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Home My WebLink AboutBeador Construction; 2014-11-17; PWS15-06TRANRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2015-0554653 1111111111111111111111111111111111111111111111111111111111111111111111 Oct 23, 2015 08:35 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 1 Space above this line for Recorder's use. PARCEL NO: N/A ---------- NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on Aug. 10, 2015. 6. The name of the contractor for such work or improvement is Beador Construction Company, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project Nos. 6016 & 3557, Carlsbad Boulevard Overhead Railing Improvements and Retaining Wall Rehabilitation. 8. The street address of said property is on Carlsbad Boulevard in the City of Carlsbad. CITY OF ARLSBAD ~ VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on Oc:..-1-o.ber ..;l.0 , 20 15 , 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 Oc:fubev-..;t( , 20 /5", at Carlsbad, California. Ai:s# 22,116 Reso# 2015-261 Word\Masters\Forms\Notice of Completion (City) 3/9/98 CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/O #5 Calrsbad Boulevard Overhead Railing lmprovments and Retaining Wall Rehabilitation Project No: 6016 & 3557 Date Routed: Construction Management & Inspection Department Head Finance Director City Manager/Mayor Construction Management & Inspection Reasons for changes: Item 1: Item 2: Item 3: Item 4: Item 5: The actual field measured quantity of Bid Item A-8 , remove existing curb and gutter, is more than the original estimate of 50 LF. Increase Bid Item A-8 by 25 LF. The actual field measured quantity of Bid Item A-10, full depth bridge AC pavment removal (within the 9-foot participating area), is more than the original estimate of 2,230 SF. Increase Bid Item A-10 by 8 SF. The actual field measured quantity of Bid Item A-11, full depth bridge AC pavment replacement (within the 9-foot participating area), is more than the original estimate of 875 SF. Increase Bid Item A-11 by 281 SF. The actual field measured quantity of Bid Item A-26, construct 6-inch concrete and gutter, is more than the original estimate of 416 LF. Increase Bid Item A- 26 by 75 LF. The actual field measured quantity of Bid Item A-29, reinstall salvaged signs, is less than the original estimate of 4 EA. Decrease Bid Item A-29 by 1 EA. 'I , Project Name: Carlsbad Boulevard Overhead Railing Improvements and Retaining Wall Rehabilitation P/oject: # 6016 & 3557 Item 6: The contractor was directed to apply hydroseed to the disturbed slope areas in order to protect it from stormwater runoff. Item 7: The actual field measured quantity of Bid Item No. A-33, repair spalled surface area, is more than the original contract estimate of 25 SF. Increase Bid Item No. A-33 by 6 SF. Item 8: The contractor was directed to repair/replace a large concrete corner of the east barrier that was fractured and missing prior to construction. COST ACCOUNTING SUMMARY: Original contract amount $636,300.00 Total amount this C/0 $14,042.45 Total amount of previous C/O's $2,932.35 Total C/O's to date $16,974.80 New Contract Amount $653,274.80 Total C/O's as % of oriqinal contract 2.67% Contingency amount encumbered $63,630.00 Contingency increase / decrease $0.00 Contingency Subtotal $63,630.00 Total C/O's to date $16,974.80 Contingency balance $46,655.20 , Project Name : Carlsbad Boulevard Overhead Railing Improvements and Retaining Wall Rehabilitation Ppoject: # 6016 & 3557 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 5 PROJECT: 6016 & 3557, Carlsbad Boulevard Overhead Railing Improvements and Retaining Wall Rehabilitation CONTRACT NO. 6016 & 3557 ACCOUNT NO. 35572 & 60162 &60163 P.O. NO. P129659 CONTRACTOR: Beador Construction Inc. ADDRESS: 26320 Lester Circle Corona, CA 92883 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 including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs 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 or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1: Item 2: Item 3: Increase Bid Item A-8, remove existing curb and gutter, by 25 LF @ $30.00 per LF. Increase to contract cost. .................................................................... $750.00 Increase Bid Item A-10, full depth bridge AC pavement removal (within the 9-foot participating area), by 8 SF @ $2.50 per SF. Increase to contract cost ....................................................................... $20.00 Increase Bid Item A-11, full depth bridge AC pavement replacement (within the 9- foot participating area), by 281 SF @ $4.25 per SF. Increase to contract cost. .................................................................. $1, 194.25 , Project Name: Carlsbad Boulevard Overhead Railing Improvements and Retaining Wall Rehabilitation { ,oject: # 6016 & 3557 Item 4: Item 5: Item 6: Item 7: Item 8: Increase Bid Item A-26, construct 6-inch concrete curb and gutter, by 75 LF @ $43.00 per LF. Increase to contract cost ................................................................... $3,225.00 Decrease Bid Item A-29, reinstall existing signs, by 1 EA @ $375.00 EA. Decrease to contract cost .................................................................. ($375.00) Apply hydroseed to the disturbed slope areas as directed at T&M. Increase the contract cost ............................................. : .................. $3,600.65 Increase Bid Item No. A-33, repair spalled surface area, by 6 Sf @ $200 per SF. Increase the contract cost. ............................................................... $1,200.00 Repair/replace concrete corner of the east barrier on a T&M basis. Increase the contract cost ................................................................ $4,427.55 TOTAL INCREASE TO THE CONTRACT .................................................... $14,042.45 , Project Name: Carlsbad Boulevard Overhead Railing Improvements and Retaining Wall Rehabilitation P1"oject: # 6016 & 3557 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY TWENTY-EIGHT (28) WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. RECOMMENDED BY: APPROVED BY: MUNICIPAL PROJECTS MANAGER (DATE) CONTRACTOR (DATE) DEPUTY DIRECTOR (DATE) CITY MANAGER/ MAYOR (DATE) DEPARTMENT HEAD (DATE) FINANCE DIRECTOR (DATE) DISTRIBUTION: INSPECTION FILE (ORIGINAL), PURCHASING, CONTRACTOR, DEPUTY DIRECTOR DESIGN CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -CCO # 4 Project No. 6016 & 3557 Carlsbad Boulevard Overhead Railing Improvements and Retaining Wall Rehabilitation Reasons for changes: Department Head Construction Management & Inspection Finance Director~ City Manager/Mayor Construction Management & Inspection Item 1: Approximately ten inches of existing pavement on top of the bridge was not considered during the design of the project. All of the existing pavement must be removed from the top of the bridge in order to maintain the structural integrity of the bridge. An additional 60 feet of existing pavement on both sides of the bridge must also be removed to maintain an acceptable transition for the travel way. The additional work must be completed in conjunction with the overlay to insure quality workmanship and maintain pavement strength. The contractor has agreed to delete Bid Item A-16, grind and overlay AC pavement, because the scope far exceeds the original amount. COST ACCOUNTING SUMMARY Original contract amount $636,300.00 Total amount this C/O ($38 ,025.00) Total amount of previous C/O's $40,957.35 Total C/O's to date $2,932.35 New Contract Amount $639,232.35 Total C/O's as % of original contract 0.46% Contingency amount encumbered $63,630.00 Contingency increase/ decrease $0 .00 Contingency Subtotal $63,630.00 Total C/O's to date $2,932.35 Contingency balance $60,697.65 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 4 Project No. 6016 & 3557 Carlsbad Boulevard Overhead Railing Improvements and Retaining Wall Rehabilitation CONTRACT NO. 6016 & 3557 CONTRACTOR: Beador Construction Compa ny, Inc. ADDRESS: 26320 Lester Circle Corona, CA 92883 P.O. NO. P129659 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 including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs 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 or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following : Item 1: Delete Bid Item A-16, grind and overlay AC pavement (2" depth). Decrease to contract cost. ........................................................ ($38,025.00) TOTAL DECREASE TO CONTRACT COST ............................................. ($38,025.00) Project No. 601 6 & 3557 Carlsbad Boulevard Overhead Railing Improvements ancl Retaining Wall Rehabilitation Cl1ange Orcler No. 4 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE ADJUSTED AS A RESULT OF THIS CHANGE ORDER, BY: OR (DATE) D (DATE) CITY MANAGER/ MAYOR ( ATE) 1 (:;' /~ ----"-+P-1~~.::!.-+L#---\-____:__;::__::, _ _____:~--1 (DATE) 7/~/;r (DATE) DISTRIBUTION: INSPECTION FIL E (ORIGINAL). PURCHASING, CONTRACTOR, DEPUTY DIRECTOR DESIGN CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -CCO # 3 Project No. 6016 & 3557 Carlsbad Boulevard Overhead Railing Improvements and Retaining Wall Rehabilitation Date Routed: ~ t/J/o \ ~ ~ Department Head Construction Management & Inspection Finance Director.QM City Manager/Mayor Construction Management & Inspection Reasons for changes: Item 1: Item 2: Item 3: Item 4: Item 5: The curb and gutter had to be removed in order to adequately align the curb, gutter and sidewalk with the existing bridge improvements. The removal of the curb and gutter is an increase in bid item A-8, Remove Existing Curb and Gutter. The sidewalk associated with Item 1 had to be removed in order to adequately align the curb, gutter and sidewalk with the existing bridge improvements. The removal of the curb and gutter is an increase in bid item A-9, Remove Concrete Sidewalk. The curb and gutter had to be removed in order to adequately align the curb, gutter and sidewalk with the existing bridge improvements. The replacement of the curb and gutter is an increase in bid item A-26, Construct Concrete 6" Curb and Gutter Per SDRSD G-2 (off the bridge in both directions on west side). The curb and gutter had to be removed in order to adequately align the curb, gutter and sidewalk with the existing bridge improvements. The replacement of the sidewalk is an increase in bid item A-27, Construct Concrete Sidewalk Per SDRSD G-7 (off the bridge in both directions on west side). Increase the total contract working days by twenty-five (25) days as a result of additional work perfo~ed in change orders 1, 2 and 3. The total contract working days will be ne hundred five (105) working days. No compensation will be considered for he approval of these additional 25 days. ' Project No. 6016 & 3557 Carlsbad Boulevard Overhead Railing Improvements and Retaining Wall Rehabilitation COST ACCOUNTING SUMMARY Original contract amount $636,300.00 Total amount this C/O $7,817.40 Total amount of previous C/O's $33,139.95 Total C/O's to date $40,957.35 New Contract Amount $677,257.35 Total C/O's as % of original contract 6.44% Contingency amount encumbered $63,630.00 Contingency increase/ decrease $0.00 Contingency Subtotal $63,630.00 Total C/O's to date $40,957.35 Contingency balance $22,672.65 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 3 Project No. 6016 & 3557 Carlsbad Boulevard Overhead Railing Improvements and Retaining Wall Rehabilitation CONTRACT NO. 6016 & 3557 CONTRACTOR Beador Construction Company. Inc. ADDRESS: 26320 Lester Circle Corona, CA 92883 P.O. NO. P129659 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 including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs 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 or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following Item 1: Increase bid item A-8, Remove Existing Curb and Gutter, by 45 LF at $30.00 per LF plus 1% bond of $13.50 for a total increase of $1 ,363.50. Increase to contract cost ............................................................. $1,363.50 Item 2: Increase bid item A-9, Remove Concrete Sidewalk, by 270 SF at $10.00 per SF plus 1 % bond of $27 .00 for a total increase of $2,727.00. Increase to contract cost .............................................................. $2,727.00 Item 3: Increase bid item A-26, Construct 6" Concrete Curb and Gutter per SDRSD G-2 (off the bridge in both directions on west side) by 45 LF at $43.00 per LF plus 1 % bond of $19.35 for a total increase of $1,954.35. Increase to contract cost .............................................................. $1 ,954 .35 Project No. 6016 & 3557 Carlsbad Boulevard Overhead Railing Improvements and Retaining Wall Rehabilitation Change Order No. 3 Item 4: Increase bid item A-27, Construct Concrete Sidewalk per SDRSD G-7 (off the Bridge in Both Directions on West Side) by 270 SF at $6.50 per SF plus 1% bond of $17.55 for a total increase of $1 ,77 2.55. Increase to contract cost.............................. . .. . . . . . . .. . .. .. ... .. ........ $1,772.55 Item 5: Increase the total contract working days by twenty-five (25) days as a result of additional work performed in change orders 1, 2 and 3. The tota l contract working days will be one hundred five (105) working days. No compensation will be considered for the approval of these additional 25 days. Increase to contract cost. ................................................................ $0.00 TOTAL INCREASE TO CONTRACT COST ................................................... $7,817.40 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY TWENTY-FIVE (25) WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. (DATE) 1/u\ \ CITY MANAGER/ MAYOR (DATE) DEPARTMEN ~ 7/d-J;r; FINANCE DIRECTOR (DATE) DISTRIBUTION: INSPECTION FILE (ORIGINAL), PURCHASING, CONTRACTOR, DEPUTY DIRECTOR DESIGN \ CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -CCO # 2 Project No. 6016 & 3557 Carlsbad Boulevard Overhead Railing Improvements and Retaining Wall Rehabilitation Date Routed: Department Head Construction Management & Inspection Administrative Services Director.i V\ City Manager/Mayor Construction Management & Inspection Reasons for changes: Item 1: Item 2: Item 3: Item 4: · Item 5: Remove and dispose of approximately 125 CY of soils at removed medians at the negotiated price for NOPC 001 dated February 17, 2015 resulting from the Response to RF I 006 dated February 13, 2015. Added material and labor to install integral color concrete with seeded aggregate finish at raised median in lieu of stamped concrete on a time and material basis as directed to match existing median hardscape north of the project location. Install and compact 6 to 12 inches of additional fill material at curb, gutter, and sidewalk location on a time and material basis. The existing asphalt pavement outside of the bridge boundaries was expected to be 4· to 6 inches in depth. Actual field measurements found the existing asphalt thickness to be 10 to 18 inches thick. The changed condition required the contractor to remove and dispose additional asphalt concrete for construction of the new curb, gutter, and sidewalk on the west side of the road adjacent to the bridge. The existing asphalt pavement on the bridge was expected to be 4 to 6 inches in depth. Actual field measurements found the existing asphalt thickness to be 8 to 11 inches thick. The changed condition required the contractor to remove and dispose additional asphalt concrete for construction of the new sidewalk and bridge barrier rail on the west side of the bridge. Prnject No. 6016 & 3557 Carlsbad Boulevard Overhead Railing Improvements and Retaining Wall Rehabilitation COST ACCOUNTING SUMMARY: Original contract amount $636,300.00 Total amount this C/O $28,472.95 Total amount of previous C/O's $4,667.00 Total C/O's to date $33,139.95 New Contract Amount $669,439.95 Total C/O's as % of original contract 5.21% Contingency amount encumbered $63,630.00 Contingency increase / decrease $0.00 ContinQency Subtotal $63,630.00 Total C/O's to date $33,139.95 Contingency balance $30,490.05 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 2 Project No. 6016 & 3557 Carlsbad Boulevard Overhead Railing Improvements and Retaining Wall Rehabilitation CONTRACT NO. 6016 & 3557 CONTRACTOR: Beador Construction Company, Inc. ADDRESS: 26320 Lester Circle Corona, CA 92883 , P.O. NO : P129659 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 including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs 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 or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1: Remove and dispose of approximately 125 CY of soils at removed medians. Increase to contract cost. .............................................................. $9,897.69 Item 2: Additional material and labor to install integral color concrete with seeded aggregate finish at raised median in lieu of stamped concrete. Increase to contract cost. .............................................................. $2,632.82 Item 3: Install and compact 6 to 12 inches of additional fill material at curb, gutter, and sidewalk locations. Increase to contract cost ............................................................... $7,676.13 Project No. 6016 & 3557 Carlsbad Boulevard Overhead Railing Improvements and Retaining Wall Rehabilitation Change Order No. 2 Item 4: Additional work for the full depth asphalt concrete (AC) pavement and base removal off the bridge to remove an extra 6 to 12 inches of existing AC. Increase to contract cost. .............................................................. $5,810.64 Item 5: Additional work for the full depth AC pavement removal on the bridge to remove an extra 6 inches of existing AC. Increase to contract cost ............................................................... $2,455.67 TOTAL INCREASE TO CONTRACT COST $28,472.95 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED FIVE (5) WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. A · "f\t.e_..~-SE-RVICE&-s,L().,.. --OIRECTOR DISTRIBUTION: ~ t1 /S- (DATE) (DATE) CITY MANAGER/ MAYOR INSPECTION FILE (ORIGINAL), PURCHASING, CONTRACTOR, DEPUTY DIRECTOR DESIGN (DATE) CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 1 Project No. 6016 & 3557 Carlsbad Boulevard Overhead Railing Improvements and Retaining Wall Rehabilitation CONTRACT NO. 6016 & 3557 P.O. NO. P129659 CONTRACTOR: Beador Construction Company, Inc. ADDRESS: 26320 Lester Circle Corona, CA 92883 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 including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs 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 or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1: Item 2: Item 3: Place an additional fifteen (15) tons of base course asphalt per the Response to RFI 005 as directed by the letter dated February 19, 2015 at the agreed price of $100.00 per ton plus applicable markup per Section 3-3.3.2.3 (6). (See attached Item No. 1 cost summary) Increase to contract cost. ................................................................. $1,650.00 Increase Bid Item A-23 Construct Concrete Median Curb quantity by an additional 23 linear feet based on field measurements of work in place. Increase to contract cost. ................................................................. $1,472.00 Increase Bid Item A-13 Full Depth AC Pavement and Base Replacement (raised medians) quantity by an additional 206 SF based on field measurements of work in place. Increase to contract cost. ................................................................. $1,545.00 TOTAL INCREASE TO CONTRACT COST ................................................ $4,667.00 Project No. 6016 & 3557 Carlsbad Boulevard Overhead Railing Improvements and Retaining Wall Rehabilitation Change Order No. 1 · TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE INCREASED AS A RESULT OF THIS CHANGE ORDER. RECOMMENDED BY: CONSTRUCTION MANAGER DEPUTY DIRECTOR DEPARTMENT HEAD ADMINISTRATIVE SERVICES DIRECTOR DISTRIBUTION: APPROVED BY: (DATE) CONTRACTOR (DATE) CITY MANAGER/ MAYOR (DATE) (DATE) INSPECTION FILE (ORIGINAL), PURCHASING, CONTRACTOR, DEPUTY DIRECTOR DESIGN (DATE) (DATE) CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENT AL PROVISIONS FOR CARLSBAD BOULEVARD OVERHEAD RAILING IMPROVEMENTS AND RETAINING WALL REHABILITATION PROJECT NOS. 6016* & 3557 *FEDERAL AID PROJECT NO. STPLX-5308(018) DBE PARTICIPATION BID NO. PWS15-06TRAN ,., •+;' Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 1 of 143 The special provisions contained herein have been prepared by or under the direction of the following Registered Persons. 6/26/14 REGISTERED CIVIL EN Mark Creveling No. C39483 l'\ •+;' Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 2 of 143 TABLE OF CONTENTS Item Page Notice Inviting Bids................................................................................................................... 7 Contractor's Proposal . . . . . .. . . . . . . . . . .. . . . . . . . . . . .. . .. . . .. . . .. . . . . . . . .. .. .. . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . 12 Bid Security Form..................................................................................................................... 34 Bidder's Bond To Accompany Proposal.................................................................................... 35 Guide For Completing the "Designation Of Subcontractor and Amount Of Subcontractor's Bid Items" and "Designation of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work" Forms.................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Designation Of Subcontractor and Amount Of Subcontractor's Bid Items .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 45 Designation Of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work . . . . . . . . . . . 46 Bidder's Statement Of Financial Responsibility......................................................................... 47 Bidder's Statement Of Technical Ability And Experience.......................................................... 48 Bidder's Certificate Of Insurance For General Liability, Employers' Liability, Automotive ,>ii-~ Liability And Workers' Compensation.................................................................................... 49 Bidder's Statement Of Re Debarment....................................................................................... 50 Bidder's Disclosure Of Discipline Record .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .......... ... .. .. .. 51 Noncollusion Declaration To Be Executed By Bidder And Submitted With Bid .............. .... ....... 52 Contract Public Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Labor And Materials Bond . . . . .. .. . . . . .. .. .. .. . . .. .. . .. . . . . . . . . . . . . . .. .. .. . . . . . . . . . .. . .. . . . . .. .. . .. . . .. .. . .. .. .. .. . .. . . .. . . .. .. .. . 59 Faithful Performance/Warranty Bond........................................................................................ 61 Optional Escrow Agreement For Security Deposits In Lieu Of Retention.................................. 63 ('\ •,;' Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 3 of 143 Part 1 Section 1 1-1 1-2 1-3 Section 2 2-3 2-4 2-5 2-9 2-10 Section 3 3-2 3-3 3-4 3-5 Section 4 4-1 4-2 Section 5 5-1 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 7-10 7-13 7-15 7-16 7-18 7-19 7-20 7-24 7-25 SUPPLEMENTAL PROVISIONS General Provisions Terms, Definitions Abbreviations And Symbols Terms ................................................................................................................ 66 Definitions ......................................................................................................... 65 Abbreviations .................................................................................................... 67 Scope And Control Of The Work Subcontracts ..................................................................................................... 68 Contract Bonds .................................................................................................. 68 Plans And Specifications ................................................................................... 68 Surveying .......................................................................................................... 70 Authority Of Board And Engineer ...................................................................... 71 Changes In Work Changes Initiated by the Agency ....................................................................... 72 Extra Work ........................................................................................................ 72 Changed Conditions .......................................................................................... 72 Disputed Work ................................................................................................... 73 Control Of Materials Materials And Workmanship .............................................................................. 75 Materials Transportation, Handling and Storage ................................................ 76 Utilities Location ............................................................................................................ 77 Prosecution, Progress And Acceptance Of The Work Construction Schedule And Commencement Of Work ...................................... 77 Prosecution Of Work ......................................................................................... 77 Delays And Extensions Of Time ........................................................................ 78 Time of Completion ........................................................................................... 78 Completion And Acceptance ............................................................................. 78 Liquidated Damages ......................................................................................... 79 Responsibilities Of The Contractor Liability Insurance .............................................................................................. 79 Workers' Compensation Insurance .................................................................... 79 Permits .............................................................................................................. 79 Cooperation and Collateral Work ....................................................................... 79 Project Site Maintenance ................................................................................... 85 Public Convenience And Safety ........................................................................ 85 Laws To Be Observed ....................................................................................... 89 Prevailing Wage ................................................................................................ 89 Public Safety ..................................................................................................... 97 Buy America Requirements ............................................................................... 97 Removal of Asbestos and Hazardous Substances ............................................ 97 Subcontractor and DBE Records ....................................................................... 97 Prompt Progress Payment to Subcontractors .................................................... 97 Prompt Payment of Withheld Funds to Subcontractors ...................................... 97 ,, •fr Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 4 of 143 Section 9 Measurement and Payment 9-3 Payment ............................................................................................................ 98 9-4 Bid Items ......................................................................................................... 100 Section 10 Federal Requirements for Federal-Aid Construction Projects .......................... 103 Part 2 Construction Materials Section 200 Rock Materials 200-1 Rock Products ................................................................................................. 115 200-2 Untreated Base Materials ..................................................................... : .......... 115 Section 201 Concrete, Mortar And Related Materials 201-1 Portland Cement Concrete ............................................................................. 117 201-3 Expansion Joint Filler and Joint Sealants ........................................................ 117 201-8 Drill and Bond Dowels ..................................................................................... 118 Section 203 Bituminous Materials 203-6 Asphalt Concrete ............................................................................................. 119 Section 204 Lumber And Treatment With Preservatives 204-1 Lumber And Plywood ...................................................................................... 120 Section 206 Miscellaneous Metal Items 206-7 Traffic Signs .................................................................................................... 120 '°''~ 206-8 206-9 Light Gage Steel Tubing And Connectors ........................................................ 122 Portable Changeable Message Sign ............................................................... 123 Section 210 Paint And Protective Coatings 210-1 Paint ................................................................................................................ 125 Section 213 Engineering Fabrics 213-1 Pavement Fabric Material ................................................................................ 125 213-2 Geotextiles ...................................................................................................... 125 213-3 Erosion Control Specialties ............................................................................. 126 PART3 Construction Methods Section 300 Earthwork 300-1 Clearing And Grubbing .................................................................................... 127 300-9 Geotextiles For Erosion Control And Water Pollution Control. ......................... 127 Section 301 Treated Soil, Subgrade Preparation And Placement Of Base Materials 301-1 Subgrade Preparation ..................................................................................... 128 Section 302 Roadway Surfacing 302-5 Asphalt Concrete Pavement ............................................................................ 128 Section 303 Concrete And Masonry Construction 303-1 Concrete Structures ........................................................................................ 131 303-2 Air-Placed Concrete ........................................................................................ 131 l'\ • ._, Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 5 of 143 303-5 Section 306 306-1 306-5 Section 312 312-1 312-2 312-3 312-4 312-5 312-6 Section 313 313-1 313-2 313-3 313-4 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways .................................................................... 131 Underground Conduit Construction Open Trench Operations ................................................................................. 132 Abandonment Of Conduits And Structures ...................................................... 134 Existing Facilities General ............................................................................................................ 136 Miscellaneous Facilities ................................................................................... 136 Concrete Removal ........................................................................................... 136 Concrete Barrier Removal ............................................................................... 136 Bridge Rehabilitation ........................................................................................ 137 Retaining Wall Rehabilitation ........................................................................... 138 Temporary Traffic Control Devices Temporary Traffic Pavement Markers .............................................................. 140 Temporary Traffic Signing ............................................................................... 141 Temporary Railing (Type K) And Crash Cushions ........................................... 141 Measurement And Payment ............................................................................ 142 APPENDIX A ....................................................................... Resident Notification Example APPENDIX B .......................................................................... Relevant Standard Drawings APPENDIX C ........................................................................... Exhibit 12-8 Caltrans LAPM APPENDIX D .................................................... City of Carlsbad Storm Water Worksheets ,, •+;' Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 PaQe 6 of 143 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON AUGUST 20, 2014, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: The Carlsbad Boulevard Overhead Railing Improvements and Retaining Wall Rehabilitation project consists, in general, of replacing a raised median and concrete bridge barriers, constructing new bridge sidewalks, asphalt resurfacing, and rehabilitating retaining walls and bridge concrete. PROJECT NOS. 6016 & 3557 CARLSBAD BOULEVARD OVERHEAD RAILING IMPROVEMENTS AND RETAINING WALL REHABILITATION BID NO. PWS15-06TRAN This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include the Standard Specifications for Public Works Construction, 2012 Edition, hereinafter designated "SSPWC" as written and promulgated by Public Works Standards, Inc. and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. To comply with Section 11, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are goals for female and minority utilization goals for Federal- aid construction contracts and subcontracts that exceed $10,000: The nationwide goal for,female utilization is 6.9 percent. The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are 16.9. For each July durin/which work is performed under the contract, you and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation ft '-/ Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 7 of 143 required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the Escrow Agent. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: 1. Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work 6. Bidder's Statement of Financial Responsibility 7. Bidder's Statement of Technical Ability and Experience 8. Acknowledgement of Addendum(a) 9. Certificate of Insurance. The riders covering the 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. 10. Bidder' s Statement Re Debarment 11. Bidder's Disclosure Of Discipline Record 12. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $633,009. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and ·, shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does involve federal funds. A General Engineering Contractor, license classification A, is required for this project. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual five percent (5%) retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $35.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on ft ~/ Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 8 of 143 directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. DISADVANTAGED BUSINESS ENTERPRISES (DBE) This project has a goal of 12.5 percent disadvantaged business enterprise (DBE) participation. BUY AMERICA This project is subject to the "Buy America" provisions of the surface transportation assistance act of 1982 as amended by the intermodal surface transportation efficiency act of 1991. The City of Carlsbad hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and '" Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available at City of Carlsbad address and available from the California Department of Industrial Relations' Internet web site at http://www.dir.ca.gov. The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are set forth in the books issued for bidding purposes entitled "Proposal and Contract," and in copies of this book that may be examined at the offices described above where project plans, special provisions, and proposal forms may be seen. Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders of "Proposal and Contract" books. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. PRE BID MEETING No pre-bid meeting will be held . ... '-1 Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 9 of 143 UNIT PRICES AND COMPUTATION BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California ahd whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. A •+;' Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 10 of 143 The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2014-167, adopted on the 8th day of July, 2014. July 15, 2014 Date Publish Date: 7/19/14 ft \./ Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 11 of 143 CITY OF CARLSBAD PROJECT NOS. 6016 & 3557 CARLSBAD BOULEVARD OVERHEAD RAILING IMPROVEMENTS AND RETAINING WALL REHABILITATION CONTRACTOR'S PROPOSAL .2 ., . ~ ~::-.ED: City Council , City of-Carlsbad ,1 ~ 1200 Carlsbad Village Drive ~ 'A) J , /) Carlsbad, California 92008 f ~ rT.,:;.11,::i.,~: ~ ... -, ,"'.""..:: ____ _ ' The undersigned declares he/she has carefully examifled the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Project Nos. 6016 and 3557 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: SCHEDULE "A" BRIDGE RAILING IMPROVEMENTS Approximate Item Quantity Unit No. Descri12tion and Unit Price Total A-1 Mobilization at Not to $ $7,000-$ 57/»0 -0~ ~£\IA..( l"1 OJSl)-c.0 Exceed $57,000 Dollars as a Lump Sum .oo .tf),) A-2 Storm Water PoHution Control LS $ ! r;_ i>o o $ t5, 1)00 and Erosion Con;tat ,blf f::.e-e.•'\. .)~tt....,J Dollars as a Lump Sum A-3 Traffic Control at LS $ 72. ,S:J ,r'"s-$ 71,)i1Cf•L~ ,, <•~f!J t-"', r-Ly,..,J {j;,' b ✓tJ.,cJ n,'brt7i Mi'fu{ -i. oc Dollars as a Lu p Sum A-4 Sawcut Existing Pavement at 1,765 LF $ 3.00 $ 52-,") S:D u ,tuie. £ __ ... , .. Dollars per Lineal Foot A-5 Clear and Grub Existing 3,600 SF $ 4.'2..$' $ l5",3lt),OO Landscapiniat 'Z5"( G2v4.-... (Ov ~ !3 I Dollars per Square Foot ., ~~ Revised 4/1 7 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 12 of 143 Approximate Item Quantity Unit No. Oescri~tion and Unit Price Total A-6 Remove Existing AC Berm at 375 LF $ c,.oo $ 3375:00 Kr "-lE?:° <• • M• ••• .,,., • ............. ____ Dollars per Lineal Foot A--7 Remove Existing Median Curb, 810 LF $ (j,CIO $ 6460.0 D Gutter, and Concrete Strip at .. -~t,...e .,-- Dollars per Lineal Foot A-8 Remove Existing Curb and 50 LF $ ~D.Ov $ I S-Z,~ ,u;:> Gutter at l-(,{1-f Dollars per Lineal Foat A-9 Remove Concrete Sidewalk at 815 SF $ /fl .ov $ e,,so.oo ___ :n-t Dollars per Square Foot A-10 Full Depth Bridge AC Pavement 2,230 SF $ --z...SD $ s-s-,s--.ov Removal (within the 9' participating area) ~/i _']½?_i> A..f,f) /(X) --····--···- ·-----··••'-"""' ·····---Dollars per Square Foot A-11 Full Depth Bridge AC Pavement 875 SF $ 4.2-~ $ 3-,,e.1r- Replacement (within the 9' participatin~ are4! at __ 1oc.:>CZ.. ~ ~Jc).) Dollars per Square Foot A-12 Full Depth AC Pavement and 820 SF $ ,.oo $ ~ '740.00 Base Removal (raised medians) at ~f\f~ Dollars per Square Foot A-13 Full Depth AC Pavement and 4,430 SF $ 1-W $ ? 3, z 2--S: 0 J Base Replacement (raised medians) at r ·-fCtvt-1.. '-~J,w Dollars per Square Foot -· l'. •+i Revised 4/17/13 City of Carisbad Project Nos. 6016 & 3557 Page 13 of 143 Item No. A-14 .Q~scription Full Depth AC Pavement and Base Rerrioval (off the bridge at \ \AJO \ ,.,,I OU ··-. Dollars per Squar~ Foot A-15 Full Depth AC Pavement and Base Replacement (off the bridge) at z.k:yeV\ . ----------Dollars per Square Foot A-16 Grind and Overlay AC Pavement (2" Depth) at ...P...Y..~ 't 50/,oe Dollars per Square Foot A-17 Remove Existlng Wood Post at \ Wo \\\U'.\d.VeJ t==i f~ Dollars Each A-18 Remove Existing Inlet and Install Cap at J:. v'l,. \4µ,w;l~J Dollars Each A-19 Excavate and Fill at !v>ot. ~ --... ~ ----·--•··---------Dollars per Cubic Yard A-20 Remove Existing Water Valve at Dollars Each A-21 Adjust Gas Valve to Finish Grade at ~., ~--· ~ Nt\v-u ~~f\.'f Dollars Each Approximate Quantity and Unit 4.430 SF 1,025 SF Unit Pr:ice $ J,..7o $ IJ. (10 25,350 SF $ I-")D (Non-Participating Funding) 3EA 5EA 40CY $ jo,uo 2 EA $ ~.sQO· "° (Non-Participating Funding) 3 EA $ '8so.c:i- (Non-Participatin9 Funding) {' • .., Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Total $ II. 'ti, l· Vi> • ,...- $ '.3'6, oZ.':>. $ 750· ~Q $ ;2 500.0• , $ 3. (qoc,. 00 • $ 5 QQ'[).oo I Page 14 of 143 Approximate !tern Quantity Unit No. Description and Unit Price Totat A-22 Construct Curb Ramp per 2 EA $ 1 ,,:go.~--$ 3,{:PoY'" SDRSD G-27 at (Non-Participafing Funding) ON~ :Ibov.~~ vtd 'R~cf ___ .. H:..~r--eJ Dollars Each A-23 Construct 6" Concrete Median 185 LF $ &1,~ $ 1/, 8_1:IP · t>O Curb per SDRSD G-6 Type B-1 at ~~~bi -Eo"'-v Dollars per Lineal Foot A-24 Construct 6" Concrete Median 12 LF $ !p.. "" $ 5Do/, ou Curb and Gutter per SDRSD G-6 Type B-2 at 'F"(~ -·hv I.> Dollars per Lineal Foot A-25 Construct Stamped Concrete 745 SF $ 13. !71> $~ (tf>->• dO Median at ~\d~~tl Dollars per Square Foot A-26 Construct 6" Concrete Curb and 416 LF $ 1/3,oo $ /7, ees. ~ Gutter per SDRSD G-2 (off the bridge in both directions on west side) at t:="~-\.¼\".(.~- Dollars per Liri-eal Foot A-27 Construct Concrete Sidewalk 2,728 SF $ (e,So $ I], 7.3.;l ,oo per SDRSD G-7 (off the bridge in both directions on west side) at 'S; X ; S-0/ llll . Dollars per Square Foot A-28 Furnish and Install Traffic Sign 1 EA $ 5t:P.(X) $ 500·00 at Flv~ ~-'-4.~£lv(d Dollars Each .,.. "-., Revised 4i17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 15 of 143 Item No. A-29 Description Reinstall Salvaged Signs at ~r~~·-.t'-,u,&r'1-d Se~nkt_ ".'. .... 8~ ... ------Dollars Each A-30 Install Striping and Pavement Marki?9s at 6u, Dollars per Lineal Foot A-31 Remove Concrete Barrier at :th,,\.\., -f t,ht Dollars per Lineal Foot A-32 Construct Concrete Barrier (Type C411 Modified) with Sidewalk at Thi« Hwvl.,e.J S,x.J~ Dollars per Lineal Foot A-33 Repair Spalled Surface Area 1Wc> M:~ ()(UII{) Dollars per Square Foot A-34 TAS! Flagman at Seventy-Three Dollars per Hour Approximate Quantity and Unit 4EA 1,250 LF 364 LF 364 LF 25 SF 420 Hours Stipulated Amount Unit Price $ 3~ $ '-f.00 $ U;;O.oo $ 73.00 Total $ ,, 500 . D,<) _ .vV $ > ,ooo $ I ?>I DI/D·w $ 5000.00 $30,660 Total amount of bid in words for Schedule "A": bY!. ~J ,,,_j ;--c d £,.ft Jj .$r )c fhc JSctc, d el<f}A-i t l'-ond, C. J ~ "" Total amount of bid in numbers for Schedule ''A": $ 5 S-0 . ~ ()O --~-=--=---+,--"""---------- .... ~, Revised 4i17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 16 of 143 Item No. B-1 SCHEDULE "B" RETAINING WALL REHABILITATION Description Mobilization at '\ \,\,) .11. • ~ 1-\ lr~·------~0M--~£ .. .J~NJv-Yb Dollars as a Lump Sum Retaining Wall Rehabilitation at f~:~~:lJ £e verL ___ _ Dollars as a Lump Sum Approximate Quantity and Unit Not to Exceed $2,500 Unit Pric~ -oO LS $ 77 ooD - (Non-Participating F~ $ .:2. 500 ·"c.) . Total amount of bid in words for Schedule "B": -~S;,,£-'e"-v'=--='-v_n_f'--J-1--Li:'.\lL, 'L1i.._e~ _ _,fLhL,._.o"-0=-=J_a:...:n_:_:,:,_J __ Cve. hvV\Jrd Total amount of bid in numbers for Schedule "B'': $ __ 7+-q~; .. S::....:--0::;..o _________ _ Total amount of bid in words including Schedule "A" and Schedule "B": _________ _ s l,)c h J ,.Jrcd tL i rf J s;,' IC a D "&-~ d' JI-,, C C kz a ,.J n:-r/ Total amount of bid in numbers including Schedule "A" and Schedule "B": $ "3'2 > Joo The basis of award will be the sum of Schedule "A" and "B~. Price(s) given above are firm for 90 days after date of bid opening. Addendum(s) No(s). __ =o'-· ____ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20} days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be fotieited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 7 ~ 04 B3 , classification A which expires on 1\2,\\) lf , and that this statement is true and correct and has the legal effect of an affidavit A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.1 S(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§ 10164 . . ~ ~, Revised 4/17/13 City of Carlsbad Pro.iect Nos. 6016 & 355 7 Page 17 of 143 Check a License -License Detail -Contractors State License Board Page 1 of2 DEPARTMENT OF CONSUMER AFFAIRS Contractors State License Board Contractor's License Detail -License # 720483 £ DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. ·• CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. -• Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. -• Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. -• Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity Issue Date Reissue Date Expire Date License Status Classifications Bonding Workers' Compensation 720483 BEADOR CONSTRUCTION COMPANY INC Business Phone Number: (951) 674-7352 26320 LESTER CIR CORONA, CA 92883 Corporation 03/26/1996 07/16/1998 07/31/2016 ACTIVE Extract Date 8/21/2014 This license is current and active. All information below should be reviewed. CLASS A DESCRIPTION GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed a Contractor's Bond with FIDELITY AND DEPOSIT COMPANY OF MARYLAND. Bond Number: LPM762E3890 Bond Amount: $12,500 Effective Date: 04/04/2012 Contractor's Bond History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) BEADOR DAVID ALLEN certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 07/16/1998 WORKERS' COMPENSATION https:/ /www2.cslb.ca.gov /OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=72... 8/21/2014 Check a License -License Detail -Contractors State License Board Miscellaneous Information This license has workers compensation insurance with NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Policy Number: WC49342321 Effective Date: 01/15/2014 Expire Date: 01/15/2015 Workers' Compensation History DATE 07/16/1998 DESCRIPTION LICENSE REISSUED TO ANOTHER ENTITY Personnel List Conditions of Use I Privacy Policy Copyright © 201 O State of California Page 2 of2 https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=72... 8/21/2014 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder :Beodov Coosh:u t.fi<n C.0rh(X!O~, Inc-, proposed subcontractor _____________________ , hereby certifies that he has__i. has not __ , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling-- requirements Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt) Currently, Standard Form 100 (EE0-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1. 7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. ,, •tr Revised 4117/13 City of Carlsbad Project Nos. 6016 & 3557 Page 18 of 143 PUBLIC CONTRACT CODE PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285, 1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has __ has not...$-been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the ProposaL Signing this Proposal on the signature portion thereof shalt also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes __ No_x_ If the answer is yes, explain the circumstances in the following space. r. • ., Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 19 of 143 PUBLIC CONTRACT CODE 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. l' •;i Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 20 of 143 , .. DEBARMENT ANO SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATiONS. PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. "' •+' Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 21 of 143 NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan. or cooperative agreement 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement. the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts. which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly . . , ~., Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 22 of 143 DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVll l!:::.S PURSUANT TO 31 U S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: :f · Report Type: lliJ a. UJntract IE a. bid/offeriapplic;ition ~ a. initial b. grant b initial award b material change c. cooperative agreement c. post-award d. loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity ~ Prime D Subawardee Tier ____________ , 1f known Congressional District, if known 6. Federal Department/Agency: tJ" I 8. Federal .Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, Ml) For Material Change Only: year __ q1,arter ___ _ date of last report ___ _ 5. If Reporting Entity int-Jo. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known 1. Federal Program Name/Description: CFDA Number, if applicable ________ _ 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, Ml) (attach Continuation Sheet{s) if necessary} 11. Amount of Payment (check an that apply) S ______ o Actual 0 planned 12. Form of Payment (check all that apply): D a cash D b, in-kind: specify: nature _____ _ value _____ _ 13. Type of Payment (cnec~ all that apply) a. retainer b. one-time fee c. commission d. contingent tee e deferred f, other. $pecjfy __________ _ 14. Brief Description of Services Perfonned or to be perf0ffl'I~ and Oate(s) of Service, including officer(s), employee(s), or memberts) contacted, for-Payment Indicated in Item 11: 15. Contim.1ation Sheet(s) attached: Yes D 16. Information requested thtough this form 1s authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into This disclosure is required pursuant to 31 U S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10.000 and not more than $100,000 for each sucl'I failure. Federal Use Only: Standard Form LLL Rev. 09-12-97 .!"\ No Print Name: V Y"" Title:-Y-ce s.. \ dID \-I Telephone No.: qs:_\_~l~_ l ~5-~--Date ~I l_~u_'l_ 1 Authorized for Local Reproduction Standard Form -LLL 1111tii, Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 23 of 143 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1) Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2) Identify the status of the covered Federal action. 3) Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4) Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants_ 5) If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District. if known. 6) Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7) Enter the Federal program name or description for the covered Federal action (item 1 ). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8) Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB} number, grant announcement number, the contract grant or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9) For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10) (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action_ (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml}. 11) Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply_ If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12) Check the appropriate box(es) Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment 13} Check the appropriate box(es). Check all boxes that apply. If other, specify nature. {'\ •+r Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 24 of 143 14) Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s} or Member(s} of Congress that were contacted. 15) Check whether or not a continuation sheet(s) is attached. 16) The certifying official shall sign and date the form, and print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources. gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). ft ~J Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 25 of 143 CITY OF CARLSBAD BIDDER -DBE -INFORMATION E.X.IIIHIT 15-G I .()CAL A<;ENCY BIDDER DBE COMMITMl~N r (CONS'I H.U 'I JO~ CONTRA(TS) NOTE: PLRASE REFER TO INSTRUCTIONS ON TIIE 1.mv1ms1,: sum OF TIIIS FORM l.f!( 'Al. A<il:N( Y: 1'[{(1,ll;l'I T,lLS(.'HWI ION· . --.. -------I .()(';\'I ION· ___ _ P@J11.~r ,.J.o. '.; ,o, b , ---·-·····~-···-·--· -.... I n >"I 1\1 l 'ON'! IU\l ''l /\MOUNT: $ h¼,~o _____ _ -·-----------------------------·-·- iii/) I>/\ l'F 6-7..D-14 ____ ,, _______________ .... IHDDl:l<'S NAMI' ____ t?>~-----~~~G-n-1, Cl>MPft,J..( ,_iNL. ----------------·----------- t 'ON'i'l<I\( T DBE (iOAL: 'ONTRA_(_v1----.-1'1-'l'._M_(_)l-, _W_O_R_K_A_N_l_) _lJ_l'_Sc-:R_I_P'f0IOr:;·~ 1)BE CERT NO ITl'M NO. OR Sl-ltVl('ES TO BE \NO EXl'!Ri\TION SIJIICON'!'IVICTr:D OR MATl·.Rli\LS DAT!' I'() Bl: PROVIDED (ur ,;,ln(ra,;tcd if the I t>icldcr i~ a DBI~) .~?.-: -~ttDL-Sf'2tP1,a4 ~~ ... p-~i,,~4 '°,1, 6,e:, ~~.,~., \ t\\b8t 1..4 ~-"mu~~ ll-GMC:--1"W~,_.4 __ _ For Local Agency to Complete: Lucal /\::ency Cot11rae1 Nnmhcr: ___ . Fc<krnl-ai(I Pro_iccl Numhcr ----------- F cdcral Share o,nuuc1 Award Date --------·-···-.... ~ ... ... ------------ 1.ncnl Agency certifies 111,ll all DBI: ccrlilicaticins have been vcrilicd and infonnalion ts cm11plctc nml u.:cur~tc. _______ .. -----------·-----Print Name Signalurc I Mc Local A:,:1·11<-y Rc1)1,~c111a1ivc (/\r~a (.\>di!) Tdq,hon~ Nuntbn: ------ Nt\ME OF l.'Al"I I Dill· POI.I.AR AMOUNT (Mus1 bi; c.:c,111kd on the da1c.: hids 1>111' arc opened• incllll.h: DBE addn:~s ~,n<l phone numh~r) T,11al Claimed Dill' l'anicipalion $ 1,,51,4.oD % ,__ ___ _ /'") 1 i o v,____... ______ .. Signaltft!'t'H"IJTdd.Jf. _ e{z.. (14: ll<1N 1)&1.0 A-~=---=---Pcrson h• Co1ll;lt,t (Plcus~ Type or Prinl) J,ocal J\µc11cy fiidllcr DDl;,Con11111f1nonl (Cou!ilrnt;lmn Crn111acls) I Rev ()/2(>/l)'l) Distribution (1) Copy -Fax or scan a copy to the C0ltrans District Local Assistance Engineer (DlAc) within 30 days of contract execution. Failure to send a copy to the OLAE within 30 days of contract execution may result in de-obligation of funds for this project (2) Copy -Include in award package to Caltrans District Local Assistance (3) Original -Local agency files •• ~, Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 26 of 143 INSTRUCTIONS -LOCAL AGENCY BIDDER DBE COMMITMENT (CONSTRUCTION CONTRACTS) ALL BIDDERS: PLEASE NOTE: This information may be submitted with your bid. If it is not, and you are the apparent low bidder or the second or third low bidder, it must submitted and received as specified in the Special Provisions. Failure to submit the required DBE commitment will be grounds for finding the bid nonresponsive The form requires specific information regarding the construction contract: Local Agency, Location, Project Description, Total Contract Amount, Bid Date, Bidder's Name, and Contract DBE Goal. The form has a column for the Contract Item Number and Item of Work and Description or Services to be Subcontracted or Materials to be provided by DBEs. Prime contractors shall indicate all work to be performed by DBEs including, if the prime is a DBE, work performed by its own forces, if a DBE. The DBE shall provide a certification number to the Contractor and expiration date. Enter the DBE prime's and subcontractors' certification numbers.The form has a column for the Names of DBE contractors to perform the work (who must be certified on the date bids are opened and include the DBE address and phone number). IMPORTANT: Identify all DBE firms participating in the project regardless of tier. Names of the First-Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. There is a column for the DBE participation dollar amount. Enter the Total Claimed DBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the DBE, describe exact portion of time to be performed or furnished by the DBE.) See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions (construction contracts), to determine how to count the participation of DBE firms. Exhibit 15-G must be signed and dated by the person bidding. Also list a phone number in the space provided and print the name of the person to contact. Local agencies should complete the Local Agency Contract Award, Federal-aid Project Number, Federal Share, Contract Award Date fields and verify that all information is complete and accurate before signing and filing. ,, •+' Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 27 of 143 DBE INFORMATION--GOOD FAlTH EVFORTS Exhihil 15-11 DBE hil(innalion -Good 1:ailli l;:'.fforls Federal-aid Project No. Sf-XL't ~ 530'.o ( of.&)._,, ... Bid Opening Date .. 8 /;i.0/1./ __ _ Tilt: . s_;j,ty pf Carlsbad established a Disa<lvai1taged H11si11c~i; Enterprise (Dl~I~) goal of /~:_'G' % frw thi~ prl~jecl. The information provided herein shows that a good faith erfbrt w11s madc. Lowest, sewnd lowest nnd third lowest bidders slu1ll ~ubrnit thi; following inl'cinnm.ion to documc,\t adequate good faith cff6rls. Bidders should submit the following information even if' the ·'Local Agency Bickler DBE (\immitment" form indicates that the bidder has met the DBE goal. This will protect the bidder's eligibility fr,r award of the contract if' Lhc administering agency detennines that the bidder foiled to meet the goal for various reasons, e.g,., a l)[3E firm wa!:i not Ct;;rtified al hid opening, or the bidder made a malh<.:matical error. Submittal or only the "Local Agency 13idder DBE Commitment" rorm may nol provide sufficicn! documentation lo dc::moMlratQ that adequate gllod foilh efforts were made. The following items arc lislt\d in the Section entitled "Submission of DBE Commitment" of the Special Provision:,: A. The names and dates oi' each publication in which a request for Dl3E p~H'tieip<ltion for this projed was placccl by the bidder (please attach copies of advertisements or proofs of publication); Publicatiom; Dules or Advertisement B. The names und dates o['written notices sent lo certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DB Es were inkrested (please attach copies of solicitations, telephone records, fax confirrnatiom;, etc.): Names of DB Us Solicited Date of Initial Follow Up Methods and Dates 1iJ!j" C. The items or work which the bidder made available lo DBE firms including, where apprnpriatc. any breaking down of the contract work items (including those items nom1ally performed by the bidder wilh its own forces) into economically feasible units to facilitate DBE participation. It is tbe bidder's responsibility to demonstrate that surlicient work to focilitale DRE participation was made available to DBE firms. [terns of Work D. l' •~ Revised 4/17/13 Bidder Norma!Jy Performs Item (Y/N) l3rcttkdown of' Items City of Carlsbad Project Nos. 6016 & 3557 Amount ($) Percentage Of Contract Page 28 of 143 Names, addn.:sses and phone numbers of re:icctccl DB Es and lhc reasons for the bidder'::; rejeetiu11 of'llti.:: DI3Es: ... ····-------- Names, addresses and phone numbers of lirm:-;;elected for the work above: ~c. 'S\:~,.,~ Zo ilor r,pt?/0, S .. ,:, __ ~•~)o,O. 9~_16,o ~St.o ,afl7 Lc«(ot\dt. r·,as.:b\ Al, P«lo, n.,._ S.')MI ffHtp, f02JT, S:t.+·9:fCS::•"o,[t"" J(,~~.i,su, Tnc.4,¼f Po g.., 11 .;,.7 ~'! f/•h, O,, r1 r ft,/!_"'°' .,;r12. L--m.s T@rtpwt 1no '1J,u;iv Pr, 1111,. l,,,,.,._ .. a .. ~11 2 S3 9n ~" , .-, c.. E. E1forts made to assis1 interested DB Es in obtaining bonding, lines of credit or insurance, and any technical assistance or infonnation related to the plans, specifications and requirements f<Jr the work which was provided to DB Es: -------·-·--· -------------- --•M•>• --------------------- F. Efforls made to assist intcrcslcd DREs in obtaining necessary cquiprnenl, impplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: ----··------------------------------ G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of re4uests to agencies and any responses received, i.e., lists, lntemet page download, etc.): Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts (use additio11al sheets if necessary): NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY . . ~ '-I Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 29 of 143 DBE Solicited Date of Solicitation Follow Up Methods Follow Up Methods and Dates Provided quote Hard Hat Sweeping 8/18/2014 IPhone/email 8/18/14, 8/19/14 y JP Sepulveda Trucking 8/18/2014 'phone/email 8/18/14,8/19/14,8/20/14 N WS TRANSPORT 8/18/2014 phone/email 8/18/2014 Y "' ~grlty Rebar Placers 8/18/2014 phone/email 8/18/14,8/19/14,8/20/14 N Lalonde 8/18/2014 phone/email 8/18/2014 Y DSS Sweeper 8/18/2014 phone/email 8/18/14,8/19/14,8/20/14 y Kissinger Trucking 8/18/2014 phone/email 8/18/14,8/19/14,8/20/14 y California Commerical Asphalt 8/18/2014 phone/email 8/18/14, 8/20/14 y OM Trucking 8/18/2014 phone/email 8/18/14,8/19/14,8/20/14 N JP Sepulveda Trucking 8/18/2014 phone/email 8/18/14, 8/19/14, 8/20/14 N Local Assistance Procedures Manual Exhibit 12-B Bidder's List of Subcontractors (DBE and Non-DBE) EXHIBIT 12-B BIDDER'S LIST OF SUBCONTRACTORS (DBE AND NON-DBE) PARTI The bidder shall list all subcontractors (both DBE and non-DBE) in accordance with Section 2-1.054 of the Standard Specifications and per Title 49, Section 26.11 of the Code of Federal Regulations. This listing is required in addition to listing DBE Subcontractors elsewhere in the proposal. Photocopy this form for additional firms. Firm Name/ Phone/ Address/ Fax Citv, State. ZIP Name Phone I ..ht S 'f r4"S DtJY f q~, -c,111- Address ~ ~~ 3t.• o W"'lct.~v-p.,-. Fax City State ZIP 'In .K Yh,rr:.. c ,......_ c.. q 1'1~ ,ca,.2- Name Phone ~ \SSlV1A,v· T.,.., ~ l ~ (fl'f •(aCcla - Address -I J u4i~-z '\)o Uo~ lj).-, Fax ~ ez::ate zr {\. ~ C,,t1-(cfa.O-'i6~ lt. \ ._ 1 "7c; Name Phone "'S"I~ Lcln.Je. ,., ".2 - Address ~"~ ~-so'b ft/. Pal-D"°~\l'L Fax '5<, ;l. City State ZIP c:; '7 ', -a 2> .7) ~-i.,,, ... ,.1 u.";. \\ l\.. qo,ef Name Phone c--,!..;!.. .. l'M 4. C'\ •.. \tu1 . eses .. o c.~ Address • r() 'i2AJI, , .. -1,0 Fax City State ZIP 40 '>8 Sia o p.,-g Sec" °' b..... (\ Q ... ,t.,.,. Distribution: I) Original -Local Agency File DLA-OB 13-0~ Annual Gross Receipts Description of Portion of Work to be Performed < $1 million --r-.... ,-Jr: .... < $5 million v < $10 million < $15 million > $15 million < $1 million r-f"v-. • IL 1.1,. "\t.,.. ' i'> .... t')r,. < $5 million < $ J 0 million < $15 million > $15 million LJ < $1 million :;:.,.. '1 -----" o_ ... i I$ < $5 million . < $ l 0 million < $15 million > $15 million <$1 million •~cCLt,. CfVll-o t . < $5 million C"-; .. ; _,. < $IO million . ~ .... __ ~ < $15 million l~v~~ ~~~-• > $15 million Local ~ency Use Only (Certified DBE?) _I lYES I lNO If YES list DBE #: Age ofFirm (Yrs.) I l YES llNO If YES list DBE #: Age of Finn (Yrs.) •YES ~- IINO ilYES list DBE#: Ae:e ofFim1 (Yrs.) I lYES -•NO ff YES list DBE#: Age ofFirm (Yrs.) Pagel of2 August 12, 2013 Local Assistance Procedures Manual Exhibit 12-B Bidder's List of Subcontractors (DBE and Non-DBE) EXHIBIT 12-B BIDDER'S LIST OF SUBCONTRACTORS (DBE AND NON-DBE) PARTII The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms. Firm Name/ Phone/ Address/ Fax City, State, ZIP Name Phone 1"'1-r...,~ °'i:?.t...... '";)f,.,_,d•5 <if"I <,~<, wt '/ 3 Address J -:J<l'r /Vqndirv.. A~ Fax City State ZIP q '{"I ',ti J ~,.. ... ;.. Cit_ q ;>(S7 I -,77)- Name Phone 11'. s~ S1.v c-e.CY ; l.tk.kc' T r.._,_J. ?IA.(} ;l-0(7 Address 7 ~"'" l{t./l/ ~"' ffl,,,d (' ,•re/~ Fax City State ZIP f h ... k (hq C: f\~ q >ft,)(, Name Phone (1,.,J;f;,.,,,,.,'& (',_hlfl'ter'Ci'J ,Ar ~k f/ 8 $"fb-!." I.J Address _,_ ,, C/;)C fa,.-•--C' .. 111, Fe. Fax City State ZIP ~ -a°' ..... C. '7 ~1~1 Name V Phone s",.. ~.a. ,~,~) Ir. e P~~o f.t I '1 l/ i," Address '1~</ 1x> Al SP /",wt.J. A~ Fax C~:tZIP (,q I 'i I.{ ;;l 7 I~ 1/t'',J.c d4 q 191 0 I~ ;i..o Distribution: I) Original -Local Agency File DLA-OB 13-0~ Annual Gross Receipts Description of Portion of Work to be Performed < SI million ~~h.y' < $5 million < $10 million < $15 million > $15 million < $1 million 't,1 IL(.,""~ < $5 million < $10 million < $15 million > $15 million < $1 million A"S.,,,J..,.,J l, fYlM<¥l'J < $5 million I < $IO million < $15 million > $15 million 0 < $1 million -f ..-a. Fr.{;.. C}c,n.f-iro I < $5 million \ c'<a, 5 < $10 million "i1-.n.•o;-~"I < $15 million > $15 million Local Agency Use Onl:t (Certified DBE?) I IYES IINO If YES list DBE #:~ A~e ofFinn (Yrs.) , •YES - IINO If YES list DBE #: Age ofFinn (Yrs.) .. •YES .,........ . IINO ·-If YES list DBE#: Age ofFirm (Yrs.) I WES -. -';" : I INO If YES list DBE #: Age ofFirm (Yrs.) - Page 2 of2 August 12, 2013 Local Assistance Procedures Manual Exhibit 12-B Bidder's List of Subcontractors (DBE and Non-DBE) EXHIBIT 12-B B IDDER'S L IST OF SUBCONTRACTORS (DBE AND NON-DBE) P ARTII The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms. Firm Name/ Phone/ Address/ Fax City, State_, ZlP Name Phone ~o Uo. ... ~ (-k4 Swe~oi"l\ ',l,i'.l-;a Q Address Jf ~f- --,q-,<, !'33~µ., ~ Fax City State ZIP ,~~ <i'fl} Wk ;-tt,'iv ~ "i' O<, • I 817'7 Name ~~'?fe~ ~ "hM. ,-ot"\&.<,tA)..\ g1JS6 Address - ,~7~ w-t~• Lt,. C. Fax 9.;,.1 City State ZIP G{ 7/'f A~;.-C~ q ~J 0 7ftf•O Name Phone .., \~ s~," I ..,.1Jc.. Tr11.c-~'~ 7/'-/ 7t. Address '')..4c/ :l.781 u> w ,'.,J,,,., -, 1-A~ Fax ._,,'{ City State ZIP . ~;a.'f c;-1, st./ ,L. L -' ~ flA q .;a.8c.>'/ Name Phone 9 2.. P.-.v~""'eM' DD1tulfl1'>1.c. SV~t')IJ <;r t 4' Address ~ , /Of( JO ~<{b ~n S t'\n:i. ~n ~ ""-t Fax ,:;:ti-I sity State ZIP ~ q pf"2,., uez /t>fr/ 14.ruLJ( IJ 4 l/41,., Distribution: I) Original -Local Agency File DLA-OB 13-0~ Annual Gross Receipts Description of Portion of Work to be Performed < $1 million ,,-,. "' , Jc.,• It fr < $5 million i ~.,.4'!-f-S'°w•• . .,,..V'" On ... L I < $10 million < $15 million > $15 million <$1 million ~ .. 1'1'1A < $5 million . ,,. I_ ' -. < $10 million ... < $15 million > $15 million < $1 million .+YL4.c...k _; ~. < $5 million -:_; < $10 million < $15 million > $15 million < $1 million At' 1:1,.,,; ,,.,J Y 4 Vi' rlJ.ttt./- < $5 million < $10 million < $15 million > $15 million Local Agen!a'. Use 0 !ll~ (Certified DBE?) I lYES I INO if YES list DB.E #: Age ofFirm (Yrs.) I IYES IINO LfYES /isl DBE#: Ag,e ofFirm (Yrs.) I IYES -- I lN0 If YES list DBE#: Age of Firm <Yrs} I lYES -- - ONO ' ff YES list DBE#: Age of Finn (Yrs.) Page 2 of 2 August 12, 2013 Local Assistance Procedures Manual Exhibit 12-B Bidder's List of Subcontractors (DBE and Non-DB__!:J EXHIBIT 12-B BIDDER'S LIST OF SUBCONTRACTORS (DBE AND NON-DBE) PARTII The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this fonn for additional firms. Firm Name/ Phone/ Address/ Fax City, State, ZIP ~f Phone s t/ f-)anJ e~o 3 Address br 7S-P 0()0 S. MAl in Fax9~-J ~State ZIP -1Z8~~ ;z.. 8 O '" 311 Oygtrtc.c. C:\ Name Phone <I 7 Sf.o~tf'I ~&'" Rwnnt~ 5,.('L .J ?>I o 3 Address 8 113 'Po ih,c ~.,,s-s Fax >7"f City State ZIP 3JO L u~ Avi.c..-ele>. ~ 9 t7f :>-'< 8 '11 "3 Name Phone S J-i,u..,-r ~ n"' ;-,.-,r,Y1.1 fl Jq ~'i i Address JOii> -z '!T;.-r hie f,._,,.J;...,,.., 7:>.,.. Faxt.,/'i City State ZIP --. )..<;f, q.;l..14,-~ ~)9iC'I ~ e, >k!#!:l Name lAJ m P, 1 A' SI C,t'd<-S /hone ~{ 4 t;'3 Address ';)4.,-f o,-. ?-.cf 12.J 8 -;J.."2CJ::11 Fax jd ~Stat~{IP q ;).}13 'l,/D (43J ;;J. 1/("""tt.r-£ ,-~ y'"Ylc u C. Dist1ibution: I} Original-Local Agency File DLA-OB 13-0t Annual Gross Receipts Description of Portion of Work to be Performed 0 < $1 million I 'o,, "v,.k ~J < $5 million Jxs, /;::.,·~, ~-a..( < $10 million < $15 million > $15 million < $1 million ~ l.1.1"::Jef' < $5 million < $10 million < $15 million > $15 million I < Sl million /" ........ r/--,"'t-km---, S u ..-.,,1,,i'r,... < $5 million , J < $10 million < $15 million > $15 million < $1 million j'lru,,, J~ c.fft>h tSfr..k_,-..... < $5 million - < $10 million < $ I 5 million > $15 million Local Agenc}'. :U~e On!~ (Certified DBE?) I IYES IINO - If YES /isl DBE #: ~ Ae:e ofFirm (Yrs.) r lYES -- - f lNO - If YES list DBE #: Ae.e of Firm (Yrs.) 1-lYES -. IINO JfYES list DBE#: Age ofFirrn (Yrs.) r lYES IINO If YES list DBE #: Ae:e of Firm ~Yrs.) Page 2 of2 August 12, 2013 Local Assistance Procedures Manual Exhibit 12-E Bidder's List of Subcontractors (DBE and Non-DBE) EXHIBIT 12-B BIDDER'S LIST OF SUBCONTRACTORS (DBE AND NON-DBE) PARTII The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms. Firm Name/ Address/ City2 State, ZIP Address qo{'" 'l Address City State ZIP Name Address City State ZIP Namt Address City State ZIP Distribution: I) Original-Local Agency File DLA-OB 13-06 ? Phone/ Fax Phone 1#19 "'' 7'1/( Fax ~,~ 4~< I 7'-( 'fO Phone Fax -Phone F(1)/. -Phone Fax Annual Gross Receipts < $1 million < $5 million < $10 million < $15 million < $1 million < $5 million < $10 million < $15 million > $15 million < $1 million < $5 million < $10 million < $ 15 million > $15 million < $1 million < $5 million < $10 million < $15 million > $15 million Description of Portion of Work to be Performed Page .2 of2 August 1.2, .2013 \,. The Undersigned bidder hereby represents as follows: 1) That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2) That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is _____________ (Cash, Certified Check.Sr Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted----------------~~ (2) Signature (given and surname) of proprietor~----------------- (3) Place ofBusiness ____ ~--------------------- (Street and Number) City and State -------------------~--------- (4) Zip Code ________ Telephone No. ______________ _ (5) E-Mail------------------------------ (\ ti Revised 4i17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 30 of 143 IF APARTNERSHIP, SIGN HERE: ' ,\ \\t--... (1) Name under whicl1 business is conducteq _ __._ ___ -'-----1 ______________ _ (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business ---------------------------(Street and Number) City and State ____________________________ _ (4) Zip Code ________ Telephone No.-------~----~-- (5} E-Mail ___________________________ _ (' t# Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 3'i of 143 WA CORPQ~AJION. SIGN HERE: ( 1) Name under whrch business ts conducted ~o clew:: C.onKtv\A .. Cb on (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of ...;;Ca~ ....... \'-'--,fi.,_:-o=-v__,n...:..:.;,Ct;;i__ _________ _ (4) Place of Business CX lo '3at> l QS,.\eJr CJ eek 1 (Street and Number) City and state C.flcon<?,. 1 CA.,. (5) Zip Code :Zo)<c<i½3 Telephone No. 951 -(t) 14 -735:2 (6) E-Mail dabeadav@) ber,Joc:. c"Drn NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED •• f..4' Revised 4i17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 32 of 143 ACKNOWLEDGMENT State of California County of Riverside on August 19, 2014 before me, M. Kobelski, Notary (insert name and title of the officer) personally appeared David Beador, President who 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. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. M. KOBELSKI _ cornm1111on ti 2051980 i Notary Public • Clltforllll Signature --4--~~-1-1,h. ,-..:..-----------(Seal) z Alftflldt County .. J. ••••• MJ~°'!"'!· 2'r:B'! t51s2tt1rl List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners and managing partners: ., ~+; Revised 4/17/13 City of Carlsbad Project Nos 6016 & 3557 Page 33 of 143 , ,,. ,.<Ii, ... ' , .. ~ ... ARTICLES OF INCORPORATION OF BEAD.OR CONSTRUCTION COMPANY, INC. ., 2106117 ,. ...,.. iv"' A,..._, :.i,,i\ {~ u ONE: THE NAME OF THE CORPORATION IS BEADOR CONSTRUCTION '·COMPANY', INC. TWO: THE PURPOSE OF THIS CORPORATION IS TO ENGAGE IN ANY LAWFUL ACT OR ACTJVITY FOR WHICH A CORPORATION UNDER THE GENERAL CORPORATION LAW OF CALIFORNIA OTHER THAN BANKING BUSINESS, THE TRUST COMPANY BUSINESS OR THE PRACTICE OF A PROFESSION PERMITTED TO BE INCORPORATED BY THE CALIFORNIA CORPORATIONS CODE. · THREE: THE NAME AND ADDRESS IN THIS STATE OF THE CORPORATION'S INITIAL AGENT OF SERVICE IS DA YID BEADOR 514 MARGUERITE AVENUE CORONA DEL MAR CALIFORNIA, 92625 FOUR: THE TOT AL NUMBER OF SHARES WHICH THE CORPORATION IS AUTHORIZED TO ISSUE IS TWENTY FIVE THOUSAND (25,000). FfVE: (a) THE LIABILITY OF THE DIRECTORS OF THE CORPORATION FOR MONETARY '.1 DAMAGES SHALL BE ELIMINATED TO THE FULLEST EXTENT PERMISSIBLE UNDER CALIFORNIA LAW. (b) THE CORPORATION IS AUTHORIZED TO PROVIDE INDEMNIFICATION OF AGENTS THROUGH BYLAW PROVISIONS, AGREEMENTS WITH AGENTS, VOTE OF SHAREHOLDERS OR DISINTERESTED DIRECTORS, OR OTHERWISE, TO THE FULLEST EXTENT PERMISSIBLE UNDER CALIFORNIA LAW. (c) ANY AMENDMENT, REPEAL OR MODIFICATION OF ANY PROVISION OF THIS ARTICLE FIVE SHALL NOT ADVERSELY AFFECT ANY RIGHT OR PROTECTION OF AN AGENT OF THIS CORPORATION EXISTING AT THE TIME OF SUCH AMENDMENT, REPEAL OR MODIFICATION. I DECLARE THAT JAM THE PERSON WHO EXECUTED THE ABOVE ENTITLED ARTICLES OF INCORPORATION, AND SUCH INSTRUMENT IS MY ACT AND DEED. DA YID BEADOR 4-8-98 1~·. ARTICLES OF INCORPORATION OF BEADOR CONSTRUCTION COMPANY, INC. 2l061t7 ONE: THE NAME OF THE CORPORATION IS BEADOR CONSTRUCTION COMPANY, INC. TWO: THE PURPOSE OF THIS CORPORATION IS TO ENGAGE IN ANY LAWFUL ACT OR ACTIVITY FOR WHICH A CORPORATION UNDER THE GENERAL CORPORATION LAW OF CALIFORNIA OTHER THAN BANKING BUSINESS, THE TRUST COMPANY BUSINESS OR THE PRACTICE OF A PROFESSION PERMITTED TO BE INCORPORATED BY THE CALIFORNIA CORPORATIONS CODE. THREE: THE NAME AND ADDRESS rN THIS STATE OF THE CORPORATION'S INITIAL AGENT OF SERVICE IS DA YID BEADOR 514 MARGUERITE AVENUE CORONA DEL MAR CALIFORNIA, 92625 FOUR: THE TOT AL NUMBER OF SHARES WHICH THE CORPORATION IS AUTHORIZED TO ISSUE IS TWENTY FIVE THOUSAND (25,000). FIVE: (a) THE LIABILITY OF THE DIRECTORS OF THE CORPORATION FOR MONETARY DAMAGES SHALL BE ELIM INA TED TO THE FULLEST EXTENT PERMISSIBLE UNDER CALIFORNIA LAW. (b) THE CORPORATION IS AUTHORIZED TO PROVIDE INDEMNIFICATION OF AGENTS THROUGH BYLAW PROVISIONS, AGREEMENTS WITH AGENTS, VOTE OF SHAREHOLDERS OR DISINTERESTED DIRECTORS, OR OTHERWISE, TO THE FULLEST EXTENT PERMISSIBLE UNDER CALIFORNIA LAW. (c) ANY AMENDMENT, REPEAL OR MODIFICATION OF ANY PROVISION OF THIS ARTICLE FIVE SHALL NOT ADVERSELY AFFECT ANY RIGHT OR PROTECTION OF AN AGENT OF THIS CORPORATION EXISTING AT THE TIME OF SUCH AMENDMENT, REPEAL OR MODIFICATION. I DECLARE THAT IAM THE PERSON WHO EXECUTED THE ABOVE ENTITLED ARTICLES OF INCORPORATION, AND SUCH INSTRUMENT IS MY ACT AND DEED. DA YID BEADOR 4-8-98 BY-LAWS of BEADOR CONSTRUCTION COMPANY, INC. A California Corporation ARTICLE I MEETING OF STOCKHOLDERS SECTION 1. The annual meeting of the stockholders of the corporation shall be held at its office in the City of Corona Del Mar, at 1 o'clock in the after noon of the 20th day of May , in each year, if not a legal holiday, and if a legal holiday, then on the next succeeding day not a legal holiday, for the purpose of electing directors of the corporation to serve during the ensuing year and for the transaction of such other business as may be brought before the meeting. At least five (5) days' written notice specifying the time and place, when and where, the annual meeting shall be convened, shall be mailed in a United States Post Office addressed to each of the stockholders of record at the time of issuing the notice at his or her or its address last known, as the same appears on the books of the corporation. Nevertheless, a failure to give such notice, or any irregularity in such notice, shall not affect the validity of annual meetings or any of the proceedings had at such meeting, and in such event these By-Laws shall be, and shall be deemed to be, sufficient notice of such meeting without requirement of further notice. SECTION 2. Special meetings of the stockholders may be held at the office of the corporation in the State of California, or elsewhere, whenever called by the President, or by the Board of Directors, or by vote of, or by an instrument in writing signed by the holders of 100 % of the issued and outstanding capital stock. At least ten (10) days' written notice of such meeting, specifying the day and hour and place, when and where such meeting shall be convened, and the objects for calling the same, shall be mailed in the United States Post Office, addressed to each of the stockholders of record at the time of issuing the notice, and at his or her or its address last known, as the same appears on the books of the corporation. If all the stockholders of the corporation shall waive notice of special meeting, no notice of such meeting shall be required, and whenever all the stockholders shall meet in person or by proxy, such meeting shall be valid for all purposes without call or notice, and at such meeting any corporate action may be taken. The written certificate of the officer or officers calling any special meeting setting forth the 1 substance of the notice, and the time and place of the mailing of the same to the several stockholders, and the respective addresses to which the same were mailed, shall be prima facie evidence of the manner and fact of the calling and giving such notice. If the address of any stockholder does not appear upon the books of the corporation, it will be sufficient to address any notice to such stockholder at 514 Marguerite A venue, Corona Del Mar, CA 92625. SECTION 3. All business lawful to be transacted by the stockholders of the corporation may be transacted at any special meeting or at any adjournment thereof. Only such business, however, shall be acted upon at special meeting of the stockholders as shall have been referred to in the notice calling such meetings, but at any stockholders' meeting at which all of the outstanding capital stock of the corporation is represented, either in person or by proxy, any lawful business may be transacted, and such meeting shall be valid for all purposes. SECTION 4. At all stockholders' meetings, the holders of 100 percent ( %) in amount of the entire issued and outstanding capital stock of the corporation, shall constitute a quorum for all the purposes of such meetings. If the holders of the amount of stock necessary to constitute a quorum shall fail to attend, in person or by proxy, at the time and place fixed by these By-Laws for any annual meeting, or fixed by a notice as above provided for a special meeting, a majority in interest of the stockholders present in person or by proxy may adjourn from time to time without notice other than by announcement at the meeting, until holders of the amount of stock requisite to constitute a quorum shall attend. At any such adjourned meeting at which a quorum shall be present, any business may be transacted which might have been transacted as originally called. SECTION 5. At each meeting of the stockholders, every stockholder shall be entitled to vote in person or by his or her duly authorized proxy appointed by instrument in writing subscribed by such stockholder or by his or her duly authorized attorney. Each stockholder shall have one (1) vote for each share of stock standing registered in his or her or its name on the books of the corporation, ten (10) days preceding the day of such meeting. The votes for Directors, and upon demand by any stockholder, the votes upon any question before the meeting, shall be by viva voce. At each meeting of the stockholders, a full, true and complete list, in alphabetical order, of all the stockholders entitled to vote at such meeting, and indicating the number of shares held by each, certified by the Secretary of the corporation, shall be furnished, which list shall be prepared at least ten (10) days before such meeting, and shall be open to the inspection of the stockholders, or their agents or proxies, at the place where such meeting is to be held, and for ten ( 10) days prior thereto. Only the persons in whose names shares of stock are registered on the books of the corporation for ten (10) days preceding the date of such meeting, as evidenced by the list of stockholders so furnished, shall be entitled to vote at such meeting. Proxies and 2 powers of attorney to vote must be filed with the Secretary of the corporation before an election or a meeting of the stockholders, or they cannot be used at such election or meeting. SECTION 6. At each meeting of the stockholders, the polls shall be opened and closed; the proxies and ballots issued, received, and be taken in charge of, for the purpose of the meeting, and all questions touching the qualifications of voters and the validity of proxies, and the acceptance or rejection of votes, shall be decided by two (2) inspectors. Such inspectors shall be appointed at the meeting by the presiding officer of the meeting. SECTION 7. At the stockholders' meetings, the regular order of business shall be as follows: 1. Reading and approval of the Minutes of previous meeting or meetings; 2. Reports of the Board of Directors, the President, Treasurer and Secretary of the corporation in the order named; 3. 4. 5. 6. 7. Reports of Committees; Election of Directors; Unfinished business; New business; Adjournment. ARTICLE II DIRECTORS AND THEIR MEETINGS SECTION 1. The Board of Directors of the corporation shall consist of 1 persons who shall be chosen by the stockholders annually, at the annual meeting of the corporation, and who shall hold office for one (1) year, and until their successors are elected and qualify. SECTION 2. When any vacancy occurs among the Directors by death, resignation, disqualification or other cause, the stockholders, at any regular or special meeting, or at any adjourned meeting thereof, or the remaining Directors, by the affirmative vote of a majority thereof, shall elect a successor to hold office for the unexpired portion of the term of the Director whose place shall have become vacant and until his or her successor shall have been elected and shall qualify. 3 SECTION 3. Meetings of the Directors may be held at the principal office of the corporation in the State of California, or elsewhere, at such place or places as the Board of Directors may, from time to time, determine. SECTION 4. Without notice or call, the Board of Directors shall hold its first annual meeting for the year immediately after the annual meeting of the stockholders or immediately after the election of Directors at such annual meeting. Regular meetings of the Board of Directors shall be held at the office of the corporation in the City of Corona Del Mar, State of California, on May 20th 1998 at 1 o'clock in the afternoon. Notice of such regular meetings shall be mailed to each Director by the Secretary at least three (3) days previous to the day fixed for such meetings, but no regular meeting shall be held void or invalid if such notice is not given, provided the meeting is held at the time and place fixed by these By-Laws for holding such regular meetings. Special meetings of the Board of Directors may be held on the call of the President or Secretary on at least one (1) day's notice by mail to Directors resident in the State of California, and on at least three (3) days' notice by mail or three (3) day's notice by telegraph, to Directors not resident in said State. Any meeting of the Board, no matter where held, at which all of the members shall be present, even though without or of which notice shall have been waived by all absentees, provided a quorum shall be present, shall be valid for all purposes unless otherwise indicated in the notice calling the meeting or in the waiver of notice. Any and all business may be transacted by any meeting of the Board of Directors, either regular or special. SECTION 5. A majority of the Board of Directors in office shall constitute a quorum for the transaction of business, but if at any meeting of the Board there be less than a quorum present, a majority of those present may adjourn from time to time, until a quorum shall be present, and no notice of such adjournment shall be required. The Board of Directors may prescribe rules not in conflict with these By-Laws for the conduct of its business; provided, however, that in the fixing of salaries of the officers of the corporation, the unanimous action of all the Directors shall be required. SECTION 6. A Director need not be a stockholder of the corporation. SECTION 7. The Directors shall be allowed and paid all necessary expenses incurred in attending any meeting of the Board, but shall not receive any compensation for their services as Directors until such time as the corporation is able to declare and pay dividends on its capital stock. 4 -· SECTION 8. The Board of Directors shall make a report to the stockholders at annual meetings of the stockholders of the condition of the corporation, and shall, on request, furnish each of the stockholders with a true copy thereof. The Board of Directors, in its discretion, may submit any contract or act for approval or ratification at any annual meeting of the stockholders called for the purpose of considering any such contract or act, which, if approved, or ratified by the vote of the holders of a majority of the capital stock represented in person or by proxy at such meeting, provided that a lawful quorum of stockholders be there represented in person or by proxy, shall be valid and binding upon the corporation and upon all the stockholders thereof, as if it had been approved or ratified by every stockholder of the corporation. SECTION 9. The Board of Directors may, by resolution passed by a majority of the whole Board, designate an Executive Committee. This Committee shall consist of two (2) or more members besides the President, who by virtue of his or her office, shall be a member and the chairman thereof. The Committee shall in the interim between the meetings of the Board, exercise all powers of that body in accordance with the general policy of the corporation and under the direction of the Board of Directors. It shall also attend to and supervise all the financial operations of the corporation, and shall examine and audit all the corporation's accounts at the close of each fiscal year, and at such other times as it may deem necessary. The Secretary shall be the Secretary of the Committee and shall attend its meetings, and its meetings shall be held on the call of the President. All members of the Committee must be given at least two (2) days' notice of meetings either by mail or telegraph or by personal communication, either by telephone or otherwise. A majority of the members of the Committee shall constitute a quorum. The Committee shall keep due records of all meetings and actions of the Committee, and such records shall at all times be open to the inspection of any Director. SECTION 10. The Board of Directors is vested with the complete and unrestrained authority in the management of all the affairs of the corporation, and is authorized to exercise for such purpose as the General Agent of the corporation, its entire corporate authority. SECTION 11. The regular order of business at meetings of the Board of Directors shall be as follows: 1. Reading and approval of the minutes of any previous meeting or meetings; 2. Reports of officers and committeemen; 3. Election of officers; 4. Unfinished business; 5. New business; 6. Adjournment. 5 ARTICLE III OFFICERS AND THEIR DUTIES SECTION 1. The Board of Directors, at its first meeting after the annual meeting of stockholders, shall elect a President, a Vice President, a Secretary and a Treasurer, to hold office for one (1) year next coming, and until their successors are elected and qualify. The President and Vice President shall be members of the Board of Directors. The Treasurer and Secretary need not be Directors; the offices of the Secretary and Treasurer may be held by one (1) person. Any vacancy in any of said offices may be filled by the Board of Directors. The Board of Directors may from time to time, by resolution, appoint such additional Vice Presidents and additional Assistant Secretaries, Assistant Treasurers and Transfer Agents as it may deem advisable; prescribe their duties, and fix their compensation, and all such appointed officers shall be subject to removal at any time by the Board of Directors. All officers, agents and factors shall be chosen and appointed in such manner and shall hold their office for such terms as the Board of Directors may by resolution prescribe. SECTION 2. The President shall be the executive officer of the corporation and shall have the supervision and, subject to the control of the Board of Directors, the direction of the corporation's affairs, with full power to execute all resolutions and orders of the Board of Directors not especially entrusted to some other officer of the corporation. The President shall be a member of the Executive Committee, and the Chairman thereof; he or she shall preside at all meetings of the Board of Directors, and at all meetings of the stockholders, and shall sign the Certificates of Stock issued by the corporation, and shall perform such other duties as shall be prescribed by the Board of Directors. SECTION 3. The Vice President shall be vested with all the powers and perform all the duties in the absence or inability to act of the President, including the signing of Certificates of Stock issued by the corporation, and he or she shall so perform such other duties as shall be prescribed by the Board of Directors. SECTION 4. The Treasurer shall have the custody of all the funds and securities of the corporation. When necessary or proper, he or she shall endorse on behalf of the corporation for collection checks, notes, and other obligations; he or she shall jointly with such other officer as shall be designated by these By-Laws, sign all checks made by the corporation, and shall pay out and dispose of the same under the direction of the Board of Directors. The Treasurer shall sign with the President all bills of exchange and promissory notes of the corporation; he or she shall also have the care and custody of the stocks, bonds, certificates, vouchers, evidence of debts, securities, and such other property belonging to the corporation as the Board of Directors shall designate; he or she shall sign all papers required by law or by these By-Laws or the Board of Directors to be signed by the Treasurer. Whenever required by the Board of Directors, the 6 Treasurer shall render a statement of the corporation's cash account; he or she shall enter regularly in the books of the corporation to be kept by him or her for the purpose, full and accurate accounts of all moneys received and paid by him or her on account of the corporation. The Treasurer shall at all reasonable times exhibit the books of account to any Director of the corporation during business hours, and shall perform all acts incident to the position of Treasurer subject to the control of the Board of Directors. The Treasurer shall, ifrequired by the Board of Directors, give bond to the corporation conditioned for the faithful performance of all his or her duties as Treasurer in such sum, and with such security as shall be approved by the Board of Directors, the expense of such bond to be borne by the corporation. SECTION 5. The Board of Directors may appoint an Assistant Treasurer who shall have such powers and perform such duties as may be prescribed by the Treasurer of the corporation or by the Board of Directors, and the Board of Directors shall require the Assistant Treasurer to give a bond to the corporation in such sum and with such security as it shall approve, and conditioned for the faithful performance of his or her duties as Assistant Treasurer, the expense of such bond to be borne by the corporation. SECTION 6. The Secretary shall keep the Minutes of all meetings of the Board of Directors and the Minutes of all meetings of the stockholders and of the Executive Committee in books provided for that purpose. The Secretary shall attend to the giving and serving of all notices of the corporation; he or she may sign with the President or a Vice President, in the name of the corporation, all contracts authorized by the Board of Directors or Executive Committee; he or she shall have the custody of the corporate seal of the corporation; he or she shall affix the corporate seal to all certificates of stock duly issued by the corporation; he or she shall have charge of the Stock Certificate Books, Transfer Books, and Stock Ledgers, and such other books and papers as the Board of Directors or the Executive Committee may direct, all of which shall at all reasonable times be open to the examination of any Director upon application at the office of the corporation during business hours; and he or she shall, in general, perform all the duties incident to the office of Secretary. SECTION 7. The Board of Directors may appoint an Assistant Secretary who shall have such powers and perform such duties as may be prescribed by the Secretary or by the Board of Directors. SECTION 8. Unless otherwise ordered by the Board of Directors, the President shall have full power and authority in behalf of the corporation to attend and to act and to vote at any meetings of the stockholders of any corporation in which the corporation may hold stock, and at any such meetings, shall possess and may exercise any and all rights and powers incident to the ownership of such stock, and which as the new owner thereof, the corporation might have possessed and exercised if present. The Board of Directors, by resolution, from time to time, may confer like powers on any person or persons in place of the President to represent the corporation for the purposes in this section mentioned. 7 ARTICLE IV CAPITAL STOCK SECTION 1. The capital stock of the corporation shall be issued in such manner and at such times and upon such conditions as shall be prescribed by the Board of Directors. SECTION 2. Ownership of stock in the corporation shall be evidenced by certificates of stock in such forms as shall be prescribed by the Board of Directors, and shall be under the seal of the corporation and signed by the President or the Vice President and also by the Secretary or an Assistant Secretary. All certificates shall be consecutively numbered; the name of the person owning the shares represented thereby with the number of such shares and the date of issue shall be entered on the corporation's books. No certificates shall be valid unless it is signed by the President or Vice President and by the Secretary or Assistant Secretary. All certificates surrendered to the corporation shall be canceled and no new certificate shall be issued until the former certificate for the same number of shares shall have been surrendered or canceled. SECTION 3. No transfer of stock shall be valid as against the corporation except on surrender and cancellation of the certificate therefor, made either in person or under assignment, a new certificate shall be issued therefor. Whenever any transfer shall be expressed as made for collateral security and not absolutely, the same shall be so expressed in the entry of said transfer on the books of the corporation. SECTION 4. The Board of Directors shall have power and authority to make all such rules and regulations not inconsistent herewith as it may deem expedient concerning the issue, transfer and registration of certificates for shares of the capital stock of the corporation. The Board of Directors may appoint a transfer agent and a registrar of transfers and may require all stock certificates to bear the signature of each transfer agent and such registrar of transfer. SECTION 5. The Stock Transfer Books shall be closed for all meetings of the stockholders for the period often (10) days prior to such meetings and shall be closed for the payment of dividends during such periods as from time to time may be fixed by the Board of Directors, and during such periods no stock shall be transferable. 8 SECTION 6. Any person or persons applying for a certificate of stock in lieu of one alleged to have been lost or destroyed, shall make affidavit or affirmation of the fact, and shall deposit with the corporation an affidavit. Whereupon, at the end of six (6) months after the deposits of said affidavit and upon such person or persons giving Bond of Indemnity to the corporation with surety to be approved by the Board of Directors in double the current value of the stock against any damage, loss or inconvenience to the corporation, which may or can arise in consequence of a new or duplicate certificate being issued in lieu of the one lost or missing, the Board of Directors may cause to be issued to such persons or person a new certificate, or a duplicate of the certificate so lost or destroyed. The Board of Directors may, in its discretion, refuse to issue such new or duplicate certificates save upon the order of some court having jurisdiction in such matter, anything herein to the contrary notwithstanding. ARTICLEV OFFICES AND BOOKS SECTION 1. The principal office of the corporation in California shall be at , California, and the corporation may have a principal office in any other state or territory as the Board of Directors may designate. SECTION 2. The Stock and Transfer Books of the corporation shall be kept at its principal office in the County of Orange, Ca for the inspection of all who are authorized or have the right to see the same, and for the transfer of stock. All other books of the corporation shall be kept at such places as may be prescribed by the Board of Directors. A copy of the By-Laws, duplicate Stock Ledger, and Articles oflncorporation of the corporation shall be kept at its principal office in the State of California, and shall be subject to the inspection of any of the stockholders. ARTICLE VI MISCELLANEOUS SECTION 1. The Board of Directors shall have power to reserve over and above the capital stock paid in, such and amount, in its discretion, as it may deem advisable to fix as a reserve fund, and may, from time to time, declare dividends from the accumulated profits of the corporation in excess of the amounts so reserved, and pay the same to the stockholders of the corporation, and may also, if it deems the same advisable, declare stock dividends of the unissued capital stock. 9 SECTION 2. No agreement, contract or obligation (other than checks in payment of indebtedness incurred by authority of the Board of Directors) involving the payment of money or the credit of the corporation for more than Dollars, shall be made without the authority of the Board of Directors, or of the Executive Committee acting as such. SECTION 3. Unless otherwise ordered by the Board of Directors, all agreements and ~ contracts shall be signed by the President and the Secretary in the name and on behalf of the - corporation, and shall have the corporate seal thereto attached. SECTION 4. All moneys of the corporation shall be deposited when and as received by the Treasurer in such bank or banks or other depository as may from time to time be designated by the Board of Directors, and such deposits shall be made in the name of the corporation. SECTION 5. No note, draft, acceptance, endorsement or other evidence of indebtedness shall be valid or against the corporation unless the same shall be signed by the President or a Vice President, and attested by the Secretary or an Assistant Secretary, or signed by the Treasurer or an Assistant Treasurer, and countersigned by the President, Vice President, or Secretary, except that the Treasurer or an Assistant Treasurer may, without countersignature, sign payroll checks and make endorsements for deposit to the credit of the corporation in all its duly authorized depositories. No check or order for money shall be signed in blank by more than one ( 1) officer of the corporation. SECTION 6. No loan or advance of money shall be made by the corporation to any stockholder or officer therein, unless the Board of Directors shall otherwise authorize. SECTION 7. No director nor executive officer shall be entitled to any salary or compensation for any services performed for the corporation, unless such salary or compensation shall be fixed by resolution of the Board of Directors, adopted by the unanimous vote of all of the Directors voting in favor thereof. SECTION 8. The corporation may take, acquire, hold, mortgage, sell, or otherwise deal in stocks or bonds or securities of any other corporation, if and as often as the Board of Directors shall so elect. SECTION 9. The Directors shall have power to authorize and cause to be executed, mortgages and liens without limit as to amount upon the property and franchise of this corporation, and pursuant to the affirmative vote, either in person or by proxy, of the holders of a majority of the capital stock issued and outstanding; the Directors shall have authority to dispose in any manner of the whole property of this corporation. SECTION 10. The corporation shall have a corporate seal, the design thereof being as follows. 10 ARTICLE VII AMENDMENT OF BY-LAWS Amendments and changes of these By-Laws may be made at any regular or special meeting of the Board of Directors by a vote of not less than all of the entire Board, or may be made by a vote of, or a consent in writing signed by, the holders of the issued and outstanding capital stock. CERTIFICATE OF ADOPTION OF BY-LAWS OF BEADOR CONSTRUCTION COMPANY INC. A CALIFORNIA CORPORATION Adoption by Board of Directors. The undersigned, being all of the persons appointed in the Articles of Incorporation to act as the first Board of Directors of the above named corporation (or being their duly appointed successors) hereby assent to the foregoing By-Laws, and adopt the same as the By-Laws of said corporation. IN WITNESS WHEREOF, we have hereunto set out hands this 20th day of May, 1998. DAVID BEADOR Certificate by Secretary of Adoption by Directors. THIS IS TO CERTIFY: ) That I am the duly elected, qualified and acting Secretary of the above named corporation and that the above and foregoing By-Laws were adopted as the By-Laws of said corporation on the date set forth above by the persons appointed in the Articles of Incorporation to act as the first Directors of said corporation, or their duly appointed successors. IN WITNESS WHEREOF, I have he'u];Cii°ZMay, 1998. I Secretary Certificate by Secretary of Adoption by Shareholders' Vote. THIS IS TO CERTIFY: That I am the duly elected, qualified and acting Secretary of the above named corporation and that the above and foregoing Code of By-Laws was submitted to the shareholders at their first meeting held on the date set forth in the By-Laws and recorded in the minutes thereof was ratified by the vote of shareholders entitled to exercise the majority of the """""'" voting power of said corporation. IN Wl1NESS WHEREOF, I have hereunto set my hand this 20th day of May 1998. ~b Secretary BID SECURITY FORM (Check to Accompany Bid) PROJECT NOS. 6016 & 3557 CARLSBAD BOULEVARD OVERHEAD RAILING IMPROVEMENTS AND RETAINING WALL REHABILITATION (NOTE: The following form shall be used if check accompanies bid_) Accompanying this proposal is a *Certified "Cashier's check payable to the order of CITY OF CARLSBAD, in the sum of ________________________ _ ------~---------------------~ ___ dollars ($ ______ _,,this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER kDelete 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.) {' +r Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 34 of 143 Bond No. B29432 BIDDER'S BOND TO ACCOMPANY PROPOSAL PROJECT NOS. 6016 & 3557 CARLSBAD BOULEVARD OVERHEAD RAILING IMPROVEMENTS AND RETAINING WALL REHABILITATION KNOW ALL PERSONS BY THESE PRESENTS: That we, Beador Construction Company' Inc. ' as Principal, and ACSTAR Insurance Company , as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount)Ten percent of bid amount(10% of Bid) for which payment. well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: PROJECT NOS. 6016 & 3557 CARLSBAD BOULEVARD OVERHEAD RAILING IMPROVEMENTS AND RETAINING WALL REHABILITATION in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. l' • ., Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 35 of 143 - ........,. Bond No. B29432 In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exoneirate the Surety from its obligations under this bond. Executed by PRINCIPAL this 18th day of August 2014. Executed by SURETY this _l§_th ___ day of August , 2014. SURETY: ACST AR Insurance Company ?"'rllllHl,1/L,,~f>IW"°'"" ~ U _(name of Surety) , r ni ation of Signatory) 30 South Road, Farmington, CT 06032 (address of Surety) By: ( -s~I ~~.,..__________ 860-415-8400 ----------------~ ,, ':) (telephone number of Surety) .UAv•O IJ • 1:M,oc/2.. ~ (print name here} By:_.,. _______________ _ ~~ ,,_~CJ.<&~Wd,,-Mlk,r. ~y-in-Fact) (title and organization of signatory) Henry W. Nozko, Jr., Presjdent {printed name of Attorney-in-Fact) · (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.} (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corpor:aition must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer lo bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney -~ f.J Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 36 of 143 ACKNOWLEDGMENT State of California County of Riverside On August 6, 2014 before me, M. Kobelski, Notary (insert name and title of the officer) personally appeared David Beador, President who 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. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature,___,_/1; __ _ {Seal) J. M. KOBEi.SKi ' ! :, . Commllllon ti 2051180 ~ z • ·• Notary Pullllc • Cllifonlla z RI ..... COUnty I ~. O O OU ..¥Jft"!·-=P'f L5·,2!1{ ACKNOWLEDGMENT State of California County of Riverside on August 6, 2014 before me, M. Kobelski, Notary (insert name and title of the officer) personally appeared David Beador, Secretary who 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. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ---_..._.. __ __ ----------- WITNESS my hand and official seal. Signature _u_v/J)_,,, ________ _ (Seal) J.. M. ICOIELIKI I I, . = CommilllOn ti 2051NO 1 I NollrJ-·-. Rlftflldl County 0 0 0 0 0 J:!JW"!.,B'f UV&1tl --~ C. Q) "C ~ C Ill .0 -'5 Cl) ~ Q) (.) Q) OE ,.,..._ ~ , Ill ::J ·~ O> C: gi Cll- .Q ~ aicu -::J g :2 -Cl) ~~ ~o t:: Q) 0 al E ... ... 1ii ,.g~ "C Q) =c ~ ·- 0 !!!' z ~ Bond No. B29432 -)ICCT~R ~INSURA.g~ANY POWER OF ATTORNEY No. 35687 30 SOUTH ROAD• FARMINGTON, CT 06032 • (860) 415-8400 This Power of Attorney must have original corporate seal and red and blue ACSTAR logo to be valid. Know all men by these presents: That ACSTAR Insurance Company, a corporation of the State of Illinois, having its principal office in the Town of Farmington, Connecticut, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on November 14, 2013, to wit: RESOLVED, That the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (1) That the Chairman, the President, Executive Vice President and General Counsel, or any Attorney-in-fact, may execute for and on behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Corporate Secretary, or any Assistant Corporate Secretary, and the seal of the Company affixed thereto; and that the Chairman or President may appoint and authorize any other Officer (elected or appointed) of the Company, and Attorneys-in-Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested to by the Corporate Secretary. (3) The signature of the Chairman, the President, or Executive Vice President of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution, and the signature of a facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. (4) Such other Officers of the Company, and Attorneys-in-Fact shall have authority to certify or verify copies of this Resolution, the By-Laws of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. does hereby nominate, constitute and appoint HENRY W. NOZKO, JR., HENRY W. NOZKO 111, GARY M. CASE, CARMEN CARLTON, each individually, its true and lawful Attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding TEN MILLION DOLLARS ($10,000,000.00) each, and the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, Henry W. Nozko, Jr., President, have hereunto subscribed his name and affixed the corporate seal of the ACSTAR INSURANCE COMPANY this 15th day of November 2013. STATE OF CONNECTICUT ) COUNTY OF HARTFORD ) ) ss. FARMINGTON ACSTAR Insurance Company .,fbtrt&:,~. On this 15th day of November A.O. 2013, before me, a Notary Public of the State of Connecticut came, Henry W. Nozko, Jr., President of the ACSTAR Insurance Company, to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same, and the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signature was duly affixed by the authority and direction of the said corporation, and the Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the Town of Farmington the day and year first above written. \ \ 111Ill1111 ,,\\ L ,,, ,, ~ • p I❖ ,'..Jr.~.•··········< ~ ~ ,-.. . . ..., ~ ... ~·· T . _ _, ,. g .... / ~ o A II i,\-t, l :C>: -·-:-4:: :: ii: A :n, = ~ \ ,.,,lJBLIC 1 ~ , ...... .. .... '; 'o·•.. ... :::, ..... , ""' ........... ••~,(, ,~ 11,, l\'ECT\C. ,,,, ,,,,,,., .. ,,\\\ Diane L. Plante -Notary Public My Commission Expiration Date: November 30, 2018 I, the undersigned, Secretary or Assistant Secretary of ACSTAR Insurance Company, 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. In witness whereof, I have hereunto subscribed my name as Secretary or Assistant Secretary, and affixed the corporate seal of the Cmporatioo,thls 18thaayof August , 2014 . ~~-::IIJ(:. Henry W. Nozko Ill/Maurice C. Shea Secretary/Assistant Secretary '•~.ii' Connecticut State of ACKNOWLEDGEMENT County of Hartford On August 18, 2014 before me, Tamara Lee Kokiel, Notary Public --~----------------------------(here insert name and title of the officer) personally appeared Henry W. Nozko, Jr. ----------------------------- 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 acknowledge 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 m~ hand and official seal. ~ Signature,doro~ TAMARA LEE KOKIEL NOt"ARY PUBLIC MY COMMISSION EXPIRES JAM. 31, 2016 (Seal) -----------OPTIONAL----------- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT • INDIVIDUAL LI CORPORATE OFFICER Bond No. B29432 TITLE OR TYPE OF DOCUMENT TITLE(S) • PARTNER(S) B LIMITED GENERAL G ATTORNEY-IN-FACT • TRUSTEE(S) • GUARDIAN/CONSERVATOR 4 NUMBER OF PAGES • OTHER: 8/18/14 SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GE 1/06 FRP Company Profile 1.. . CALIFORNIA ' : DEPARTMENT OF msURANCE Company Profile Company Search Company Information Old Company Names Agent for Service Reference Infonnation NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/ Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information Old Company Names ACSTARINSURANCECOMPANY 30 SOUTH ROAD FARMINGTON, CT 06032 888-252-2799 Effective Date CU QUALITY INSURANCE COMPANY 04/26/1984 JOHN HANCOCK PROPERTY AND CASUALTY INSURANCE COMPANY 02/03/1989 KEMPER SECURITY INSURANCE COMPANY Agent For Service NANCY FLORES C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET LOS ANGELES CA 90017 Reference Information I NAIC #: I California Company ID #: I Date Authorized in California: I License Status: !company Type: j state of Domicile: back to top NAIC Group List NAIC Group#: Lines Of Business 0000 09/20/1982 1122950 I I! 2180-8 I II 01/16/1975 I II UNLIMITED-NORMAL I II Property & Casualty I II ILLINOIS I The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS Page 1 of2 https://interactive. web.insurance.ca.gov /companyprofile/companyprofile ?event=company P... 8/21/2014 Company Profile back to top © 2008 California Department of Insurance PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE Page 2 of2 https:/ /interactive. web.insurance.ca.gov/companyprofile/companyprofile?event=company P... 8/21/2014 FEDERAL LOBBYING RESTRICTIONS Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Form -LLL, "Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes: 1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or 2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or 3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action. ('. •fr' Revised 4/17/~3 City of Carlsbad Project Nos. 6016 & 3557 Page 37 of 143 DISADVANTAGED BUSINESS ENTERPRISE (DBE) This project is subject to Part 26, Title 49, Code of Federal Regulations entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.'' The Regulations in their entirety are incorporated herein by this reference. Bidders shall be fully informed respecting the requirements of the Regulations and the City's Disadvantaged Business Enterprise (DBE) program developed pursuant to the Regulations; particular attention is directed to the following matters: A A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto; B. A DBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, vendor of material or supplies, or as a trucking company; C. A DBE bidder, not bidding as a joint venture with a non-DBE, will be required to document one or a combination of the following: 1. The bidder will meet the goal by performing work with its own forces. 2. The bidder will meet the goal through work performed by DBE subcontractors, suppliers or trucking companies. 3. The bidder, prior to bidding, made adequate good faith efforts to meet the goal. D. A DBE joint venture partner must be responsible for specific contract items of work, or portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture. The DBE joint venturer must submit the joint venture agreement with the proposal or the DBE Information form required in the Section entitled "Submission of DBE Information" of these special provisions; E. A DBE must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work; F. DBEs must be certified by either the California Department of Transportation, or by a participating agency which certifies in conformance with Title 49, Code of Federal Regulations, Part 26, as of the date of bid opening. It is the Contractor's responsibility to verify that DBEs are certified. Listings of certified DB Es are available from the following sources: 1. The Caltrans DBE Directory, which is published quarterly. This Directory may be obtained from the Department of Transportation, Materiel Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445-3520; 2. The Caltrans Electronic Information Bulletin Board Service, which is accessible by modem and is updated weekly. The Bulletin Board may be accessed by first contacting the Caltrans Business Enterprise Program by telephone: (916) 227-8937 and obtaining a user identification and password; 3. The Caltrans web site at http://www.dot.ca.gov/hq/bep/index.htm; ~~ ~, Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 38 of 143 G. Credit for materials or supplies purchased from DBEs will be as foilows: 1. If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the materials or supplies will count toward the DBE goal. A DBE manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications. 2. If the materials or supplies are purchased from a DBE regular dealer, 60 percent of the cost of the materials or supplies will count toward the DBE goal. A DBE regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplias, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business as provided in this paragraph G.2. if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract~by- contract basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this paragraph G.2. 3. Credit for materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. H. Credit for DBE trucking companies will be as follows: 1. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular Contract, and there cannot ba a contrived arrangement for the purpose of meeting the DBE goal; 2. The DBE must itself own and oparate at least one fully licansed, insured, and operational truck used on the Contract; 3. Tha DBE receives credit for the total valua of the transportation services it provides on the Contract using trucks its owns, insures, and operates using drivers it employs; 4. Tha DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract; 5. The DBE may also lease trucks from a non-DBE firm, including an ownar-operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it recaives as a result of the leasa arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lassee, since these services are not provided by a DBE; t~ •...-Rev,sed 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 39 of 143 6. For the purposes of this paragraph H, a ioasc must indicate that the DBE has exclusive use o1 and control over ti1e truck. This does not preclude the leased truck frorn working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. I. Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of this Contract and may result in termination of the Contract or other appropriate remedy for a breach of this Contract; J. Bidders are encouraged to use services offered by financial institutions owned and controlled by DBEs. DBE GOAL FOR THIS PROJECT The City has established the following goal for Disadvantaged Business Enterprise (DBE) participation for this project: Disadvantaged Business Enterprise (DBE): 12.5 percent Caltrans has engaged the services of a contractor to provide supportive services to contractors and subcontractors to assist in obtaining DBE participation on federally funded construction projects. Bidders and potential subcontractors should check the Caltrans website at httg://www.dot.ca.gov/hg/bep to verify the current availability of this service. SUBMISSION OF DBE INFORMATION The required DBE information shall be submitted on the "LOCAL AGENCY BIDDER -DBE lNFORMATION" form included in the Proposal. If the DBE information is not submitted with the bid, the DBE Information form shall be removed from the documents prior to submitting the bid. It is the bidder's responsibility to make enough work available to DBEs and to select those portions of the work or material needs consistent with the available DBEs to meet the goal for DBE participation or to provide information to establish that, prior to bidding, the bidder made adequate good faith efforts to do so. If DBE information is not submitted with the bid, the apparent successful bidder (low bidder), the second low bidder and the third low bidder shall submit DBE information to the City of Carlsbad, Purchasing Department, 1635 Faraday Avenue, Carlsbad, CA 92008, so the information is received by the City of Carlsbad no later than 4:00 p.m. on the fourth day, not including Saturdays, Sundays and regal holidays, following bid opening. DBE information sent by U.S. Postal Service certified mail with return receipt and certificate of mailing and mailed on or before the third day, not including Saturdays, Sundays and legal holidays, following bid opening will be accepted even if it is received after the fourth day following bid opening. Failure to submit the required DBE information by the time specified will be grounds for finding the bid or proposal nonresponsive. Other bidders need not submit DBE information unless requested to do so by the City of Carlsbad. The bidder's DBE information shall establish that good faith efforts to meet the DBE goal have been made. To establish good faith efforts. the bidder shall demonstrate that the goal will be met or that, prior to bidding, adequate good faith efforts to meet the goal were made. Bidders are cautioned that even though their submittal indicates they will meet the stated DBE goal, their submittal should also include their adequate good faith efforts information along with their DBE goal information to protect their eligibility for award of the Contract in the event the City, in its review, finds that the goal has not been met. The bidder's DBE information shall include the names, addresses and phone numbers of DBE firms that will participate, with a complete description of work or supplies to be provided by each, the dollar value of each DBE transaction, and a written confirmation from the DBE that it is participating in the Contract. A copy of the DBE's quote will serve as written confirmation that the DBE is participating in the Contract. When 100 percent of a contract item of work is not to be performed or furnished by a ft '-I Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 40 of 143 OGE, a desc;ription of the exact portion of that work to be performed or furnished by that f)81:. shall be included in the DBE information, including the planned location of that work. The work that a DBE prime contractor has committed to performing with its own forces as well as the work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies will count toward the goal. The bidder shall list all subcontractors Part I (both DBE and non-DBE) in accordance with Section 2- 1.054 of the Standard Specifications and per Title 49, Section 26.11 of the Code of Federal Regulations. This listing is required in addition to listing DBE Subcontractors elsewhere in the proposal. The bidder shall list all subcontractors Part II who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms. Exhibits 12-8 (Bidder's List of Subcontractors (DBE and Non-DBE} can be found at Local Assistance Procedures Manual (LAPM) Forms at; http:/lwww.dot.ca.gov/hg/LocalPrograms/lam/forms/lapmforms.htm#goHere12 The information necessary to establish the bidder's adequate good faith efforts to meet the DBE goal should include: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder. B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DB Es were interested. C. The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down of the Contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to meet the DBE goal was made available to DBE firms. D. The names, addresses and phone numbers of rejected DBE firms, the firms selected for that work, and the reasons for the bidder's choice. E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs. F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. G. The names of agencies contacted to provide assistance in contacting, recruiting and using DBE firms. H. Any additional data to support a demonstration of good faith efforts. The award of the Contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed and who has met the goal for DBE participation or has demonstrated, to the satisfaction of the City, adequate good faith efforts to do so. Meeting the goal for DBE participation or demonstrating to the satisfaction of the City, adequate good faith efforts to do so is a condition for being eligible for award of Contract. ,, •tr Revised 4i17/13 City of Cadsbad Project Nos. 6016 & 3557 Page 41 of 143 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS" AND "DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK" FORMS REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor disclosure forms Bidders are urged to review the definitions in Section 1-2 of the SSPWC and of the Supplemental Provisions to this Contract especially, "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 These forms will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or owner operator/lessors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor or Owner Operator/Lessor licensed as a contractor by the State of California who the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0. 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 an integral part of the bid offer. Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of manpower and equipment that it proposes to use to complete the Work. Additional copies of the forms must be attached if required to accommodate the Contractor's decision to use more than one Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out. These forms must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. Neither the amount, in dollars, of work performed by the Bidder's own forces (as Contractor) nor the Bidder's overhead and profit for subcontracted items of the work ls included to compute the percentage of the work performed by Subcontractors or Owner Operators/Lessors. When the Bidder proposes that any bid item will installed by a Subcontractor or Owner Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner Operator/ Lessor must be entered under the columns "Amount of Subcontracted Bid Item Including Subcontractor's Overhead & Profit" or " Amount of Owner Operator/Lessor Bid Item Including Owner Operator/Lessor's Overhead & Profit '' unless the dollar amount of all work per1ormed by any Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit Price, less the Bidder's overhead and profit, shall be multiplied by the Quantity of the bid item that the Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed. l' •+r Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 42 of 143 Suppliers of materials from sources outside the limits of work are not subcontractors. The value of \,,.,.. materials and transpot1 of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor, as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor or Owner Operator/Lessor installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor or Owner Operator/Lessor installing said item. The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets) shall be entered in the "Bid Item No." column. When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must be entered on the form. If the Subcontractor does not have a valid business license enter "NONE" in the appropriate space. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the Bidder proposes to peliorm 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 be determined by the City Council in conformance with the provisions of the Contract documents and the Supplemental Provisions. The decision of the City Council shall be final. ~ f.., Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 43 of 143 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS PROJECT NOS. 6016 & 3557 CARLSBAD BOULEVARD OVERHEAD RAILING IMPROVEMENTS AND RETAINING WALL REHABILITATION The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: __ _ t) (+ (11v.12 o,~0-r-r'24 tr:01-i '-f I o]v g4f~f:¥ (cf fbry: :e ,,-cJ, Subcontractor's Location of Business Street Address T~e:cv la City State *Subcontractor's Telephone Number including Area Code: ( q 5 ( ) q~SC/2. Zip (o-er1 ; IC/ 8°_ "Subcontractor's California State Contractors License No. and Classification: 3.7 Jf < 2- *Subcontractor's Carlsbad Business License No.:_ SUBCONTRACTOR'S BID ITEMS* Bid Amount of Subcontracted Amount of Work In Bid Item Bid Item Including Item Perlormed by No. Subcontractor's Overhead Contractor Excluding & Profit Overhead & Profit D2 $ 77 000 $ 3.5, oou $ V $ $ $ $ $ $ $ $ $ $ $ $ $ Explanation: Column 1 -Bid Item No. from the bid proposal, pages 13 lhrough 18, inclusive. Column 2 • The dollar amount of the item to be performed by the Subcontractor. Columr 3 -The dollar amount of the item to be performed by Contractor's own forces. Amount of Contractor's Overhead & Profit In Bid Item $ /2-OoD $ $ $ $ $ $ $ Column 4 -The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and tl1e Subcontractor's forces on the item. Totai dollar amount of Columns 2. 3. and 4 rnust be equal to the dollar amount in the bid price of the item on bid proposal pages 13 through 18, inclusive. Page __ of __ pages of this Subcontractor Designation form .. Pursuant to section 41M (a)(2)(A) California Public Contract Cade, receipt of the portions ol lhe inlormation preced(,'d t)y an asterisk required 011 this documer1t must be included at time of submitting bids contained in the "Notice Inviting Bids." ft \.J Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Paqe 44 of 143 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS PROJECT NOS. 6016 & 3557 CARLSBAD BOULEVARD OVERHEAD RAILING IMPROVEMENTS AND RETAINING WALL REHABILITATION The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor wtll be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5'%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: _ _Sea. ( f2i@ ti L ,'PJ.\/ '-~-J_c,__J ____ _ Subcontractor's Location of Business qpS-:J O li~✓ c. d r .. l / Street Address ~ fl ---.,,,<:.~-Pr, ,., r v'a,/ c_1. ---~---...,..~aZ......:...----4i-'../1.__.9L.......L-Z~7_ .. f· T c~ State Zip *Subcontractor's Telephone Number including Area Code: < b/1 > 't6'£, ?'Ill "Subcontractor's California State Contractors License No. and Classification: _, .... ·?'--"k"'---'-Y-'. /_,_/ .... ~,--- '""" *Subcontractor's Carlsbad Business License No.: ----------~-------- SUBCONTRACTOR'S BID ITEMS"' Bid Amount of Subcontracted Amount of Work In Bid Item Bid Item Including Item Performed by No. Subcontractor's Overhead Contractor Excluding &Profit Overhead & Profit J I $ 1{'/~ 7-·c;r;, 1 $ 11 $ $ I?;" $ r:; rs-) -, $ Ji $ ·:c~ vfi2 $ $ $ $ i$ $ $ $ $ Explanation: Column 1 -Bid Item No. from the bid proposal, pages 13 through 18, inclusive. Column 2 • T'1e do!lar amount of the item to be performed by the Subcontrar.tcr. Co!umr 3 -The dollar arnount of the item to be performed by Contractor's own forces. Amount of Contractor's Overhead & Profit In Bid Item $ $ $ $ $ $ $ $ Co\ur.1n 4 -T,e dollar amount of the Contractor's overnead and profit for wor'i<: done by both the Contractor's and ,1-,e Subcontractor's forces on the item, Totai doilar amount of Col1.,mns 2. 3, aria 4 must be equal to the dollar amm.nt in the bid price of the item or. bid prop(Jsal pages 13 throug'"' 18, irclusive. Page --· of __ pages of this Subcontractor Designation form .. 0 ursuari! to section 410-l (a)(2)(Ai California Public Cootract Code, receipt GI the PQrtions of the intormaiion preced(,-.,;t by an asterisk required c:--tr.is documerl must be included al lime of submitbng bids contained ir, the "Notice Inviting B:ds." " • ., Revised 4/17/~ 3 City of Carlsbad Project Nos. 6016 & 3557 Paqe 44 of 143 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS PROJECT NOS. 6016 & 3557 CARLSBAD BOULEVARD OVERHEAD RAILING IMPROVEMENTS AND RETAINING WALL REHABILITATION The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor wtll be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5'%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: _ _>-J~-/-~ t ~j C ~-t-c1_,I .e~e~J ____ _ f Subcontractor's Location of Business Po-'Bo K boo 71 o /' (' Street Address ) .J-.. _ __,<-:;_::c--vi ~ (eho ... -------=--Y'Z~---1?-r G 2> (/ City State Zip *Subcontractor's Telephone Number including Area Code: ( 853) ~ie,p , ho87 "Subcontractor's California State Contractors License No. and Classification: -rJt2-(ab C-"JZ *Subcontractor's Carlsbad Business License No.: _________________ _ SUBCONTRACTOR'S BID ITEMS* Bid Amount of Subcontracted Amount of Work In Bid Item Bid Item Including Item Performed by No. Subcontractor's Overhead Contractor Excluding & Profit Overhead & Profit < $ c:, Lf Kq $ ?~ $ -") (b.~o $ 24 $ fr,OO 'vi; $ ~o $ LJ ,,<: $ ~ $ $ $ $ $ $ $ $ Explanation: Column 1 -Bid Item No. from the bid proposal, pages 13 lhrough 18, inclusive, Colu11•n 2 • T1e doilar amount of the item to be performed by the Subcontractor. Columr 3 -The dollar arnount of •t'.'le item to be performed by Contractor's own forces. Amount of Contractor's Ovemead & Profit In Bid Item $ $ $ $ $ $ $ $ Coll.imn 4 -T,e dollar amount of the Contractor's overhead and profit for wor'-< done by both the Contractor's and :l,e Subcontractor's forces on the item. Totai dodar amount of Col1.,mns 2. 3. a:1a 4 must be equal to the dollar amo1..nt in the bid price of the item or. bid propcJsai pages 13 throJgr 18, irclusive. Page __ of __ pages of this Subcontractor Designation fo(m ... "'ursuant to section 410'1 (ai(2)(Aj California Public Cootract Code. receipt of !he portions or the iniorrnation prececlc,-d Oy an asterisk required or-tr.is documerl must be included at time of submitt.ng bids contained ii" the 'Notice Inviting B;ds." ft \.1 Revised 4/17/~ 3 City of Carlsbad Project Nos. 6016 & 3557 Paqe 44 of 143 B Beador Construction Company, Inc. August 21, 2014 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Attention: Mr. Kevin Davis Senior Contract Administrator RE: Subcontractor License Number for Statewide Stripes Inc. Carlsbad Boulevard Overhead Railing Improvements and Retaining Wall Rehabilitation Bid No. PWS 15-06TRAN Mr. Davis, Apparently, Beador made an inadvertent error in writing down the State Contractors License for Statewide Stripes, Inc. The correct license number is 788286. Should you have any questions or comments, please feel free to contact me. Sincerely, Beador Cons~cf any, Inc. ,O,_,,;/#, & David A. Bead President 26320 Lester Circle Corona, CA 92883 •(951) 674-7352 • (951) 674-7495 Fax• License #720483 DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK PROJECT NOS. 6016 & 3557 CARLSBAD BOULEVARD OVERHEAD RAILING IMPROVEMENTS AND RETAINING WALL REHABILITATION "f he Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in preparing this bid for the Work and that the listed Owner Operator/Lessor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency. Full Owner Operator/Lessor Name: Owner Operator/Lsssor Location of Business------------------~ Street Address City State Zip ,.Owner Operator/Lessor Telephone Number including Area Code: (,_ __ _,) _______ _ •• ~-"Owner Operator/Lessor City of Carlsbad Business License No.: ____________ _ OWNER OPERATOR/LESSOR WORK ITEMS Bid Amount of Owner Amount of Work In Bid Amount of Contractor's Item Operator/Lessor Bid Item Item Performed by Overhead & Profit In Bid No. Including owner Contractor Excluding Operator/Lessor's Overhead & Profit Overhead & Profit $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Explanation: Column 1 -Bid Item No. from the bid proposal, pages 10 through 28, inclusive. Column 2 • The dollar amount of the item to be performed by the Owner Operator/Lessor. Column 3 -The dollar amount of the item to be performed by Contractor's own forces. Item Column 4 -The dollar amount of the Contractor's overhead and profit for work. done by both the Contractor's and the Owner Operator/Lessor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to th~ dollar amount in the bid price of the item on bid proposal pages 11 through 30, inclusive. Page __ of __ pages of this Owner Operator/Lessor form • Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asteri11k required on tnis document must be included at the time of submitting bids contained in the "Notice Inviting Bids." I'\ • ., Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 45 of 143 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) PROJECT NOS. 6016 & 3557 CARLSBAD BOULEVARD OVERHEAD RAILING IMPROVEMENTS AND RETAINING WALL REHABILITATION Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. ., ~... Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 46 of 143 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) PROJECT NOS. 6016 & 3557 CARLSBAD BOULEVARD OVERHEAD RAILING IMPROVEMENTS AND RETAINING WALL REHABILITATION The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Name and Address Name and Phone Type of Amount Contract of the Employer No. of Person Work of Completed To Contract Contract T)\~~ ~PD Q~ f¾rkA I\ A,, ··-----' ~ j2A-\ (.. Qo "'° ,;:...r .l1,c. J, ll4.+Cf Ht<MUv&A/7t.,f_) [ l ·-· -.. .. . .... . ·--··". .. --.. . .. . .... --.... -... . ..... -• ft ~+J Revised 4/1 7/13 City of Car!sbad Project Nos. 6016 & 3557 Page 47 of 143 Beador Construction Company. Inc. Attachment "A" MAJOR CONSTRUCTION PROJECTS / COMPLETED Updated 5-13•14 PROJECT NAME • Chapman AYe. !.-.-.cRotrofit Los Angel&s .10 Aoproach & Oepiitrture Slabs Long Beach Tre3C Bricfge Decks Long Be..ach -Weslminster Ave Re~ep Overhano Sidewalk Baldwin Pa,li: -Me:reed Ave. BMneWide~ lrwlndale-lrwmdale A\le. Pavement Rehab Long Beath· OelAmo Blvd. Se1$tNC Retrofit Carson• 2131.h Street Srictae Seismic Retrofil Oown•y • Firestone Blvd. P..tc~tv ON-Ramo :;,.n Juan Capistrano r:-ty Sndoe Repairs 'ia,den Grove• Beach Blvd. 0n-Ramp lmorovements 1--/ine • Michell• Drive BridQe Wldenrn~ Newport Beach Coyote Sas,n Repairs Spring VaUey-8ancrott Drive andge WldeninQ Oceanside Slope Erosion Control San Onofre State Park Ou1!et Reooirs Carson -Avalon Avenue Rcp{a<:e Anoroach Slabs Long Beach -Trinidad Line Bridoe Seism~ Ret10fit Cotton Avenue Repait Stael Girders Cerritos Construct Infiltration Basin San Bemu dino Surge Chambef' Seismic: Retrofit Los Angeles Replace PCC Ontano Seismic Rettor«-s BndQes Anaheim -Kraemerf91 BJl,t?eWlde""1o r 1eles -Century Blvd. .ee>ak -.,. ~~edian BarM-t ~lverside fa'1dae Rep.,;, Cos Angeles Gl~~•e Screens 7:0:.ite 60 -Repl PCC Pave kdantk:Btvd. l,vine Con~ct Check Oam Long Beach .?'!pl PCC Pave Long Buch Colle<:tot Road & Bridge Downey Construct ea,rler Fount:.1in Valle:; WdenRe.mo Long ~ach & Signal Hill HIHV & App Slabs Replaced Gard•n Groi,,ie VVid&n Ramp at Valley View Rancho Cue3monga Dee, Creek Bridge Widenlna San Diego 1"\cd,an Barrier 710 FrHW3Y Barrier Rall Costa Mesa Catvar, Chapel Bridoe LudlOW Repatr Earthqua1{a Oamace tQ 811dQiB Colton Mt Vernon Traffic: Siunal s .... Diego :, •'!:.all COS Unit Riverside ti.l">-dian aarriet on Van Suren Stvd. \.;.> Angekl-s Sierra Madre Dam Brldg-o Replacem.enI C r:~:~t Creek Ou1lel Structure San Bernardino Barrief r.111 on 30 Freeway Sanl~ Ana ~tree1 Bridae Widenina ~ ~~t~andscape & Retam,nc:1 Wall L.aJolla Construct r-.iedian Barner 710 Freeway Cons:1J'uct median barrier --~:~~: water mm San ~mardino County Metal 8&am Guard Ra,I PHONE NUMBER PROJECT MGR PROJECT SUPT OWNER CONT ACT PERSON PHONE NUMBER PHONE NUMBER County of Orange St-an VandetMav 714 567-7832 CalTta.ns OaYid Niov~ 310 577-0005 CarTrans O~t Pham 714 556-1746 L ~ County • OPW Ne1I Munaweera 626 458-3122 City of 8-aldwm Park Anne Gaf\ley 626 000-4011 CalTrans Emie Aidales 909 30S-1250 L A. County -DPW Nfril ~naweera 626 458-3122 LA. County • DPW Nell Munawfera 626 458-3122 CalTrans John VassiUados 582 401~3333 CMV of San Juan Cap. Brian Perry 949 443-6353 CalTtans Leida Neidecker 714 556-8202 Gnfflth Company Allan PaOCovk:h 714 S49,.2291 County of Orange Raymond Douglass 9<9-262-2427 CaITrans Gustavo Oalfa,da 619-462-0662 CaJT<ans Jeff Brown 858-467.4088 Califomla Department of Greg K~nia Parks & Reereat.on 949~366-8598 CalTrans Mas$0d Akbarian 310•516-4140 Countv of Orange Mike Ree1Z 714-567-7621 CalTran-s Manny Yagaraj:eh 909-949-3095 CalTrans Kelvin Tran 562-940-4276 Deparunenc of Wator Bob Ross Resources SOS..946-1024 CalTran5 Reza Jahromi 31 0-609-0264 Cfty ol Ontano Fahim Boulos 909-931-9331 California Prwile Fahim Boulos Transportation Company 909 931·9331 CalTrans Mohamad Pasebaffi 310 509--02n calTrans Bmv Rola$ 909 30S-1284 CalT,ans Ray Stokes 08--493 Hl4 909 275-0211 CalTrans Joseph Tehrani 310168-1704 CalTrans Kelvin Tran 07-4G7304 562 401-3333X239 CalTrans Nahld Baghbanian 12-071304 714 632-2535 CaJTr1;1ns Mashur AU 310 609-0264 carr,ans Amiad Obeid 07-185004 562 401.3333 Ortiz Tom Meyer 07-195704 949 753-1414 ACTA Paul Buckley C0099 323 526-7051 Ca1Trans Oat Pham 12-0AS204 714 556-9•25 CalTrans MaS$0CI Akbartan 07-144614 310~516-4140 Cli!Trans Xavier A"'la 12-0A5004 714 632-2539 So Cal Undergro1Jnd Jim Jackson 310 839-2257 Hazard Constfl.lCOOo I CalTrans 858 587-3600 Excel Pavl.ng GCI CalTrans 08-400004 CalTrans 08-427204 CalTrans 11-172&64 County of Riverside County of Los Ango1es CityolWalnut Yeager Col\'Struction Ccty of Santa Ana Pla,..a Capital Caffrans 11-243704 Excel Paving 07-1384U4 Rainbow Walec Cnst Callrans 08-477904 Will Harris 5-62 599-5841 Tom Taylor 714 951--0233 x22 Frank Lozano 760 2$6-7316 Mario Savala 909 519-2422 Hassan Mustafa 519957•604 Dick Clelland 009 826-5889 Tonyt1ui 626 458-49$4 Jason Weklay 909 594-9702 AJMega 909 721-9746 Tyrone Chesanaek 714 647-50450<29 CiiHRitt 714-345-6941 Ga,yle Vine 760 738-6021 W1UHacris 562 591-7485 Ken o·connor 760 942-0366 X 158 ~AJSaadoon 909 682-1715 Oa'Yld Beador 951-674--7352 David Beador 951-674-7352 Oa>ndBeador 951-674-7352 Oa'lldBeador 951-(!74--7352 David Beador 95\.f57A,.,7352 OaYld 8eador 951-674--7352 David Beador 951-674--7352 David Beador 951-674-7352 David Beadof 951-674--7352 Dal/id Beador 951-674--7352 David 6e~or 951-674--7352 David Beador 951-674--7352 David Beador 951-674-7352 David BHdor 951-874--7352 David Beador 951-674-7352 David Beador 951-674-7352 Oa,.,,d Boador 951-.674-7352 Da'l1d Beado, 951-674-7352 Oavkl Beador 951-674--7352 DaYid Beador 951-674--7352 David Beador 951-674--7352 David Beador 951-674--7352 Oa\l'd Beador 951-674-7352 D.Md Beador 95Hl74-7352 Davd Soador 951-674,7352 OciW! Beador 951-674--7352 Oawi Beadot 951--674~73-52 Oavid Beado, 9S1-674--7352 DavkiBeadot 951-674--7352 David Beador 951-874--7352 David Beadot 951-674--7352 OaYid Beadof 9S1-674--7352 Oa'liclBeador 951-614--7352 David Beador 951-67 4-7352 David Beador 951-674--7352 David Beador 951-674-7352 David Beedor 951..ST4-73S2 Dawt Beador 951-674-7352 Oaind Bee<lor 951-674-7352 Daw!BeOOot 951-674--7352 David Beado, 951-674-7352 oaw::t Beador 951-674-7352 David Beador 951-674-7352 Oa'OO Beador 951-674--7352 Da'm Beador 951-674--7352 DaindBeador 951-874-7352 Oawt Beador 951-674--7352 Oavki Beador 951-674-7352 David Beador 951-674--7352 David Beador 951-874--7352 David Beador 9S1-674-73S2 DavidBeiitdor 951-<l74--7352 Da'lkl Beador 951-674--7352 Da'tidBeador 94,;.n4--0254 Robert HN'loiosa 951-674-7352 Robert H"1oiosa 951-674--7352 Robert Hinojosa 951-674--7352 Robert Hinojosa 951-674---7352 Robert Hinojosa 951-67 4-7352 Robert K1n0josa 951-814-7352 Robert Hinojosa 951--674-7352 Robert Hinojosa 951-674-7352 Robert Hinojosa 951-.874-7352 Rober1 H1nOJ0$3 951-674-7352 Robert Hinojosa 951-674-7352 RobertHino;os.a 951-874-7352 Robert HtnOIOS3 951-674-73S2 Rot>ort Hinojosa 951-674-73S2 Robert Hll'lojosa 951-674--7352 Robert Hinojosa ~1--074-73-52 Rober1 Hinoiosa 951-674-7352 Robeft Hinojosa 951-674--7352 Robert Hinojosa 951-874-7352 Robert Hinojosa 951-674--7352 Robert Hinojosa 951-674-7352 Robert Hinoios:a 9S1-674-73S2 Roben H/notos.a 951-674-7352 Robert HIOo,osa 951-674-7352 Robert HinoiO'S,a 951-674--73~2 Robert Hinojosa 951-674--7352 Robert HinoJ0S3 951-074-7352 Robert Hinojosa 951-674--7352 Roben~iosa 951-(!74-7352 Robel'\ Hinol0$.3 951-614--7352 Robert Hinotosa 951-674-7352 Robert Hinojosa 951-674-7352 Rober1 Hinojosa 951-674-7352 Robert HinolOSi! 951-674--7352 Ramlto Acovedo 949-279-0057 John 8nnk 9'9-279-3676 Rarrwo Acevedo 949-279-0057 Rarr'Vto Acevedo 949-279-0057 Ratnll'o Acevedo 949-279-0057 Ramiro Acevedo 949-279-0057 Ramiro Acei,,iedo 949-27~057 JOhn Brink 949-279-3676 Robert Hinojosa 951-674--7352 John Brink.. 949-279-3676 John Brink 949-,79-3676 Ro~n Hinojosa 949-279-0402 John Brink 949-279-3676 Ra.11'\41'·o Acevedo 949-279-0057 Ramiro Acevedo 949-279-0057 Ramiro Acevedo 949-279-0057 Terry Brown 949 219-038S Ramiro AeeYedo 949-279-0057 John Brink 949-219-3676 JOhn Brfnk 949-279-3676 CONTRACT AMOUNT S 175,000.00 $635,000.00 $146,000.00 S380,000.00 $460,000.00 5250,000.00 $750,000.00 $160,000,00 $180,000.00 $119,000.00 $370,000.00 S260,000.00 S90,000.00 S930.000 00 S129,000.00 565,000.00 5200,000.00 S 180.000.00 $160,000.00 5268,000.00 $106.000.00 $498,000.00 SJ08,000.00 $612,000.00 S175,000.00 $618,000.00 S169,000.00 S 173,000.00 $530,000.00 S191,000.00 5920,000.00 S1 ,S1 S,000.00 S56.250.00 $4,343,000.00 S560,000.00 5333.000.00 $405,000.00 S305.000.00 $24,408.00 1 J CONTRACT COSTS GROSS MARGIN S 175,000.00 S 635,000.00 S 146,000.00 S 380.000.00 S 460,000.00 S 250,000.00 S 750,000.00 S 160,000.00 S 180,000.00 $ 119,000.00 S 370,000.00 S 260,000.00 S 90,000.00 S 9J0,000,00 S 129,000.00 S 85,000.00 S 200,000.00 S 18-0.000.00 S 160.000.00 S 268,000.00 S 106,000.00 S 498.000.00 S 308,000.00 S 512,000.00 S 175.000.00 S 618,000.00 S 169,000.00 S 173,000.00 S 530,000.00 S 191,000.00 S 920,000.00 S 1.515,000,00 S 56,250.00 S 4,343,000.00 S 560,000.00 S 3JJ.000.00 S 405,000 00 S 305,000 00 S 24,406.00 S1.713,951,00 S 1,783,050,00 S t69,099.00I $133.000.00 133,000.00 $700.000.00 700,000.00 $18-0,000.00 180,000.00 $220,000.00 220,000.00 51,300,000.00 S 1,300,000.00 $638,302.00 S 629,732.00 S 8,570.00 S133,000.00 S 133,000.00 $483,000.00 $ 483,000.00 52,946,017.00 S 2,659,285 00 $ 286,732.00 $2,860,403.00 S 2,460,17500 S 400,228.00 51,798,002.00 S 1,561,215.00 S 236,787,00 S1.738,700.00 S 1,738,700.00 SJ46.000.00 346,000.00 S1,269,319.00 S 1,142,723.00 S 126,596.00 PERCENTAGE MARGIN 100.0% 100.0% 100,0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100,0% 100,0't, 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% ""·""' 100.0% 100.0% 100,0% 100.0% 100.0% 1.3% 100.0% 100.0% 9.7% 140~ 13.2% 100.0% 100.0% 10.0% DATE COMPLETION Mav-98 May-98 Jun-98 Sep..97 Se~98 Sep.98 Sep.98 Oct,98 Feb-99 Fet>-99 Aug-99 Sep.99 Oet-99 May-99 Mar-99 Sei>-99 Jan--00 M8J-00 Jun..00 Jun-00 Jun-00 Nov-00 Nov-00 Nov-00 Mat-01 Juo-02 Jun-01 Ao<-01 Feb-02 May-02 Foi>-02 Fei>-02 l)ec.03 Deo-02 Fob-04 Jun--03 Fe~4 Jan-OJ Fob--03 . Beador Construction Company, Inc Attachment "A" 'MAJOR CONSTRUCTION PROJECTS / COMPLETED Upd~t•d 5-13--14 '• t" PHONE NUMBER PROJECT MGR PROJECT SUPT CONTRACT CONTRACT GROSS PERCENTAGE OATE PROJECT NAME OWNER CONTACT PERSON PHONE NUMBER PHONE NUMBER AMOUNT COSTS MARGIN MARGIN COMPL.ETION Palos. Verdes Es.I.ates City of Palo-s Verde-s Wendy Force oa,m Be:ado, John Brink $1,010,000.00 $ 1.010.000.00 100.0% Sep-02 GP--" •ct Stotm Orain #3 3 IO 378-0383 951-87'4-7352 949-279-,3676 ->nl -Marshall Creek Crty of Bnumont John Wilder OavidBeador John Brink $672,000.00 s 672,000.00 100.0% Mat--02 ,..onlrol Channel 909 769-8520 951-674-7352 949-279-3676 i?i~'-!na Hills ettv or Laguna H~ls Ken Rosenfield Oa'lkt Beador Ramito Acevedo $489205.00 s 338.762.00 $ 150,443.00 30,8% ..,..-03 Turtle t.Aifit,ation Plan 949 707-2655 951-87'4-7352 949-279-0057 Lo5 Angeles CalTrans Simon Wang David Beador John 8rink $377,000.00 s 377,000.00 1000%-Sep,02 Slol)e Repalr & lrrin.;atk>n 07-4H5404 213 620--2039 x209 951-874-7352 949-279-3878 Downey CalTrans Wale Alof• Oavad Beador R~ffllro Acevado $203.000.00 s 203,000 00 100.0% O<:t~02 Install Bridoe Dede Storm Drains 07-4GJ804 562 401~3333 :t261 951-67'4-7352 9•9-279-0057 Southgate City of Southgate AB Fakhouri David Beader Ramiro Acevedo $2,•27.249.00 $ 2.096,763 00 s 330,486,00 13.6% Jun-04 Rec:onslrucl 710JrirMtone !nterchanne 310.592-1829 951-87'4-7352 949-279-0057 Oceanside CttyofOceansade GaryKe1li$on DIMdBeador John Bonk $150,000.00 s 150,000.00 100.0% May-03 Install Storm Oraln 7600!>-5112 951-87'4-7352 949-279-3676 Corona. CalTrans Alifathi David Beador John Brink 5171,000.00 s 171,000.00 100.0% Aug-03 Orainaae Improvements 08-467104 909 232-7259 951-87'4-7352 949-279-3676 County or L.A. L.A. County Chandra McCloud David Bttadot John Blink S108,000.00 s 108.000.00 100.0% Sep-03 Box R.e~:1.1cemant Ule A FCC0000892 626 458-4967 951-87'4-7352 949 279-3876 Temttcuta Ea!tem Munte1pal Water Arlen Nietson Oavid Beador John Brink. 5512,016.00 s 537,239.00 $ (25,223.00) -4.9% Sep,04 F.-st Street SeWi:lr [);s!rict Project 867S 909 29&-3777 951-87'4-7352 949 279-3676 Long Beach Port of Long Beach Alex Rel.IS David Bead« Ramlro~edo 5173.592.00 s 149,312.00 s 24280.00 14.0% Jun.-04 < Btorm Oraio Pumo Starlon 23 562 590-4173 951-67'4-7352 949 279-0057 San Juan Capistrano CalT,ans An<JyMy()ouolg Da>AdBeodo< Ramiro AceYodo $1,391,750.00 $ 1,391,750.00 100.0% N,gv-03 Stoneh,ill Drive median batf'lflr 12-0A•oo4 71• 556-1334 951-87'4-7352 949 279-00$7 Laguna Nigel CaJTrans Kifah Ramadan Oa'lld Beador Jol\n Brink S291,832.00 s 261.755.00 s 30,077.00 10.3% ""'"°' ReDair slope e,osiofl & mod1fy dndnaae 12-0F3804 714 418-5004 951-874-7352 949 279-3876 LA I Redondo Beach CalTrans WendeU OavkJscn David Beador John 8rin1( S341,651,00 $ 252,155.00 $ 89,496.00 28.2% F•b-04 Install metal be1;1m auard rail 07-4G5004 213 798-8048 951-87'4-7352 949 279-3676 Highland Callrans lmad Abu-Gharbieh David Beador John Brink $421,281.00 s 322,222.00 s 99,059.00 23.5% Oec--03 Remove & reconstruct "'-L-.e nuhnn 08-437204 909 390-4503 951-874-7352 949 279-3676 ..tit. tr"• Oak Spreading Ground Three Vtll&ys Muruclpal ThomHBay1es Oavid Beador John Brink $338,568.00 s 258,516.00 $ 78.052.00 23.2% hn..OS ~ad water connection Wa1or0istrict 626 357-0588 951-87'4-7352 949 279-3876 --~iverside Coun1y of Rivers«:!e Hugh Smith Oaw::t Seador John Brink $331,300.00 s 331,300.00 100.0% Mar.04 :-raffle SKJnal lb \Ian 8uten & Jurupa 909 955-6885 951-874-7352 949 279-3876 Torrance CltV of T onanc:e Stev& Finton D~8eador John Brink s, ,016,068.00 s 832,039.00 s 184,029.00 18.1% NOY-03 234 Street channel ITT\provements 310618•2975 951-67'4-7352 949 279-3876 Fullerton CafTrans James Decker David 8-aaclor John Bnnk $207,300.00 s 207,300.00 100.0% Jao-04 Euclid Streel Undererossln!l 12..(JF8304 7U688·19S1 951-874-7352 949 279-3676 ~ of Carlsbad City ol Ca1~bad Gtanl Clavier Oavid Beador John Brink $423,698.00 s 377,737.00 $ 45,961.00 10,8% Doe-04 ., amino Real Sewar line Contract# 38911 760-802-2780 951-67'4-7352 949 279-3876 Counly or Orange County of Orange fMThornton Oavkl Be.ador John Brink $1,863.859.00 5 1,677,645.00 $ 186,214.00 10.0% OCl-06 Tustin Avenue Wldernno ER 08930 71'4-587-7834 951-87'4-7352 9•9-279-3676 Pl.aya Vista Playa Vista CliffRitz Oavtd Beador Ramero Acevedo S2,500,000.00 s 2,500,000.00 100.0% Jun-04 Rioarian Comdor 31 o-345-894 1 951-87'4-7352 949-279-0057 Moreno VaUey CalTrans .AliA)..Saadoon Oa't'id Bead« John BrW,k $602,700.00 s 602,700.00 100.0% Mar-OS vvrden 60 Freewav Exit Ramp 08-486204 951-276-1945 951-87'4-7352 949-279-3676 Fonuna City of Fontana Paul Lemoine Oaw:f Beador John Brink $618,700.00 $ 618,700.00 100.0% Aug-05 Catawba & Curtis Avenua Storm Drain 951-886-1070 951-67'4-7352 949-279-3676 Oceanside CitY 01 oe~ansidet OanleUe M.uwen David Seiidor John Brink 53,119,640.00 $ 2,321,980.00 s 797,660,00 25.8% Oct-06 Oouit1las Avenue Storm Drain O.R.Horton Homes 760.929-1600 951-87'4-7352 949-279-3676 e -, Mtsa CalTrans Kifah Ramadan David Beador John Brink $420,272.00 s 268,789.00 $ 151,.83.00 36.0% Doe-OS Joinl Seal 12-0G8304 949-279-8625 951-874-7352 949-279-3878 l'l,r\if& SS) AC Pavement CafTrans Kugan RamananU.an Oavid Beador JGhn Brink $2,449,368.00 $ 1,846,862.00 s 602,506.00 24.6% Mar..Q6 12-0F2604 949-279-8495 951-874-7352 949-279-3676 Hunnington Beach CarTrans lssacTaMr David Bead« John Bnnk $1,191,183.00 5 1,975,194.00 s 215,989.00 9,9% Oet·06 (405 & Beach) Add OJframp Lane 12-0A7614 949-279-8411 951-87'4-7352 949-279,3676 Santa Ana CatTnans Ga~mZiaelan David Be~or John Brink $182,945.00 s 103,728.00 s 59,217.00 36.3% Jul-06 (S8 55 & """'•r) 12-0F3604 949-279-8465 951-87'4-7352 949-279-3676 Hagador Canyon CreekJOrchanl Gltn Centex Home.s Glen Land Oavkl Beador John Brink $6250,665.00 $ •. 585,733.00 $ 1,664,882.00 26.6% Nov-06 Centex Homes 949-453-0113 951-87'4-7352 949-279.3676 Dana Point Dana Point/Sewer Repairs Tom Townsend DaVKIBe.ador John Brink $32,000.00 s 32,000.00 100.0% Doc-OS Sewer Reoal1JOana Point Harboc' Dana Pont Harbor 949-923-3795 951-87'4-7352 949-279-3878 City of Coron1 SE Co"'°"'lion Hamid Soroosh 08'\l'id Beador John Brink $1,554,198.00 $ 2,080,512.00 s 473,686.00 18.5% Oct-06 D-Js I rv,05fl'emeseal Carrvan/Bedford Wa,t, Channel 213-926-2640 951-87'4-7352 9-49-279,3876 City or Oceanside PBS&J Jeff Moody Dawl Beodo< John Brink $1243,125.00 $ 868,884.00 s 374,241.00 30.1% Jun-06 ~M'ltas Drive Streel lmpro,iement 760-525-8847 951-87'4-7352 949-279..3676 Tustin County ol Orange Ociaveo Rivas David ee~or John Brink $1,611 ,976,00 s 1,268,513.00 $ 345,463,00 21.4% Jan-06 ~-i~e Drive/Storm Sewer 71'4-567-7814 951-87'4-7352 949-279-3876 Hontington Beach Caltrans James Yi David Beador John Brink 5458,056.00 s 340.837.00 s 11721900 25.6% Aug-06 4-os.&SS EdiMer Avenue o~Ramp 12-0G3804 714-556-8202 951-874-7352 949-279-3676 San Diego Caurans Con Konla.xis Oa'Jid Seador John 8r1nk 5370,100,00 s 255,692 00 $ 114.408.00 30.9% Nov-08 State Hwy Modify Ex:istina o,atnaoe 11-091604 619-397-8254 951-874-7352 949,279-3676 Los An_geS.s Catlrans RedaKar01Jt David 8.ador John Brink $532,368.00 s 369,0500 s 162,933.00 30.6% Ocl-06 R,;;,cooskucl o,atnaae lnvett 07-4G7004 626-338-3340 951-87'4-7352 949-279-3878 Colton Caltrans All Felhl Oa'Yid 8eado1 Ramlro Acevedo $159,405.00 s 100,187.00 s 59.218,00 37.1% Jun..Q6 Repair Oraitlaae Girder o.&-QF2704 951--276-1945 951--674-7352 949-279.0057 ;:-t°f Oceanside City of OcaanSlde Gary Bodman oaw:i Beador John Brink SS-08,596,00 s 527,894.00 s (19,298.00) ..J.8% Ja~07 er Street Sewer l.Jne tmprovemenl 760--435-S908 951.SH-73S2 949-279-3676 Laguna Coast Wddemen Park Co1Jnfy of Orange W.P. Niemlilnn D:MC!BeadO< JoM 8nnk $370,909.00 s 293,405.00 s 77,504.00 20.9% Jun-07 SCE Bridoe 71'4-83'4-7801 951-874-7352 949--279--3676 lrY1ne Caltrans Kifah Ramadan Oaw:tBeador John Brink $9,184,70,4.00 s 7,474,361.00 s 1,710,J.43.00 1S,6% Jul-07 SJ1 33/Barranca 12-0F9504 949-279-8625 951-87•-7352 949-279-3676 Irvine CalttaM JamosYi Oato'kt Beador John Brlnk $2,104,600.00 s 1,415,47\,00 s 689,129.00 32.7% Ar,r.07 73/Bonlta Canvon/EI Toro 12-0C9834 949--279-8743 951-87'4-7352 949--279-.3676 CoHon Caltrans Nahro Saoud Oavid 6e.edor John Brink 54,•oo.no.oo s 3,917,724.00 s 482,996.00 11.0% Apt-07 215 08-0C1804 951-232-9778 951-87'4-7352 949-279-3676 City or T•mecula City of Temecula Scott Harvey Oavid Beadot JoM Brink 54,956,165.00 s 4,145,358.00 s 810.810.00 16.4% Feb-07 79 south 951-89'4-8411 951-674-73S2 949-279,3676 C~of Nawport Buth City of Newpon Beach Michael Sinaeal'l Oaiw:t BeadOf' John Brink $4,555,025.00 s 3,500,612.00 $ t,OS4,413.00 23.1% Al)<-07 ~ ~Canvon 949-644-3311 951-874-7352 949-279-3676 Corona SE Corporation H.lmid SorooSh David Beador John Brink $1 ,258.500.00 $ 825,961,00 s 432,539.00 34 .• % Oet-06 Weirick Road & 15 213-926-26840 951-874-7352 949-279-3676 Huntington Beach Catnns Jose Berrios Oavid Beador John Brink 5422,006.00 s 327,128.00 s 94,878.00 22.5% Jun,07 Westminster & E<fui~er 12-0H0014 94g.219-8so2 951-874-7352 949-279-3676 Anaheim Cattrans Jose Bernos David Beador John Brink $1,063,311.00 s 1,150,894.00 s (87,583.00) -6.2% Ju~OS Gene.ti..,....., 12-0F9404 949-279-8502 951-87 .. 7352 949-279-3876 Orange & Anaheim Caltreins Klfah Ramadan Da~Beador John Brink $634,227.00 s 471,780.00 $ 162,447.00 25.6% Aug-07 57FWV 12...QH2434 949-279-8825 951-87 4-7352 ••s-279..3676 Cc!iona County ol Riverside Ivan Mendoza David 8eador John Brink $1,507,457.00 s 1,365,753.00 s 141,704.00 9.4% Jul.07 ~t.loolHarlev Road 582-25'4-9351 951-87'4-7352 949-279-3676 City of IMlle Steve ono David Beador John Brink $22,983,169.00 s 19,058,240.00 s 3.924,929,00 17.1% Dee-09 Jr& Redhill 949-72'4-6000 951-874-7352 949-279-3676 ~.Linda Cow,fV of Ofal'\ge D-aten Shappel Oavid Beador John Btink Sl,697.571.00 s 1,2ll8,632.00 s 428,939.00 25.3% Sep-08 Saiita Ana RNer 81h Trad 71'4-567-7837 951-87'4-7352 949-279-3876 SoulhGate C4ty of SoU1h Gate Jim Hannigan Oa-wld Beador Bob Ortega $11,160,875.00 s 9,079207,00 $ 2,081,668.00 16.7% Oct-08 Firestone BMne Wtcfenlng-Rio Hondo 58!>-20!>-7730 951-674-7352 949-878-2041 San Otego Cal11"8ns Rahim 858-888-1313 Oa'llid Beador John Brink $179,700.00 s 119.878.00 s 59,822.00 33.3% Jun..()7 Route 52 11-280604 Akhondzadz.adeh 951-874-7352 949-279-3676 Lucerne Va.lhtv Cal1rans Motisen Patvinjah Oavid Beador John BJln'k $489,016.00 s •12,024.00 s 76,992.00 15.7% Aug-07 Route247 08--0H6404 951-232-7755 951-874-7352 949-279-3676 Various Caltrans WanenYut Oa't'id Seador .klhn8rink $10,400,238.00 $ 8.983,453,00 s 1,416,785.00 13.6% Jan.10 Beador Construction Company, Inc. Attachment "A" ! R CONSTRUCTION PROJECTS / COMPLETED Updat•d S.13•14 PHONE NUMBER PROJECT MGR PROJECT SUPT CONTRACT CONTRACT GROSS PERCENTAGE DATE PROJECT NAME OWNER CONTACT PERSON PHONE NUMBER PHONE NUMBER AMOUNT COSTS MARGIN MARGIN COMPLETTON 2~0FWV-CCTV 07-129934 562-755-9218 951-674-7352 9 ... 219-3676 .;,;stin Caitrarl$ Hossain Mansouri O.v'dBeodO< John Brink $213,027.00 s 163.522.00 s 49,505.00 232% Od-07 ~FWY&55FW'f 12-0H3704 949-598-3587 951-674-7352 949-219-3676 Costa Mesa Caltrans Kuga.n Rame:nathan OavfdBeadot John Stink $309, 148.00 s 311,735 00 s (2.587.00) -0,8% Od-07 Pa,ula,non Avenue 12-0G1904 714-567-6172 951-674-7352 949-279-3676 Laguna Coast Wilderness Par'k CoUf1ty of Orange Chris Kubasek David Be.,11d0t John Brink $598.965.00 s 415.046 00 $ 183,919.00 30.7% NOY-08 Multi-Use Trail 71 ... 48-6251 951-674-7352 949-279-3676 Fountain Valley Cartrans Majid Java~m3$ha.n David Beudor John Brink $876.273.00 s 824,800.00 s St.473.00 5.9% Ja,n-09 Brookhurst & 405 Freeway 12-0HS404 949-279-3743 951-674-7352 949•279--3676 City of Corona City of Co,ona Reza Zotgha,dr David Beador John Brink $1,762,710.00 $ 1,914,086.00 s (151,376.00) -3.6% JuJ.08 E.1 Cerrito lnterchanao lmntovements • I• 15 951-736-244 I 951-674-7352 949-279-3676 City of Costa Mtsa City of Costa Mesa Raia Sethur&rman David Beador Ramito AC6vodo $3.582,420.00 s 3,477,075.00 s 105,345.00 2-9% Ap(-09 Harbor Boulevard Improvements-405 714-754-5032 951-674-7352 949-279-0057 Corona Caltrans lmad Abughartlieh Oa-Ad Beador John Brink $13,773,532.00 s 12,740,597.00 s 1,032.935.00 7.5% Od-09 VViden 8ridoel1nterchanae rmprnvments 08-452204 951-232-3610 951-674-7352 949--279-3676 Los Angeles CalTrans Darrell McKenZIB 03Yld8oadof John Brink $502,733.00 $ 389,38500 $ 113.348.00 22.5% Seo-08 Various 07-246704 818-637-2506 951-674-7352 949-279-3676 San Oitgo caITrans Greg Mc:Clendan Davd BeadOI" John Brink 5517,031.00 $ 590,580.00 $ (73.549.00) •142% Oct~08 Ramp Rehabilitation 11-284004 760-35S-8666 951-674-7352 949-279-3676 LosAngeJu Caltrans Hassan Azina Oavfd Beador John Brink $259,503.00 s 173,835.00 $ 85,668.00 33.0% Sop-08 P-avina & Slope PaW'la 07-4S7404 323-981-1795 951-674-7352 949-279-3676 Mir.aLQma ettv oJ Loma Unda Ivan Benavicfez Oaw:18-eador Bob Ortega $3,947.214.00 s 3,759.863.00 $ 187,351.00 ,.1% Jan-10 Mountain V1e.v /..'lenue Bna{le \J'/IOemrHJ 909-350-2144 951-674-7352 949-678-2041 Vista Point CalTrans Seni Paibul Daw! Beador John Brirlk $442.690.00 s 426,696.00 s 1$,994,00 3.6% Aug-08 Paw,o 08-0CS004 909-381-1939 951-674-7352 949-279-3676 Huperia & 15 FWY Callrans EhabMina David Bei!dor John Brink $222,359.00 $ 228.551.00 s (6.192.00) -2.8% Sep-08 Paw,o 08--0H1204 951-232-6415 951-674-7352 949-279-3676 San Otego CalTrans CarlosCortn Oawt Beador John Brink 5457 ,544.00 s 571,259.00 s (113,715.00) -24.9% Apr-09 Ramp Rehab & WldeniM 11·285904 619-697-0217 951-674-7352 949-279-3676 San Bernardino CiiJTrans Alfonso Gonzales Oavid Be.ado, John Brink S 1,821.655.00 s 1.S.18,872.00 s 302.983.00 16.6% JuJ.()8 Emeroencv Jobs 08-0L760,V08-0L7704 760~43-5844 95 l-67 4-7352 949-279-3676 Ventura CalTnms JOSG:ph T ehra.nt Daw:! Beador John Brink $394,576.00 s 405,622.00 $ (11,046.00) ·2.8% Sop.08 Cotd plane & hot m« asphalat OYerlav 07-2Y6604 805--375-9247 951-674-7352 949-279-3676 Montef'ey Park CalTrans Mlguel Rodriguez David 8eadot John Brink $523,297.00 s 517,900.00 s 5.397.00 1,0% Sep-08 CQld olane & hot milt: asphalat over1av 07-1X2404 3?3-981-1795 951-674-7352 949-279-3676 ~-:0119 Beach Port of Long Beach Alex Rous Dawi Beadot Bob Ortega 5555.170.00 s 230,736.00 s 324,434.00 58.4% Jan-09 Stiaiohlen 8riM.e Girder@ 10th Slteet 552.590-4112 951-674-7352 94.9-678-2041 Los Angeles CalTrans Sam Gallardo David 8Eiadot Jeff Barglowski S9,998,04l.00 s 8,681,396.00 $ 1,316,647.00 13.2% Mat-10 Soputveda Ramp & snnne Widenina 07-178504 310-609-0264 951-674-7352 949-337-0543 San SQmardino SAABAG Mario Alarcon OavidBeitdor R.amiro Acevedo St.150.416,00 $ 784.975.00 s 365,441.00 31.8% SR 2t0 Muscoy Onderruass S~f'lliC C0ll-191 909-795-1003 951-674-7352 949-279-0057 Newpon Beach-Crystal H~ight:5 Onve CarTl'ans fred Htt!Tlldi DaYid Seador John Brink $707,545.00 $ 594,075.00 $ 113.470.00 16.()% Mar•lO Dralflaoe. Cold Plane, Pavtn(l, Planrin<1 12-0G5304 949-279-3486 951-674-7352 949-279-3676 Riverside LNR Rive<>ide, UC John Schaefer OitowiBe-ador Jeff 8argtowski $1,860,621.00 s 1,216,523.00 s 644,098.00 34.6% SOl)-09 C '°lYe .s.2,s a~~nir'q 949-885-3500 951-67•-7352 949-337-0543 & " CaITrans Mahfual Alam David Beador John Brink $44,234,240.00 s 41.572,430.00 s 2,661,810.00 6.0% StartFeb2009 ~; ;.,.t Bridae & Stteet Wofb 08-472304 951-276--1938 951-674-7352 949-279-3676 Santa Ana City or Santa Ana • Stn William AU;1tight Oavkl Beador Jett 8arglowsld $2,415,273.00 s 1,975,745.00 s 439.528.00 18.2% Ma,.10 Construct Brfdao & Streel Worb 5th St & McFadden Brldae 714-647-5029 951-674-7352 949-337-0543 Barstow CatTrans. Taghre&d AI-Khatceb Da'lia 8•""°' Sob Ortega $477254.00 $ 530,212.00 s (52.95a.OO) -11,1% Sep.()9 RehlJbititare 8Mt\& Decks 08-4929()4 95 t-232-7793 951-674-7352 949-678-2041 Ontario/Rancho Cucamonga Ca!Trans EMra Lehilrt DaYid Soador 8ob0ttega $473,773.00 $ 414,862.00 $ sa.911.00 12.4% Sep-09 Rehabilitate Brirlne Deel($ 08--0G7404 951-232-3949 951-674-7352 949-678-2041 Anaheim 55191 CalTraos SamKhatibi David Boador Sob Ortega S189,668.00 s 169,784.00 s 19,884.00 10.5% JuJ-09 R&Dlace Concrete SI.abs 12-CH3904 949-279-8416 951-674-7352 949-678--2041 County of Los AngeJe.s County of Los Angeles. ~or Bermudez Oavid Beador Jeff BarglQW'SJQ $250.300.00 s 246,175.00 s 4,125.00 1.6% 0<1-09 Ca rsonf1232-1.lne A FCC0001099 626-688-8275 951-674-7352 949-337-0543 County or Los A.ngeles County or Los Angelu Salman Khan OaVICSBaador BobO.,.,,a $197.120.00 s 200,887.00 s (3.767.00) •1.9% s,an Seot 201 o Anaheim Sire et Over LB free-way ROC0011234 626-458--4956 951-674-7352 949-678-2041 Complete Feb 201 t County of Oranoe County of Orange Hamid Abedzadeh David B&ador Ramlfo AceYedo 54,776,212.00 $ 4.4-32,241,00 s 343,971.00 7.2% Start AP( 2010 Moulton Par1cwav Wldenino ER08402 714-567-7800 951-674-7352 949-279-0057 Complete Dee 2011 County of los Angeles County or Los ~eles AfoxCartos Oaind Beador Bob Ortega $1,595,361.00 s 1.469,838.00 $ 125,523.00 7.9% Staf1May2010 VaUev Blvd ove, Old Val!()'I' Rd & UPRR ROC0012368 626-786--5813 951-674-7352 949-678-2041 Complelo 2012 Irvin• CafTrans Steve J<inafy David Beado, Ricardo Covarrubias $309.122.00 $ 266.978.00 s 42,144.00 13.6% Aug.10 Rte 133 • Hot Mbr As;ot-tan Overlav 12-0K2704 949--279-6800 951-674-7352 951-453-3378 Mof'eno Val~y CalTrans Miguel Calixto Oa't'ld Beador E.van Burden $4,433.631,00 s 4,111.764.00 s 321,867.00 7.3% srartJutv2010 P!a 60 • Rubberized HMA Ovorl.tty 08--0N300'4 951•232..8957 951-674-7352 909.721.1642 Oe(;.tQ s.-.n Juan C~pistr,1,no CalTrans Mapd Javahemeshan Oavid&ador Ramifo Acevedo $8,404,700.00 s 8,404,700.00 100.0% Start June 2011 hre 5 -Widen Roartv.-aY and Bridces 12-0E5704 949-289-3551 951~74-7352 949-279-0057 Complecte Juno 2013 Irv~• CirvoflMne $t8\le Sherwood Oa'-lid Seador la!lYCOleman $248,567.00 s 144,783,00 $ 103,784.00 41.8% Sto.r1Nov20t0 ~acanhu, Modwn OralniKle lmprvmnts 314120 949-724-6000 951--674.7352 949-279-0386 Comcilete Sepe, 2011 lrwinda~ • Bridge County or Los Angeles Sa.Iman Khan 03'nd Bead'or Bob Onega $1,929.786.00 s 1,560,714.00 s 369,072.00 19.1% Star1M~2011 Foothill Blvd over San Gab~I RIYel' ROC0011613 626-458--4956 951.e74-7352 949-678-2041 Complete Apol 2012 Long Beach • Road Improvements Port or Long Beach PK Wang Oavd BeodO< Sob Ortega $428,822.00 s 272,808.00 s 156.014.00 36.4% Start0ct2010 71 O· Nitlth and Shoemaker Btldr-tc HO-S2339 562-901-1759 951-674-7352 949-678-2041 Complete 2012 L->ng Buch • Bridge Gitder Repalr Port or Long Boach PK Wang Oavk:I Beadof Bob Ortega $439,371.00 s 271.191.00 s 168,180.00 38.3% Stall Oct 2010 SR 710. Anahefrn Slteet Bridae H0-$2320A 562·901•1759 9-51~74,..7352 949-678-2041 Complele 2012 Newpon Beach Seismic Retrofit Ci[Y or Newport Beach Thomas Sandefur David Beadof Ramiro Acevedo $780.759.00 s 605,420.00 s 175.339.00 22.5% Start Dee 2010 Britkle Seismic Retrofit "3531 949-644--3312 951-674•7352 949-279-0057 Como&ele Aua 2011 57FWY cam·ans Adri3nWu David S.ador Jert 8 & Bob Ortega $28,581,800.00 s 28,581,800.00 100.0% suut Feb 2011 Rte 57 in Pl.acenn.a & Fullerton 12-0f0314 949-279--8488 9S1-674-7352 951-674-7352 Complete S.-2014 4 1.10 WB Lane addition SAABAG Ken LOncharich David Beador Ramiro AceYedo $16.083,300.00 s 16,083,300.00 100.0% Slan Feb 2011 Rte 1 0 in ReQlandi & Yuc&pa C10190 STPlN 6053(088 949-283-0854 951-674-7352 949-279-0057 Complele 201 J J. City or Newport Beach City or Newport Beach AB Fakhouri DaYid Beador Ra~o Aoeve<lo S3,522,723.00 s 3,099,055,00 s 423,668.00 12.0% StartMay20t1 Jambot~ Road over SR·73 03724 949-644-3312 951-674-7352 949-279-0057 Complete 2012 County of Orange County or Orange Hiram Oownard OaiAd Beador Ramiro Acevedo S20.053,300.00 s 20,053.300.00 100.0% Start June 2011 -;Anfnn"'Petkw-av JER08990 114-567-7838 951-674-7352 949-279-0057 complela 2013 City of Moreno Valley C4l'y of Moreno Valley VilenShah OiMd Bead<l< BobO.,.,,a $229,000.00 s 212.902.00 s 16,098.00 7.0% Start Apnl 2011 2011 Citvwvto Bridae Maintenance Proaram 11-22679826 951-314-2288 951-674-7352 949-678-2041 Complete June 2011 County of San Bernardino County of San eematdlno David Beador Bob Ortega $360,422.00 $ 212,968.00 s 147,454.00 40.9% St.ut May 2012 1Hwv330 08-0J8004 951-674-7352 949-678-2041 J/ County ol Riverskfe City of CorooaJt.-1umeta Da\l'k:I Beador Bob Ortega $726,521.00 s 609,111 00 $ 117.410.00 162'4 15/215191 08-002104 9S1.674-7352 949-678-2041 .s~\~e~Q~~:i!:oair COonty of Rniers-ide David Beador Bob Ortega $11.870.00 s 9,529.00 s 2,341.00 19.7% 08-007004 951-674-7352 949-678-2041 1~~~ 8 Los Angeles County of Los Angeles Oa'tlld Seador Sob Ortega $1.169,693.00 s 86ll.738.00 s 300.955.00 25.7% 07-3X4604 951-674-7352 949-678-2041 County of Orange Councv of Orange David a.odor Ramiro Acevedo $235.551.00 s 199.686.00 s 35,865.00 15.2% 91 Fraewav Emeu1ene,,, 12-0Ml904 951-674-7352 949-279-0057 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) PROJECT NOS. 6016 & 3557 CARLSBAD BOULEVARD OVERHEAD RAILING IMPROVEMENTS AND RETAINING WALL REHABILITATION As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: l i Comprehensive General Liability r : Automobile Liability n Workers Compensation 1··1 Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this Contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project far 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. (\ fi Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 48 of 143 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) PROJECT NOS. 6016 & 3557: CARLSBAD BOULEVARD OVERHEAD RAILING IMPROVEMENTS AND RETAINING WALL REHABILITATION 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes no 2) If yes, what was/were the name(s) of the agency{ies) and what was/were the period(s} of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: (Si \J:lv1d 1:>eo.dmc 1 ?re~)clrot (print name/title) Page _L of~ pages of this Re Debarment form ft \i;J Revised 4i17i13 City of Carlsbad Project Nos. 6016 & 3557 Page 49 of 143 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) PROJECT NOS. 6016 & 3557 CARLSBAD BOULEVARD OVERHEAD RAILING IMPROVEMENTS AND RETAINING WALL REHABILITATION 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 1 O years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? :t yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? X' ' yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? 'P yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? yes ~o 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. (If needed attach 'additional sheets to provide full disclosure.) Page _J__ of _1::_ pages of this Disclosure of Discipline form ft '-I Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 50 of 143 BIDDER~S DISCLOSURE OF DISCIPLINE RECORD {CONTINUED) (To Accompany Proposal) PROJECT NOS. 6016 & 3557 CARLSBAD BOULEVARD OVERHEAD RAILING IMPROVEMENTS AND RETAINING WALL REHABILITATION 6) If the answer to either of 2 or 4 above is yes fully identify. in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR'. v'IC, Page --1:::_ of _____2 pages of this Disclosure of Discipline form it, ~,;' Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 51 of 143 .... NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 PROJECT NOS. 6016 & 3557 CARLSBAD BOULEVARD OVERHEAD RAILING IMPROVEMENTS AND RETAINING WALL REHABILITATION The undersigned declares: -....1~1'1~ \r,Q. I am the QTcsc~-.D, of~er.&v: C'ro?)vv.tt-i";'tne party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. 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 to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose . Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture. limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ~u. s:t 19 , 2014 at Cc-@w ity], C'¾., [state]- Si ("\ • ., Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 52 of 143 I •' ACORD9 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 11/5/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Patriot Risk & Insurance Services CONTACT NAME: 8105 Irvine Center Drive #400 r.~~N:n Ext>: (949) 486-7900 I rffc Nol: 1949\ 486-7950 Irvine, CA 92618 E-MAIL ADDRESS: INSURER(Sl AFFORDING COVERAGE NAIC# www.patrisk.com OG55454 INSURER A: Libertv Mutual Fire Insurance 23035 INSURED INSURERB: National Union Fire Ins. Co. of Pittsburah PA 19445 Beador Construction Company, Inc. INSURERC: 26320 Lester Circle Corona CA 92883 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: 22237192 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR 1,:~Mi~1 1,:~Mi~1 LIMITS LTR l•••~n l••••n POLICY NUMBER A ,_L COMMERCIAL GENERAL LIABILITY ✓ TB2Z91455893024 1/15/2014 1/15/2015 EACH OCCURRENCE $ 2,000,000 D CLAIMS-MADE w OCCUR DAMAGE TO RENTED '--PREMISES /Ea occurrence I $ 300,000 ,_L Se11aration of Interests MED EXP (Any one person} $ 10,000 ,_L Deductible $10,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 Fl POLICY 0 _mg, • LOG PRODUCTS -COMP/OP AGG $ 4,000,000 OTHER: $ A AUTOMOBILE LIABILITY AS2Z91455893014 1/15/2014 1/15/2015 COMBINED SINGLE LIMIT $ 1,000,000 '--{Ea accident) d_ ANY AUTO No Deductible for Auto BODILY INJURY (Per person) $ ~ Liability ALL OWNED SCHEDULED BODILY INJURY (Per accident} $ '--AUTOS ~ AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS /Per accident\ '--~ $ B d_ UMBRELLA LIAB ~ OCCUR BE034784252 1/15/2014 1/15/2015 EACH OCCURRENCE $ 25,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 25,000,000 DED I ✓ I RETENTION$10,000 $ B WORKERS COMPENSATION WC49342321 1/15/2014 1/15/2015 ✓ I ~ffTUTE I I OTH- AND EMPLOYERS' LIABILITY ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE • N/A EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH} EL DISEASE -EA EMPLOYEE $ 1,000,000 ~~i~~ftfi~ otOPERATIONS below EL DISEASE· POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Carslbad Blvd., Overhead Railing Improvements and Retaining Wall Rehabilitation, Bid No. PWS15-06TRAN, City of Carlsbad, its officials, employees and volunteers are named as Additional Insured, includes Primary and Non-contributory as respects to General Liability per endorsement attached where required by written contract. 30 days notice of cancellation, 1 O days for non-payment of premium. CERTIFICATE HOLDER CANCELLATION City of Carlsbad Public Works Purchasing Department Attn: Kevin Davis SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Avenue Carlsbad CA 92008-7314 AUTHOR1ZEDREPRESENTAT1vE ,/: . ,f,,. -···--~-. A ~-, ;; : J,,.;~:z4,,.,-£_,, t'. . "j-t1,._,.,...., . .., )( ,.,.T '"" U L------1.1 ______________________ .L..;;L;.;;.e.;:..onc;.;a::.r..:cd..::E;;_. :::Z;;_im"-'in_s:....k..,_y ____ · _______________ _, © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD CERT NO.: 22237192 Annette Romero 11/5/2014 2:52:43 PM {PST) Page 1 of 9 This certificate cancels and supersedes ALL previously issued certificates. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIBERTY DirectSolutions for Contractors This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement modifies insurance by broadening the insurance provided by CG 00 01. Index of modified items: Item 1-REASONABLE FORCE Item 2. -NON-OWNED WATERCRAFT EXTENSION Item 3. -ALIENATED PREMISES Item 4. -PROPERTY IN YOUR CARE, CUSTODY OR CONTROL Item 5. -DAMAGE TO PREMISES RENTED TO YOU -EXPANDED COVERAGE Item 6. -BODILY INJURY TO CO-EMPLOYEES Item 7. -HEALTH CARE PROFESSIONALS AS INSUREDS Item 8. -NEWLY FORMED OR ACQUIRED ENTITIES Item 9. -BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION-MANAGERS OR LESSORS OF PREMISES Item 10. -EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES) Item 11. -BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION -PERSON OR ORGANIZATION Item 12. -ADDITIONAL INSURED -ARCHITECTS, ENGINEERS OR SURVEYORS Item 13. -ADDITIONAL INSURED -STATE, MUNICIPALITY OR POLITICAL SUBDIVISION -PERMITS Item 14. -ADDITIONAL INSURED AND WAIVER OF SUBROGATION -LESSOR OF LEASED EQUIPMENT Item 15. -KNOWLEDGE OF OCCURRENCE Item 16. -UNINTENTIONAL ERRORS AND OMISSIONS Item 17. -BODILY INJURY REDEFINITION Item 18. -MOBILE EQUIPMENT REDEFINITION Item 19. -SUPPLEMENTARY PAYMENTS Item 20. -LIBERALIZATION These changes broaden the policy sections described unless differing language is separately endorsed to the coverage part. Item 1. -REASONABLE FORCE Exclusion a. of Coverage A is replaced by the following: a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Item 2. -NON-OWNED WATERCRAFT EXTENSION Subparagraph g.(2) of Exclusion g. of Coverage A (Section I -Coverages) is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used for public transportation or as a common carrier. Item 3. -ALIENATED PREMISES 1. Subparagraph j.(2) of Exclusions of Section I -Coverages -Bodily Injury And Property Damage Liability is replaced by the following: LG 3180 09 07 Page 1 of8 (2) Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises, and occurs from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. Item 4. -PROPERTY IN YOUR CARE, CUSTODY OR CONTROL 1. Subparagraphs (3) and (4) of exclusion j. of coverage A. do not apply except to (a) borrowed equipment, or (b) "property damage" to property in your care, custody and control while in transit. This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this policy. 2. Limits of Insurance Subject to Paragraphs 2., 3., and 5. of Section III -Limits Of Insurance, the most we will pay for insurance provided by paragraph 1., above is: $10,000 Each Occurrence Limit $25,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one "occurrence" regardless of the number of persons or organizations who sustain damage because of that "occurrence." The Aggregate Limit is the most we will pay for the sum of all occurrences covered by this provision. Item 5. -DAMAGE TO PREMISES RENTED TO YOU -EXP ANDED COVERAGE A. Fire, Lightning Or Explosion Damage The last paragraph of 2. Exclusions under Section I -Coverage A is replaced by the following: Exclusions c. through n. do not apply to damage to premises rented to you or temporarily occupied by you with permission of the owner when the damage is caused by fire, lightning, or explosion or subsequent damages resulting from such fire, lightning or explosion, including water damage. A separate limit of insurance applies to this coverage as described in Section III -Limits of Insurance. B. Limits for Damage to Premises Rented to You Paragraph 6. of Section III -Limits of Insurance is replaced by the following: Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for any combination of: (a) damage caused by fire, lightning, or explosion or subsequent damages resulting from such fire, lightning or explosion, including water damage to premises rented to you, or temporarily occupied by you with permission of the owner; and (b) "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. Item 6. -BODILY INJURY TO CO-EMPLOYEES 1. Subject to the Each Occurrence Limit and the General Aggregate Limit, Paragraphs 2.a.(l)(a), (b) and (c) of SECTION II -\1Vho Is an Insured do not apply to your supervisory or management "employees" for "bodily injury" only. 2. Subject to the Each Occurrence Limit and the General Aggregate Limit, Paragraphs 2.a.(l)(a), (b) and (c) of SECTION II -\1Vho Is an Insured do not apply to your "employees" or "volunteer workers" for "bodily injury" arising out of a Good Samaritan act to a co-"employee" or co-"volunteer worker." A Good Samaritan act means an attempt to rescue or aid a person in imminent or serious peril, provided the attempt is not recklessly made. Damages owed to an injured co-"employee" or "volunteer worker" will be reduced by any amount paid or available to the injured co-"employee" or "volunteer worker" under any other valid and collectible insurance. LG 3180 09 07 Page 2 of8 CERT NO.: 22~37192 Annette Romero 11/5/2014 2:52:43 PM (PST) Page 3 of 9 This certificate cancels and supersedes ALL previously issued certificates. Item 7. -HEALTH CARE PROFESSIONALS AS INSUREDS Paragraph 2.a. (1) ( d) of Section II -Who Is An Insured is deleted unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (ii) The "employee" has any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Item 8. -NEWLY FORMED OR ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization, other than a joint venture, you newly acquire or form and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. a. Coverage under this provision is afforded only until i. the 180th day after you acquire or form the organization; or ii. separate coverage is purchased for the organization; or lll. the end of the policy period, whichever is earlier. b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any past partnership, current or past joint venture or past limited liability company that is not shown as a Named Insured in the Declarations. Item 9. -BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION-MANAGERS OR LESSORS OF PREMISES A Section II -Who Is An Insured is amended to include as an insured any manager or lessor of premises leased by you in which the written lease agreement obligates you to procure additional insured coverage, provided that: 1. the "bodily injury", "property damage" or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the agreement; and 2. the written agreement is in effect at the time of the "bodily injury", "property damage", "personal and advertising injury" for which coverage is sought. That person or organization shall be referred to as the additional insured. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent acts or omissions of you, your employees, your agents, or your subcontractors. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions This insurance does not apply to: 1. Any "occurrence" that takes place after you cease to be a tenant in that premises. LG 3180 09 07 Page 3 of8 CER';r NO.: 22237192 Annette Romero 11/5/2014 2:52:43 PM (PST) Page 4 of 9 This certificate cancels and supersedes ALL previously issued certificates. 2. Any construction, renovation, demolition or installation operations performed by or on behalf of the Additional Insured. 3. Any premises for which coverage is excluded by endorsement. D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 10. -EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES) A. Section II -Who Is An Insured is amended to include as an insured any person or organization to whom you are obligated by a written agreement to procure additional insured coverage, provided that: 1. the "bodily injury," "property damage," or "personal and advertising injury" givmg rise to liability occurs subsequent to the execution of the written agreement; and 2. the written agreement is in effect at the time of the "bodily injury," "property damage," or "personal and advertising injury" for which coverage is sought. That person or organization shall be referred to as the additional insured. The coverage afforded to the additional insured is limited to liability caused, in whole or in part, by the negligent acts or omissions of you, your employees, your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury," or "property damage," "personal and advertising injury" arising out of "your work" included in the "products-completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written agreement and only for liability caused, in whole or in part, by the negligent acts or omissions of you, your employees, your agents, or your subcontractors. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: LG 3180 09 07 Page 4 of8 CERT NO.: 22237192 Annette Romero 11/5/2014 2: 52: 43 PM {PST) Page 5 of 9 This certificate cancels and supersedes ALL previously issued certificates. This insurance does not apply: 1. to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. to "bodily injury" or "property damage" that occurs during the ongoing operations of a project where you have purchased an Owners & Contractors Protective Liability or Railroad Protective Liability Policy for the additional insured. 3. when coverage is available under a consolidated (wrap up) insurance program in which you are involved. D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 11. -BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION -PERSON OR ORGANIZATION A. Section II -Who Is An Insured is amended to include as an additional insured any person or organization to whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with premises owned by you provided that: (a) the "bodily injury", "property damage" or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the agreement; and (b) the written agreement is in effect at the time of the "bodily injury", "property damage", "personal injury" or "advertising injury" for which coverage is sought. That person or organization shall be referred to as the additional insured. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. LG 3180 09 07 Page 5 of8 CERT NO.: 22237192 Annette Romero 11/5/2014 2:52:43 PM (PST) Page 6 of 9 This certificate cancels and supersedes ALL previously issued certificates. C. Exclusions This insurance does not apply to: 1. Any premises or equipment leased to you. 2. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf. D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 12. -ADDITIONAL INSURED -ARCHITECTS, ENGINEERS OR SURVEYORS A. Section II -Who Is An Insured is amended to include as an additional insured any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In connection with your premises; or 2. In the performance of your ongoing operations. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. Item 13. -ADDITIONAL INSURED -STATE, MUNICIPALITY OR POLITICAL SUBDIVISION -PERMITS Section II -Who Is An Insured is amended to include as an additional insured any state, municipality or political subdivision with respect to any operations performed by you, or on your behalf, for which the state, municipality or political subdivision has issued a permit However, this insurance does not apply to: 1. "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivision; or 2. Any "bodily injury" or "property damage" included within the "products-completed operations hazard", except when required by written contract or agreement initiated prior to loss; or 3. "Bodily injury," "property damage" or "personal and advertising injury," unless negligently caused, in whole or in part, by you or those acting on your behalf. Item 14. -ADDITIONAL INSURED AND WAIVER OF SUBROGATION -LESSOR OF LEASED EQUIPMENT A. Section II -Who Is An Insured is amended to include as an additional insured any person or organization from whom you lease equipment when you and such person or organization have agreed in a written agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured. LG3180 09 07 Page 6 of8 CERT NO.: 22237192 Annette Romero 11/5/2014 2:52:43 PM (PST) Page 7 of 9 This certificate cancels and supersedes ALL previously issued certificates. A person's or organization's status as an additional insured under this endorsement ends when the agreement with you for such leased equipment ends. B. Waiver of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. C. Other Insurance This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 15. -KNOWLEDGE OF OCCURRENCE Subparagraph 2.a., b. and c. of Condition 2. Section IV -Commercial General Liability Conditions are amended to add the following: As used in this paragraph, the word "you" refers to an "executive officer", partner, member or legal representative, and any other "employee" with insurance or risk management responsibilities. Item 16. -UNINTENTIONAL ERRORS AND OMISSIONS Paragraph 6. of Section IV -Commercial General Liability Conditions is amended to add the following: Any unintentional error or omission in the description of, or failure to completely describe, any premises or operations intended to be covered by this policy will not invalidate or affect coverage for those premises or operations. However, you must report such error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. Item 17. -BODILY INJURY REDEFINITION The definition of "bodily injury" in Section V -DEFINITIONS section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person. It includes death or mental anguish, which results at any time from such physical harm, physical sickness or physical disease. Mental anguish means any type of mental or emotional illness or distress. Item 18. -MOBILE EQUIPMENT REDEFINITION Paragraph 12. f.(1) (a), (b) and (c) of Section V -Definitions does not apply to self-propelled vehicles of less than 1000 pounds gross vehicle weight. Item 19. -SUPPLEMENTARY PAYMENTS Section I -Coverages, Supplementary Payments -Coverages A and B, item 1. b. and 1. d., respectively, are replaced with: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including substantiated loss of earnings up to $500 a day because of time off from work. LG 3180 09 07 Page 7 of8 CERT NO.: 22237192 Annette Romero 11/5/2014 2:52:43 PM (PST) Page 8 of 9 This certificate cancels and supersedes ALL previously issued certificates. Item 20. -LIBERALIZATION Section IV -Commercial General Liability Conditions is amended to add the following: 10. Liberalization If we adopt a change in our forms or rule which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. This endorsement is executed by the Premium $ Effective Date 1/15/2014 Expiration Date 1/15/2015 For attachment to Policy No. TB2Z91455893024 Audit Basis Issued To Beador Construction Company, Inc. µ1t( f. 1't1 ~.._l~c7'v1' SECRETARY PRESIDENT Countersigned by I Yfa'-9~ f. -::y; .. ~~, Azr Authorized Representative Issued Sales Office and No. End. Serial No. s LG 3180 09 07 Page 8 ofS C C CONTRACT PUBLIC WORKS This agreement is made this /1--fh day of Nove,nbev-, 2014, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"}, and Beador Construction Company, INC. a California corporation, whose principal place of business is 26320 Lester Circle, Corona, CA 92883(hereinafter called "Contractor''). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: PROJECT NOS. 6016 & 3557 CARLSBAD BOULEVARD OVERHEAD RAILING IMPROVEMENTS AND RETAINING WALL REHABILITATION (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, Noncollusion Declaration, Escrow Agreement, Insurance Certificate, Disclosure of Discipline Record, 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) 2012 Edition, hereinafter designated "SSPWC", as written and promulgated by Public Works Standards, Inc., 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. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any {'\ •+;' Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 53 of 143 C C C information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the Contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class 11, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. 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. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The ,, •+;' Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 54 of 143 C expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the Contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the Contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, ,, •+' Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 55 of 143 C employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91-403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a}, (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. ,, •+;' Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 56 of 143 C (A) Assertion of Claims. Contractor hereby agrees that any Contract claim submitted to the City must be asserted as part of the Contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future Contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. W, init @8 init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this Contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. {'\ •+;' Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 57 of 143 C 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 ATTACHED (CORPORATE SEAL) CONTRACTOR: By: e and title) By: ( ·gn here) t~~o A,~ ,:::4c (l7-~-{ (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: ,, •+' Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 58 of 143 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT ,,.-✓ State of California .-..____ County of So, O, \d1 €.f:JD On\\ lr, /,tJ- personally appeared _-+h"n-'---"~rt:\:--"+-_\h~~\\ ____________________ _ who 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. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. s~~>-19-if (Notary Seal) ADDITIONAL OPTIONAL INFORMATION ) DESCRIPTION OF THE ATTACHED DOCUMENT F'W ~ C-evY\~ Afvd (Title or description of attached document) Number of Pages __ Document Date ____ _ (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) D Partner(s) • Attorney-in-Fact • Trustee(s) • Other ___________ _ ,.._ ______________________ ~ 2008 Version CAP A v 12.10. 07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. !½@/she/they, is /Qfe) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. ❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document ACKNOWLEDGMENT State of California County of Riverside on November 5, 2014 before me, M. Kobelski, Notary (insert name and title of the officer) personally appeared David Beador, President who 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. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Seal) ACKNOWLEDGMENT State of California County of Riverside On November 5, 2014 before me, M. Kobelski, Notary (insert name and title of the officer) personally appeared David Beador, Secretary who 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. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. d official seal. (Seal) Bond No. F22420 LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2014-231, adopted September 23, 2014, has awarded to Beador Construction Company, Inc. (hereinafter designated as the "Principal"), a Contract for: PROJECT NOS. 6016 & 3557 CARLSBAD BOULEVARD OVERHEAD RAILING IMPROVEMENTS ANO RETAINING WALL REHABILITATION Bid No. PWS15-06TRAN in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are Incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Beador Construction Company Inc., as Principal, (hereinafter designated as the "Contractor"), and ACSTAR Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of SIX HUNDRED THIRTY SIX THOUSAND THREE HUNDRED DOLLARS ($636,300), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fall to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the Contract or to the work or to the specifications. In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 5~ D/1'-{ o.:-~O'tfc.olt~d, 2D I~ " .,, Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 59 of 143 - Bond No. F22420 day of ___ N_o_\l_U"\._...;;PJH,,J.. __ -___ _, 2014. Executed by SURETY this _3_rd ___ day CONTRACTOR: November of ___________ . 2014. ction Company, Inc. SURETY: ctor) ACSTAR Insurance Company (name of Surety) By:___.."JPw=-a..,__ _______ _ ~n here} 30 South Road, Farmington, CT 06032 A-. . ~ (address of Surety) (print name here) ~ A fl 860-415-8400 t b'2---Uf.A-o-Oz. ~ctvv\ w,----(te_l_e-ph_o_n_e_n_u_m_b_er_o_f_S_u_re-ty..,..)-- ( · ea d rganization of signatory) kc -~ By:,,... __ __,,_ _____ ~-1----__._ ______ _ By: __ -'=-fl!>-~~---------s· nature of Attorney-in-Fact) ~ (~here) -l)AvlO A. 0~ Henry W. Nozko, Jr., President (printed name of Attorney-in-Fact) / ii (attach corporate resolution showing current power (pri~ame here) ~ £:;>'l c <l"t.. m-{ ,.... lfl'l.. ~ S-rvv' Or---<, of attorney) (title and organization of signatory) "74 c . (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney ii By: Assi&~ ft 'fi..> Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 60 of 143 ACKNOWLEDGMENT State of California County of Riverside on November 5, 2014 before me, M. Kobelski, Notary (insert name and title of the officer) personally appeared David Beador, President who 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. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. and official seal. (Seal) j O O C O C C C O O 7.t KBa'hs:, 0 C O ·1 a Comml11ion ti 2051960 j Notary Public -Callfon11a I z Rlvtrtlde County .. t .... .:'l ~ .,, e, t51s2&1tl ACKNOWLEDGMENT State of California County of Riverside on November 5, 2014 before me, M. Kobelski, Notary (insert name and title of the officer) personally appeared David Beador, Secretary who 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. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature //l)J (Seal) )' a a o o o o a o 1{KBBELSKI o o o •1 • Commission # 2051960 j Notary Public • CalHornla i z Rlnrslde County ?:: J. •••• .'15?.i s=rt• P'! t5.2'11 r I Connecticut State of ACKNOWLEDGEMENT County of Hartford On November 3, 2014 before me, Diane L. Plante, Notary Public -------------------------------(here insert name and title of the officer) personally appeared Henry W. Nozko, Jr. ----------------------------- 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 acknowledge 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 peisGn(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ~ # . i? ( ~ My commission expires 11/30/2018 (Seal) -----------OPTIONAL----------- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL [) CORPORATE OFFICER President TITLE(S) 0 PARTNER(S) G ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 LIMITED 0 GENERAL 0 GUARDIAN/CONSERVATOR 0 OTHER: ------------ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ACSTAR Insurance Company ~067/GE 1/06 DESCRIPTION OF ATTACHED DOCUMENT Bond No. F22420 TITLE OR TYPE OF DOCUMENT 5 NUMBER OF PAGES 11/3/2014 DATE OF DOCUMENT . SIGNER(S) OTHER THAN NAMED ABOVE FRP Bond No. F22420 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2014-231 adopted September 23, 2014 , has awarded to Beador Construction Company, Inc. ______________________________ , (hereinafter designated as the "Principal"), a Contract for: PROJECT NOS. 6016 & 3557 CARLSBAD BOULEVARD OVERHEAD RAILING IMPROVEMENTS AND RETAINING WALL REHABILITATION Bid No. PWS15-06TRAN in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, Beador Construction Company, Inc., as Principal, (hereinafter designated as the "Contractor"), and ACSTAR Insurance Company , as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of SIX HUNDRED THIRTY SIX THOUSAND THREE HUNDRED Dollars ($636,300), said sum being equal to one 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 truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered, Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the Contract or to the work or to the specifications. ft 'f.J Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 61 of 143 Bond No. F22420 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 5-:! Executed by SURETY this __ 3r_d ___ day of day of N,D'\.G:..w\'3Hl2.... , 2014. November ------------· 2014. CONTRACTOR: SURETY: ACSTAR Insurance Company (name of Surety) By:__.,.,..__ _ __,,_ _________ _ 30 South Road, Farmington, CT 06032 ri5¢:re) ~w?A-~ ·-\1z.~s,~1 (address of Surety) 860-415-8400 (print name here) ~ ~ . ;\ I\ ,....!-(telephone number of Surety) ~S10~-~vt~451\tJCNW-~(-~ (Title and O anization of Signatory) BYi ------,------ si nat re Attorney-in-Fact) By: Henry W. Nozko, Jr., President (printed name of Attorney-in-Fact) (p~rin. ame here) (Attach corporate _ 1 n1 A --1" cower of attorney.) 'if1£.,--..1'"'"' v.esw lf'-'f ea. 1 )-i,r. resolution showing current (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL ::y Attorney ){U?J ~ Assistant City Attorney ft ~, Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 62 of 143 ACKNOWLEDGMENT State of California County of Riverside On November 5, 2014 before me, M. Kobelski, Notary (insert name and title of the officer) personally appeared David Beador, President who 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. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _flY------------(Seal) M. KOBELSKI Commission# 2051960 j Notary Public • California I ) Riverside County ? • • • , o J:1J ~°T"! ~'t1 8'215-.2&1 i I ACKNOWLEDGMENT State of California County of Riverside on November 5, 2014 before me, M. Kobelski, Notary (insert name and title of the officer) personally appeared David Beador, Secretary who 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. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Seal) Connecticut State of ACKNOWLEDGEMENT County of Hartford On November 3, 2014 before me, Diane L. Plante, Notary Public --------------------(here insert name and title of the officer) personally appeared Henry W. Nozko, Jr. ----------------------------- 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 acknowledge to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Qt-:0-<1<P. i , ~ My commission expires 11/30/2018 (Seal) -----------OPTIONAL----------- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL [] CORPORATE OFFICER • [] • • • President PARTNER(S) TlnE(S) 0 LIMITED 0 GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ACST AR Insurance Company 54067/GE 1/06 DESCRIPTION OF ATTACHED DOCUMENT Bond No. F22420 TITLE OR TYPE OF DOCUMENT 5 NUMBER OF PAGES 11/3/2014 DATE OF DOCUMENT. SIGNER(S) OTHER THAN NAMED ABOVE FRP --~ a. Q) "O .:,(_ C ctl .c -da,1181 POWER OF ATTORNEY No.35784 30 SOUTH ROAD• FARMINGTON, CT 06032 • (860) 415-8400 This Power of Attorney must have original corporate seal and red and blue ACSTAR logo to be valid. Know all men by these presents: That ACSTAR Insurance Company, a corporation of the State of Illinois, having its principal office in the Town of Farmington, Connecticut, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on November 14, 2013, to wit: RESOLVED, That the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (1) That the Chairman, the President, Executive Vice President and General Counsel, or any Attorney-in-fact, may execute for and on behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Corporate Secretary, or any Assistant Corporate Secretary, and the seal of the Company affixed thereto; and that the Chairman or President may appoint and authorize any other Officer (elected or appointed) of the Company, and Attorneys-in-Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested to by the Corporate Secretary. (3) The signature of the Chairman, the President, or Executive Vice President of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution, and the signature of a facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. (4) Such other Officers of the Company, and Attorneys-in-Fact shall have authority to certify or verify copies of this Resolution, the By-Laws of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. does hereby nominate, constitute and appoint HENRY W. NOZKO, JR., HENRY W. NOZKO 111, GARY M. CASE, CARMEN CARLTON, each individually, its true and lawful Attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding TEN MILLION DOLLARS ($10,000,000.00) each, and the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, Henry W. Nozko, Jr., President, have hereunto subscribed his name and affixed the corporate seal of the ACSTAR INSURANCE COMPANY this 15th day of November 2013. STATE OF CONNECTICUT) COUNTY OF HARTFORD ) ) ss. FARMINGTON ACSTAR Insurance Company .,ib.trtrt~ . On this 15th day of November A.O. 2013, before me, a Notary Public of the State of Connecticut came, Henry W. Nozko, Jr., President of the ACSTAR Insurance Company, to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same, and the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signature was duly affixed by the authority and direction of the said corporation, and the Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the Town of Farmington the day and year first above written. , , 1111" 1111 ,,\ ,, ,,, £ L. p ,,,,,, .. ' +."··· .. ···· (. "· ..._. .. .,. '~ ..:" •• ••.., r_. ... ~-· •,_,. .. § ,i,:\OT41f j;\-Z..1 :Oi -•-:-1:: :: ,ti: A ;,.,., : ~ \ ,.,I.JBLIC .: ~ .,. ...... .. ... '; "o"• .•· ;;:, ...... , ii:·············~~ ,.::-,,,, J\!ECT\C. ,,,, ,,,,,,,.111\''' Diane L. Plante -Notary Public My Commission Expiration Date: November 30, 2018 I, the undersigned, Secretary or Assistant Secretary of ACSTAR Insurance Company, 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. In witness whereof, I have hereunto subscribed my name as Secretary or Assistant Secretary, and affixed the corporate seal of the Corporation, this ..3.r.d.... day of November , 2014 Henry W. Nozko Ill/Maurice C. Shea Secretary/Assistant Secretary OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is ---------------------------____________________________ hereinafter called "Contractor'' and whose address is ---------------------- ______________________________ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for PROJECT NOS. 6016 & 3557 CARLSBAD BOULEVARD OVERHEAD RAILING IMPROVEMENTS AND RETAINING WALL REHABILITATION in the amount of ____________ dated ______ (hereinafter referred to ,... as the "Contract"). Alternatively, on written request of the contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this Contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. ,, •ti Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 63 of 143 ~( 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account '-,.,, only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow ~gent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name ________________ _ Signature _______________ _ Address ---------------- For Contractor: Title Name ----------------- Signature _______________ _ Address _______________ _ For Escrow Agent: Title Name ________________ _ Signature _______________ _ Address _______________ _ At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. ,, •+; Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 64 of 143 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the , date first set forth above . . '- For City: For Contractor: For Escrow Agent: C ,, •+' Revised 4/17/13 Title MAYOR Name ----------------- Signature ______________ _ Address _______________ _ Title Name ----------------- Signature ______________ _ Address Title Name ---------------- ----------------- Signature ______________ _ Address ---------------- City of Carlsbad Project Nos. 6016 & 3557 Page 65 of 143 C SUPPLEMENTAL PROVISIONS FOR CARLSBAD BOULEVARD OVERHEAD RAILING IMPROVEMENTS AND RETAINING WALL REHABILITATION PROJECT NOS. 6016 & 3557 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC 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. 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. 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. l' •+;' Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 66 of 143 City Council -the City Council of the City of Carlsbad. City Manager -the City Manager of the City of Carlsbad or his/her approved representative. Department -Where used in the Caltrans Standard Specifications, "Department" shall mean the City of Carlsbad or its authorized representative. Dispute Board -persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer -the Public Works Director of the City of Carlsbad or his/her approved representative. The Engineer is the fourth level of appeal for informal dispute resolution. · Minor Bid Item -a single Contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization -When used in Section 2-3.1 -Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and.will not be included for the purpose of compliance with Section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor -Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent nor employee of the Agency nor a public utility. Principal Inspector -The Senior Inspector's immediate supervisor and third level of appeal for informal dispute resolution. Project Inspector-the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Senior Inspector -the Project Inspector's immediate supervisor and second level of appeal for informal dispute resolution. 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words DBE ...................................... Disadvantaged Business Enterprise MSL ...................................... Mean Sea Level (see Regional Standard Drawing M-12) NCTD ................................... North County Transit District PCMS ................................... Portable Changeable Message Sign SDNR ................................... San Diego Northern Railway SDRSD ................................. San Diego Area Regional Standard Drawings ..... \.I Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 67 of 143 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 ar:, 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 Co_uncil 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: One hundred percent ( 100%) of the total amount payable by the terms of the Contract when the total amount payable does not exceed five million dollars ($5,000,000). Fifty percent (50%) of the total amount payable by the terms of the Contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). Twenty-five percent (25%) of the total amount payable by the terms of the Contract if the Contract exceeds ten million dollars ($10,000,000). ..........._ Both bonds shall extend in full force and effect and be retained by the Agency during this project un' they are released according to the provisions of this section. ·-· The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specificatio~ for Public Works Construction, (SSPWC), 2012 Edition, hereinafter designated "SSPWC", as written a~ promulgated by Public Works Standards, Inc., and as amended by these Supplemental Provisions. This project also references the Caltrans 2010 Standard Specifications. The construction plans consist of two sets. The first set is designated as "Carlsbad Boulevard Overhead Railing Improvements," City of Carlsbad Project No. 6016, Federal Aid Project No. STPLX-5308(018), Drawing No. 476-3 and consists of 19 sheets. The second set is designated as "Carlsbad Boulevard Overhead Retaining Wall Rehabilitation," City of Carlsbad Project No. 3557, Drawing No. 475-6 and consists of 5 sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Standard Drawings, as issued by the City of Carlsbad. This project also uses the 201 O Caltrans Standard Plans as published by the State of California Department of Transportation. Copies of some of the relevant standard drawings are enclosed as an appendix to these Supplemental Provisions. 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: Permits from other agencies as may be required by law. Supplemental Provisions. Plans. Standard Plans. City of Carlsbad Standard Drawings. San Diego Area Regional Standard Drawings. State of California Department of Transportation Standard Plans. Standard Specifications for Public Works Construction. 201 O Caltrans Standard Specifications. Manufacturer's Installation Recommendations. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have precedence over general plans. Where CALTRANS specifications are used to modify the SSPWC or added to the SSPWC by any of the contract documents the CALTRANS specifications shall have precedence only in reference to the materials and construction materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of precedence in Section 2-5.2 of the SSPWC, shall prevail over the CAL TRANS specifications in all other matters. 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: Project title and Agency contract number. Number of complete sets. Contractor's certification statement. Specification section number(s) pertaining to material submitted for review. Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) Description of the contents of the submittal. Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: ,, •+;' Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Paqe 69 of 143 "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefor. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers, Delete Section 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to..........._ establish the location of the monument before it is disturbed. The Contractor shall have the monumer l replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement ~,,.1 completed, The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq, of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service, Delete Section 2-9.2 and replace with the following: The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. Add the following section: 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (8½" by 11 ") paper. The field notes, calculations and supporting data shall be clear and complet, ··"""" Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all oth~ .. ., ... 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 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 CAL TRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with§§ 8700-8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 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 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. Add the following section: 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2- 9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made therefor. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees therefor, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefor. 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this Contract shall maintain such data and records for as long as may be required by applicable laws and regulations. l'\ •+;' Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 71 of 143 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 CAL TRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials ............................. 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added a~. compensation for bonding. -.,,,/ (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 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 ir""'"1 connection therewith. ....,._,i The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the Contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the Contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: Project Inspector Senior Inspector Principal Inspector Public Works Director 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 1 0 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 1 0 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. l'\ •+' Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 73 of 143 The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a Contractor and a local agency. (2) This article shall not apply to any claims resulting from a Contract between a Contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the Contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. 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. Claim~~ must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the""'-' time limit or supersede notice requirements otherwise provided by Contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy- five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. 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. 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,...,..i 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 . .... £Lt (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 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 third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 ( commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 ( commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de nova but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de nova. The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. SECTION 4 -CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1 General, add the following: The Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. You may examine the records and reports of tests the Agency performs if they are available at the job site. Schedule work to allow time for QAP . . ~ ~/ Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 75 of 143 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as. contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be 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 th~ requirements of the specifications shall be borne by the Agency. Said tests may be made at any plac~V along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade Names or Equals,· add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 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 o 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. if'\ T.;.~ -. . . ··-··- 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. SECTION 6 --PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete Section 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 15 calendar days after receipt of the "Notice to Proceed". Add the following section: 6-1.1 Measurement And Payment Of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefor. 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes removing existing medians approaching the Carlsbad Boulevard Overhead, removing and replacing the concrete sidewalks and barriers on the bridge, and rehabilitating retaining wall foundations using ground improvement. The descriptions for each stage of work are overviews only and shall not relieve the Contractor from its responsibilities to perform the coordination and work in accordance with the plans and specifications. Add the following section: 6-2.2 Carlsbad Boulevard Overhead Construction Phasing 6-2.2.1 Bridge Railing Improvements. Demolition work on medians approaching the bridge shall be performed prior to shifting traffic in Phase 1 as shown on Sheet 7. Demolition work consists of sawcutting pavement, removing medians, landscaping, and grates, and salvaging signs. Traffic Phase 1 consists of shifting traffic to the east side of the bridge to perform railing and bridge improvements along the west side of the bridge. The bridge will be open to pedestrians on the existing east sidewalk. Southbound bicycles and vehicles will share the road. Traffic Phase 2 consists of shifting traffic to the east side of the bridge to perform railing and bridge improvements along the west side of the bridge. Pedestrians may cross the bridge on the new sidewalk along the east side of the bridge. Bicycles and vehicles will share the road in both directions. Median improvement work shall be performed subsequent to completing the work in Traffic Phase 2. Median improvements consist of constructing a median island south of the bridge, installing landscaping, and repaving the median area north of the bridge . .... f./ Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 77 of 143 6-2.2.2 Retaining Wall Rehabilitation. Retaining wall rehabilitation work may be performed prior to, concurrent with, or subsequent to the bridge railing improvements work. Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of regular Project Meetings. Each Project Meeting shall be attended by the Contractor's Representative. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative", SSPWC. No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 80 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""'.-1 hours of work shall be between the hours of 8:30 a.m. and 3:30 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. The railroad may require all work within 10 feet of the track centerline involving falsework or scaffolding erection over the railroad right of way to be performed by the Contractor during an Absolute Work Window as specified in Section 7-7 .1.5. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of Contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. Contractor is hereby advised that the Engineer will require after hours or weekend work on an interim basis to accomplish work to be performed during an Absolute Work Window and to reconfigure traffic stages. 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 o 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 if'\ T..;.Llii' -. . . ··-··- Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 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 one thousand Dollars ($1,000.00). 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. 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except for railroad right-of-entry permits and 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. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. 7-7 COOPERATION AND COLLATERAL WORK. Add the following sections: 7-7.1 Railroad Coordination. 7-7.1.1 Railroad Property. This project includes work on Railroad property. The term "Railroad" shall mean the San Diego Northern Railway (SDNR). The SDNR right-of-way on this project is owned by the ~~ ~/ Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 79 of 143 North County Transit District (NCTD). The proposed work is in line with the provisions in the existing License Agreement between the City of Carlsbad and NCTD. Therefore, the Contractor must obtain an entry permit in the form of a "work authorization letter" from NCTD prior to commencing work in the NCTD right-of-way. Full compensation for NCTD processing, reviews, insurance requirements, and fees associated with obtaining a permit and "work authorization letter" including Roadway Worker Protection (RWP) training described in Section 7-7.1.2 shall be considered as included in the Contract prices paid for the various items of work involved and no additional compensation will be allowed therefor. Please see http://www.qonctd.com/working-around-the-rails#submittals for more information. It is expected that the Railroad will cooperate with the Contractor to the end that the work may be handled in an efficient manner. However, except for the additional compensation provided for hereinafter for delays in completion of specific unit of work to be performed by the Railroad, the Contractor shall have no claim for damages, extension of time, or extra compensation in the event his work is held up by work performed by the Railroad. The Contractor must understand the Contractor's right to enter Railroad's property is subject to the absolute right of Railroad to cause the Contractor's work on Railroad's property to cease if, in the opinion of Railroad, Contractor's activities create a hazard to Railroad's property, employees, and operations. The contractor shall not cross the tracks by vehicle and must ensure that all construction personnel are aware of this. All work within railroad right-of-way shall be performed in accordance with the following NCTD rules: A. General Code of Operating Rules B. Safety and General Rules for All Employees C. Rules and Instructions for Maintenance-of-Way and Structures D. Regulations Governing Contractors and Others Working on NCTD operational Right-of-Way 7-7.1.2 Bidding Requirements. The Contractor, its employees, and Contractor's subcontractors andO their employees shall be qualified per FRA Track Worker Safety requirements, 49 CFR, Part 214C. In addition, the Contractor, its employees, and Contractor's subcontractors and their employees shall be qualified per FRA Bridge Worker Safety Requirements. The Contractor shall also be qualified in NCTD safety requirements. The Contractor shall make all its employees and subcontractor employees assigned to the project available for RWP. Training for NCTD railroads is available in English and Spanish through Transit America Services Inc. (North County) upon receiving Notice-to-Proceed. This classroom-based instruction is approximately four (4) hours in duration and costs approximately $80 per person with certification required annually. Classes are offered in Carlsbad and available class times are listed in the website link below. Special arrangements may be made for off-site classes within a 30 mile radius of Oceanside. All off-site classes require a pre-payment at least 72 hours prior to the scheduled class. Please see the FAQ sheet linked below, call 760-231-4195, or email econtreras@tasi.com for more information and to schedule an appointment: https://www.appointmentquest.com/scheduler/2160145534 All work shall be in conformance with these railroad safety requirements. These requirements are in addition to other local, state, and federal safety requirements. For the time of bid, the prime Contractor shall demonstrate the following minimum experience: A. Ten (10) years of work adjacent to high-speed (80 mph) Class 1 railroad tracks B. Work adjacent to track under Form "B" protection and Absolute Work Windows (AWW) For the bid, the Contractor shall provide evidence of experience by submitting project descriptions sheets 0 that shall include the project name and description, contract dollar amount, start and completion dates, , , personnel with significant participation in said evidence that will be work on this project. Failure to provide adequate documentation demonstrating the required experience will result in NCTD's refusal to grant a right-of-entry permit to the Contractor. _., 7-7.1.3 General Requirements. The Contractor shall notify Ms. Tracey Foster, NCTD Real Estate Manager, 810 Mission Avenue, Oceanside, CA 92054, (Telephone (760) 966-6674) and the Engineer, in "-· writing, at least 10 working days before performing any work on, or adjacent to the property or tracks of the Railroad. Coaster, Amtrak, Metrolink, and Burlington Northern Santa Fe operations on the San Diego Northern Railway may not be interrupted by the Work of this Contract, except as specified herein. An average of 40 passenger trains and 6 freight trains and switching moves per day (24 hours) pass through the project site. The Contractor shall cooperate with the Railroad where work is over or under the tracks, or within the limits of Railroad property, to expedite the work and avoid interference with the operation of railroad equipment. The Contractor shall comply with the rules and regulations of Railroad or the instructions of its representatives in relation to protecting the tracks and property of Railroad and the traffic moving on such tracks, as well as the wires, signals and other property of Railroad, its tenants or licensees, at and in the vicinity of the work during the period of construction. The Contractor shall perform work to not endanger or interfere with the safe operation of the tracks and property of Railroad and traffic moving on such tracks, as well as wires, signals and other property of Railroad, its tenants or licensees, at or in the vicinity of the work. The Contractor shall take protective measures to keep railroad facilities, including track ballast, free of sand or debris resulting from his operations. Damage to railroad facilities resulting from Contractor's operations will be repaired or replaced by Railroad and the cost of such repairs or replacement shall be deducted from the Contractor's progress and final pay estimates. The Contractor shall contact "One Call" at least 48 hours prior to commencing work, at Telephone: (800) 422-4133 (a 24 hour number) to determine location of fiber optics. If a telecommunications system is buried anywhere on or near railroad property, the Contractor will coordinate with the Railroad and the Telecommunication Company(ies) to arrange for relocation or other protection of the system prior to beginning any work on or near Railroad Property. The Contractor shall not pile or store any materials nor park any equipment closer than 25'-0" to the centerline of the nearest track, unless directed by Railroad's representative. The Contractor shall also abide by BNSF's temporary construction clearances shown on the plans during the course of construction. Walkways with railing shall be constructed by Contractor over open excavation areas when in close proximity of tracks, and railings shall not be closer than 8'-6" horizontally from centerline of the nearest track, if tangent, or 9'-6" if curved. Infringement on the above temporary construction clearances by the Contractor's operations shall be submitted to the Railroad by the Engineer, and shall not be undertaken until approved by the Railroad, and until the Engineer has obtained any necessary authorization from any governmental body or bodies having jurisdiction thereover. No extension of time or extra compensation will be allowed in the event the Contractor's work is delayed pending Railroad approval and governmental authorization. Four sets of plans, in 11" x 17" format, and two sets of calculations showing details of construction affecting the Railroad's tracks and property not included in the contract plans, including, but not limited to, shoring and falsework, shall be submitted to the Engineer for review prior to submittal to Railroad for final approval. All plans and calculations shall be prepared and signed by a professional civil engineer registered in the State of California. The review and approval by Railroad may take up to 6 weeks after receipt of all necessary information. No work shall be undertaken until such time as the Railroad has given such approval. ,, •+;' Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 81 of 143 The Contractor shall notify the Engineer in writing, at least 25 calendar days, but not more than 40 days, in advance of the starting date of installing temporary work with less than permanent clearance at each structure site. The Contractor shall not be permitted to proceed with work across railroad tracks until thi~ requirement has been met. No extension of time or extra compensation will be allowed if the Contractor's work is delayed due to failure to comply with the requirements in this paragraph. Temporary crossing over tracks of Railroad for the purpose of hauling materials or equipment will not be permitted. No blasting will be permitted. The Contractor shall, upon completion of the work covered by this contract to be performed by Contractor upon the premises or over or beneath the tracks of Railroad, promptly remove from the premises of Railroad Contractor's tools, implements and other materials, whether brought upon said premises and cause said premises to be left in a clean and presentable condition. 7-7.1.4 Safety Requirements. The Contractor shall have continuous on-the-job safety program, evaluated on a monthly basis by a competent individual. Upon request by the Railroad, the Contractor shall furnish copies of typical on-the-job safety evaluations. The Contractor shall have a documented Spill Response Program detailing Containment, Control, and Cleanup procedures for applicable chemicals. 7-7.1.5 Construction Activities. The railroad flagman shall determine the appropriate protection for the project. The Contractor shall be required to clear any live track as determined by the flagman. All workers. . equipment, and materials shall be cleared from the track and all equipment shall be held at idle until the_,,_;,' train has passed and the flagman has authorized the resumption of work. The minimum clearance distance for workers, material, and equipment shall be at the discretion of the flag person, but in general the following clearances can be reasonably anticipated: A. At the sole discretion of NCTD, drilling may continue without stopping while trains pass, as long as the equipment is not moving, swinging, lifting, etc. B. Stationary and idling equipment shall be 15-feet clear of the track. The operator may stay on equipment while the trains pass. All other personnel shall maintain 25-feet clear of the track while the train passes unless otherwise directed by the flagman. C. All equipment operators shall be in radio contact with the flagman. An absolute work window (AWW) is a scheduled time period in which all train traffic on a defined section of track is annulled. Although AWW's are not expected for this project, AWW's may be scheduled at the following times: Monday through Sunday: Between the hours of 0100 hours and 0400 hours. Friday Night through Monday Morning: Between approximately 2200 hours Friday, after the passage of the last Amtrak train in each direction, and 0400 hours Monday. AWW's may to granted to the Contractor at the sole discretion of NCTD. The Contractor shall pay all costs that may include, but not be limited to, busing for Coaster, Amtrak, and Metrolink trains, NCTD management personnel, including staff and consultants, and flagging. Due to the heavy passenger usage of Amtrak and Metrolink during holiday seasons, no AWW's will be,... granted for the periods from one weekend before through one weekend after the following holidays: '1 A. Thanksgiving .... ..., 8. Christmas C. New Year's Day D. Easter ~~ '£,. E. F. G. Memorial Day Independence Day (Fourth of July) Labor Day In addition, no AWW's will be granted during the period from Independence Day through Labor Day. The Contractor shall make all AWW requests to NCTD at least 3 weeks in advance. This advance notice is no guarantee that an AWW will be scheduled on the dates requested. AWW's shall only be granted if operating conditions at the time requested allow for such. Should the Contractor cause the AWW expiration time to be delayed, the Contractor shall pay the NCTD train delay penalties in the amount of $500 per minute of delay. The Contractor shall mobilize on the site a sufficient time in advance of the start time of each AWW such that the activities that require fouling of the track are started concurrent with the beginning of the AWW. The Contractor is hereby notified that requested AWW's, including their duration, associated slow orders, and dates may not be granted. In addition, AWW's may be shortened in duration for any reason at any time at the sole discretion of the NCTD. The Contractor shall enforce the following restrictions to work practices during all phases of construction activities: A. Contractor requests for permission to work outside of the periods specified above shall be accompanied by a request for overtime inspections per NCTD requirements. B. Personnel, suppliers, subcontractors, construction equipment, construction material, and personal vehicles may not enter or be placed within the day's work zone(s) except during the approved work hours without the specific approval of NCTD. C. The Contractor shall clean up and remove all debris from the work zone by the end of each workday. Provide dumpsters for casual litter generated by Contractor personnel at all times during construction operations. The Contractor, at his sole cost, shall be solely responsible for the security of his facilities, materials, and equipment at the work site. The Contractor shall understand that the NCTD shall not be responsible for such security measures, and the Contractor shall take necessary and prudent measures to ensure the security of his facilities, materials, and equipment, including but not limited to security fencing, locked storage facilities, secured equipment areas, posted security personnel, and other measures deemed necessary by the Contractor. The cost for any damaged, vandalized, or stolen items shall be borne solely by the Contractor. The Contractor shall submit a worksite security plan to NCTD for their review and approval prior to commencing work activities. The Contractor should be aware that there is limited availability of AWW's in the event one is needed. Below is a tentative AWW weekend schedule for 2014-2016. It represents proposed work windows that may require rail traffic to be canceled for a 48 hour period; beginning Saturday morning at approximately 00:30 after the last passenger train passes through the construction limits, until approximately 00:30 Monday morning. This schedule is provided for reference only and is subject to change. 2014 Dates 2015 Dates 2016 Dates October 25th and 26th January 10th and 11th January 9th and 10th December 13th and 14th January 17th and 18th January 16th and 17th March 14th and 15th March 12th and 13th October 3rd and 4th October 8th and 9th October 10th and 11th-October 15th and 16th October 17th and 18th December 10th and 11th December 12th and 13th 7-7.1.6 Film Documentation. Prior to start of construction, the Contractor shall video all areas where construction is to take place. Such filming shall be performed in the presence of the Engineer. The l'\ •+' Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 83 of 143 Contractor shall provide the video to the Engineer before construction commences. These videos shall serve as record of the existing conditions in the event of disputes arising from restoration and should therefore be taken along the lines of construction and site access and staging areas in sufficient detail as necessary to clearly depict details of existing conditions at a minimum. The videos shall be of digita quality, a minimum of 600x800 resolution DVD format, in color. Video format shall be a common format that can be viewed on a Windows-based personal computer, without proprietary software (i.e., *.AVI, *.WMV, *.MPEG). All videos shall be indexed and catalogued in such a manner that each filmed area is readily identifiable and shall also indicate the date and time (hour and minutes) that the area was filmed. The Contractor shall also have videos taken of any unusual conditions encountered during construction that are not already a matter of photographic record. In any areas where existing conditions cannot be determined by means of filming, the areas shall be restored as approved by the Engineer at the Contractor's expense. · All videos shall become property of NCTD. 7-7.1.7 Protection of Railroad Facilities. Upon advance notification of not less than 10 working days by the Contractor, Railroad representatives, conductors, flagmen or watchmen will be provided by Railroad to protect its facilities, property and movements of its trains or engines. Notice shall be made to NCTD at 760-967-2851 and the Engineer. At the time of notification, the Contractor shall provide Railroad with a schedule of dates that flagging services will be needed, as well as times, if outside normal working hours. Subsequent deviation from the schedule shall require 10 working days advance notice from the first affected date. To schedule flagging and obtain further information visit the NCTD website link http://www.gonctd.com/working-around-the-rails#rowss. At least one railroad flagman/EiC (Employee-in-Charge) is required to be on-site whenever the Contractor, its subcontractors, or material suppliers are working on the railroad right-of-way. Contractor employees are prohibited from positioning themselves, placing material, or positioning· machinery on the railroad right-of-way unless under control of railroad flagman at each work location. Flagman shall be in direct contact with the personnel and equipment being protected. If work is spread out over a section of track and a single flagman cannot contact all personnel and equipment, additional flagman shall be required. The Contractor shall maintain continuous radio contact with all personnel and equipment operators as necessary for communication with the flagman/EiC (Employee-in-Charge). The cost of flagging and inspection provided by Railroad during the period of constructing that portion of the project located on or near Railroad property, as deemed necessary for the protection of Railroad's facilities and trains, will be charged to the Contractor. NCTD will make the final determination as to the number of flagmen required for all aspects of the project at the Contractor's expense. Current TASI flagging costs are $65.67 per hour. These rates are subject to change without notice. Except for the provisions of SSPWC Section 3-2.2, no adjustment to the contract bid price for "TASI Flagman" will be made to compensate for changes in TASI flagging rates. TASI charges four hours minimum per day for flagging. Flagging typically requires one hour to set up and one hour to remove track warning flags each day for Form B protection. Flagmen typically remain on the clock through lunch and other Contractor breaks. Therefore the Contractor should expect to pay 10.5 hours of flagging for a standard 8-hour work shift. The Contractor shall schedule his work to avoid unnecessary use of TASI flagman. The Engineer may direct the Contractor to cancel flagging requests on a specific date if no work is being performed on that date. ,...., 7-7.1.8 Delays Due to Work by Railroad. If delays due to work by the Railroad occur, not including delays in granting AWW's, and the Contractor sustains loss which, in the opinion of the Engineer, could 1, _. not have been avoided by the judicious handling of forces, equipment and plant, the amount of said loss shall be determined, and an extension of time determined, as provided in Section 6-6. If delays occur due to the Railroad granting AWW's in excess of four weeks after the requested AWW date, the Engineer at his discretion may grant additional non-working days to the Contractor if it is determined that work cannot be accomplished without an AWW. 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 and welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operation so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of construction those facilities which may be required to provide prevention, control, and abatement of water pollution. Add the following: The Contractor shall comply with all requirements of the storm water pollution and monitoring plan prepared for this project in accordance with the California State Water Resources Control Board order number 2009-0009-DWQ, NPDES General Permit number CAS000002, and the "Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction and Land Disturbance Activities" or any subsequent amendments, where applicable. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. 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. -~ ~/ Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 85 of 143 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. A least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the Contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the Contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 48 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the Contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. 7-10.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: AfteO obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: The Engineer ....................................................................................... . Carlsbad Fire Department Dispatch ..................................................... . Carlsbad Police Department Dispatch ................................................. . Carlsbad Traffic Signals Maintenance .................................................. . Carlsbad Traffic Signals Operations ..................................................... . North County Transit District Customer Service ................................... . North County Transit District Security 24/7 .......................................... . TASI Flagging, Signal Mark-Out .......................................................... . Coast Waste Management .................................................................. . (760) 438-1161 X-4411 (760) 931-2197 (760) 931-2197 (760) 438-2980 X-2937 (760) 438-1161 X4500 (760) 966-6500 (760) 966-6700 (760) 967-2883 (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, the 2012 California Manual on Uniform Traffic Control Devices, and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintaio barricades or such other traffic signs, markings, delineation or devices as may be required herein, th Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty-five dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater . • .,•. •-•• Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.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 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210- 1.6 for materials and Section 310-5 et seq. for workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the travelling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the travelling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications" Section 12- 3.10, except the sleeves shall be 180 mm (7") long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 1.8 m (6') of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 7.6 m (25') intervals to a point not less than 7.6 m (25') past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the Engineer. Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, 2012 California Manual on Uniform Traffic Control Devices, and provisions under "Maintaining Traffic" elsewhere in these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. Add the following section: 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. l'\ •+; Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 87 of 143 Add the following section: 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the 2012 California Manual on Uniform Traffic Control Devices. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material.. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. Add the following section: 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all constructio1""" activities that are located within the travelled way. The Contractor shall have TCP prepared and submitted'-' as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20 day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the travelled surface differs from the finished pavement elevation vertical curves must also be shown. The Contractor may choose to modify, add to or supplement the TCP shown on the project plans or substitute TCP to further its own interests. The level of detail, format, and graphics of the substituted TCP shall be of quality and size no less than shown on the project plans. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and of the 2012 California Manual on Uniform Traffic Control Devices. 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/o~ new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submitta,._, and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals. Add the following section: 7-10.3. 7 Payment. The Contractor shall provide traffic control at the Contract lump sum pr1ce bid. The Contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefor. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers will be paid as an incidental to the work being performed and no additional payment will be made therefor. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, .about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 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. Add the following section: 7-15 PREVAILING WAGE. Attention is directed to Section 7-1.02K(2), 'Wages," of the Caltrans Standard Specifications. The general prevailing wage rates determined by the Director of Industrial Relations for San Diego County are included below. Changes, if any, to the general prevailing wage rates will be available at the City of Carlsbad address. Attention is directed to the Federal minimum wage rate requirements in the books entitled "Proposal and Contract." If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question. The U.S. Department of Transportation (DOT) provides a toll-free "hotline" service to report bid rigging activities use the hotline to report bid rigging, bid collusion, and other fraudulent activities. The hotline number is 1-800-424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The "hotline" is part of the DOT's effort to identify and investigate highway construction .... ~/ Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 89 of 143 contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. Following are the general prevailing wage rates for San Diego County effective May 30, 2014: General Decision Number: CA14000l 05/J0/2014 Cl\l Superseded General Decision Number: C/\20130001 State: California Const.ruction Types: Building, Heavy {Heavy and Dredging}, Highway and Residential County: San Diego County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HE/IVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS; RESIDENTII\L CONSTRUCTION PROJECTS (consisting ot single t'amily homes and apartments up to and including 4 stories} Modi flcatlon Number 0 ~ublication Date: l 2 3 4 5 6 Ol/03/2014 Ol/10/2014 Ol/24/2014 02/21/2014 05/09/2014 05/23/2014 05/30/2014 I\SBE0005-002 07/01/2013 Asbestos Workers/ Insulator I Includes the oppl1cation of all insulating tnaterials, protective coverings, coatings, and finishes to all Rates types o! mechanical systems I ..•.. S 34 . 51 tire Stop Technician (Application of Firestopping Materials for wall openings and penetrat ions in walls, floors; ceilings and curtain walls) ........................... $ 24.34 ASB!:0005-004 06/24/2013 Asbestos Removal worker/haz.a.rdous material handler I Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation material s from mechanical systems, whether Rates they contain asbestos or not) .... $ 16.95 801 L0092-003 I 0/01/2012 Rates 80!LERMI\KER .•••. , .....• , •... ,., .. $ 4l. l7 BRCI\000<-008 05/01/2014 Rates BRlCKLI\YER; MARBLE SETTER ........ $ 34 .10 BRC/\0018-004 06/01/2013 Rates MARBLE: FINISHER .. , ....•.•.•...... $ 27. 88 TIL£ F[N!SHER .... , .• , .•.•........ $ 23.26 Tl LE LI\YER ....................... $ 34. 39 BRC/\0018-010 09/01/2013 Rates TERRI\ZZO FINISHER ................ $ 26.59 TERRI\ZZO WORKER/SETTER ........... $ 33. 63 CI\RP0409-002 07/01/2008 Rates Diver (ll Wet ...•... , .•........... $ 663.68 12) Standby ................. $ 331.84 13) Tender .................. $ 323.84 14) Assistant Tender ........ S 299.84 A.mounts in "Rates' column are per day CI\RP0409-008 08/01/2010 Rates Modular furniture Installer ...... S 17.00 fringes 18. 55 16.09 Fringes 10 .23 F'ringes 28. 27 F'ringes 15. 05 fringes 11.06 9.59 14. 01 tringes 10 . 34 11.13 ft"inges 9. 82 9. 82 9. 82 9 . 82 Fringes 7 .41 CI\RP0547-001 07/01/2009 CI\RPENT£R (1) (2) 13) (4) IS) Bridge ................. $ Col\\lllercial Building .... $ Heavy & Highway ........ $ Residential Carpenter .. $ Residential A.ates 37. 28 32. 30 37 .15 25. 84 Insulation Installer ........ $ 18. 00 Ml LLWRIGHT •.......•.............. $ 37. 65 PILEORIVERMAN ................ , ... $ 37.28 CIIRP054 7-002 07/01/2009 Drywall ( l) Work on wood framed construction of single family residences, apartments or condominiums under four stories Rates Drywall Installer/Lather ... $ 21 .00 Drywall Stocker /Scrapper. .. $ ll. 00 (21 All other work Drywall Installer/Lather. .. $ 27. 35 Drywall Stocker/Scrappe[" ... $ 11.00 ELEC0569-001 06/03/2013 Rates Electricians (Tunnel Work) Cable Spllcer ............ ,., S 43. 78 Electrician ••............... S 43. 03 Electricians: 11111 Other Work, Including 4 Stories Residential) Cable Splicer ............... $ 39. 00 Electrician ................. $ 38.25 ELEC0569-00S 12/01/2013 Rates Sound & Communications sound Technician .•... , •..... S 27. 87 soundman .................... $ 22, 30 fringes 10. 58 10. 58 10. 58 10. 58 8, 16 10. 58 10. 58 Fringes 8. 58 6. 67 9. 58 6. 67 f r inges 3i +ll.87 Ji+ll.87 3Hll.87 3~>! l. 87 Ft"inges Jt+I0.81 3%+9.17 SOUND TECHM[CtAN: Terminating, operating and perfoiming final check-out SOUNDMIIN: Wire-pulling, splicing, assembling and installing devices SCOPE OF WORK Assembly, installation, operation, set"vice and maintenance of components or systems as used in closed circuit television, amplified master television distribution, CATV on private property, intercommunication, burglar alat"m, t'ire alarm, lit'e support and all security alat"ms, private and public telephone and related telephone interconnect, public addt"ess1 paging, audi o, language, electronic, background music system less than line voltage or any system acceptable for class two wiring ror private, commercial, or industrial use furnished by leased wire, frequency modulation or other i:-ecordin9 devices, electrical apparatus by means of which electricity is applied to the airnplification, transmission, transference, recording or reproduction of voice, music, sound, impulses and video. Excluded from this Scope of Work -transmission, service and maintenance of background music. All of the above shalt include the i nstal lation and transmission over fiber optics. ELEC0569-006 l O/l 7/2013 Work on street lighting; traffic signals; and underground systems and/or established easements outside of buildings Rates Tratfic signal, street light and underground work Utility Technician N l. . $ 28. oo Utility Technician N2., ..... $ 23. 15 STREET LlGHT & TRI\FFIC SIGNAL WOR!<: Fringes 3%+7 .42 3%+7.42 UT!L!TY TECHN!Cll\N n , Installation of street lights and traffic signals, including electt"ical circuitry, programmable controller, pedestal-mounted electrical meter enclosures and laying of pre-assembled cable in ducts. The layout of electrical systems and cotntounication installation including proper position of trench depths, and radius at duct banks, location for manholes, street lights and traffic signals. ,, •tr Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 90 of 143 UTILITY TECHNICIAN H2: Distribution ot material at jobslte, installation of underground ducts for electrical, telephone, cable TV land communication systems. The setting, leveling, groundlng and racking of preca.st. manholes, handholes and transformer pads. E:LEC0569•008 06/03/2013 Rates Fringes ELECTRICIAN (Residential, 1·3 Stories) .............. . . . . S 22. 37 3'+3.30 ELECl245·00! 06/01/2013 Rates Fringes LINE CONSTRUCTION ( l) Lineman; Cable splicer .• s 50. 30 15. 00 (2) Equipment specialist (operates C["awler tractors, commercial motor vehicles, bad:hoes, trenchers, cranes (50 tons and below), overhead I underground distribution line equipment) ........... $ 40. I 7 14.56 (3) Groundman ............... $ 30. 73 13.48 (4) Powderman ....•..•....... S 44. 91 13. 48 HOLIDAYS: New Year1 s Day, M. L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Oay and day after Thanksgiving, Christmas Day ELEV0018·001 01/01/2014 Rates Fringes ELEVATOR MECHANIC ........•.•..... $ 49.03 26. 785 FOOTNOTE: PAID VACATION: Employer contributes 81 of regulat" hourly rate as vacation pay credit for employees with more than 5 years of service, and 6,_ for 6 months to 5 years of service. PAID HOLIDAYS: New YeaC's Day, MemoC"ial Day, Independence Day, Labor Day, Veterans Day. Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ENGIOOl2·003 08/26/2013 OPERATOR: !All Other GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP Power Equipment Wor~) l. ................... s 2 •.•..••.•...•.•..... s 3...... . . . . . . S 4 •.•.•..•....•....... S 5 ••••...•....•....... S 6 ••••••••••••••••••.• $ 8 ....•..•.•.••.•..... S 9 .................... s 10 ....••.•..•.•....•.• S 11 ....•............... $ 12 •...•.......•....... S 13 •...••••........•... $ 14 ....•.......•.•..... S 15 ......•••.•.•....... S 16 ....•....•..•.•...•. S 17 ....•.•.....•.•..... $ 18 ....•.......•....... $ 19 .........•..•.•..... S 20 ......•.....•.•.•... $ 21 ......•.......•..... S 22 ....•••.••.••••..... s 23 ...•................ s 24 .................... S 25 •..••.....•......... $ OPERATOR : Power Equipment {Crones, Piledriving & Hoisting I Rates 38. 20 38. 98 39. 27 40.76 41. 86 40.98 41. 09 42. 19 41. 21 42. 31 41. 38 41. 48 41. 51 41. 59 41. 71 41. 88 41. 98 42. 09 42. 21 42. 38 42. 48 42. 59 42. 71 42. 88 GROUP 1 •.............•..... S 39.55 GROUP 2 .•.•.•..•.••........ $ 40 .33 GROUP 3 •••••••••.••••••.... S 40 . 62 GROUP 4 ... , ••..•.••..•..... S 40 . 76 GROUP 5 ....••••••••••.•...• $ 40.98 GROUP 6 .....•..•.•.•..•.... $ 41.09 GROUP 7 •••.••..•.••.•.•..•. $ 41.21 GROUP 8 ...••••.•.•••••••••• $ 41. 38 GROUP 9 ........•.. , ........ $ 41. 55 GROUP IO .••..•..•.•••......• S 4 2 . 55 GROUP 11.. .. . . . ......... S 43.55 GROUP l2 ...........•...••••. $ 44.55 GROUP 13 •.................•. $ 45.55 OPERATOR: Power Equ1pment (Tunnel Work) GROUP I , . . . • . . . . . . . . . . . . S 4 0 . 05 GROUP 2 ........•..•....•.•. $ 40.83 GROUP 3 ••.•••..•.••••.•.•.• $ 41.12 GROUP 4 •....•..•..•....••.. $ 41.26 GROUP 5 .....•.••.•...•..•.• S 41 . 4 8 GROUP 6 .....•• , •••.••.••.•• $ 41.59 GROUP 7 ......••..•.•..••... S 41.71 PREMIUM PAY: fringes 21 .10 21 .10 21.10 21. 10 21.10 21.10 21.10 21. 10 21. 10 21.10 21. 10 21 .10 21 . 10 21. 10 21 . 10 21.10 21 . 10 21. 10 21 . 10 21.10 21 . 10 21.10 21 . 10 21.10 21. 10 21.10 21. 10 21. 10 21. 10 21. 10 21. 10 21. 10 21.10 21.10 21. 10 21.10 21.10 21.10 21.10 21.10 21. 10 21.10 21.10 21.10 $3. 75 per hour shall be paid on all Power E,qu.ipment Operator work on the followng Military Bases: China Lake Naval Reser-ve, Vandenberg Af13, Point Arguello, Seely Naval ease, E'oct Irwin, Nebo Annex Marine Base, Mnrine Corp Logistics Base Yermo, Edwards A.FB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work ln a hazardous material environment: $2. 00 per hour additional. Combination mixer and compressor operator on gunite wock sha.ll be classified as a concrete mobile mixer operator . SEE ZONE DEFINITIONS Af'TER C!J\.SSlFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat ot similaC" type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under S tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt-rubber plant operator (nurse tank operator); Concrete tnixer operator-hamman Hamman type; Conveyor operator; fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydro.static pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similaC' types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; 'Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford f"erguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machlne operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mix.erman {asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portoble); Drilling machine opera tor, stnal l au9er types (Texoma super economat ic or similar types -Hughes 100 or 200 or similar types - drilling depth of 30' m.!ximumJ ; Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stamper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete I; Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Sh Ht) . GROUP Ei : Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); concrete planer operator; Dandy digger; Deck engine operator; Derric~.111an (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types -Watson 1000 auger or sirllilar types -Texoma 330, 500 oC' 600 auger or similar types -drilling depth or 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter (concrete or asphalt); Mechanical finisher operator {concrete, Clary-Johnson-Sidwell or similar); Micro tunnel syste·m (below gr-ound); Pavement breaker operator ( truck mounted}; Road oil mixing machine operator; Roller operator (asphalt or finish) 1 rubber-tired earth moving equipment (single engine, up to and including 25 yd.s. struck); Self-propelled tar pipelining machine operator; Skt.ploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip torm pump operator (power driven hydraulic lifting device tor concrete forms); Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system. operator; Vacuum blasting machine operator GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Sad::hoe operator (up to and including 3/4 yd.) 1 small ford, Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (sel t-propelled}; Concrete mixer operator (paving}; Crushing plant operator; Drill Doctor; Drilling tl\achine operator, Bucket or auger types (Calweld 150 bucket or similar types -Watson 1500, 2000 2500 auger or similar types -Texoma 100, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Gracie checker; Grada11 operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator br similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or l' •+;' Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 91 of 143 similar type: Loadec-operator {Athey, Euclid, S1er["a and similar types); Mobar-k Chipper or similar; Ozzie paddec-or similar types; P.C. slot saw; Pneumatic concrete placing machine operator CHackley-Presswell or Similar type); Pumpcrete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type}; Aubber-tired earth-moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including SO cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit); Self- propelled curb and gutter Machine operator; Shuttle buggy; Slo::iploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.}; Soil remediation plant operator; surface heatecs and planer operator; tractor compressor drill combination operator; Tractor operator (,any type larger than 0-5 -100 flY'"1hecl h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments) 1 Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator {over 6 ft. depth capacity, 11Janufacturer's rating); trenching Machine with Road Miner attachment (ovet: 6 ft depth capacity): Ultra high pressure wateqet cutting tool system mechanic; Water pull (compaction) operator GROUP 9 : Heavy Duty Repairman GROUP 10: Drilling machine operator1 Bucket or auger types {Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LOC:350 (or similar types); Monorail locomotive operator I diesel, gas or electric); Motor patrol-blade operator (single engine); Multiple engine tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-ti red earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired ca["th-tnoving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar ovet' 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds . I; Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman -Welder Combination, Welder - Certified. GROUP l2: Auto grader-operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar-types -Watson, auger 6000 or similar types -Hughes Super Duty, auger 200 or similar types -drilling depth or. 1151 maximum); Hoe ram or similar with compressor; Mass excavator operator les.o; tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth-moving equipment operator Cmultiple engine, Euclid, Caterpillar and simllar type, over SO cu. yds. struck); Rubber-tired self-loading scraper operator (paddle-wheel-auger type self-loading -t wo (2) or more units) GROUP 13: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck} GROUP 14: Canal liner operator; Canal ta::immc.r op@rator; Remote-control earth-moving equipment operator (operati ng a second piece ot equipment: Sl.00 per hour additional); Wheel excavator operator lover 150 cu. yds. I GROUP 15: Rubber-tired earth-moving equipment operator1 operating equipment with push-pull system (single engine, Caterpillar, E.uclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine-up to and including 2S yds. 5truck) GROUP 16: Rubbe['-tired earth-moving equipment operator, opecattn9 equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, E.uclid, Caterpillar and similar1 over 25 yds. and up to 50 yds. struck) GROUP 11: Rubber-ti red earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, caterpillar and similar, over SO cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem -Quad 9 and si1t1ilar type) GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19; Rotex concrete belc operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units -single engine, Cate.rpillar1 Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and includtng 50 cu. yds. struck); Rubber-tired earth-moving equipment operator1 operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction un.Lts -multiple engine, up to and including 2.5 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator. operating in tandem (scrapers, belly dumps and similar types in any combinatiOn, excluding compaction units - single ~ngine, over SO yds. struck]; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units -multiple engine, Eucl1d1 Caterpillar and similar, over 25 yds. and up co 50 yds. struck) GROUP 21: Rubber-tired earth-moving equipment operator1 operating in tandem j5crapers, belly dumps and si-ruilar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (Single engine, up to and including 25 yds. struck) GR6UP 23: Rubbe.r-tired earth-moving equipment operator, opecating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and simllar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 2'1: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull systeru (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator-truck 1t1ounted; Rubber-tired earth-moving equipment operator1 operating equipment with the tandem push-pull system (multiple engine, E.uclid, Caterpillar and similar type, over-50 cu. yds .. struck) CRANES, PILEORIVING ANO HOISTING EQUIPMENT CLASSIFICATIONS GROUP l: Engineer oiler; Fork lift operator (includes loed, lul 1 or similar types) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator llobsite) GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator, Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar- gantry crane operator; Self Climbing scaffold (or similar type); Shovel I backhoe, dragline, clamshell opetator (over 3/'1 yd. and up to 5 cu. yds. m.rcl; Tugger hoist opera.tor GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawlec transporter operator; Derrick barge operator !up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up co and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operatoi; (over 1 cu. yds., M. R. C.) GROUP 9: Crane operator (over 25 tons and up to and including SO tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including SO tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10; Crane operator (over SO tons and up to and including 100 tons mrc); Derrick barge operator (over SO tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc}, Mobile tower crane operator (over 50 tons, up to and including 100 tons H.R..C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrcl ; Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoi st operator, l'\ •+;' Revised 4/1 7/13 City of Carlsbad Project Nos. 6016 & 3557 Page 92 of 143 stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons rare); Mobile tower crane operator (over LOO tons up to and including 200 tons mrcl GROUP t2: Crane operator (over 200 tons up to and including 300 tons meet; Derrlck barge operator (over 200 tons up to and including 300 tons mrc); Holst operator, stltt legs, Guy derrick or similar type {over 200 tons, up to and t.ncluding 'JOO tons mrc); Mobile tower crane operator (over 201) tons1 up to and including 300 tons 1nrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons!; Helicopter pilot; Hoist operator, stiff legs, Guy derrick or s.imllac type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL Cl.J\SSIFICATIONS GROUP l: Sk1p1oade, (wheel type up to 3/4 yd. without attachment) GROUP 2: Power-driven jumbo torm setter opera.tor GROUP 3: Oinkey locomotive or:-motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete formsl ; Tugger hoist operator (1 drum); Tunnel locomot lve operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator {up to and including 3/4 yd.); Small Fot""d, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (A.they, Euclid, Sierra and similat types); Mucking machine operator (l/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel}; Pumpcrece gun operator; Tractor compressor dri 11 combination operator; Tugger hoist operator (2 drutal; Tunnel locomotive operator (over 30 tonsl GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES SI. oo additional per hour for all of IMPER!l\L County and the portions of KERN, RIVERSIDE & SAN 8ERNAAOINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approxlmately J miles NE of the intersection of I-15 and the California State l ine at that point which is the NW corner of Section l, T17N,m Rl4£, San Bernardino Meridian. Continue W in a straight line co that point which is the SW corner ot the northwest quarter of Section 6, T27S, R42E, Mt. Diab lo Meridian. Continue North to the intersection with the Inyo County Boundary at that pclnt which is the NE corner ot the western halt' o! the northern quacter ot Section 6, T25S, R42E, MOM. Continue w along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which ls the SE corner ot Section 34, T24S, R40E, HDM . continue w along the Inyo and Kern county boundary until the intersection with 1'ulare County, at that point wh1.ch ls the SW corner of the SE quarter ot Section 32., T24S, JU?£, MOM. continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MOM. Continue S following R32E lines to the NW cot"n~r of TllS, R32E, MOM. Continue W to the NW corner of T3lS, RllE, MOM. Continue S to the SW corner of T32S, R31E, MOH. Continue W to SW corner ot S£ quarter of Section 34, T32S, R30£, MOM. Continue S to SW corner of TllN, Rl1W, SBM. Continue E along south boundary of Tl lN, SBM to SW corner of TllN, R7W, SBM. cont!nue s co SW corner of T9N1 R?W, $SM. Continue E along south boundary ot T9N, SBM to SW corner of T9N, RlE, SBM. Continue S a.long west boundary ot RlE, SHB to Riverside County llne at the SW corner of TlS, RlE:1 S£ll.L Continue E along south boundary of Tls, SBM (Riverside County Line) to SW corner of TlS, RlOE, $BM. Continue S along "West boundary of RlOE, SBM to [mperial County line at the SW corner of T8S, R10f:, SBM . Continue W along lmperial and Riverside county line to NW corner ot 19S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge ot R9E, SBH to the south boundary of Imperial County/California state line. r'ollow the California state tine west to Ari2ona state 1 ine, then north to Nevada state line, then continuing NW back co st~rt at the point which is the: NW corner of Section l, TJ7N, R14E, SBM SI .00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately S miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T2SS, Rl6E, Mt. Diablo Meridian. Continue south along the west side of Rl6E: to the SW corner of T30S, Rl6E, MOH. Continue E to SW corner of T30S, R11E, MOM. Continue S to SW corner of T31S, Rl ?E, MO!-t. Continue E to SW corner of T31S, R18E, MOM. Continua s along West side of" Rl8E, MOM as it crosses into San Bernardino Meridian numbering area and becomes RJOW. rollow the west side of RJOW, SBM to the SW corner of T9N, RJOW, S8M. Continue E along the south edge of T9N', SBM to the Santa Barbara county and Ventura County boundary at that point whch is the SW corner of Section 34. T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE: quartet of Section 32, T7N, R24W, SBH. Continue E a.long the south edge of T1N, SSM to the SE corner to T7N, R21W, SBM. continue N along East side of R21W, S8M to Ventura County and Kern County boundary at the NE corner' of TSN, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of Tl2N, R21W, SBM . Continue West along the north edge of Tl2N, SBM to the SE corner of T32S, R21E, MOM. IT12N SBH is a think strip between TllN SBM and T32S MDMI. continue North along the East side of R21E, MOM to the Kings County and Kern County border at the N£ cocner ot T2SS, R21E, MDM, continue West along the Kings County and Kern county Boundary until the i ntersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey county and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, Rl6£, HOM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion ot SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary or Mono County and the California state line at the point which is the center of Section 17, TlON, R22E, Ht. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter ot Section 2, TBS, R29E, MOH. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner ot the SE 1/4 ot Section 32, T24S1 R31E:, MOM. Continue £ along the Inyo and Kern county boundary until the intersection with San Bernardlno County at th.at point which is the SE corner ot section 34, T24S, R40E, MOM. continue E along the Inyo and San Bernardino county boundary until the point which is the NE corner of the Western halt ot the NW quarter of Section 6, T25S, R42E, MOM . Continue S to that point which is the SW corner of the NW quarter of Section 6, T21S, R42E, MOM. Continue E in a straight line to the California and Nevada state border at the point which 1s the NW corner or Section 1, f17N, Rt4E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, TlON, R22E, HOM. REMAINING Al\£A NOT DErINED ABOVE REClE\JES BASE RATE E'.NGI0012-004 08/05/2013 OPERATOR: Power Equ.ipment IDREOGlNGJ {l) Leverman ................ $ {2) Dredge dozer ............ $ I 3) Deckmate ..........•..... S (4) Winch operator (stern winch on dredge! ............ S (S) Fireman-Oiler, Deckhand, Bargeman, Leveehand .......•......•.... S 16) Barge Mate .............. S IRON0377-002 0?/01/2013 Ironworkers: Rates 4?. 70 41. ?3 41. 62 41.0? 40. 53 41.14 Rates rence Erector ............... S 26. 58 Ornamental, Reinforcing and Structural., ............ S 33. 00 PREMIUM PAY: Fringes 21.20 21. 20 21.20 21. 20 21.20 21. 20 F.rlnges 17. 74 26. 30 $6.00 additional per hour at the following locations: China Lake Naval -rest station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms -Marine Corps, U.S. Marine Base -Barstow, U.S. Naval Air Facility -Sealey1 Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute -Monterey, Fallon Air Base, Naval Post Graduate School -Honterey1 Yerrno Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S . Coast Guard Station -Two Rock LA.600089-001 07/01/2013 Rates Fringes LABORER !BUILDING and all l' •,;' Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 93 of 143 11 other Residential Conslruct Lon) Group I. .................... $ 26.98 Group 2 ..................... $ 27.66 c;,oup 3 ..................... $ 28.37 G<oup 4 .•.•••.•••.•.•.....•. s 29. 11 Group 5 ..................... $ 31.10 LABORER I RES I DENT I AL CONSTRUCTION -See de!inltion below) (I) Laborer ................. $ 24 .88 (2) Cleanup, Landscape, Fencing (Chain Link • Wood I • $ 23. 59 l 5. 42 15. 42 15. 42 15. 42 15. 42 13. 75 13.15 RESIDENTIAL OEF'INITION: Wood or metal frame construction of single family tesidences, apartments and condominu.ms - excluding (al projects that exceed three stories over a garage level, lb) any utility work such as telephone, gas, water, sewer and other utilities and (c) any fine gradin9 work, uti.l.ity work or paving work 1n the future street and public nght-o!-way; but lncludlng all rough gradlng work at the Job site behind the existing right of way LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel toro:is; Concrete Screeding for Rought Strike-o!f; Concrete, water curing; Demolition laborer; Flagman; Gas, oil and/or water pipeline laboreri General Laborer; General clean-up laborer; Landscape labor-er; Jetting laborer; Temporary water and air lines laborer; Material hoseman (walls, slabs, floors and decks); Plugging, filling of Shee-bolt holes; Ory packing of concrete; Railroad maintenance, Repair Trackman and road beds, Streetcar and railroad construction trac laborers; Slip Corm raisers; Slutry seal crews (mixer operator, applicator operatoi:, squeegee man, Shuttle man, top man) 1 filling of cracks by any method on any surtace; Tarman and mortar man; Tool crib or tool house laborer; Window cleaner; Wire Mesh puling-all concrete pouring operations GROUP 2: Asphalt Shoveler; Cement Dumper (on 1 yard or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute man, pouring concrete1 the handling o! the cute from ready mix trucks, such as walls, slabs, decks, floors, foundations, footings, curbs, gutters and sidewalks; Concrete curer-tmpervious membrane and form oiler; Cutting torch operator (demoliton); Guinea chaser; Headboard man-asphlt; Laborer1 packing rod steel and pans; membrane vapor barrier installer: Power broom sweepers I small); Riiprap, stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Tank sealer and cleaneri" Tree climber, faller, chain saw operator, Pittsburgh Chipper and similar type brush shredders; Underground laborers, including caisson bellower GROUP 3: Buggymobile; Concrete cutting torch; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer1 2 1/2 feet drill steel or longer; Ori Pak-it machine; High sealer (including drilling ot same); Hydro seeder and similar type; lmpact wrench, mult-plate; Kettlemen, potmen and mean applying asphalt, lay-kold, creosote1 line caustic and simUar type materials (applying means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing}; Opera.tors of pneumatic, gas, electric tools1 v!bratring machines, pavement breakers, air blasting, come-along, and similar mechanical tools not separately classified herein; Pipelayers back up man coating, grouting, making of joints, sealing, caulking, diapering and inclduing rubber gasket joints, pointing and any and all other services; Flotary Scarifier or multiple head concrete chipping scaarifier; Steel header board man and guideline setter; Tampers, Barko, Wackei:: and simi lar type; Tr-enching machine, han.dpi::opelled GROUP 4: Asphalt raker, l uterman, ironer, apshalt dumpman and as;phalt spreader boxes (all types); Concrete core cutter- (walls, floors or ceilings l I Grinder or sander; concrete saw man; cuttlng walls or-flat work, scoring old or new concrete; Cribber, shorer I lagging, sheeting and trench bracing, hand-guided laggl.ng hammer; Laser beam in connectton with laborer's work; Oversize concrete vibrator operator 70 pounds and over; Pipe layer per!orming all services in the laying/ installation and all forms of connection of pipe from the point ot receiving pipe in the ditch until completion of oepration1 including any and all forms of tubulat material, whether pipe1 metallic or non-metallic, conduit, and any other stationary type of tubular device used for the conveying ot any substance or element1 whether water, sewage, sol id, gas, air or other product whatsoever and without regard to the natur-e of material from which t he tubular material is .fabricated; No joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzleman), Porta shot-blast1 water blasting GROUP 5: Blasters Powderman-All work ot loading holes, placing and blasting of all pwder and explosives of whatever type, regardless of method used for such loading and placing; Driller-all power drills, excluding jac~•hammer, whether core, d 1.am.ond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power. LAB00089-002 11/01/2012 Rates LABORER (MASON TENDER) •.••••••••• $ 27. 98 LAB00089-004 07/01/2013 HEAVY AND HIGHWAY CONSTRUCTION Rates Laborers: Group l. .................... $ 26. 98 Group 2 .•..••.••..•......... $ 21. 66 Group 3 ..................... $ 28.37 Group 4 ..................... $ 29 .11 Gtoup s....... .. . . ........ s 31.10 LABORER CLASSIFICATIONS Fringes 13. 39 fringes 15. 42 15. 42 15. 42 15. 42 15. 42 GROUP 1: Laborer: Genecal or Construction Laborer1 Landscape Laborer. Asphalt Rubber Material Loader. Boring Machine Tender loutside) 1 Carpenter Laborer (cleaning, handling, oiling & blowing of panel forms and lumber} 1 concrete Laborer, Concrete Screeding tor rough strike-ott, Concrete water curing. Concrete Curb & Gutter laborer, Certified Confined Space Laborer, Demolition laboc-er & Cleaning of Brick and lumb~r,Expansion Joint Caulking; Environmental Remediation1 Monitoring Well, Toxic waste and Geotechnical Drill tender, fine Grader, Fire Watcher, Limbers, Brush Loader, Pilers and Debris Handlers. flagman. Gas Oil and Water Pipeline Laborer. Material Hoseman (slabs, walls, floors1 decks); Plugging, filling of shee bolt holes; Dry packing of concrete and patching; Post Haler Olgger (manual); Railroad maintenance, repair trackman, road beds; Rigging & signaling; Scal er, Slip-Form Raisers, filling cracks on any sur-t'ace, tool Crib or Tool House Laborer 1 Traffic control (signs, barriers, barricades, delineator, cones etc. l I Window Cleaner GROUP 2 : Asphalt abatement; Buggymobile; Cement dumper (on yd. or larger mixers and handling bulk cement); Concrete curer, impervious membrane and form oil er; Chute man, pouring concrete; Concrete cutting torch; Concrete pile cutter; dri ller/Jackhammer, with drill steel 2 l/'2 feet or longer; Ory pak-it machine; fence erector; Pipeline wrapper, gas, oil, wate r, pot tender & form man; Grout man; Installation of all asphalt overlay fabric and matei:ials used tor reinforcing asphalt; Irrigation laborer; Kettleman-Potman hot mop, includes applying asphalt, lay-klold1 creosote1 lime caustic and similar tyhpes ot materials (dipping, brushing1 handling) and waterproofing; Membrane vapor barrier installer; Pipelayer backup man (coating, grouting, making of joints, sealing caulkiing1 diapering including rubber basket j oi nts, pointing); Rotary scarifier, multiple head concrete chipper; Rock slinger; Roto scraper & tiller; Sandblaster pot tender; Septic tank digger/installer; Tamper-/wacker operator; Tank sea lei: & cleaner: Tar man & mortar man; Tree climber/faller, chainb saw operator, Pittsburgh chipper , similar type brush shredders. GROUP 3; Asphalt, i nstallation of all frabrics; Buggy Mobile Man, sushin.g hammer; Compactor (all types), concrete Curer -Impervious memb:rane, Form Oiler, Concrete Cutting Torch, Concrete Pile Cutter, Driller/Jackhammer with drill steel 2 1/2 ft or longer, Ory Pak-it machine, Fence erector including manual post hole digging, Gas oil or water Pipel ine Wrapper -6 ft pipe and over, Guradrail erector1 Hyd:ro seeder, Impact Wrench man (multi plate), kettleman-Pot.m.!l.n. Hot Mop includes applying Asphalt, Lay-Kold, Creosote, lime caustic and similar types of materials (dipping, brushing or handling) and waterproot'ing. Laser Beam in connection with Laborer work. High scaler, Operators of Pneumatic Gas or Electric Tools1 Vibrating Machines, Pavement Breakers1 Air Blc1,sting, Come-Fuongs and a!miler mechanical tool s 1 Remote-controlled Robotic Tools in connection with Laborers woc-k . Pipelayer Backup Man (Coating, grouting,ia makeing of joints, sealing, caulking, diapering including rubber gasket joints, pointing and other services). Power Post Hole Digger, Rotary Scarifier (multiple head concrete chipper scar-ifier), Rock Slingei:-1 Shot Blast equipment 18 to 48 lnches), Steel Headerboard Man and Guideline Setter, Tamper/Wacker operator and similar types, Trenching Machine hand propelled. GROUP 4; My worker exposed to raw sewage. Asphalt Raker-, Luteman1 Asphalt Ou.mpman, Asphalt Spreader Boxes, Concrete: Core Cutter, Concrete Saw Man, Cribber, Shorer, Head Rock Slinger. Installation ot subsurface i nstrumentation, monitoring wells or points, remediation system installer; Laborer, asphalt-rubber distributor bootman; Oversize concrete vibrator operators, 70 pounds or over. Pipelayer, Pr!efabr-lcated Manhole Installer, Sandblast Nozzleman (Water Balsting-Porta Shot Blast), Traffic Lane Closure. GROUP S: Blasters Powder-man-All work of loading holes, placing and blasting of all powdet and explosives of whatever type, regardless of method used for such loading and placing; Horizontal directional driller, Boring system, Electronic traking, Driller: all power drills excluding jackhammer, whether core1 diamond, wagon1 track, multiple unit, and all other types of mechanical drills without Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 94 of 143 regard to form of moti.ve power:. Environmental remediation, Monitoring well, Toxic waste and Geotechnical driller, Toxlc waste removal. Welding in connection with Laborer's work. LAB0_0300-005 01/01/2014 Rates Asbestos Removal Laborer ......... S 28. 00 fringes 15.25 SCOPE Of WORK: Includes site mobilization, initial .site cleanup, site preparation, removal of asbestos-containing material and toxic waste, ~ncapsula.tion, 12nclosure and dL3posal of asbestos-containing materials and toxic waste by hand or wich equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. LAB01184-001 07/01/2013 Rates Labore rs: (HORIZONTAL DIRECTIONAL DRILLING) ( 1 I Ori 11 ing Crew Laborer. .. $ (2) Vehicle Operator/Hauler.$ (3) Horizontal Directional Drill Operator .............. S ( 4) E:lectronic Tracking Locator ..................... $ Laborers: !STRIPING/SLURRY SEAL) GROUP I ..................... S GROUP 2 •.......... , .•. , .... ,$ GROUP 3 ....•.•.••••••••..... S GROUP 4 .. , ......•....•...... S 30.11 30. 28 32.13 34. 13 31.06 32.36 34. 37 36. 1 I LABORERS -STRIPING CLASSIFICATIONS Fringes 11.83 11.83 11.83 l l. 83 14. 53 14. 53 14. 53 14.53 GROUP 1: Protective coating, pavement sealing, including repair and filling ot. cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation ot all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal ot. all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.} and preparation of surface (o[" coatings. Tra!fic control person: controlling and directing traffic through both conventional and moving lane closures; operation ot all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including tra t!ic control. This category includes all traffic related su_rface preparation (sand.blasting, waterblasting, grinding) as part ot the application process. Traffic protective delineating system installer: removes, relocates1 installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4 : Striper: layout and application of traffic stdpes and markings; hot thermo plastic; tape tra!fic stripes and markings, including traffic control; operation of all reh1ted machinery and equipment LAJ301414-003 08/07/20l3 Rates LABORER PLASTER CLEAN-UP LABORER .... $ 27. 45 PLASTER TENDER. . . . $ 30. 00 Fr1nges 16.36 16. 36 Work on a sw1ng stage .scaffold: Sl .00 per hour additional. work at Military Bases -$3.00 additional per hour: coi:onado Naval Amphibious Base, f"ort lrwin, Marine corps Air Station-29 E'alms, Imperial Beach Naval Alr Station, Marine Corps Logistics Supply Base, Marine Corps Pickle Meadows, Mountain Warfare Training Center, Naval A.ir F'acility-Secley, North lsland Naval Air Station, Vandenberg AFB. PAIN0036-00I 01/01/2014 Rates Painters: ( Includ.ing Lead Abatement) ( 1) Repaint {excludes San Diego County) ............... $ 26. 49 121 All Other Work .......... $ 29. 82 F'ringes ll. 73 ll. 73 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial r-ecreational facilities, hotels which operate commercial establishments as part ot hotel service, and sports hcilities. PAIN0036-0IO 01/01/201! Rates fringes DRYWALL FIN I SHER/TAPER I l ) Building , Heavy Construction ................ $ 2S.69 13. 79 (2} Residential Construction (Wood t'rame apartments, single family homes and multi-duplexes up to and including four stories} .................... $ 21.00 13.41 PAlN0036-012 10/01/2013 Rates Fringes GLAZIER .•. , .....•.•...•....•..... $ 38. 80 17 .25 PAIN0036-019 07/01/2013 Rates Fringes SOFT f"LOOR LAYER ................. S 26.?'7 12.SO PLAS0200-005 08/07/2013 Rates Fringes PLASTERER .........•............. ,$ 36.11 lJ .13 NORTH ISLAND NAVAL AIR STATION, COLORADO NAVAL AMPHIBIOUS BASE, IMPERIAL BEACH NAVAL AIR STATION: $3.00 additional per hour. • PLASOS00-001 07/01/2012 CEMENT MASON/CONCRETE GROUP l ...... . GROUP 2 .• ,., ••.•. GROUP J ........ . Rates FHl!SHER . .. s 26. 41 .. ... ...... $ 28.12 ........ $ 30.75 Fringes 12 . 10 12.10 12 . 60 CEMENT MASONS -work inside the building line, meeting the following criteria: GROUP 1: Residential wood frame project of any size; work classified as Type 1r1, IV or Type V construction; interior tenant improvement work regardless the size of the project; any wood frame project of four stories or less. GROUP 2: Work classified as type t and l[ construction GROUP 3: All other work PLUM00l6-006 07/01/2013 PLUMBER, PlPE,ITTER, STEAMFITTER Rates Camp Pendleton .............. S 48. 10 Plumber and Plpefitter Al 1 other work except work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed S, 000 sq. ft. of floor space and worl< on strip malls, light corrunercia 1, tenant improvement and remodel work ........ , .............. $ 43.60 Work ONLY on new additions and remodeling of commercial buildings, bars, restaurants, and stores not to exceed S, 000 sq. rt. ot floor space ...... $ 42.26 work ONLY on strip malls, light commercial, tenant improvement and cemodel work ... , ..•.•............... $ 34 .11 PLUMOO! 6-011 07/01/2013 Rates PLUMBER/P IPErITTER Residential.... .. ......... $ 35.25 PLUM0345-00l Ol/01/2014 Rates PLUMBER Landscape/Irrigation Fitter.$ 28.56 Sewer & Storm Drain Work .... S 32. SO ROOF0045-00I 07/01/2012 Rates ROOFER •..•••.•••••..••..••.•••... S 25.08 Fringes 20 .16 20, 16 19 .18 17. 51 Fringes 16. 08 Fringes 19. 55 17.23 Fringes 7. 28 l'\ •;,' Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 95 of 143 Sf'CA0669-00l 07/01/2013 Rates SPRINKLER FITTER ................. $ 31. 86 SHEE0206-001 Ol/01/2012 Rates SHEET METAL WORKER Camp Pendleton..... . .$ 35.05 Except Camp Pendleton ....... $ 33. 05 Sheet Metal Technician ...... $ 25.22 SHEET METAL TECHNICIAN -SCOPE: fringes 18. 66 Fringes 19. 23 19. 23 6. 69 a. Ex 1st ing res ldential buildings, both single and multi-family, where each unit is heated and/or cooled by a separate system b. New sing le tam.1 ly residential buildings including tracts. c. New multi-family residential buildings, not exceeding five stories of living space in height, provided each unit is heated or cooled by a separate system. Hotels and motels ace excluded. d. LIGHT COMMERCIAL WORK: My sheet metal. heating and air conditioning work performed on a project where the total construction cost, excluding land, is under $1,000,000 e . TENANT IMPROVEMENT WORK: Any work necessary to finish interior spaces to conform to the occupants of comrnerclal buildings, after completion ot the building shell TEJ\M0036-001 07/01/2012 Rates Truck drivers: GROUP! ..................... S l!'>.40 GROUP 2 ..................... S 24,99 GROUP 3 ..................... $ 25.19 GROUP 4 ..................... S 25,39 GROUP 5 .....•.•.••..•....... $ 25. 59 GROUP 6 ..................... S 26.09 GROUP 7 ..................... $ 27.59 f'rlnges 20. so 20.50 20.so 20. so 20.50 20. so 20.50 FOOTNOTE.: HAZM1i.T PAY: Work on a hazmat job, where hazmat certification ls i:-equired, shall be paid, in addition to the classification working in, as follows: Levels A, B and C -+$1.00 per hour. Workers shall be paid hazmat pay in increments ot four (4) and eight (8) hours. TRUCK DRIVER CLASS!f!CATIONS GROUP l: f"uel Man, Swam.per GROUP 2: 2-axle Ou.mp Truck, 2-axle Flat Bed, Concrete Pumping Truck, Industrial Lift Truck, Motorized Traffic Control, Pickup Truck on Jobsite GROUP 3: 2-axle Water Truck, 3-axle Dump Truck, 3-axle Flat 8ed, Erosion control Nozzleman, Dump Crete Truck under 6.5 yd, Fod:lift 15,000 lbs and over, Prell Truck, Pipeline Work Truck Driver, Road Oil Spreader, Cement Distributor or Slurry Drivet, Bootman, Ross Carrier GROUP 4 : Off-road Dump Truck under 35 tons 4-axles but less than 1-axles, Low-Bed Truck & Trailer, Transit Mix Trucks under 8 yd, 3-axle Water Truck, Erosion Control Driver, Grout Mixer truck, Dump Crete 6 .5yd and over, Dumpster Trucks, ow 10, OW 20 and over, F'-uel Truck and Dynamite, Truck Greaser .. Truck Mounted Mobile Sweeper 2-axle Winch Truck GROUP 5: Off-road Dump Truck 35 tons and over, 7-axles or mor~, Transit Mi.x Trucks 8 yd and over, A-Frame Truck, Swedish Cr-anes GROUP 6: Ot(-Road Special Equipment (including but not limited to Water Pull Tankers, Athey Wagons, DJB, 870 Wuclids or like Equipment) GROUP 7: Repairman WELDERS -Receive rate prescribed for craft performing operation to which welding is incidental. •1Z=:z----··"""'=-::11=llal.Jal--•------IZ=<SOE•.ICl:OC:zr=Z1•s=cz:z::.B-----------·· unlisted classifications needed tor work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29Cf'R 5.5 (al (11 (ii) I. The body of each wage determination lists the classit'icatlon and wage rates that have been found to be prevailing for the cited type Cs) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate ls union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLIJM0198-00S 07/01/2011. The cirst tour letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 01/01/20111 following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July l, 201 t in the above example. Union prevailing wage rates will be updated to t"eflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non-Union Identifiers Classifications l isted under an "SU"' identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 ls the year ot the survey; and 007 1s an internal number used ln producing the wage determination. A 1993 or later date, 5/13/2010, i ndicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted- WAG£ DET£RMIAATION APPEALS PROCESS 1.) Has there been an initial decision in the matter'? This can be: an existing published wage determination a survey underlying a wage determination a Wage and Hour Divi s ion letter setting forth a position on a wage determinac.ion matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, i ncluding requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the su.rvey was conducted because those Regional Offices have r esponsibil ity for the Davis-Bacon survey program. If the response from this i nitial contact is not satisfactory, then the process described i n 2. I and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.1 is yes, then an interested pa.rty (those affected by the action} can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 Cf'R Part 71. Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue .. N,W. Washington, DC 20210 The request should be occompanied by a full statement ot the interested party's pos 1 t ion and by any in tormation (wage payment data, project description, area practice material, etc.) that the requester considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board}. Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION ,, •+;' Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 96 of 143 Add the following section: 7-16 PUBLIC SAFETY The Contractor shall provide for the safety of traffic and the public in conformance with the provisions in Section 7-1.04, "Public Safety," of the Caltrans Standard Specifications and these special provisions. The lane closure provisions of this section shall not apply if the work area is protected by permanent or temporary railing or barrier. When traffic cones or delineators are used to delineate a temporary edge of a traffic lane, the line of cones or delineators shall be considered to be the edge of the traffic lane, however, the Contractor shall not reduce the width of an existing lane to less than 3 m without written approval from the Engineer. When work is not in progress on a trench or other excavation that required closure of an adjacent lane, the traffic cones or portable delineators used for the lane closure shall be placed off of and adjacent to the edge of the traveled way. The spacing of the cones or delineators shall be not more than the spacing used for the lane closure. Suspended loads or equipment shall not be moved nor positioned over public traffic or pedestrians. Full compensation for conforming to the provisions in this section "Public Safety," including furnishing and installing temporary railing (Type K) and temporary crash cushion modules, shall be considered as included in the Contract prices paid for the various items of work involved and no additional compensation will be allowed therefor. Add the following section: 7-18 BUY AMERICA REQUIREMENTS. -Furnish steel and iron materials to be incorporated into the work with certificates of compliance. Steel and iron materials must be produced in the U.S. except: 1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)]; 2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials produced outside the U.S. may be used. Production includes: 1. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition; 2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials. Add the following section: 7-19 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES. --The Contractor shall comply with Section 14-11.02, "Construction," of the Caltrans Standard Specifications. Add the following section: 7-20 SUBCONTRACTOR AND DBE RECORDS --The Contractor shall comply with Section 5- 1.13, "Subcontracting," of the Caltrans Standard Specifications. Add the following section: 7-24 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS Attention is directed to the provisions in Sections 10262 and 10262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. Add the following section: 7-25 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay -~ f./ Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 97 of 143 retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency, even if the other Contract work is not completed and has not been accepted in conformance with Section 5-1.46, "Final Inspection and Contract Acceptance," of the Caltrans Standard Specifications. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or noncompliance by a subcontractor. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. SECTION 9 --MEASUREMENT AND PAYMENT 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 685.010 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the ,0 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. 1, 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 Section 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 Section 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 Work will not be included in the progress estimate. Add the following section: 9-3.4.1 Mobilization. The Contract lump-sum price paid for Mobilization shall not exceed fifty-seven thousand dollars ($57,000.00) for Schedule "A" nor two thousand five hundred dollars ($2,500.00) for Schedule "B", 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, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, ,,.,-. and incidental to preparing to conduct work on and off the project site and other offsite facilities '--necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various Contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor .... f./ Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 99 of 143 hereby agrees that the stipulated lump sum amounts are sufficient for Mobilization, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization. Progress payments for Mobilization will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for Mobilization will be allowed therefor. Add the following section: 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. Mobilization (Bid Item No. A-1) Lump Sum The contract lump-sum price paid for this bid item shall be in accordance with Section 9-3.4, "Mobilization," of the Standard Specifications and these special provisions. Storm Water Pollution Control and Erosion Control (Bid Item No. A-2) Lump Sum The contract lump sum price for this bid item shall constitute full compensation to meet storm water requirements with best management practices (BMPs) and erosion control measures as outlined in the Storm Water Standards Manual which includes a Standard Urban Storm Water Mitigation Plan and providing a construction Storm Water Pollution Prevention Plan. This item includes, but is not """"" limited to, determining threat level, implementation, maintenance, management and compliance of ...,,I erosion control activities per the project Storm Water Pollution Prevention Plan (SWPPP) and the National Pollutant Discharge Elimination System (NPDES) General Construction Permit. Traffic Control (Bid Item No. A-3) Lump Sum The contract lump sum price for this bid item shall constitute full compensation for all traffic control, traffic control plans and public notification in accordance with the plans and contract documents. This includes, but is not limited to, preparation and reproduction of traffic control plans, implementing traffic control, signing, striping, flagging operations, arrow boards, resident notification letters, door hanger, installation, maintenance, and removal of cones, delineators, advanced warning signs, barricades, flagmen, temporary traffic stripe application and sandblasted removal, traffic rerouting and "NO PARKING" signs. Sawcut Existing Pavement (Bid Item No. A-4) Linear Feet The contract unit price paid for this item shall constitute full compensation to sawcut the existing pavement in accordance with the plans and contract documents. Clear and Grub Existing Landscaping (Bid Item No. A-5) Square Feet The contract unit price paid for this bid item shall constitute full compensation for clearing and grubbing in accordance with Greenbook Section 300-1, the plans and contract documents. Remove Existing AC Berm (Bid Item No. A-6) Linear Feet The contract unit price paid for this item shall constitute full compensation to remove the existing AC berm in accordance with the plans and contract documents. ,1"111, Remove Existing Median Curb, Gutter, and Concrete Strip (Bid Item No. A-7) Linear Feet The contract unit price paid for this item shall constitute full compensation to remove the existing median curb, gutter, and concrete strip in accordance with the plans and contract documents. This includes, but is not limited to, sawcutting and concrete & rebar disposal. Remove Existing Curb and Gutter (Bid Item No. A-8) Linear Feet The contract unit price paid for this item shall constitute full compensation to remove the existing concrete curb and gutter in accordance with the plans and contract documents. This includes, but is not limited to, sawcutting and concrete & rebar disposal. Remove Concrete Sidewalk (Bid Item No. A-9) Square Feet The contract unit price paid for this item shall constitute full compensation to remove the existing concrete sidewalk in accordance with the plans and contract documents. This includes, but is not limited to, sawcutting and concrete & rebar disposal. Full Depth Bridge AC Pavement Removal (within the 9' participating area) (Bid Item No. A-10) Square Feet The contract unit price paid for this item shall constitute full compensation to remove full depth bridge AC pavement within the 9-foot participating area in accordance with the plans and contract documents. Full Depth Bridge AC Pavement Replacement (within the 9' participating area) (Bid Item No. A- 11) Square Feet The contract unit price paid for this item shall constitute full compensation to replace full depth bridge AC pavement within the 9-foot participating area in accordance with the plans and contract documents. Full Depth AC Pavement and Base Removal (raised medians) (Bid Item No. A-12) Square Feet The contract unit price paid for this item shall constitute full compensation to remove full depth AC pavement and base under raised medians in accordance with the plans and contract documents. Full Depth AC Pavement and Base Replacement (raised medians) (Bid Item No. A-13) Square Feet The contract unit price paid for this item shall constitute full compensation to replace full depth AC pavement and base under raised medians in accordance with the plans and contract documents. Full Depth AC Pavement and Base Removal (off the bridge) (Bid Item No. A-14, Non- Participating) Square Feet The contract unit price paid for this item shall constitute full compensation to remove full depth AC pavement and base beyond the bridge limits in accordance with the plans and contract documents. Full Depth AC Pavement and Base Replacement (off the bridge) (Bid Item No. A-15, Non- Participating) Square Feet The contract unit price paid for this item shall constitute full compensation to replace full depth AC pavement and base beyond the bridge limits in accordance with the plans and contract documents. Grind and Overlay AC Pavement (2" Depth) (Bid Item No. A-16, Non-Participating) Square Feet The contract unit price paid for this item shall constitute full compensation to grind existing AC pavement in accordance with the plans and contract documents. Remove Existing Wood Post (Bid Item No. A-17) Each The contract unit price paid for this item shall constitute full compensation to remove existing wood posts in accordance with the plans and contract documents. This includes, but is not limited to, wood post disposal. ,, •+;' Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 101 of 143 Remove Existing Inlet and Install Cap (Bid Item No. A-18) Each The contract unit price paid for this item shall constitute full compensation to remove existing inlet and install cap in accordance with the plans and contract documents. This includes, but is not limited to, inlet disposal and pavement patching. Excavate and Fill (Bid Item No. A-19) Cubic Yards The contract unit price paid for this item shall constitute full compensation to move dirt as necessary to meet proposed grade in accordance with the plans and contract documents. Remove Existing Water Valve (Bid Item No. A-20, Non-Participating) Each The contract unit price paid for this item shall constitute full compensation to remove existing water valves in accordance with the plans, contract documents, and Carlsbad Municipal Water District standards. Adjust Gas Valve to Finish Grade (Bid Item No. A-21, Non-Participating) Each The contract unit price paid for this item shall constitute full compensation to adjust existing gas valves to finish grade in accordance with the plans, contract documents, and SDG&E standards. Construct Curb Ramp per SDRSD G-27 (Bid Item No. A-22, Non-Participating) Each The contract unit price paid for this bid item shall constitute full compensation to construct curb ramps per SDRSD G-27 in accordance with the plans and contract documents. Construct 6" Concrete Median Curb per SDRSD G-6 Type 8-1 (Bid Item No. A-23) Linear Feet The contract unit price paid for this bid item shall constitute full compensation to construct 6" concrete median curb per SDRSD G-6 Type 8-1 in accordance with the plans and contract documents. Construct 6" Concrete Curb and Gutter per SDRSD G-6 Type 8-2 (Bid Item No. A-24) Linear Feet The contract unit price paid for this bid item shall constitute full compensation to construct 6" concrete curb and gutter per SDRSD G-6 Type 8-2 in accordance with the plans and contract documents. Construct Stamped Concrete (Bid Item No. A-25) Linear Feet The contract unit price paid for this bid item shall constitute full compensation to construct stamped concrete strip median paving in accordance with the plans and contract documents. Construct 6" Concrete Curb and Gutter per SDRSD G-2 (off the bridge in both directions on west side) (Bid Item No. A-26) Linear Feet The contract unit price paid for this bid item shall constitute full compensation to construct 6" Concrete Curb and Gutter beyond each end of the bridge per SDRSD G-2 in accordance with the plans and contract documents. Construct Concrete Sidewalk per SDRSD G-7 (off the bridge in both directions on west side) (Bid Item No. A-27) Square Feet The contract unit price paid for this bid item shall constitute full compensation to construct concrete sidewalk beyond each end of the bridge per SDRSD G-7 in accordance with the plans and contract documents. Furnish and Install Traffic Sign (Bid Item No. A-28) Each The contract unit price paid for this bid item shall constitute full compensation to furnish and install traffic sign in accordance with the plans and contract documents. Reinstall Salvaged Signs (Bid Item No. A-29) Each o The contract unit price paid for this bid item shall constitute full compensation to reinstall salvaged · · signs in accordance with the plans and contract documents. Install Striping and Pavement Markings (Bid Item No. A-30) Linear Feet The contract unit price paid for this bid item shall constitute full compensation to install striping and pavement markings in accordance with the plans and contract documents. This includes, but is not limited to, removal of existing conflicting striping and pavement markings. Remove Concrete Barrier (Bid Item No. A-31) Linear Feet The contract unit price paid for this bid item shall constitute full compensation to remove the existing east and west concrete barriers of the Carlsbad Blvd Overhead in accordance with the plans, contract documents, and Section 312-4, "Concrete Barrier Removal," of these special provisions. This includes, but is not limited to, submittals, removing live bee colonies, designing and constructing temporary support shoring, bracing, and protective covers, sawcutting, and removing and disposing of concrete and reinforcing steel in bridge barriers and sidewalks. Construct Concrete Barrier (Type C411 Modified) with Sidewalk (Bid Item No. A-32) Linear Feet The contract unit price paid for this bid item shall constitute full compensation to furnish and install Modified Type C411 Concrete Barriers with sidewalks and pilasters along the east and west edges of the Carlsbad Blvd Overhead in accordance with the plans, contract documents, and Section 303-1, "Concrete Structures," of the Greenback and these special provisions. This includes, but is not limited to, surveying, bar reinforcing steel, steel dowels and drilling and bonding dowels in structures, joint materials, embossed dates, and excavation and backfill adjacent to concrete barriers. Repair Spalled Surface Area (Bid Item No. A-33) Square Feet The contract unit price paid for this bid item shall constitute full compensation to repair areas of spalled concrete on the superstructure of the Carlsbad Blvd Overhead in accordance with the plans, contract documents, and Section 312-5, "Bridge Rehabilitation," of these special provisions. This includes, but is not limited to, test samples, sawcutting, removing concrete, cleaning corroded reinforcing steel, and placing colored repair mortar or concrete with matching texture. TASI Flagman (Bid Item No. A-34) Hours The contract unit price paid for this bid item shall constitute full compensation to supply a TASI Flagman in accordance with the plans, contract documents, and Section 7-7.1, "Railroad Coordination" of these special provisions. This includes, but is not limited to, time required for TASI to set up and remove track protection, provide flagging, and perform any inspections deemed necessary by the railroad. Mobilization (Bid Item No. B-1) Lump Sum The contract lump-sum price paid for this bid item shall be in accordance with Section 9-3.4, "Mobilization," of the Standard Specifications and these special provisions. Retaining Wall Rehabilitation (Bid Item No. B-2, Non-Participating) Lump Sum The contract lump-sum price paid for this bid item shall be in accordance with Section 312-6, "Retaining Wall Rehabilitation," of these special provisions. SECTION 10. FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS Section 1 O includes specifications required in a federal-aid construction contract and applies to a federal-aid contract. A copy of form FHWA-1273 is included below: l' • .., Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 103 of 143 FHWA-1273-Revised May 1, 2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination 111. Nonsegregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Govemmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require Its inclusion In all lower lier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Form FHWA-1273 must be included in alt Federal-aid design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. ll _ 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless It is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CF R Part 230 are not appllcable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, TIiie 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794 ), and TIiie VI of the Qvil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that ii has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "II is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Polley: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less Often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough Indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO olbligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. -~ 2 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women In the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor Is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complain ant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in localing, qualifying, and increasing the skills of minorities and women who are ~/ Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 105 of 143 applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Dlsabllltles: The contractor must be familiar 3 with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color. religion, sex. national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT-approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non- minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to Increase employment opportunities for minorities and women; and (3) The progress and efforts being made in localing, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor II HI will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. Ill. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions .... 4 of paragraph 1 .d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, Including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or f./ Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 107 of 143 will notify the contracting officer within the 30-day period that additional lime is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Wlthholdlng The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which Is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1 (b)(2)(B) oft he Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1 )(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1 (b)(2)(8) of the Davis- 5 Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week In which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional FormWH-347 is available for this purpose from the Wage and Hour Division Web site at hltp:/twww.dol.gov/esatwhd/forms,wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the state DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency .. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance,' signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. - (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or Iran scrlption by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the Journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly .~ 6 rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefrts listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. ' b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. lflhe trainee program does not mention fringe benefrts, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the Job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. ~/ Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 109 of 143 d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of ellglblllty. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1 ). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 7 V. CONTRACTWORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half limes the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; llablllty for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower lier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CF R 635.116). a. The term "perform work with its own organization· refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available In the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is a evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, state, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor sh all not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: ,, •+;' Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 111 of 143 'Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts. subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more -as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification -First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this 9 covered transaction. The prospective first tier participant shall submit an explanation of why ii 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 first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it Is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to ether remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and ''voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions· refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions· refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier 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 Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower lier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https'{,'www ep!s.goy/l, which is compiled by the General Services Administration. ,,,.,-.. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, lnellglbllity and Voluntary Exclusion -First Tier Partl cl pants: a. The prospective first lier participant certifies to the best of its knowledge and belief, that it and its principals: ( 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission offraud 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; (3) 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 (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification -Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more -2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which 10 this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower lier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and ''voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). 'First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it wlll 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 exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https'/fwww epls goy/). which is compiled by the General Services Administration. h. 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 participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the l'\ •+' Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 113 of 143 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, lnellglbllity and Voluntary Exclusion-Lower Tier Participants: 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 participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with Its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction Imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. ll _ 11 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 -ROCK MATERIALS 200-1 ROCK PRODUCTS Add the following section: 200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious substances. Class 1 and Class 2 permeable material shall have a Durability Index of not less than 40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable material shall conform to the requirements in this section and Table 200-1.2.2(A). Class 2 permeable material shall conform to the requirements in this section and Table 200-1.2.2(8). When permeable material is required and the class or kind is not specified, Class 1 permeable material shall be used. The alternative gradings within Class 1 permeable material are identified by types. Unless otherwise shown on the plans the Contractor will be permitted to furnish and place any one of the types provided for this class. The percentage composition by mass of permeable material in place shall conform to the gradings in Tables 200-1.2.2(A) and 200-1.2.2(8). Sieve Sizes 50-mm (2") 37.5-mm (1 ½") 19-mm (¾") 12.5-mm (½") 9.5-mm (3/a") 4.75-mm (No. 4) 2.36-mm (No. 8) 75-um (no. 200) Sieve Sizes 25-mm (1") 19-mm (¾") 9.5-mm <3/a") 4.75-mm (No. 4) 2.36-mm (No. 8) 600-um (No. 30) 300-um (No. 50) 75-um (no. 200) TABLE 200-1.2.2{A) CLASS 1 PERMEABLE MATERIAL Percentage Passing Type A --- --- 100 95-100 70-100 0-55 0-10 0-3 TABLE 200-1.2.2(8) CLASS 2 PERMEABLE MATERIAL Type B 100 95-100 50-100 --- 15-55 0-25 0-5 0-3 Percentage Passing 100 90-100 40-100 25-40 18-33 5-15 0-7 0-3 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans I"""-Standard Specifications 2010, Section 26: Aggregate Bases, Subsection 26-1.02B Class 2 Aggregate "--" Base and as specified herein. l'\ •+;' Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 115 of 143 Add the following section: 200-2. 7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 1 ½--inch maximum or ¾ inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval. Sieve Sizes 2" ································ 11/2'' ··························· 1" ································ 3/4" ····························· No. 4 .......................... . No. 30 ......................... . No. 200 ...................... . AGGREGATE GRADING REQUIREMENTS Percentage Passing 11/2" Maximum 3/4" Maximum Operating Range Operating Range 100 90-100 50-85 25-45 10-25 2-9 100 90-100 35-60 10-30 2-9 QUALITY REQUIREMENTS Tests Resistance (R-value) Sand Equivalent Durability Index Operating Range 78 Min. 25 Min. 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance" requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for "Operating Range." If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. ·"l t.~ ---·--_, .. , ... _, ... ,... ,...:L .. -~ "--1-l---1 n--:--'-fto.1--C'r\A r-0 l")t:.t:'"'7 n---A Ar--& A Al") 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) (2> PORTLAND CEMENT CONCRETE Type of Construction Concrete Class Concrete Barriers 630-CW-4000 or 630-CW-4000P (1l Trench Backfill Slurry 115-E-3 (190-E-400) Street Light Foundations and Survey Monuments 330-C-23 (560-C-3250) Traffic Signal Foundations 350-C-27 (590-C-3750) Concreted-Rock Erosion Protection 310-C-17 (520-C-2500P) Maximum Slumo mm (Inches) 100 (4") 200 (8") 100 (4") 100 (4") per Table 300-11.3.1 (1) The air content at the time of mixing and before placing must be 3.0 +/-1.0 percent. (2) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201-1.2 Materials. 201-1.2.4 Chemical Admixtures. (e) Air-Entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS 201-3.4 Type "A" Sealant (Two-Part Polyurethane Sealant). Add the following: All finished concrete surfaces shall have a ½" 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. 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 . .... '-/ Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 117 of 143 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, 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. Acceptable Products: "Sonneborn NPII"; Sonneborn Building Products Division; "Scofield Lithoseal Trafficalk 3-G", L.M. Scofield Company; or equivalent, as approved by the Engineer. 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. 201-3.7 Type "D" Joint Sealant. Add the following: Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C (400°F). ,........_ Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete ' and portland cement concrete. Performance characteristics of the cured hot-melt rubberized asphalt shall be as per Table 201-3.7(A). TABLE 201-3. 7(A) CURED HOT-MELT RUBBERIZED ASPHALT Property Measuring Standard (ASTM Results Conditions Designation} Cone Penetration ASTM D 3407, Sec. 5 3.5 mm, max. 25°c, 150 g, 5 s Flow, 60°C ASTM D 3407, Sec. 6 5 mm, max. Resilience ASTM D 3407, Sec. 8 25%, min. 25°C Softening Point, ASTM D 36 82 °C, min. Ductility, ASTM D 113 300 mm, min. 25°C, 50 mm/min Flash Point, COC, °C ASTM D 92 288 °C, min. Viscosity, Brookfield ASTM D 4402 2.5-3.5 Pa·s No. 27 Spindle, 20 Thermosel rpm, 190°C, Add the following section: 201-8 DRILL AND BOND DOWELS. Drill and bond dowels must comply with Section 51-1.03E(3), "Drill and Bond Dowels" and Section 51-1. 02C, "Bonding Materials," of the Caltrans Standard Specifications. ,, • .; n-••=---1 AIA-,,/A"") ,-..:,1,,. -r. ,...._..,,_1,.,._..J n .. -:.-.-,1. Ill--r-1"\A~ 0 "Jt=l:'7 n---AAO -&.AA'l "'-·· SECTION 203 -BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. Add the following: 203-6.2.1 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% of the design mix and the gradation conforms to the grading as shown in Table 203-6.4.3 (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 203-6.4.3 (A) Plant inspected asphalt concrete will be considered in conformance with the mix design when visually inspected and the combined gradation of the Bin samples show conformance to the grading as shown in Table 203-6.4.3 (A). 203-6.4 Asphalt Concrete Mixtures. Add the following: Conventional Asphalt concrete shall be class C2-PG64-10-RAP for surface course, and B-PG64-10-RAP for base course. Asphalt concrete shall be class D2-PG?0-10 for dikes and class E-PG?0-10 ditches. 203-6.4.3 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125. When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for: 1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202. 2. Stability using: a. Hveem stability Value using Calif. Tests 304 and 366 shall be the average of three individual Values or b. Marshall Stability1 in accordance with the Asphalt lnstitute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. 1Only use Marshall Stability when the deviation between individual Hveem Stabilometer Values are greater than +/-5. When using core sample analysis, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. 203-6.8 Asphalt Concrete Storage. add the following: Open graded or Gap graded asphalt concrete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 10 hours, shall not be used in the work. l'\ •+;' Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 119 of 143 SECTION 204 -LUMBER AND TREATMENT WITH PRESERVATIVES 204-1 LUMBER AND PLYWOOD TABLE 204-1.2(A) add the following: TABLE 204-1.2(A) USES Headers for bituminous pavement up to 50 mm x 100 mm (2"x4") Headers for bituminous pavement larger than 50 mm x 100 mm (2"x4") GRADES Construction grade Redwood or preservative treated construction arade DouQlas Fir Number 1 grade Redwood, or preservative treated number 1 Qrade DouQlas Fir SECTION 206 -MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. 206-7.1 Roadside Signs. This work shall consist of furnishing and installing roadside signs in accordance with details shown on the plans, the California Sign Specifications and these special provisions. Permanent and temporary signs shall be free from blemishes that may affect the serviceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks. 206-7.1.2 Sign Identification. The following notation shall be placed on the lower right side of the back of each sign where the notation shall not be blocked by the sign post or frame: A. PROPERTY OF THE CITY OF CARLSBAD, 8. Name of the sign manufacturer, C. Month and year of fabrication, D. Type of retroreflective sheeting, and E. Manufacturer's identification and lot number of retroreflective sheeting. The above notation shall be applied directly to the aluminum sign panels in 1/4-inch upper case letters and numerals by die-stamp and applied by similar method to the fiberglass reinforced plastic signs. Painting, screening, or engraving of the notation will not be allowed. The notation shall be applied without damaging the finish of the sign. 206-7.1.3 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. 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. 206-7.1.4 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation D4956 and conforming to the requirements of these special provisions. 206-7.1.5 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation 8209. Sheet aluminum shall be pretreated in accordance to ASTM Designation 8449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly ,.."'""' adherent chromate conversion coating free of powdery residue. The conversion coating shall be Class "' 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. l} ~ , ___ , , ,, ~,,,., ,._,L ..• .r: ,._ __ ,_ .... _.., n--=--• ~•--t>f\A,:, o ">C::C::"7 n---A"" -& A A'> 206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on 10-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 braces and mounting blocks as approved by the Engineer consisting of 10-gage or 12-gage cold-rolled steel perforated tubing when multiple posts are used. 206-7.1.7 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. 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor's performance of the Work. Temporary traffic signs include both stationary and portable signs. 206-7.2.1 General. This work shall consist of furnishing and installing temporary signs in accordance with details shown on the plans, the California Sign Specifications and these special provisions. Permanent and temporary signs shall be free from blemishes that may affect the serviceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks. 206-7.2.2 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. 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. 206-7.2.3 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation 04956 and conforming to the requirements of these special provisions. 206-7.2.4 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation 8209. Sheet aluminum shall be pretreated in accordance to ASTM Designation 8449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly adherent chromate conversion coating free of powdery residue. The conversion coating shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. 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 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. l' •+;' Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 121 of 143 e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements of these special provisions. 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 10-gage or 12-gage cold-rolled steel perforated tubing used for the support and stabilization of stationary mounted temporary signs. 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 number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate. 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 requirements of these special provisions, 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 requirements for portable signs shall be as described for stationary mounted sign panels in Section 206-7.2 of these special 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 be finished with 2 applications of orange enamel which will match the color of the sign panel background. Testing of paint will not be required. Add the following section: 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS. Add the following section: 206-8.1 General. This Section pertains to 10-gage and 12-gage cold-rolled steel perforated tubing 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 o, , ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching operations have been completed. Cold-rolled steel perforated tubing shall be perforated on all four faces with 11mm (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 (+0.011", -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" 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 3.1 m (1 0'). 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). TABLE 206-8.2(A) LIGHT GAGE STEEL TUBING SIZE TOLERANCE Nominal Outside Dimensions Outside Tolerance for All Sides at Corners mm (inches) mm (inches) 25 X 25 (1 X 1) 0.13 0.005 32 X 32 (1¼x1¼) 0.15 0.006 38 X 38 (1½x1½) 0.15 0.006 44x44 (1¾ X 1¾) 0.20 0.008 51 X 51 (2 X 2) 0.20 0.008 56 X 56 (23/15 X 23/15) 0.25 0.010 57 X 57 (2¼ X 2¼) 0.25 0.010 64 X 64 (2½ X 2½) 0.25 0.010 51 X 76 (2 X 3) 0.25 0.010 TABLE 206-8.2(8) LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST Nominal Outside Dimension Squareness(1l Twist Permissible in 900 mm (3") mm (Inches) mm (Inches) mm(2l (lnches)(2> 25 X 25 (1 X 1) 0.15 0.006 1.3 0.050 32 X 32 (1-¼ X 1-¼) 0.18 0.007 1.3 0.050 38 X 38 (1-½ X 1-½) 0.20 0.009 1.3 0.050 44 x44 (1-¾ X 1-¾) 0.25 0.010 1.6 0.062 51 X 51 (2 X 2) 0.30 0.012 1.6 0.062 56 X 56 (2-3/15 X 2-3/15) 0.36 0.014 1.6 0.062 57 X 57 (2-¼ X 2-¼) 0.36 1.014 1.6 0.062 64 X 64 (2-½ X 2-½) 0.38 0.015 1.9 0.075 51 X 76 (2 X 3) 0.46 0.018 1.9 0.075 (1) Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed. (2) Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of the tube parallel to the surface plate, and noting the height that either corner on the opposite end of the bottom side is above the surface plate. 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 mm (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 8-633, Type Ill Add the following section: 206-9 PORTABLE CHANGEABLE MESSAGE SIGN Add the following section: 206-9.1 General. Each portable changeable message sign (PCMS) unit shall consist of a controller unit, a power supply, and a structural support system all mounted on a trailer. The PCMS unit shall be assembled to form a complete self-contained portable changeable message sign, which can be delivered to the site of the work and placed in immediate operation. The complete PCMS unit shall be capable of operating in an ambient air temperature range of -20°C (-4°F) to +70°C (158°F) and shall not be affected by unauthorized mobile radio transmissions. The trailer shall be equipped so that it can be leveled and plumbed. Full operation height shall be with the bottom of the sign at least 2.1 m (7') above the ground and the top no more than 4.4 m (14.5') l'\ • .., Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 123 of 143 above the ground. After initial placement, PCMS shall be moved from location to location as directed by the Engineer Add the following section: 206-9.2 Message Board. The message displayed on the PCMS shall be visible from a distance of 460 m (1500') and shall be legible from a distance of 230 m (750'), at noon on a cloudless day, by persons with vision corrected to 20/20. The sign panel shall be 3-line matrix and shall display not less than 7 characters per line. Sign messages to be displayed shall be as approved by the Engineer. The sign face shall be flat black and shall be protected from glare of the sun by a method which does not interfere with the clarity of the sign message. The sign shall be raised and lowered by means of a power driven lifting mechanism. The matrix sign shall be capable of complete alphanumeric selection. Lamp matrix type signs shall be equipped with an automatic dimming operational mode that automatically compensates for the influence of a temporary light source or other abnormal lighting conditions. The sign shall have manual dimming operation modes of 3 or more different lamp intensities. Matrix signs not utilizing lamps shall be either internally or externally illuminated at night. The controller shall be an all solid-state unit containing all the necessary circuitry for the storage of at least 5 pre-programmed messages. The controller shall be installed in a location allowing the operator to perform all functions from one position. A keyboard entry system shall be provided to allow an operator to generate an infinite number of additional messages over the pre-programmed stored messages. The keyboard shall be equipped with a security lockout feature to prevent unauthorized use of the controller. The controller shall contain a nonvolatile memory to hold the keyboard created messages in memory during periods when the power is not activated. The controller shall provide for a variable message display rate which allows the operator to match the information display to the speed of the approaching traffic. The flashing off time shall be operator adjustable within the control ·O· cabinet. Add the following section: 206-9.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained at locations shown on the plans, specified herein, or designated by the Engineer. The PCMS will be diligently maintained and repaired by the Contractor throughout the project in accordance with the manufacturer's recommendations. When ownership is transferred to the City (at the end of the job), it must be demonstrated to be in good working condition, and meet the provisions of these specifications, including current registration. Add the following section: 206-9.4 Measurement and Payment. The contract unit price PCMS shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing, placing, operating, maintaining, repairing, replacing, transporting from location to location, and delivery of the signs to the City at the completion of the construction, in good working order, and as directed by the Engineer, and no other compensation will be made. ,-,.!_.__ _L ""--•-'---1 r-,, __ : __ L ... __ r'lr\A,.. 0 "'~~-, SECTION 210 -PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 210-1.5 Paint Systems. Add the following to Table 210-1.5(A): TABLE 210-1.5 (A) Surface to be Painted Pre-Treatment I Surface Primer Finish Coats Preparation Temporary Railing Abrasive Blast Cleaning to a None Two coats white Acrylic (Type K) Roughened, Textured Emulsion Paint (1l Appearance (1) acrylic emulsion paint designed for use on exterior masonry. This paint shall comply in all respects to Federal Specification TT-P-19 (latest revision), Paint, Acrylic Emulsion, Exterior. This paint may be tinted by using "universal" or "all purpose" concentrates. 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CAL TRANS Specification No. PTWB-01. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CAL TRANS Specification No. 8010-19A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CAL TRANS Specification No. 8010-004 (Type II). CAL TRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CAL TRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. SECTION 213 -ENGINEERING FABRICS 213-1 PAVEMENT FABRIC MATERIAL. 213-1.1 General. Add the following: High-Strength Paving Mats shall be hybrid geosynthetic paving mats (Type 1) conforming to Table 213-1.1 (B). Table 213-1.1 (B) HIGH-STRENGTH PAVING MAT Property Melting Point, degrees Fahrenheit Tensile Strength, lb/in Elonqation at Break, % Weight, oz/square yard Asphalt Retention, qallons/square yard 213-2 GEOTEXTILES. ASTM Test No. D276 D 5035 D 5035 D 5261 D 6140 Requirement s 450 min 140 min. 5%max 4.0 to 5.5 0.10 min 213-2.1 General. Add the following: Geotextile types shall be used for the applications listed in Table 213-2.1(A) l'\ •+;' Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 125 of 143 Table 213-2.1(A) GEOTEXTILE APPLICATIONS Application of Geotextile Separation of Soil and Street Structural Section Separation of Soil and Subsurface Aaareaate Drain Reinforcement of Street Structural Section Remediation and Separation of Soil Reinforcement of Soil Drainage at the Interface of Soil Structures Drainage at the Interface of Soil and Structures Rock Slope Protection Fabric for Rock Sizes Below 225 ka (¼ Ton) Rock Slope Protection Fabric for Rock Sizes lncludina and Above 225 ka (¼ Ton) Plant Protection Coverina Erosion Control Fence with 14 AWG -150 mm x 150 mm (6"x6") Wire and 3 m (10') Post Spacina Erosion Control Fence with 1.8 m (6') Post Spacina and No Wire Fencina Add the following section: 213-3 EROSION CONTROL SPECIAL TIES. Add the following section: Type Designation 90WS 180N 200WS 270WS 270WS N/A N/A 180N : 250N 90N 90WS 200WS 213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50 lbs) of 19 mm (¾") crushed rock and securely tied closed. Plastic bags are not acceptable. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 -EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.3 Removal and Disposal of Materials. add the following: Also included in clearing and grubbing shall be removal and disposal of existing landscaping, irrigation, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment. modify as follows: Payment for clearing and grubbing shall be made at the contract lump sum or contract unit price for clearing and grubbing within the project limits and at stockpile locations and no other payments will be made. Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in Clearing and Grubbing, and no additional payment will be made. 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. The Contractor shall provide erosion control and water pollution control conforming to the requirements as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the "2009 CASQA Construction BMP Handbooks/ Portal" as published by the California Stormwater Quality Association. The Contractor shall conduct its operations in conformity to said Handbook. Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: l'""""' a) Embankment areas, while being brought up to grade and during periods of completion prior to final "-" roadbed construction, shall be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods. b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include, but shall not be limited ,, •+r Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 127 of 143 to: temporary down drains, either in the form of pipes or paved ditches with protected outfall berms; graded berms around areas to eliminate erosion of embankment slopes by surface runoff; confined ponding areas to desilt runoff; and to desilt runoff. c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures. These measures shall include, but shall not be limited to, methods shown on the plans and described herein. Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the requirements of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the contract price bid for unclassified excavation, and no additional compensation will be allowed therefor. SECTION 301 -TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading "6 inches (150mm)" to "12 inches (300 mm)". 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12") of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test ~ D-1557-91. '-1111 301-1. 7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 302 -ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT. 302-5.1 General. Add the following: The Contractor shall be responsible for tree trimming along the curb line as noted in Section 300-1 Clearing and Grubbing -so as to provide a clear travel way during the construction of the roadway resurfacing. The Contractor shall treat all vegetation within the limits of the paved area to be surfaced with a post emergent herbicide. Herbicide shall be applied at least 2 (two) working days prior to surfacing the street. Allowance for the two day period shall be shown in the schedule required per Section 6-1. Payment for pavement surfacing shall include tree trimming and post emergent herbicide treatment of the areas to be surfaced and no extra payment will be made therefor. Public Convenience and Traffic Control. The Contractor shall schedule the work so as to prevent ·:) damage by all traffic. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling Coast Waste Management at (760) 929-9400. At least two weeks prior to work, Contractor shall send, by first class mail, notification letters to all ll property addresses within 500' of the work. Obtaining the appropriate addresses shall be the Contractor's responsibility. Letters shall be as shown in bold type as follows, with the appropriate information specific to the work inserted at the locations indicated in the brackets and italicized. (Date) (Name of Contractoij (Address of Contractoij ( Contractor's License Number, As a part of the City of Carlsbad's ongoing program to maintain its streets, your street will be (insert type of resurfacing), beginning in two or three weeks. This process requires that your street be closed for (X hours) starting at 7:00 a.m. and continuing until the Contractor removes the traffic control devices. You will be notified 72 hours in advance of the day your street will be closed by a brightly colored 3½" x 8½" card attached to your doorknob. You will also notice temporary no parking signs on your street with a specific no parking date written on it. A successful street maintenance program depends on your cooperation. Please do not drive, walk, play, skate or allow pets on the street .until it is opened by the Contractor. Furthermore, please do not wash your car or turn on any sprinklers while you are waiting. If you don't plan to leave your home before 7:00 a.m. on the day your street will be surfaced, and you need to use your vehicle later in the day, please park your car on an adjacent street in your neighborhood that is not signed as a no-parking zone. When walking to and from your car, remember not to walk on the newly surfaced street or you may have black residue on the bottom of your shoes. The residue may damage some surfaces, may mark surfaces that you track it on, and may be very difficult to remove. (Name of Contractoij is the Contractor that will be performing the resurfacing work for the City and you may call them at (24 hour per day attended telephone number in the 760 area code) for any questions you may have about the project. On the day your street is surfaced mail delivery may be delayed until the next day. You will not know the exact date your street will be closed until you receive the 3 ½" x 8 ½" card. If you have a moving company scheduled to come to your house within the next two weeks, please call and inform the Contractor of the date. If you have any concerns which are not addressed by the Contractor, please call the City's Engineering Inspection Department at 602-2780. They will assist you in resolving the concerns. The City of Carlsbad has some of the finest streets in the county due to the concern and cooperation of citizens like you. Your cooperation is greatly appreciated." During operations, the Contractor's schedule for resurfacing shall be designed to provide residents and business owners 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 . . ~ f./ Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 129 of 143 The Contractor shall deliver the notification which 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 a representative of the Contractor who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For door hangers, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. The precut notices shall be as shown on the example provided in Appendix "A", with the day of the week circled and appropriate information specific to the work inserted at the locations indicated in the italicized font. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for Traffic Control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. Add the following: 302-5.2 Pavement Transitions. The Contractor shall ramp the approaches and termini to all structures and vertical joints in the cold-milled area which are transverse to through traffic with temporary asphalt concrete pavement as specified in Section 306-1.5.1. Ramps shall be constructed the same day as cold milling and removed the same day as permanent paving. Ramp dimensions and compaction shall be as approved by the Engineer. 0 302-5.5 Distribution and Spreading. modify as follows: After second sentence of sixth paragraph, add: The Contractor shall provide the spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control for surface course paving. The automatic screed control shall be 9 m (30') minimum length. The paving machine shall be operated by an operator and two full-time screed men during all paving. Delete the second sentence of paragraph 7 and the subsequent subsections A. thru E. which reference windrow operations. Add the following sentence in place of the deleted sentence and subsequent subsections: The use of windrow operations shall not be allowed. 302-5.6.1 General. modify as follows: Second paragraph, Part (2), add: Pinched joint rolling procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer. modify as follows: After last paragraph, add: Unless directed otherwise by the Engineer, the initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this section. 302-5.8 Manholes (and other structures). delete the first paragraph and replace with the following: When placing the overlay the Contractor shall pave over appurtenances in the roadway which includes sanitary and storm access covers, water valve boxes, air vents, sewer dead end boxes and survey monument boxes. Each appurtenance shall be treated or covered to prevent adhesion of the overlay. Each appurtenance shall be located immediately after the overlay is placed and shall be thoroughly cleaned of any and all construction debris which may have entered due to the Contractor's operation. ~ The Contractor shall adjust all CMWD water valve boxes per CMWD Standard Drawing No. W11 or -..J CMWD Standard Drawing No. W13. All City of Carlsbad sanitary sewer access covers shall be adjusted per CMWD Drawing No. S1. All storm sewer access covers shall be adjusted per SDRSD D-10. Riser rings or extensions shall not be used for the adjustment of these appurtenances . .!' Raising and adjusting to grade all appurtenances in the roadway shall be paid for at the contract unit price per each as shown in the Bid. Such price shall constitute full compensation for all labor, materials, and equipment necessary for completing the work as described in these specifications and plans. 302-5.9 Measurement and Payment. add the following: Payment for asphalt concrete shall be at the unit price bid per ton. No additional payment shall be made for any tack coat or sand blotter. SECTION 303 -CONCRETE AND MASONRY CONSTRUCTION. 303-1 CONCRETE STRUCTURES 303-1.1 General. add the following to paragraph 1: Concrete barriers must also comply with Section 83-2.02D, "Concrete Barrier," of the Caltrans Standard Specifications. 303-1.6.2 Falsework Design. Replace with the following: Falsework and scaffolding for constructing concrete structures must comply with Section 48-2, "Falsework," of the Caltrans Standard Specifications. 303-2 AIR-PLACED CONCRETE. 303-2.1.1 General. add the following: Modify Regional Standard Drawing D-75 as follows: replace stucco netting with 150mm x 150mm (6" x 6") by No. 10 by No. 10 welded wire mesh. Add the following section: 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.5.2 Curb. add the following: The Contractor shall stamp the curb face with 75 mm (3") high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A) TABLE 303-5.5.2(A) Curb Face Markin s T e of under round facilities Water Service Lateral Sewer Service Lateral lrri ation Water Lateral or Sleeve 303-5.9 Measurement and Payment. Add the following: Markin w s RW Curb and gutter, and curb, shall be considered as continuing across driveways and access ramps when constructed adjacent thereto. Neither curb and gutter nor curb will be paid for across the length of local depressions, except that which occurs in gutter transitions at each side of an inlet. Concrete barriers are measured along the top of the barrier. Payment for bar reinforcing steel and drilling and bonding dowels in structures is included in the payment for the concrete barrier. l' •+r Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 131 of 143 SECTION 306 -UNDERGROUND CONDUIT CONSTRUCTION 306-1 OPEN TRENCH OPERATIONS Add the following section: 306-1.1.7 Steel Plate Bridging -With a Non-Skid Surface. This section covers the use of steel plate bridging. The Contractor shall not employ the use or use steel plate bridging or trench plate that does not meet the requirements of this section both in application and circumstance of use. Add the following section: 306-1.1. 7.1 Requirements for Use. Alternate construction methods that avoid the use of steel plate bridging shall be used by the Contractor unless otherwise approved by the Engineer. It is recognized that to accommodate excavation work, steel plate bridging may be necessary. All conditions for use of steel plate bridging set forth in the following requirements must be fulfilled as conditions of approval of the use of steel plate bridging. Consideration of steel plate bridging in the review process will take into account the following factors: 1. Traffic volume and composition. 2. Duration of use of the steel plate bridging. 3. Size of the proposed excavation. 4. Weather conditions. The following formula shall be used to score the permitted use of steel plate bridging: PS = [ ADT + EWL + DAYS + 10 X. WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (kmh) + SLOPE X 100) X LANES 1000 8 PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER+ SPEED (mph) + SLOPE X 100) X LANES 1000 5 where: PS ADT EWL DAYS WEEKEND NIGHTS WEATHER SPEED SLOPE LANES = plate score. = average daily traffic as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement. = equivalent wheel loads as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement. = total number of 24 hour periods during which the plates will be utilized at the site being considered. = = = = = = total number of Saturdays, Sundays and holidays that the plates will be utilized at the site being considered. total number of overnight periods that the plates will be in place, exclusive of Saturday, Sunday and holiday nights. total number of 24-hour periods that the plates will be utilized at the site being considered when the possibility of rain exceeds 40 percent. the design speed in kilometers per hour or miles per hour, as applicable in the formulae above, of the street where the plates are to be installed. This number shall not be reduced for construction zone speed reductions. the quotient of the vertical differential divided by the horizontal distance. The vertical and horizontal dimensions shall be measured at the locations spanning a distance of 15 m (50') up and downstream of the position of the proposed steel plate bridging. the number of lanes where plates will be used. When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless, and at the sole discretion of the Engineer, the Engineer determines that no alternative method of construction is possible in lieu of using steel plate bridging or that other overriding considerations make the use of steel plate bridging acceptable. Alternatives considered to bridging shall include, but ll 0 not be limited to, detouring traffic, construction detour routes, tunneling, boring and other methods of trenchless construction. Unless specifically noted in the provisions of the Engineer's approval, the use of steel plate bridging at each location so approved shall not exceed four (4) consecutive working days in any given week. Add the following section: 306-1.1.7.2 Additional Requirements. In all cases when the depth of the trench exceeds the width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety regulations require or the Engineer determines that shoring is necessary to protect the health or safety of workers or the public the Contractor shall install shoring conforming to Section 7-10.4.1 of the Standard Specifications. The trench shoring shall be designed and installed to support the steel plate bridging and traffic loads. All approvals for design, substitution of materials or methods shall be submitted by the Contractor in accordance with all provisions of Section 2-5.3. The Contractor shall backfill and resurface excavations in accordance with Section 306-1.5. Add the following section: 306-1.1.7.3 Installation. When backfilling operations of an excavation in the traveled way, whether transverse or longitudinal cannot be properly completed within a work day, steel plate bridging with a non-skid surface and shoring may be required to preserve unobstructed traffic flow. In such cases, the following conditions shall apply: a) Steel plate bridging when the plate score exceeds 50 is not allowed except when, at the sole discretion of the Engineer, it is approved as specified hereinbefore. b) Steel plates used for bridging must extend a minimum of 610 mm (2') beyond the edges of the trench. c) Steel plate bridging shall be installed to operate with minimum noise. When the use of steel plate bridging and shoring is approved by the Engineer, the Contractor shall install using either Method (1) or (2) depending on the design speed of the portion of street where the steel plate bridging is proposed for use. Method 1 [For speeds more than 70 Km/hr (45 MPH)]: The pavement shall be cold planed to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. The cold milling shall produce a flat surface that the plate shall rest on with no horizontal or vertical movement. Horizontal gaps between the unmilled pavement and the plate shall not exceed 25 mm (1") and shall be filled with elastomeric sealant material which may, at the contractor's option, be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of tables 203- 5.2(8) and 203-5.3(A) . Method 2 [For speeds 70 Km/hr (45 MPH) or less]: Approach plate(s) and ending plate (if longitudinal placement) shall be attached to the roadway and shall be secured against displacement by using two adjustable cleats that are no less than 50 mm (2") shorter than the width of the trench bolted to the underside of each plate and located within 150 mm (6") of the beginning and end of the trench for plates at the beginning and end of the trench, a minimum of two 300 mm long by 19 mm diameter (12" x ¾") steel bolts placed through the plate and driven into holes drilled 300 mm (12") into the pavement section, or other devices approved by the Engineer. Subsequent plates shall be butted to each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum slope 8.5% with a minimum 300 mm (12") taper to cover all edges of the steel plates. When steel plates are removed, the dowel holes in the pavement section shall be completely filled with elastomeric sealant material. At the Contractor's option, the methods required for Method 1 may be used. If the Contractor so elects, all requirements of Method 1 shall be used. The Contractor shall maintain the steel plates, shoring, and asphalt concrete ramps and maintain and restore the street surface during and after their use. {'\ •+;' Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 133 of 143 Add the following section: 306-1.1. 7.4 Materials. The minimal thickness of steel plate bridging shall be as shown in Table 306- 1.1. 7.4(A) TABLE 306-1.1. 7 .4(A) REQUIRED PLATE THICKNESS FOR A GIVEN TRENCH WIDTH Maximum Trench Width (1l Minimum Plate Thickness 0.3 m (10") 13 mm (½") 0.6 m (23") 19 mm (¾") 0.8 m (31") 22 mm (7/a") 1.0m (41") 25 mm (1") 1.6 m (63") 32 mm (1 ¼") (1) For spans greater than 1.6 m (5'), a structural design shall be prepared by a registered civil engineer and submitted to the Engineer for review and approval in accordance with Section 2-5.3. Steel plate bridging shall be steel plate designed to support the HS20-44 truck loading per CAL TRANS Bridge Design Specifications Manual. The Contractor shall maintain a non-skid surface on the steel plate with no less than a coefficient of friction of 0.35 as determined by California Test Method 342. If a different test method is used, the Contractor may utilize standard test plates with known coefficients of friction available from the CAL TRANS District 11 Materials Engineer to correlate skid resistance results to California Test Method 342. In addition to all other required construction signing, the Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging. Add the following section: 306-1.1.7.5 Measurement and Payment. Steel plate bridge materials including, but not limited to: steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and padding, signage, placing, installation, removal, relocation, preparation and processing of shop ·~ drawings and submittals to support the use of steel plate bridging and all other materials, labor, supervision, overhead of any type or description will be paid for as an incidental to the work that the bridging is installed to facilitate. No separate payment for steel plate bridging will be made. No extension to contract time will be allowed for, or because of, the use of steel plate bridging. 306-1.3.4 Compaction Requirements. Delete Section 306-1.3.4 and replace with the following: The Contractor shall densify trench backfill to a minimum of 90 percent relative compaction except that in the top 300 mm (12") of the street right-of-way, compaction shall be 95 percent. 306-1.5 Trench Resurfacing. 306-1.5.1 Temporary Resurfacing. Delete the fourth and fifth paragraphs and substitute the following: Temporary bituminous resurfacing materials which are placed by the Contractor are for its convenience and shall be at no cost to the Agency. Temporary bituminous resurfacing materials shall be used in lieu of permanent resurfacing only when approved by the Engineer. When temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and replaced with permanent resurfacing within 7 days of placement. No additional payment will be made for temporary bituminous resurfacing materials. The price bid for the associated conduit or structure shall include full compensation for furnishing, placing, maintaining, removing, and disposing of such temporary resurfacing materials. 306-1.5.2 Permanent Resurfacing. Add the following: Except as provided in Section 306-1.5.1, "Temporary Resurfacing," the Contractor shall perform permanent trench resurfacing within 24 hours after the completion of backfill and densification of backfill and aggregate base materials. ~ 306-1.6 Basis of Payment for Open Trench Installation. Add the following: Payment for utilities undergrounding which includes the utility trench for CA TV and SDG&E and conduit for SDG&E's electric conversion shall be made on the basis of contract lump sum price for utilities undergrounding •" '£,. and no other payments will be made. Cox Cable will supply and deliver conduits and fittings to be installed by the Contractor. Cox Cable will install enclosures. The Contractor will furnish and install 6.4 mm (¼") nylon pull ropes in all conduit. '-" 306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following: Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. SECTION 312 -EXISTING FACILITIES Add the following section: 312-1 GENERAL. Section 312 includes general specifications for performing work on existing facilities. Wherever work requires removing materials, the work includes disposing of the materials unless salvaging or incorporating the materials into the final work is described. Wherever work includes removing, salvaging, reconstructing, abandoning, destroying, modifying, resetting, relocating, or relaying, do not start such activities until the facility is no longer needed or not being used. Portions of the existing facilities that are to remain in place must be protected, preserved, and maintained. Contractor is responsible for repair or replacement of any damaged facility that is to remain in place. After the repair or replacement, the condition of the facility must be equal or better in quality than it was before beginning the work. Remove materials that are not repaired. Add the following section: 312-2 MISCELLANEOUS FACILITIES. Removing, salvaging, reconstructing, modifying, relocating, and adjusting miscellaneous roadway facilities shall comply with Section 15-2, "Miscellaneous Facilities," of the Caltrans Standard Specifications. 312-2.1 Remove Asphalt Concrete Dikes. Replace Section 15-2.02F of the Caltrans Standard Specifications with the following: Before removing the dike, cut the outside edge of the asphalt concrete on a neat line and to a minimum depth of 0.17 foot. Add the following section: 312-3 CONCRETE REMOVAL. Removing concrete facilities, including off-bridge curbs, gutters, and sidewalks shall comply with Section 15-3, "Concrete Removal," of the Caltrans Standard Specifications. Add the following section: 312-4 CONCRETE BARRIER REMOVAL. Removing and disposing of portions of bridges, including removal of concrete barriers on bridges and installation of protective covers over railroad property, shall comply with Section 15-4, "Bridge Removal," of the Caltrans Standard Specifications. Add the following to Section 15-4.01 C(3)(b), "Preliminary Work," of the Caltrans Standard Specifications: Live bee colony removal will be required prior to installing protective covers. This work consists of removing a bee infestation from the work site where shown on the plans to safely perform other items of work. Bees must be removed by a contractor possessing a valid Pest Control Business license in the State of California. Proof of license must be submitted to the Engineer prior to performing the work. The hive and any honeycomb must be removed, and methods of bee removal must not harm the bee colony. The area must be cleaned to prevent attracting new bees and recolonization. Add the following to Section 15-4.01 D, "Payment," of the Caltrans Standard Specifications: Payment for "Remove Concrete Barrier" includes work required for live bee removal. ,., •fr' Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 135 of 143 Add the following section: 312-5 BRIDGE REHABILITATION. 312-5.1 Remove Unsound Concrete. Remove unsound portions of bridge decks, curbs, and railings. The limits of removal shown on the plans are approximate. Unsound concrete is concrete that emits a dead or hollow sound when chained or tapped with a metal tool. The Engineer determines the soundness of concrete and authorizes removal limits prior to removal activities. Saw cut concrete to a depth of 1 inch around removal limits before removing concrete. Equipment and tools that in the Engineer's opinion remove excess quantities of sound concrete are not allowed. Stop removal activities when trains pass under the bridge. Reinforcing steel exposed after removing unsound concrete must be restored to position and blocked and tied in conformance with Section 207-2.4. Replace or repair reinforcing steel damaged and rendered useless during removal. 312-5.2 Repair Spalled Surface Area. Removing and patching spalled concrete surfaces other than bridge decks shall comply with Section 15-5.03, "Repair Spalled Surface Area," of the Caltrans Standard Specifications. 312-5.3 Epoxy Crack Injection. Filling cracks in concrete structures with pressure-injected epoxy shall comply with Section 15-5.08, "Epoxy Crack Injection," of the Caltrans Standard Specifications. Add the following section: 312-6 RETAINING WALL REHABILITATION. 312-6.1 General. This section includes specifications for rehabilitating two Caltrans Type 5 retaining walls constructed during the recent retrofit of the Carlsbad Blvd. Overhead. The retaining walls were not constructed with the planned drainage details. An irrigation system was installed behind the retaining walls which was subsequently damaged and flooded the slope behind the retaining walls causing significant erosion. The two retaining walls have settled and rotated, and the compaction ~ beneath the walls is substandard and needs to be improved to 95% relative compaction. As a result, ,......,/ rehabilitation of the retaining walls is required. Furthermore, a colony of bees has nested adjacent to one of the walls and must be removed to safely perform the structural work. The rehabilitation work may include: 1) Installing drainage systems and gutters behind the walls 2) Repairing erosion damage to the slopes behind and adjacent to the walls 3) Compaction grouting below wall footings to stabilize wall settlement and rotation 312-6.2 Drainage System and Gutters. 312-6.2.1 Construction The construction of the drainage system will consist of the following: • Excavate a 1' wide trench, full length behind both retaining walls. Install shoring as required. The bottom of the trench will be excavated, at a minimum, to the elevation of the existing finish grade on the front side of the wall. Slope the bottom of the trench a minimum of 1 % gradient to drain. Use the trench spoils as fill for the eroded slope behind and adjacent to the retaining walls. Place, moisture condition, and mechanically compact the spoils material. • Install filter fabric on the face and bottom of the excavation and the back side of the wall to provide a filter fabric envelope per SSPWC Section 300-8.1.1. • Place a perforated drainage pipe at the bottom of the trench, perforations down. Provide a ~ minimum 1 % gradient to drain. Outlet the pipe around the outside of the wall. .....,, • Backfill the trench with pea gravel. The top of the pea gravel will be 32" below the top of the wall. ll • Place 1' of compacted native material over the top of the 3/8" pea gravel. • Construct concrete gutter behind the retaining wall per Caltrans Standard Plan 83-6. Grade ~ gutter to drain. Continue gutter down slope. 312-6.2.2 Materials Filter Fabric: Use Mirifi 180N or equivalent. Perforated Drainage Pipe: Use 4" diameter Schedule 40 PVC pipe or equivalent. Pea Gravel: Use commercial grade 3/8" pea gravel (i.e. concrete plant). 312-6.3 Repairing Erosion Damage. Repair the erosion damage to the slopes behind and adjacent to the retaining walls using material excavated from behind the retaining walls as fill material. Place fill material per SSPWC Section 300-4. Voids around the gas line may be grouted with 1 sack slurry. All excess material shall become property of the Contractor and deposited off-site. 312-6.4 Compaction Grouting. 312-6.4.1 General Scope. Compaction grouting involves the injection under high pressure of a low- slump, mortar-like grout or high-density polyurethane to compact and displace the adjacent soils. The grout does not penetrate soil pores but displaces the subsurface soils by forming a homogeneous grout bulb near the grout pipe tip. The location, spacing, grout pressure and grout quantity is controlled to achieve densification of the soil, while minimizing unwanted uplift and/or hydrofracturing. The intent of the compaction grouting specified herein is to provide soil improvement within the soil improvement zone indicated on the project plans to achieve the required degree of improvement detailed in these special provisions. The work shall consist of installation and monitoring of compaction grouting within the limits indicated on the plans to meet the acceptance criteria presented in these specifications. The number of grout bulbs shown on the plans are the minimum required. Additional grout bulbs may be required to meet the acceptance criteria. In connection with the compaction grouting program, as shown on the drawings, the grouting contractor shall provide all labor, materials and equipment to accomplish the following items of work: 1. Implement ground/structure movement monitoring system. 2. Install and remove grout pipes. 3. Furnish and inject compaction grout. 4. Monitor surface ground/ structure movements during compaction grouting operations. 5. Follow compaction grouting sequence of operations. It shall be the grouting contractor's responsibility to determine and implement the systems and criteria to ensure that specified improvement is achieved. 312-6.4.2 Reference Documents. Reference documents as provided to the grouting contractor shall include: 1. These Supplemental Provisions 2. Plans for Carlsbad Boulevard Overhead Retaining Wall Rehabilitation 3. Geotechnical report titled "As-Built Evaluation of Type 5 Retaining Walls and Remedial -Recommendations, Carlsbad Boulevard Overhead (Bridge No. 57C-134), Carlsbad, ~ California" dated May 13, 2008 (Revised 7-2-08) and prepared by Group Delta 4. As-built plans for the Carlsbad Boulevard Overhead and adjacent retaining walls 5. Form of contract between Owner and General Contractor, Owner and Compaction Grouting Contractor, and General Contractor and Compaction Grouting Contractor as appropriate. l'\ •+r Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 137 of 143 312-6.4.3 Submittals. Submit, with the bid documents, a list of at least five previously completed projects of similar scope and purpose for approval by the Engineer. The list shall include a description of the project, relative size, and contact person with phone number. The following shall be submitted to the Engineer by the grouting contractor four weeks prior to the start of the work: 1. Resumes of the management, supervisory, and key personnel, for approval by the Owner's representative. The superintendent shall have at least five years of experience in compaction grouting. 2. A ground movement monitoring plan, as detailed in these specifications. 3. A mix design for the project indicating sources and types of grout materials, with volumetric proportions, and field test data from previous projects indicating compressive strength and slump of 1 to 3 inches or less achieved. If the grouting contractor intends to deviate from the materials or gradations within this specification, it shall submit, with the bid, evidence of satisfactory use of the proposed material from past projects with similar soil conditions. 4. Work procedures and control criteria (including volumes and pressure for each stage). 5. A general Work Procedures Plan outlining the spacing, location, depth and estimated quantity of grout. The work plan shall also define the following conditions under which grout injection may be terminated at a stage depth: a. The maximum header pressure reading b. The ratio of injected grout volume to treated soil volume Grout hole locations shall be dimensionally referenced to the structural foundation shown on the contract drawings. The following shall be submitted to the Engineer by the grouting contractor during the work: 1. Accurate daily records of all grout pipe installation, compaction grouting quantities, including stage data, volume, pressure and depth for each grout pipe location. 2. Any change in the predetermined grouting program necessitated by a change in the subsurface conditions. 312-6.4.4 Equipment. The grouting contractor shall supply equipment capable of advancing the grout pipe through overburden, soils and other natural obstructions to the specified depth or as is required to meet the project objectives. The grouting contractor shall supply all equipment required to operate a compaction grouting system capable of supplying the specified grout at variable flow rates and pressures, measured at the pump, up to 700 psi and at rates of 0.5 to 5 cubic feet per minute, as required to suit the application. For Portland Cement grout, the mixer shall be a continuous auger type to ensure complete uniform mixing of the materials used and shall be of sufficient capacity to continuously provide the pumping unit with mixed grout at its normal pumping range. The mixer must be capable of volumetrically proportioning the grout materials. Ready mixed grout is also acceptable with an approved mix design. The grouting contractor shall provide gauges or other instrumentation or devices to measure: 1. Continuous grout pressure close to the top of the injection casing 2. Flow rate of grout. 3. Volume or grout injected. 4. Structure movement or ground heaving within 0.05 inch. An adequate communication system shall be maintained between the pumping and batching plant and the injection location. As an alternate, the contractor may furnish a remote control system to allow full control (start, stop, flow rate, reversing) of the pump directly by the grouting technical from the injection point. .!'\ "-~ -~ _! __ __. .<IIA-,JA'°' Grout pipes and connections shall be steel casing of adequate strength to maintain the hole and to withstand the required jacking and pumping pressures. The pipes shall be at least 1. 7 inches inside diameter in order to adequately handle Portland Cement grout without plugging. If high-density polyurethane is used, the injection tubes shall be 5/8" minimum diameter. All casing shall be flush joint threaded or a single piece tubing to provide a smooth inner wall and unobstructed inside diameter. It shall be the contractor's responsibility to install casing that does not detrimentally impact the grouting procedure. Pipes shall be installed such that grout material will not travel in the annular space between the pipe and adjacent ground and escape at the surface when pumped. 312-6.4.5 Materials. Compaction grout may consist of either Portland Cement grout or high-density polyurethane. 312-6.4.5.1 Portland Cement Grout Grout for compaction grouting shall consist of the following components: 1 . Portland Cement (ASTM C 150) 2. Fine aggregate shall be sand with a fines content (percent passing No. 200 sieve) of not less than 10 percent and not more than 30 percent. Natural fines may be supplemented with Fly Ash, a minimal amount of bentonite, or aggregate washings. Proportions of the mixture shall be as required to achieve a pumpable mix with not more than a 3-inch (75 mm) slump per ASTM C143. Upon discharge into the pump hopper or holding tank, the grout must be continuously agitated. Mixed grout may not be held in the agitator for more than 1.5 hours unless a set retarder, previously approved by the Engineer, is used. 312-6.4.5.2 Polyurethane If polyurethane is used for grout, material must be a closed cell, hydro-insensitive, high-density polyurethane (URETEK 486 or equivalent) and must have the values for the quality characteristics shown in the following table: Quality Characteristic Value Minimum free rise density 3.0 lbs/cf Minimum compressive strenqth 38.0 psi Maximum free rise density 3.2 lbs/cf Expansion 90% of strenqth within 15 minutes 312-6.4.6 Construction A 12. 75" high-pressure gas transmission line is buried behind the retaining walls. The Contractor shall contact Underground Service Alert (1-800-227-2600) at least two days prior to any excavation or grout compaction work around the retaining walls. All work within the railroad right-of-way shall be performed in accordance with the NCTD rules defined in these Supplemental Provisions. The compaction grouting shall be performed in accordance with the approved grout injection point layout scheme. Grout shall be injected at a stage depth until one of the following occurs: 1. Grout flow ceases at the header pressure reading defined in the work plan. 2. Surface ground heave of more than 0.1 inches is observed for the grout stage depth. 3. An injected grout volume equal to the percentage (defined in the work plan) of the soil volume being treated by that injection stage is reached. 4. A maximum cumulative heave of 0.2 inches is observed. l~ •+;' Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 139 of 143 As compaction grouting is completed at each location, the grouting contractor shall fill the grout hole to within two feet of the ground surface with grout. The upper two feet of the grout hole shall be backfilled with native soil. The grouting contractor shall monitor nearby structures as follows: 1. A level control system will be installed by the contractor for the railroad tracks and each structure within 30 feet of the grouting operations. 2. Monitoring shall be carried out on a continuing basis whenever compaction grouting is occurring within a horizontal distance equal to the depth of treatment. 3. After completion of the compaction grouting program, the monitoring system and grout pipes will be removed and all holes will be filled and patched. 4. The Contractor shall be responsible for repair of any damage to existing utilities and structures that results from displacement. The Engineer may elect to perform in situ soil testing (per ASTM 01586) to verify the effectiveness of the grouting. Acceptable criteria shall be a post-grouting average of corrected Standard Penetration (SPT) values exceeding 25 blows per foot within the specified soil zone. Testing locations shall be agreed upon between the grouting contractor and the Engineer. Averaging shall be with values above and below each value. 312-6.5 Measurement and Payment. The Contract lump sum price for Retaining Wall Rehabilitation as set forth in the Bid includes all the work involved in Retaining Wall Rehabilitation, complete in place, including installing drainage systems and constructing gutters behind the walls, repairing erosion damage, and performing compaction grouting as shown on the plans and as specified in the standard specifications and these special provisions, and as directed by the Engineer. SECTION 313 -TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section: 313-1.1 General. The Contractor shall supply and install temporary traffic pavement markers, channelizers, signing, railing (Type K), crash cushions and appurtenances at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way served by said final and temporary traffic pavement markers, signing, railing (Type K) and appurte- nances to public traffic. 313-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be in place for less than 30 days. Add the following section: 313-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm (3" x 12") in size. The reflective sheeting shall be visible at 300 m (1000') at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement. Channelizers shall be applied .... ••• only on a clean, dry surface. Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer. The channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved alignment. All layout work necessary to place the channelizers to the proper alignment shall be performed by the Contractor. If the channelizers are ~. displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 6-3.05E, "Certificates of Compliance," of the Caltrans Standard Specifications. Said certificate shall certify that the channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the Engineer and were manufactured in accordance with a quality control program approved by the Engineer. Add the following section: 313-2 TEMPORARY TRAFFIC SIGNING. Add the following section: 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS. Add the following section: 313-3.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand-filled crash cushions units as shown on the plans. 313-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K) shall be freshly coated with a white color paint prior to their first use on the project. The paint shall conform to the provisions in sections 210-1.5 "Paint Systems" and 310 "Painting". Contractor shall be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours. The Contractor shall replace or repaint units of Temporary railing (Type K) or shall remove graffiti, tire or vehicle marks, dirt or any and all materials such that said marks or discoloration mar the appearance of said units when ordered by the Engineer after the units are in place. Add the following section. 313-3.1.2 Manufacture of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be manufactured per CAL TRANS Standard Plans T3A and T3B. Concrete used to manufacture Temporary railing (Type K) shall conform to the provisions in sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures." Load tickets and a Certificate of Compliance will not be required. Reinforcing steel shall conform to the provisions sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures". Steel bars to receive bolts at ends of concrete panels shall conform to ASTM Designation: A 36/A 36M. The bolts shall conform to ASTM Designation: A 307. A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans. The bar shall conform to ASTM Designation: A 36/A 36M, shall have a minimum length of 660 mm (26") and shall have a 75 mm (3") diameter by 9 mm (3/a") thick plate welded on the upper l'\ •+' Revised 4/17/13 City of Carlsbad Project Nos. 6016 & 3557 Page 141 of 143 end with a 5-mm (3/15") fillet weld. The final surface finish of temporary railings (Type K) shall conform to the provisions in Section 303-1.9.2 "Ordinary Surface Finish." Exposed surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented curing compound method. The pigmented curing compound shall be type 2 curing compound. Temporary railing (Type K) may have the Contractor's name or logo on each panel. The name or logo shall not be more than 100 mm (4") in height and shall be located not more than 300 mm (12") above the bottom of the rail panel. Add the following section. 313-3.1.3 Installation of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be installed per CAL TRANS Standard Plans T3A and T3B. Temporary railing (Type K) shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing throughout the entire length of the railing. Abutting ends of precast concrete units shall be placed and maintained in alignment without substantial offset to each other. The precast concrete units shall be positioned straight on tangent alignment and on a true arc on curved alignment. Each rail unit placed within 3 m (1 O') of a traffic lane shall have a reflector installed on top of the rail as directed by the Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P marker panel conforming to the requirements of the California Manual on Uniform Traffic Control Devices (MUTCD) 2012 Edition shall also be installed at each end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of Section 206-7.2, "Temporary Traffic Signs". Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary railing shall be restored to its previous condition, or constructed to its planned condition. Add the following section: ~ 313-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall '.J be "Energite Ill" manufactured by Energy Absorption Systems, "Fitch Inertial Barrier System Modules" manufactured by Roadway Safety Service, or equal. Features required to determine equivalence of any other temporary sand-filled crash cushion units shall be approval of the system by CAL TRANS and that the temporary sand-filled crash cushion units meet NCHRP 350 standards. Other features will be suitability to application, operational characteristics, durability and other such characteristics that the Engineer shall determine. Temporary sand-filled crash cushions (TS FCC) shall be of the type and array configurations shown on plans, and installed at every end of, or gap in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of direction, is 4.6 m (15') or less to the end of the temporary railing (Type K) being considered. The TSFCC shall be installed per CAL TRANS Standard Drawings T1A, T1 B, and T2 for approach speeds no less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph), whichever is the greater. The TSFCC array shall be appropriate to the application as shown on said standard drawings. A Type J and/or P marker panel conforming to the requirements of the California Manual on Uniform Traffic Control Devices (MUTCD) 2012 Edition shall also be installed at each TSFCC array as shown in CAL TRANS Standard Drawings T1A, T1 B, and T2. Particular care shall be taken to assure that crash cushions are installed with the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF array shall be graded such that any vehicle diverging from the travelled way to strike the TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed from. Add the following section: 313-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary ~ channelizers, temporary signing, temporary railing (Type K), temporary crash cushions and temporary .....,,,, appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for traffic control and payment therefore shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing, if'\ ,,. .. ~ -• I .. , .. _, ... ,.. _r ___ l_l_ __ ll""\ ___ ~ __ _._ •• _ --.... -n r1r-r--..... _ ,,. .......... maintaining, and removing temporary traffic pavement markers, channelizers, signing, railing (Type K), crash cushions and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors marking them shall include "'-,...,· the· installation, grading for installation, grading for the approach path, maintenance, painting and re- painting, replacement of damaged units and removal and shall also be included in the lump-sum price bid for traffic control. Payment for installation and/or relocation of temporary railing (Type K) and crash cushions when not shown on the plans and requested by the Engineer shall be made per Section 3- 3, Extra Work, SSPWC. l'. •;;' Revised 4/17 /13 City of Carlsbad Project Nos. 6016 & 3557 Page 143 of 143 APPENDIX "A" RESIDENT NOTIFICATION EXAMPLE Dear resident: CITY OF CARLSBAD ROADWORK ABC CONTRACTORS OFFICE# (760)XXX-XXXX FIELD# (760)XXX-XXXX As a part of the City of Carlsbad's ongoing program to maintain its streets, your street will be resurfaced with a layer of asphalt concrete over the ex- isting roadway surface. This construction will require the closing of your street to through traffic tor one day. Your street, from XYZ St. to XYZ Ave. will be closed to through traffic and resurfaced on: MON. TUE. WED. THU. FRI. DATE: ________ _ from 7:00A.M. to 5:00 P.M. If you don't plan to leave your home by 7:00 A.M. on the above date please park your car on an adjacent street in your neighborhood that will not be resurfaced. Streets scheduled tor resurfacing can be determined by calling either the Contractor or the City of Carlsbad Engineering Inspec- tion Department. When walking to and from your car, remember not to walk on the newly overlaid street or you will have black residue on the bottom of your shoes. Please do not drive, walk on, walk pets, play, or skate on the newly overlaid asphalt. Also, please refrain from watering your lawns, washing cars, etc., approximately 6-8 hours after the asphalt is laid as running water will cause damage to the new surface. ABC is the Contractor that will be performing the resurfacing work for the city and you may call them at (760)XXX-XXXX if you have any questions regarding the project. Resur- facing of your street will not occur on the day your trash is collected. Mail delivery may be delayed if the postman cannot reach the mailbox that day. If you have a moving company scheduled for that day please call and in- form the Contractor of the date. If you have any concerns which cannot be addressed by the Contractor, you may call the City's Engineering Inspec- tion Department at 438-1161 x4323. Thank you for your cooperation as we work to make a better City of Carlsbad. APPENDIX "B" RELEVANT STANDARD DRAWINGS LL.I z :::J CD a:: => 6" (.) 1/2" R~~ .. . ,. '-~ · ... · .. 2" WEAKENED ...... :/. :, :.:: ... PLANE JOINT ~ -\ OC) ~~ 1 z:IE ~i \ '12 -!io \ GUTTER 1 \NF r----~~ ~ I~ ..- '.\:>~. Plfa .. • .. ,.•, : ··t-::·-; ::-. :r-tt\ 1. 14.5" .1 8" CURB AREA = 1.21 SQ. FT. LEGEND ON PLANS 8" CURB l.r .N. APPROVFn DATE CITY OF CARLSBAD J!h_ :i 7/4_ iJ~· 12/11 CITY ENGINEER MEDIAN CURB DATE SUPPLEMENTAL STANDARD NO. GS-18 6" 1/2" R w z ::::; (D 0::: ::::, u \ 2" WEAKENED PLANE JOINT 1" R ... . . ' .... " . ·• t < <D _______ w _________ ~ TYPE w *AREA G 24" 1.34 SQ. FT. H 30" 1.60 SQ FT. • 6" CURB FACE NOTES: 1. CONCRETE SHALL BE 52O-C-25OO. 2. SEE STANDARD DRAWINGS G-9 AND G-10 FOR JOINT DETAILS. 3. SLOPE TOP OF CURB 2% MAX TOWARD GUTTER. REVlSION BY APPROVED DA TE ORIGINAL KERCHEVAL 12/75 SAN DIEGO REGIONAL STANDARD DRAWING ADD METRIC T. STANTON D3/03 EFORMATTE T. STANTON 04/06 CURB AND GUTTER -COMBINED UPDATED MR MR/CJ 11 / 11 LEGEND ON PLANS RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE DRAWING NUMBER '1/Z6/ZOIZ DATE G-2 w z ::J co 0::: w ::, z <..> ::; s· 2" WEAKENED co PLANE JOINT a:: ::, <..> 4• TOP OF . PAVEMENT rY· ~! -, 'c-.a "to 1" R ··.,; ·. j ·) _,(·~ . ' . : -..:··= 4 I g" ' -1 8-1 AREA=0.79 SQ. FT. w z ::; f-3-1/2'' I 1/2" DIA. CONTINUOUS STEEL BAR 8-1/2" 2" WEAKENED 3" : I PLANE JOINT __._ ___ ql---1 /2" DIA. STEEL DOWELS @ 4' 0.C. MIN. LENGTH 8" (SEE NOTE 3) 8-3 AREA=0.29 SQ. FT. NOTES: 1. CONCRETE SHALL BE 520-C-2500. ' : .. ~,,J ,: . ... . :; ·~. _ ... - 2. SEE STANDARD DRAWINGS G-9 AND G-10 FOR JOINT DETAILS. 3 1/2" 3. EXTRUDED TYPE 8-3 CURB SHALL BE ANCHORED TO EXISTING PAVEMENT BY PLACING STEEL DOWELS AND REINFORCING STEEL AS SHOWN OR BY USING AN APPROVED ADHESIVE. 4. SLOPE TOP OF CURB 2% MAX TOWARD GUTTER/PAVEMENT. w z ::J a:: w ~ ::, (!I 15" 1/2" R 24" l-1/2" 8-2 AREA=1.29 SQ. FT. w z ::J CD a:: ::, <..> 3 1/2" 5" 12" APPLY APPROVED ADHESIVE TO BASE 8-4 AREA=0.35 SQ. FT. 2" WEAKENED PLANE JOINT 3/4" l TOP OF PAVEMENT LEGEND ON PLANS (FOR TYPE 8-2) (FOR ALL OTHER TYPES) ----- REV1SION BY APPROVED DA TE KERCHEVAL 12/75 SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE ORIGINAL ADO METRIC T. STANTON 03/03 EFORMATTE T. STANTON 04/06 CURBS AND GUTTER -MEDIANS UPDATED MR MR/CV 11/11 DRA'MNG NUMBER 7/Z6/ZOIZ DAlE G-6 VARIES 1/2'' R 1 -7 ,---___ / I / I L___ I ------_ _] 1/2" R WIDTH AS SHOWN ON PL.ANS 4" -2% MAX CROSS-SLOPE .·,:·~ ---------- 2" WEAKENED PLANE JOINT NON-CONTIGUOUS WIDTH AS SHOWN ON PLANS 4" -2% MAX CROSS-SLOPE , -7 .... •·· ~ ...... I . ·~~--:"'J'"-~-----------: I .. ·. . ._. .... I ,----_ _) I L NOTES: ----- CONTIGUOUS 2" WEAKENED PLANE JOINT 1/2" R 1/2" R 1. CONCRETE SHALL BE 520-C-2500. LEGEND ON PLANS 2. SEE STANDARD DRAWINGS G-9 AND G-10 FOR JOINT DETAILS. REv1S10N BY APPROVED DATE ORIGINAL KERCHEVAL 12/75 SAN DIEGO REGIONAL STANDARD DRAWING ADO METRIC T. STANTON 03/03 T. STANTON 04/06 SIDEWALK -TYPICAL SECTIONS UPDATED MR MR/CV 11 /11 DRA'MNG NUMBER 7/Z6/ZO/Z DATE G-7 MONOLITHIC CURB IF SPECIFlED OR REQUIRED 12" WIDE BORDER SEE DETAIL A STANDARD DRAWING G-32A Z 4'-0" Z l._A PLAN -lYPE A SIDEWALK CURB SIDEWALK MONOLITHIC CURB IF SPECIFIED OR REQUIRED :->-r------- __ _,.. __ ---,,.. ______ R / W SEE 1YPE B FACE OF CURB 12" WIDE BORDER z TRANSITION AA.EA FACE OF CURB LIP OF GUTTER 4° MIN l_A R LIP (TOE) OF GUTTER SEE DETAIL A STANDARD DRAWING G-32A PLAN -TYPE B X . :-. ·:: ·: .. : . :: :· .. : :· -; '. '.,'. ELEVATION NOTES: TOP OF CURB GUTTER FLOW LINE 1. SEE STANDAAD DRAWING G-32A FOR GENERAL NOTES. y 5% MAXIMUM GUTTER APRON SLOPE AT RAMP OPENING SEE DETAIL B STANDARD DRAWING G-32A 2. FOR TRUNCATED DOMES DETAILS, SEE STANDAAD DRAWING G-30. 3. Z SIDE SLOPE SHALL BE 10:1. SECTION A-A 4. LANDING CROSS SLOPE SHALL BE 2.0% MAX IN BOTH DIRECTIONS. 5. SEE STANDARD DRAWING G-328 FOR X, Y, ANO Z DETAILS. REVISION BY APPROVED DA TE ORIGINAL BAHMANIAN 04/86 ADD METRIC T. STANTON 03/03 UPDATE 0. DAVIES 12/04 REVISED T. STANTON 04/06 UPDATED MR MR/CV 03/12 SAN DIEGO REGIONAL STANDARD DRAWING CURB RAMP -TYPES A AND B (NEW CONSTRUCTION) RECOMMENDED BY ™E SAN DIEGO REGIONAL STANDARDS COMMITTEE DRA'MNG NUMBER 7/Z6IZOIZ DATE G-27 SECTION 6: ST REET SCA P E PROGRA M D. Median Landscape Construction Requirements (Arterial Roadways) 1. GENERAL REQUIREMENTS • Unless otherwise approved by the City, median improvements on public streets are considered to be public improvements. Therefore, construction drawings for median landscaping, irrigation, and concrete surfacing shall be submitted on separate sheets as part of t;he Public Improvement Plans, and shall be submitted to the Land Development Engineering Division. • The order of precedence with regard to landscaping standards for public improvements shall be: a) City of Carlsbad Landscape Manual. b) City of Carlsbad Engineering Standards, Latest version. c) Standard Specifications for Public Works Construction ("Green Book"), latest version. 2. MEDIAN CONCRETE • The median layout shall be in conformance with the Arterial Median Layout detail (Figure 6-A) unless approved otherwise by the Parks and Recreation Department. • Concrete color and pattern shall be as specified under Arterial Landscape Themes (Appendix D) unless approved otherwise by the Parks and Recreation Department. • Prior to installation, a 10 foot x 10 foot square sample shall be poured at the job site. This sample shall be approved by the City prior to installation of the median concrete. • • Concrete shall be a minimum of 560-C-3250 with 6 x 6 -10 x 10 welded wire mesh throughout Alternative median designs using Low Impact Development (LID) features may deviate from these standards, subject to approval by the City. MEDIAN TREE (1 OR MORE) -r 14' 18' 70' 50' ---------- .. SPACING TO ACHIEVE 100% COVERAGE WITHIN 1 YEAR ARTERIAL MEDIAN LAYOUT Figure 6-A 51 City of Carlsbad Landscape Manual APPENDIX "C" EXHIBIT 12-B CALTRANS LAPM Local As ce Procedures Manual Bidder's List of Subcontractors (DB.r..· EXHIBIT 12-B BIDDER'S LIST OF SUBCONTRACTORS (DBE AND NON-DBE) PARTI ~ibit 12-B .~on-DBE) The bidder shall list all subcontractors (both DBE and non-DBE) in accordance with Section 2-1.054 of the Standard Specifications and per T itle 49, Section 26.11 of the Code of Federal Regulacjons. This listing is required in addition to listing DBE Subcontractors elsewhere in the proposal. Photocopy this form for additional firms. Distribution: I) Original -Local Agency File DLA-OB 13-06 Local Agency Use Description of Portion of Work to be Performed I Q!!b: (Certified DBE?) nYES ___._•NO I == __ "'" ,._,.,... I -r YES Usr DBE. '-: __ ' B . ., UlllllVU Ag~'l!.'.!:~ LY~ - ___ _ ..... ,u. ... , .. v,, •YES ONO L....J 's'lV uuuivu !f_YES list D_B_E_#_._· -- I .. ., ,rnu,vu . I _ --~Age of Firm ("'jrs.) __ •YES ,uu,vu -•NO I ~ ~ '+'•V .. ~'.vu I I If YES list DBE#: 1 I ~ . ., 11uu,v11 I I Age of Firm Q'rs.) I • lllllllVll •YES [1NO I L....J , .., , v uu,.uvu I I If_Y,_ES list DBE#: J A!?e of Firm (Yrs.) Page 1 of 2 August 12, 2013 Local Assi e Procedures Manual hibit 12-B Bidder's List of Subcontractors (DBE\ Non-DBE) EXlllBIT 12-B BIDDER'S LIST OF SUBCONTRACTORS (DBE AND NON-DBE) PARTII The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional fi rms. Firm Name/ Phone/ Address/ Fax Citv, State, ZIP Name Phone Address Fax City State ZIP Name Phone Address Fax City State ZIP Name Phone Address Fax City State ZIP Name Phone Address Fax City State ZIP Distribution: I) Original -Local Agency File DLA-OB 13-06 Annual Gross Receipts Description of Portion of Work to be Performed < $1 million < $5 million < $10 million < $15 million > $15 million D < $1 million < $5 million <$10 million < $ l 5 million ·--> $15 million < $1 million < $5 million < $10 million < $15 million > $15 million < $1 million D < $5 million < $10 million < $15 million > $15 million Local Agency !Jse Qnly (Certified DBE?) I !YES QNO !(YES list DBE#: -----·-·--•·-" .. !-~ ofFirm (Yrs.) •YES ONO If__Y.§S list DBE#: '---------Aie of Fi~ (Yrs.) LJYES -•NO ,_ . -If YES list DBE#: - Af¾_e of Firm (Yrs.~ ---·-· nYEs -•NO .. .!f. YES list DBE#: Age of Firm (Yrs.) Page 2 of2 August 12, 2013 APPENDIX "D" CITY OF CARLSBAD STORM WATER WORKSHEETS «' ~ CI TY O F CARLSBAD PROJECT THREAT ASSESSMENT WORKSHEET FOR DETERMINATION OF CONSTRUCTION SWPPP TIER LEVEL E-32 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www .carlsbadca.gov Construction Project Storm Water Threat Assessment Criteria* SWPPP Tier Level Significant Threat Assessment Criteria D My project includes clearing, grading or other disturbances to the ground resulting in soil disturbance totaling one or more acres including any associated construction staging , equipment storage, stockpiling, pavement removal, refueling and maintenance areas; or, • My project is part of a phased development plan that will cumulatively result in soil disturbance totaling one or more acres including any associated construction staging, equipment storage, Tier 3 refueling and maintenance areas; or, • My project is located inside or within 200 feet of an environmentally sensitive area (see city ESA proximity map) and has a significant potential for contributing pollutants to nearby receiving waters by way of storm water runoff or non-storm water discharge(s). Moderate Threat Assessment Criteria My project does not meet any of the significant threat assessment criteria described above and meets one or more of the following criteria: • Project requires a grading plan pursuant to the Carlsbad Grading Ordinance (Chapter 15.16 of the Carlsbad Municipal Code); or, D Project will result in 2,500 square feet or more of soils disturbance including any associated construction staging, stockpiling, pavement removal, equipment storage, refueling and maintenance areas and project meets one or more of the additional following criteria: • located within 200 feet of an environmentally sensitive area or the Pacific Ocean; and/or, • disturbed area is located on a slope with a grade at or exceeding 5 horizontal to 1 vertical; and/or • disturbed area is located along or within 30 feet of a storm drain inlet, an open drainage channel or watercourse; and/or • construction will be initiated during the rainy season or will extend into the rainy season (Oct. 1 through April 30). Low Threat Assessment Criteria • My project does not meet any of the significant or moderate threat criteria, is not an exempt permit type (see city's list of permit types exempt from construction SWPPP requirements) and project meets one or more of the following criteria: • results in some soil disturbance; and/or • includes outdoor construction activities (such as roofing, saw cutting, equipment washing, material stockpiling, vehicle fueling, waste stockpiling) No Threat Project Assessment Criteria • My project is in a category of permit types exempt from city construction SWPPP requirements (see city's list of permit types exempt from construction SWPPP requirements) and/or does not meet any of the high, moderate or low threat criteria described above. Tier2 Tier 1 Exempt *The city engineer may authorize minor variances from the storm water threat assessment criteria in special circumstances where it can be shown that a lesser or higher construction SWPPP tier level is warranted in the opinion of the city engineer E-32 Page 1 of 1 REV 4/30/10 0 «~ ~ CITY OF CONSTRUCTION THREAT ASSESSMENT WORKSHEET FOR DETERMINATION OF PROJECT'S PERCEIVED THREAT TO STORM WATER QUALITY E-33 Development Services land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov CARLSBAD Construction Perceived SWPPP Tier Construction Threat Assessment Criteria* Threat to Storm Water Level Qualitv Tier 3 -High Construction Threat Assessment Criteria 0 Project site is 50 acres or more and grading will occur during the rainy season • Project site is 1 acre or more in size and is located within the Buena Vista or Agua Hedionda Lagoon watershed, inside or within 200 feet of an environmentally sensitive area (ESA) or discharges directly to an ESA High • Soil at site is moderately to highly erosive (defined as having a predominance of soils with Tier 3 USDA-NRCS Erosion factors kr greater than or equal to 0.4) • Site slope is 5 to 1 or steeper • Construction is initiated during the rainy season or will extend into the rainy season (Oct. 1 • through April 30). Owner/contractor received a Storm Water Notice of Violation within past two years Tier 3 -Medium Construction Threat Assessment Criteria Medium • All projects not meeting Tier 3 High Construction Threat Assessment Criteria Tier 2 High Construction Threat Assessment Criteria • Project is located within the Buena Vista or Agua Hedionda Lagoon watershed, inside or within 200 feet of an environmentally sensitive area (ESA) or discharges directly to an ESA • Soil at site is moderately to highly erosive (defined as having a predominance of soils with USDA-NRCS Erosion factors k1 greater than or equal to 0.4) High • Site slope is 5 to 1 or steeper Tier 2 • Construction is initiated during the rainy season or will extend into the rainy season (Oct. 1 through April 30). • Owner/contractor received a Storm Water Notice of Violation within past two years • Site results in one half acre or more of soil disturbance Tier 2 -Medium Construction Threat Assessment Criteria Medium • All projects not meeting Tier 2 High Construction Threat Assessment Criteria Tier 1 -Medium lns12ection Threat Assessment Criteria • Project is located within the Buena Vista or Agua Hedionda Lagoon watershed, within or directly adjacent to an environmentally sensitive area (ESA) or discharges directly to an ESA • Soil at site is moderately to highly erosive (defined as having a predominance of soils with USDA-NRCS Erosion factors k1 greater than or equal to 0.4) Medium • Site slope is 5 to 1 or steeper Tier 1 • Construction is initiated during the rainy season or will extend into the rainy season (Oct. 1 through April 30). • Owner/contractor received a Storm Water Notice of Violation within past two years • Site results in one half acre or more of soil disturbance Tier 1 -Low lns12ection Threat Assessment Criteria Low D All projects not meeting Tier 1 Medium Construction Threat Assessment Criteria Exempt -Not Applicable -Exempt *The city engineer may authorize minor variances from the construction threat assessment cntena in special circumstances where it can be shown that a lesser or higher amount of storm water compliance inspection is warranted in the opinion of the city engineer E-33 Page 1 of 1 REV 4/30/10 «~ ~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2) at www.carlsbadca.gov/standards. Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits for the project. Please start by completing Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. STEP1 TO BE COIIPLETED FOR ALL PROJECTS To determine if your project is a priority development project, please answer the following questions: YES NO 1. Is your project LIMITED TO constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: (1) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-erodible permeable areas; OR (2) designed and constructed to be hydraulically disconnected from paved streets or roads; OR (3) designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets auidance? 2. Is your project LIMITED TO retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in accordance with the USEPA Green Streets guidance? If you answered "yes" to one or more of the above questions, then your project is NOT a priority development project and therefore is NOT subject to the storm water criteria required for priority development projects. Go to step 4, mark the last box stating "my project does not meet PDP requirements" and complete appllcant information. If vou answered "no" to both questions, then ao to Step 2. E-34 Page 1 of 3 Effective 6/27/13 /4:t ~~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov STEP 2 TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS To determine if your project is a priority development project, please answer the following questions: YES 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, and public development projects on oublic or orivate land. 2. Is your project creating or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or more of impervious surface? This includes commercial, industrial, residential mixed-use, and oublic development projects on public or orivate land. 3. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumotion. 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside development project includes development on any natural slope that is twenty-five percent or greater. 5. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot. A parking lot is a land area or facility for the temoorarv oarkina or storaae of motor vehicles used oersonallv for business or for commerce. 6. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a street, road, highway freeway or driveway? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcvcles, and other vehicles. 7. Is your project a new or redevelopment project that creates or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes now that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the oroiect to the ESA (i.e. not comminales with nows from adiacent lands).• 8. Is your project a new development that supports an automotive repair shop? An automotive repair shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development that supports a retail gasoline outlet (RGO)? This category includes RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 1 oo or more vehicles ner dav. 10. ls your project a new or redevelopment project that results in the disturbance of one or more acres of land and are expected to generate pollutants post construction? 11. ls your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? NO If you answered "yes" to one or more of the above questions, you ARE a priority development project and are therefore subject to implementing structural Best Management Practices (BMP's) in addition to implementing Standard Storm Water Requirements such as source control and low impact development BMP's. A Storm Water Management Plan (SWMP) must be submitted with your application(s) for development. Go to step 3 for redevelopment projects. For new projects, go to step 4 at the end of this questionnaire, check the "my project meets PDP requirements" box and complete applicant information. If you answered "no" to all of the above questions, you ARE NOT a priority development project and are therefore subject to implementing only Standard Storm Water Requirements such as source control and low impact development BMP's required for all development projects. A Storm Water Management Plan (SWMP) is not required with your application(s) for development. Go to step 4 at the end of this questionnaire, check the "my project does not meet PDP requirements" box and complete applicant information. E-34 Page 2 of 3 Effective 6/27 /13 «~ ~ C I TY O F CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 STEP3 Development Services land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPEMENT PROJECTS ONLY Complete the questions below regarding your redevelooment oroiect: YES Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than I I 50% of the surface area of the oreviouslv existina develooment? If you answered "yes," the structural BMP's required for Priority Development Projects apply only to the creation or replacement of impervious surface and not the entire development. Go to step 4, check the "my project meets PDP requirements" box and complete applicant information. NO If you answered "no," the structural BM P's required for Priority Development Projects apply to the entire development. Goto step 4, check the "mv project meets PDP requirements" box and complete aoolicant Information. STEP4 CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION 0 My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application. I understand flow control (hydromodification) requirements may apply to my project. Refer to SUSMP for details. 0 My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As part of these requirements, I will incorporate low impact development strategies throughout my project. Applicant Information and Signature Box Address: Accessors Parcel Number(s): Applicant Name: Applicant Title: Applicant Signature: Date: This Box for City Use Only City Concurrence: I YES I NO I I By: Date: Project ID: • Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their quivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. E-34 Page 3 of 3 Effective 6/27 /13