding and Grounding. Metallic cable sheaths, metal pull box covers, metal conduit, continuous system, and shall be effectively grounded. Bonding jumpers shall be copper wire or size, or shall be as shown on the plans. Equipment grounding conductors shall be color coded to A _. - I placed on foundation. Where slip base standards or slip base inserts are installed, the bonding - - -. Grounding of metal conduit, service equipment and the grounded conductor at service point shall be - accomplished as required by the Code and the serving utility, except that grounding electrode conductor shall be No. 6, or larger. For equipment grounding purposes in Type 3 conduit, a No. 6 copper wire shall be run continuously in circuits used for series lighting, and a No. 8, minimum, copper wire shall be run continuously in all other circuits. The bonding wire size shall be increased to match the circuit breaker size, or shall be as shown on the plans. Where Type 3 conduit is to be installed for future conductors, the copper wire may be omitted. Equipment bonding and grounding cable or both. I conductors are not required in conduits which contain only loop lead-in cable or signal interconnect - At each multiple service disconnect location, a ground electrode shall be furnished and installed. electrodes shall be installed in accordance with the provisions of the Code. The service equipment - Ground electrodes shall be one-piece lengths of galvanized steel rod or pipe not less than 19 mm (3/qLL) in diameter, or of copper clad steel rod not less than 15 mm (5/e“) in diameter. Ground shall be bonded to the ground electrode by use of a ground clamp or exothermic weld and No. 6 or larger copper wire, enclosed in a size 16 or larger diameter conduit. - - Ground clamp for service grounding and for grounding of equipment on wood poles shall be Size 16 galvanized, malleable iron conduit hub with swivel feature. On wood poles, all metallic equipment mounted less than 2.4 m (8‘) above ground surface shall be grounded. Bonding of metallic conduit metallic conduit in metal pull boxes shall be by means of locknuts, one inside and one outside of the box. in non-metallic pull boxes shall be by means of bonding bushings and bonding jumpers. Bonding of - - - @ Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 1 18 of 166 Pages e - 209-2.11 Service. The electric service connection Doint for the street liahts is an existinq transformer (Dl410491 which is located amroximately 120 feet west of the intersection of Poinsettia Lane and Black Rail Road. The Contractor will need to coordinate directly with SDG&E in order to access this transformer (Donna Fleming 858 654-121 9). - Electrical service installation and materials shall conform to the requirements of the serving utility. When the service equipment is to be installed on a utility-owned pole, the Contractor shall furnish and install conduit, conductors and all other necessary material to complete the installation of the service. The position of the riser and equipment will be determined by the utility. Service conduit shall conform to the requirements of the serving utility and shall be not less than Size 41 (1 ’/$ dia.). - Where a kilowatt-hour meter is required, a meter socket with sealing ring, as approved by the serving utility, shall be furnished and installed. Where a meter socket is installed, the meter enclosure shall be provided with factory installed test bypass facilities as required by the serving utility. Service equipment shall be installed as soon as possible to enable the utility to schedule its work well in advance of the completion of the project. Each service shall be provided with a circuit breaker which shall simultaneously disconnect all ungrounded service entrance conductors. All circuit breakers shall be quick-break on either automatic or manual operation. The operating mechanism shall be enclosed and shall be trip-free from the operating handle on overload. Circuit breakers shall be trip-indicating, shall have frame size plainly marked and shall have trip rating clearly indicated on the operating handle. Overload tripping of breakers shall not be influenced by an ambient temperature range of from -18°C to 50°C. Multiple-pole breakers shall be the internal trip type. All circuit breakers shall be listed by UL or ETL. Current rating of breakers shall be as shown on the plans. Circuit breakers used as service disconnect equipment shall have a minimum interrupting capacity of 10 000 A, rms. Circuit breakers shall be enclosed in a NEMA raintight enclosure with dead-front panel and hasp with a 11 mm (7/1<) hole for a padlock. The padlock will be furnished by others. Service equipment enclosures, except Types II and Ill, shall be galvanized. Types II. and Ill service equipment enclosures shall be fabricated from galvanized sheet steel or fabricated from sheet steel and zinc or cadmium plated after fabrication, or shall be fabricated from aluminum. Fabrication of service equipment enclosures shall conform to the requirements of Section 209-3.04A1 “Cabinet Construction.” Steel enclosures shall be painted in accordance with the provisions in Section 209-2.1 6, “Painting.” All overlapping exterior seams and doors shall meet the requirements for Type 3R enclosures specified in the NEMA Enclosure Standards. Full compensation for furnishing and installing Agency-owned or permanent service poles, service equipment, conduit, conductors and pull boxes (including equipment, conduit, and conductors placed on utility-owned poles) shall be considered as included in the contract item, Street Lights, and no additional compensation will be allowed therefor. I - - -- I - I - - 209-2.12 Wood Poles. Wood poles for service or temporary installations shall be ANSI Class 5, or larger. Poles shall not have more than 180 degrees twist in grain over the full length. Sweep shall be no more than 100 mm (4”). Tops of poles shall be beveled. Poles shall be placed in the ground to a depth of at least 1.8 m (6’). The lengths of poles shall be 7.6 m (25‘) for service poles and 10.7 m (35‘) for other poles, unless otherwise specified. After each wood pole is set in the ground, the space around the pole shall be backfilled with selected earth or sand, free of rocks and other deleterious material, placed in layers approximately 100 mm (4“) thick. Each layer shall be - - moistened and thoroughly compacted. e Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 1 19 of 166 Pages - 209-2.14 Testing. Attention is directed to Section 4-1.4, “Test of Materials.” Testing shall conform to the following: 209-2.14A Materials Testing. Material and equipment to be tested shall be delivered to a testing location designated by the Engineer. Testing will be performed by the Agency. Testing and quality control procedures for Model 170 and Model 2070 controller assemblies shall conform to the requirements in “Transportation Electrical Equipment Specifications,” and ‘Traffic Signal Control Equipment Specifications,” issued by the State of California, Department of Transportation, and to all addendums thereto current at the time of project advertising. Testing and quality control procedures for all other traffic signal controller assemblies shall conform to the requirements in the NEMA TS Standards for Traffic Control Systems. - & - x In the event equipment submitted for testing does not comply with specifications, the Contractor shall Contractor at the Contractor’s expense. The Contractor shall allow 30 days for Agency testing from - remove the equipment for repair within 5 working days after notification that the equipment is rejected. In the event the equipment is not removed within that period, it may be shipped to the the time the material or equipment is delivered to the Agency test site. When equipment being tested has been rejected for failure to comply with the specifications, the Contractor shall allow 30 days for Agency retesting. The retesting period shall begin when the corrected equipment is made available at the test site. - - All testing subsequent to rejection of the equipment for failure to comply with specification will be made from any moneys due or which may become due the Contractor under the contract. The Contractor will be notified when testing of the equipment has been completed and it shall be the Contractor’s responsibility to deliver the equipment to the site of the work or, at the Contractor’s re- quest and the Agency’s convenience, the Agency will pack and ship the equipment to the Contractor or to the site of work. The sum of $1 00 or the actual cost of packing and shipping, whichever amount to the Contractor under the contract. requirements will be at the expense of the Contractor. Deductions to cover the cost of that testing - -_, - is greater, will be deducted, for each unit of equipment shipped by the Agency, from any moneys due _.~ - 209-2.148 Field Testing. Prior to start of functional testing, the Contractor shall perform the following tests on all circuits, in the presence of the Engineer. 209-2.14B(l) Continuity. Each circuit shall be tested for continuity. 209-2.146(2) Ground. Each circuit shall be tested for grounds. 209-2.14B(3) Insulation Resistance. An insulation resistance test at 500 volts DC shall be made - on each circuit between the circuit and a ground. The insulation resistance shall not be less than 10 MS2 on all circuits, except for inductive loop detector circuits which shall have an insulation resistance value of not less than 100 Ma. - The insulation resistance test shall not be performed on magnetometer sensing elements. Splices in the test on the lead-in conductors between the pull box and the controller cabinet field terminals. the pull box adjacent to the magnetometer sensing elements shall not be made prior to performing - 209-2.14C Functional Testing. Attention is directed to Section 209-1.06, “Scheduling of Work,” - regarding requirements for test periods. A functional test shall be made in which it is demonstrated that each and every part of the system functions as specified. The functional test for each new or modified system shall consist of not less than 5 days of continuous, satisfactory operation. If unsatis- factory performance of the system develops, the condition shall be corrected and the test shall be repeated until the 5 days of continuous, satisfactory operation is obtained. -- - - ’3 Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 120 of 166 Pages - - Turn-on of new or modified traffic signals shall be made only after all traffic signal circuits have been thoroughly tested as specified above. Except for new or modified portions of existing lighting circuits and sign illumination systems, the Agency will maintain the system or systems during the test period and will pay the cost of electrical energy for the operation of all of the facilities that are undergoing testing. The cost of any necessary maintenance performed by the Agency on new circuits or on the portions of existing circuits modified under the contract, except electrical energy, shall be at the Contractor’s expense and will be deducted from any moneys due, or to become due, the Contractor. c_ I c A shutdown of the electrical system resulting from damage caused by public traffic, from a power interruption or from unsatisfactory performance of Agency-furnished materials shall not constitute discontinuity of the functional test. 209-2.15 Galvanizing. Galvanizing shall be in accordance with the provisions in Section 21 0-3.6, “Galvanizing for Traffic Control Facilities,” except that cabinets may be constructed of material galvanized prior to fabrication in conformance with the specifications of ASTM Designation: A 525 or A 525M, Coating Designation G 90, in which case all cut or damaged edges shall be painted with at least 2 applications of approved unthinned zinc-rich primer (organic vehicle type) conforming to the requirements in Section 21 0-3.5, “Repair of Damaged Zinc Coating.” Aerosol cans shall not be used. Other types of protective coating shall be approved by the Engineer prior to installation. Iron or steel pipe standards and pipe mast arms shall be hot-dip galvanized after fabrication in conformance with the specifications of ASTM Designation: A 53. Galvanized surfaces shall have spurs removed. Tie-rods, bolts, nuts, washers, clamps and other miscellaneous ferrous parts shall be hot-dip galvanized after fabrication in accordance with the provisions in Section 21 0-3.6, “Galvanizing for Traffic Control Facilities.” Not less than 250 mm (lo“) of the upper end of the anchor bolts, anchor bars, or studs, and all nuts and washers shall be galvanized in accordance with the provisions in Section 21 0-3.6, “Galvanizing for Traffic Control Facilities.” After galvanizing, the bolt threads shall accept galvanized standard nuts without requiring tools or causing removal of protective coatings. Galvanizing of existing materials in an electrical installation will not be required. - - - _c I -- 209-2.1 6 Painting. Painting of electrical equipment and materials shall conform to the provisions in Section 31 0, “Painting,” with the following additions and modifications. Paint materials for electrical installations, unless otherwise specified, shall conform to the provisions in Section 21 0, “Paint and Protective Coatings.’’ Factory or shop cleaning methods for metals will be acceptable if equal to the methods specified herein. In lieu of the temperature and seasonal restrictions for painting as provided in Section 310, “Painting,” paint may be applied to equipment and materials for electrical installations at any time permitted by the Engineer. All ungalvanized ferrous surfaces to be painted shall be cleaned prior to applying the prime coat. Blast cleaning will not be required. If an approved prime coat has been applied by the manufacturer, and it is in good condition, the first primer application by the Contractor will not be required. - - - Existing equipment to be painfed in the field, including Agency-furnished equipment, shall be washed with a stiff bristle brush using a solution of water containing 7.5 ml. of heavy duty detergent powder per liter (2 tablespoons per gallon). After rinsing, all surfaces shall be wire brushed with a coarse, cup shaped, power-driven brush to remove all poorly bonded paint, rust, scale, corrosion, grease or dirt. Any dust or residue remaining after wire brushing shall also be removed prior to priming. Immediately after cleaning, all galvanized surfaces and all non-ferrous metal surfaces shall be coated with one application of Primer (Wash) Pre-Treatment, Section 210-1.5 or wash primer conforming to the requirements of Military Specification MIL-P-153280. The wash primer shall be applied by spraying or brushing to produce a uniform wet film on the surface. Galvanized equipment and wood poles for traffic signal or flashing beacon installations shall not painted. I .- - - c Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 121 of 166 Pages New galvanized metal surfaces to be painted in the field shall be cleaned as specified for existing equipment before applying the prime coats specified. Wire brushing of new galvanized surfaces will not be required. After erection, all exterior surfaces shall be examined for damaged primer and the damaged surfaces shall be cleaned and spot coated with primer. Galvanized metal guard posts shall not be painted. Painting of Agency-furnished controller cabinets will not be required. Types I1 and Ill steel service equipment enclosures shall be painted with a polymeric or an enamel coating system conforming to Color No. 14672 (light green) of Federal Standard 5956. All coatings shall be commercially smooth, substantially free of flow lines, paint washout, streaks, blisters, and other defects that would impair serviceability or detract from general appearance. The coatings shall comply with the following requirements: 1) Coating Hardness - The finish shall have a pencil lead hardness of HB minimum using an Eagle Turquoise pencil. 2) Salt Spray Resistance - The undercutting of the film of the coating system shall not exceed 3 mm (’/81() average, from lines scored diagonally and deep enough to expose the base metal, after 250 hours exposure in a salt spray cabinet in accordance with ASTM Designation: B 1 17. 3) Adherence - There shall be no coating loss when tested by California Test 645. Compliance of the coating system to the above requirements may be determined by the application of the coating, to 100 mm (4”) x 200 mm (8”) x 0.6 mm (0.0236”) test specimens of the same material as the cabinets, in the same manner as applied to the cabinets. A Certificate of Compliance shall be furnished in accordance with the provisions of Section 4-1.5, “Certification,” certifying that the coating system furnished complies in all respects with these re- quirements. Interior of metal signal visors, louvers and front faces of back plates shall be finished with 2 applications of lusterless black exterior grade latex paint formulated for application to properly prepared metal surfaces, except that factory finish in good condition will be acceptable. 1 -, Metal signal sections, signal head mountings, brackets and fittings, outside of visors, pedestrian push button housings, pedestrian signal sections and visors, and back faces of back plates, shall be finished with 2 applications of lusterless black or dark olive green exterior grade latex paint formulated for application to properly prepared metal surfaces. Dark olive green color shall match Color Chip No. 68 on file at the CALTRANS Transportation Laboratory. Conduit and conduit fittings above ground shall be prepared and finished in the same manner as the adjacent standard or post. All paint shall be applied either by hand brushing or by spraying machines in the hands of skilled operators. The work shall be done in a neat and workmanlike manner. The Engineer reserves the right to require the use of brushes for the application of paint, should the work done by the paint spraying machine prove unsatisfactory or objectionable, as determined by the Engineer. 209-6 LIGHTING 209-6.01 High Pressure Sodium Luminaires. High pressure sodium luminaires shall be the enclosed type with a horizontal burning lamp. Luminaires shall be the cutoff type. Each luminaire shall consist of a housing, a reflector, a refractor or a lens, a lamp socket, an integral ballast, a terminal strip and a lamp. Housings shall be fabricated from aluminum. Housings that are painted shall withstand a 1000-hour salt spray test as specified in ASTM Designation: B 1 17. All other metal parts of the housing shall be fabricated from metal at least equal in corrosion resistance and finish to the metal in the housing. Each housing shall be provided with a slip-fitter capable of mounting on a 50 mm (2”) pipe tenon and of being adjusted 5 degrees from the axis of the tenon. The clamping brackets of the slip-fitter shall not bottom out on the housing bosses when adjusted within the i5 degree range. No part of the slip-fitter mounting brackets on the luminaires shall develop a permanent set in excess of 0.5 mm (0.020”) when the four 10 mm (3/8L1) diameter cap screws used for - e Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 122 of 166 Pages c s55 S66 S50 S67 S5 1 mounting are tightened to 13 N-m (1 0 ftllbs.). All luminaires to be mounted on horizontal mast arms, when tested in accordance with California Test 61 1, shall be capable of withstanding cyclic loading in (G = Acceleration of Gravity): 1. a vertical plane at a minimum peak acceleration level of 3.0 G peak-to-peak sinusoidal loading (same as 1.5 G peak) with the internal ballast removed, for a minimum of 2 million cycles without failure of any luminaire parts. 2. a horizontal plane perpendicular to the direction of the mast arm at a minimum peak acceleration level of 1.5 G peak-to-peak sinusoidal loading (same as 0.75-G peak) with the internal ballast installed, for a minimum of 2 million cycles without failure of any luminaire parts. a vertical plane at a minimum peak acceleration level of 1 .O G peak-to-peak sinusoidal loading (same as 0.5-G peak) with the internal ballast installed, for a minimum of 2 million cycles without failure of any luminaire parts. 3. 150 1 40 200 1 40 250 175 31 0 21 0 400 260 Each mast arm mounted luminaire shall be furnished with a photoelectric unit receptacle. If a photoelectric unit receptacle is included and the plans call for the omission of a photoelectric unit , a raintight shorting cap shall be installed. The surface of each reflector shall be specular and shall be protected by either an anodized finish or a silicate film. The reflector shall be shaped so that a minimum of light is reflected through the arc tube of the lamp. Each refractor or lens shall be mounted in a frame that is hinged to the housing and secured with a spring-loaded latch. Each refractor shall be made of glass or polycarbonate plastic. Each lens shall be made of heat and impact resistant glass. The optical system, consisting of the reflector, refractor or lens, lamp socket and lamp, shall be in a sealed chamber. Sealing shall be provided by a gasket between the reflector and refractor or lens and a gasket between the reflector and lamp socket. The chamber shall have provision for filtered flow of air in and out of the chamber due to lamp heat. Filtering shall be accomplished by either a separate filter or a filtering gasket. Each lamp socket shall be a porcelain enclosed mogul-multiple type. The shell shall contain integral lamp grips to assure electrical contact under conditions of normal vibration. The socket shall be mounted in the luminaire in a manner to permit pre-setting a variety of specified light distribution patterns. The socket shall be rated for 1500 W and 600 V, and shall be rated for a 4-kV pulse. When the components are mounted on a down-opening door, the door shall be hinged and secured to the luminaire housing separately from the refractor or flat lens frame. The door shall be easily removable and replaceable. The door shall be secured to the housing in a manner to prevent its accidental opening when the refractor or flat lens frame is opened. Field wires connected to the luminaire shall terminate on a barrier type terminal block secured to the housing. The terminal screws shall be captive and equipped with wire grips for conductors up to No. 6. Each terminal position shall be clearly identified. The minimum light distribution for each luminaire shall be as shown on the isolux diagrams on the plans. The maximum brightness of each cutoff luminaire, with the lamp indicated, shall be as Table 209-6.01 (A): TABLE 209-6.01 (A) CUTOFF TYPE LUMlNAlRE Lamp Lamp Maximum Brightness I I ANSI Code No. Wattage ( cd/m2) Brightness readings will be taken using a brightness meter with an acceptance angle of 1.5 degrees. When measured on the 90-degree and 270-degree lateral angle line, the maximum brightness shall not exceed the above specified brightness when the meter is located at a horizontal distance of 37 m (120') and a vertical distance of 2.3 m (7.5') between the luminaire and the meter, or at an angle of 3 degrees 35 minutes from the horizontal to the line between the luminaire and the meter. a Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 123 of 166 Pages Measurements shall be made from both the 90-degree line and the 270-degree line and averaged. The lamp used for each test shall be operated at the wattage necessary to produce a light output as shown in Table 209-6.01 (B): Lumens 16 000 22 000 27 000 37 000 50 000 Lamp Wattage 150 200 250 31 0 400 209-6.01A High Pressure Sodium Lamp Ballasts. Each ballast shall be designed for the type, characteristics and wattage of the lamp it is to operate and it shall provide the proper starting and operating waveforms, voltage and current. Ballasts shall provide reliable lamp starting and operation at ambient temperature down to -30°C for the rated life of the lamp. Ballasts shall be designed for continuous operation at ambient air temperatures from -20°C to 25°C without reduction in ballast life. Ballasts shall have a design life of not less than 100,000 hours. Ballasts shall be designed to operate for at least 180 cycles of 12 hours on and 12 hours off, with the lamp circuit in an open or short-circuited condition and without measurable reduction in the operating requirements. Ballasts shall be tested in accordance with the requirements of ANSI C82.6-1980, “Methods of Measurement of High-lntensity-Discharge Lamp Ballasts.’’ Starting aids for ballasts of a given lamp wattage shall be interchangeable between ballasts of the same wattage and manufacturer without adjustment. A Certificate of Compliance conforming to the provisions in Section 4-1.5, ‘Certification,” shall be submitted by the manufacturer with each lot of integral ballast luminaires and with each lot of ballasts designed for use outside of luminaires. The certificate shall state that the lot of ballasts meets, in every respect, the above requirements and the lamp-ballast specifications of the lamp manufacturer. The input voltage for ballasts shall be as shown on the plans or as specified in these special provisions. Each integral ballast shall consist of separate components, each of which shall be capable of being easily replaced. A starting aid which is encapsulated will be considered as a single component. Each component shall be provided with screw terminals, NEMA tab connectors or a single multi-circuit connector. All conductor terminals shall be identified as to the component terminal to which they connect. Heat-generating components shall be mounted so as to use the portion of the luminaire upon which they are mounted as a heat sink. Capacitors shall be located as far as practicable from heat-generating components or shall be thermally shielded to limit the case temperature to 75°C. Transformers and inductors shall be resin-impregnated for protection against moisture. Capacitors, except those in starting aids, shall be metal cased and hermetically sealed. Ballasts to be located remote from the luminaire shall be the submersible type and shall conform to the requirements in Section 209-6.09C, “Submersible Type Transformers.” All components, including starting aid, shall be enclosed in a single housing. Ballast leads shall extend a minimum of 300 mm (12“) from the case. Steel housings shall be galvanized or painted. Ballast housings shall be clearly labeled to in- dicate lamp type, lamp wattage and input voltage. Ballasts for high-pressure sodium lamps shall have a ballast characteristic curve which will intersect both of the lamp-voltage limit lines between the wattage limit lines and remain between the wattage limit lines throughout the full range of lamp voltage. This requirement shall be met not only at the rated input voltage of the ballast, but also at the lowest and highest input voltage for which the ballast is rated. Throughout the lifetime of the lamp, the ballast curve shall fall within the specified limits of lamp voltage and wattage. Ballasts for luminaires to be mounted on mast arms, brackets or lowering assemblies shall be located within the luminaire housing. -- I t“4 Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 124 of 1 66 Pages I - 209-6.01 A(l) Regulator Type Ballasts. Regulator type ballasts shall conform to the following: For nominal input voltage and lamp voltage, the ballast design center shall not vary more than 7.5 percent from rated lamp watts. The ballast shall be designed so that a capacitance variance of j3 percent will not cause more than a i8 percent variation in lamp wattage regulation throughout rated lamp life for nominal input voltage. The lamp current crest factor shall not exceed 1.8 for input voltage variation of k10 percent at any lamp voltage from initial through life. 1. 2. - - 3. c Regulator type ballasts shall be lag-type or lead-type conforming to the following: 1. Lag-Type Regulator Ballasts.- Each lag-type regulator ballast shall have the primary and secondary windings electrically isolated and, when operated with the appropriate lamp, shall have the following characteristics and shall maintain the following lamp operation: a) The power factor shall be not less than 90 percent throughout the life of the lamp at b) Lamp wattage regulation spread at any lamp voltage from nominal through life shall not 2. Lead-Type Regulator Ballasts.- Each lead-type regulator ballast (CWA-constant wattage auto- regulator) shall, when operated with the appropriate lamp, have the following characteristics and shall maintain the following lamp operation: nominal line voltage with a nominally rated reference lamp. vary by more than 18 percent for i10 percent input voltage variation. a) The power factor shall be not less than 90 percent when the ballast is operated at nominal line voltage with a nominally rated reference lamp. b) Lamp wattage regulation spread at any lamp voltage from nominal through life shall not vary by more than 30 percent for *10 percent input voltage variation. - - 209-6.01 A(2) Autotransformer or Reactor Type Ballasts. Each nonregulating reactor, autotransformer, or high reactance ballast shall, when operated with the appropriate lamp, have the following characteristics and shall maintain the following lamp operations: 1. 2. 3. 4. The power factor shall be not less than 90 percent when the ballast is operated at nominal line voltage with a nominally rated reference lamp. Lamp wattage regulation spread at any lamp voltage from nominal through life shall not vary by more than 25 percent for *5 percent input voltage variation. For nominal input voltage and lamp voltage, the ballast design center shall not vary more than 7.5 percent from rated lamp watts. The lamp current crest factor shall not exceed 1.8 for input voltage variation of 54 percent at any lamp voltage from initial through life. 209-6.018 High Pressure Sodium Lamps. High pressure sodium lamps shall conform to the ANSI Standard: C 78, “Lamp Specifications, Physical and Electrical Characteristics of High-Intensity- Discharge Lamps,’’ when tested in accordance with ANSI Standard: C 78.388, “Methods of Measurement of High Pressure Sodium Lamp Characteristics.” High-pressure sodium lamps shall have a minimum average rated life of 24 000 hours. - 209-6.07 Photoelectric Controls. Photoelectric controls, as specified in these special provisions or as shown on the plans, shall be capable of switching multiple lighting systems directly. Type IV photoelectric control shall be used unless otherwise shown on the plans or required by these special provisions and shall be installed in a receptacle integral with the luminaire. 1. Type I photoelectric control shall consist of a remote photoelectric unit and a test switch housed in an enclosure. 2. Type II photoelectric control shall consist of a remote photoelectric unit, a separate contactor located in a service equipment enclosure, and a test switch located in the service equipment - - - - enclosure unless shown otherwise. e ’4 Revised: 04/22/02 - Contract Nos. 3673,3585, and 3675 Page 125 of 166 Pages - 3. Type Ill photoelectric control shall consist of a remote photoelectric unit, and a separate contactor 4. Type IV photoelectric control shall consist of a photoelectric unit which plugs into an EEI-NEMA - and a test switch housed in an enclosure. twist lock. ..- 209-6.07A Types. The types of photoelectric controls shall be as follows: 1. 2. 3. 4. receptacle integral with the luminaire. A switch to permit manual operation of the lighting circuit shall be provided for each Type I, Type shall be furnished with an indicating nameplate reading “Auto-Test” and shall be connected in I Type V photoelectric control shall consist of a photoelectric unit, contactor and test switch located in a service equipment enclosure. II, Type Ill, and Type V photoelectric control. Switches shall be of the single-hole mounting toggle type, single-pole, single-throw, rated at 12 A and a voltage rating to match the circuit. Switches parallel with the load contacts of the photoelectric unit. Test switch shall not have an “OFF position. Photoelectric units for Types I, II and Ill photoelectric controls, shall be pole-top mounted unless otherwise specified. I - - 209-6.07B Equipment Details. Equipment details shall conform to the following: 209-6.07B(l) Photoelectric Unit. The photoelectric unit shall provide an output in response to changing light levels. Components of the unit shall not require periodic replacement. Units shall 5 times “turn-on.” Measurements shall be by the procedures set forth in EEI-NEMA Standards for Physical and Electrical Interchangeability of Light-Sensitive Control Devices Used in the Control of Roadway Lighting. Photoelectric controls, except Type IV and Type V, shall be furnished with a 100 mm (4“) minimum inside diameter pole-top mounting adaptor containing a terminal block and with cable supports or clamps to support pole wires. The photoelectric unit receptacle shall be the EEI- controls shall be installed at the locations shown on the plans and oriented as directed by the Engineer. For switching 480 V, 60 Hz circuits, a 100 V‘A, minimum, 480/120-volt transformer shall be installed in the contactor enclosure to provide 120 volts for the photoelectric control unit. Where more than one photoelectric unit is to be installed at the same location, a single transformer, with a volt-ampere rating capable of handling the total controlled load, may be used. Photoelectric units shall be screened to prevent artificial light from causing cycling. 1. The supply voltage rating shall be 60 Hz, 105-1 30 V, 21 0-240 V, or 105-240 V, as specified. 2. The load rating shall be 800 W minimum, incandescent, mercury or fluorescent. 4. The power consumption shall be less than 10 W. 5. The unit shall be housed in a weatherproof enclosure. - have a “turn-on” between 10 and 50 lux (one and 5 footcandles) and a “turn-off at between 1.5 and - - - NEMA type. Mounting brackets shall be used where pole-top mounting is not possible. Photoelectric I - The photoelectric unit shall also conform to the following: 3. The operating temperature range shall be from -29°C (-20°F) to 65°C (1 50°F). 6. The base of the unit shall be provided with a 3-prong, EEI-NEMA standard, twist-lock plug - - - mounting. 7. Units shall be provided with a “fail-on” feature. - 209-6.076(2) Contactor. The contactor shall have contacts rated to switch the specified .lighting load and shall be normally open, unless otherwise specified. The contactor shall be either the mechanical armature type or the mercury displacement type. The contacts of the mechanical armature type contactor shall be either fine silver, silver alloy, or superior alternative material. The - contactor shall have a minimum rating of 30 A, per contact, inductive load. - @ Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 126 of 166 Pages - - 209-6.078(3) Contactor and Test Switch Housing. The enclosure for Type I and Type Ill photoelectric controls shall be NEMA Type 3R. The enclosure shall be provided with a factory applied rust resistant prime coat and finish coat. Two applications of paint to match the color of the standard shall be applied as specified in Section 209-2.1 6, “Painting.” The enclosure may be hot-dip galvanized in lieu of painting. A minimum of 65 mm (2’/;) shall be provided between contactor terminals and end of enclosure for wiring connections. The enclosure shall be mounted on the same standard as the photoelectric unit at a height of approximately 1.8 m (6‘) above the base. - - 209-6.078(4) Wiring. Conductors between the photoelectric unit and an external contactor shall be No. 14 and shall be run inside the lighting standard, or in conduit, unless otherwise shown on the plans. 209-6.078(5) Terminal Blocks. Terminal blocks shall be rated at 25A, 600V, shall be molded from phenolic or nylon material and shall be the barrier type with plated brass screw terminals and integral type marking strips. 209-6.09 Transformers. Multiple to multiple and series to multiple transformers shall be of the single-phase, dry type designed for operation on a 60 Hz supply. 209-6.09A Electrical Requirements. Transformer ratings shall be 120/480 volts, 240/480 volts or 480/120 volts for multiple to multiple units and 6.6 A/120 volts or 6.6 A/480 volts for series to multiple units or other ratings as shown on the plans. Secondary 480-volt windings shall be center tapped. Volt-ampere ratings shall be as shown on the plans. Transformer efficiency shall exceed 95 percent for multiple to multiple units and 80 percent for series to multiple units. Secondary voltage regulation and tolerance shall be +3 percent from half load to full load for multiple to multiple units and +10 percent (maximum) at no load to k3 percent at full load for series to multiple units. Transformers shall have a decal showing a connection diagram. The diagram shall show either color coding or tagging of wires with primary (Hl, H2) or secondary (Xl, X2) markers, and shall also show the primary and secondary voltage and volt-ampere rating. - I - - 209-6.09B Physical Requirements. External leads for multiple to multiple and series to multiple secondary connections shall be Type USE, No. 10, rated 600 volts AC. Primary conductors for series to multiple transformers shall be rated for use on 5000-volt AC circuits. Transformer leads shall extend a minimum of 300 mm (12“) from the case. Transformer insulation shall be NEMA 185°C or better. Series to multiple transformers shall withstand the application of 12 000 volts AC from core to primary coil and from coil to coil for a one minute period. Series to multiple transformer secondaries and multiple to multiple transformers shall withstand the application of 2200 volts AC from core to coils and, for multiple units only, from coil to coil for a one minute period. The above tests shall be made immediately after operation of the transformer at full load for 24 hours. Non- submersible transformers shall be provided with metal half-shell coil protection, shall have moisture resistant, synthetic varnish impregnated windings and shall be suitable for outdoor operation in a raintight enclosure. Each transformer to be installed in a pull box shall be the submersible type and shall be provided with a handle and a hanger. 209-6.09C Submersible Type Transformers. Submersible type transformers shall be securely encased in a rugged corrosion resistant, watertight case and shall withstand a 5-day test submerged in 600 mm (2’) of salt water (2 percent salt by mass) with 12-hour on and off periods. The operating periods shall be at full load. Leads of submersible transformers shall be brought out through one or more sealed hubs and shall be secured in a manner which will withstand a 450-N (100 Ib) static pull - without loosening or leaking. c- - Revised: 04/22/02 Contract Nos. 3673,3585, and 3675 Page 127 of 166 Pages