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Home My WebLink AboutHazard Construction Company; 2003-09-24; 3667-5DOC # 2005-01 57658 Recording requested by: CITY OF CARLSBAD I llllllll11111111111111111111111 Ill11 11111111111111111111lllll11111111 1 FEB25,2005 3:07 PM When recorded mail to: 1 ) City Clerk 1 City of Carlsbad 1 1200 Carlsbad Village Dr. 1 OFFICIAL RECORDS SbN DIEGO COCINTY RECORDEH'S OFFICE GREGORY J SMITH, COUNTY RECORDER FEES u Du PAGES 1 Carlsbad, CA 92008 1 NOTICE OF COMPLETION Notice is hereby given that: 1. 2. 3. 4. 5. 6. 7. The undersigned is owner of the interest or estate stated below in the property hereinafter described. The full name of the undersigned is City of Carlsbad, a municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. The nature of the title of the undersigned is: In fee. A work of improvement on the property hereinafter described was completed on November 22, 2004. The name of the contractor for such work of improvement is Hazard Construction. The property on which the work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as the construction of the Pavement Overlay of Palomar Airport Road, El Camino Real, and Paseo Del Norte, Project NO. 3667-5. CITY OF CARLSBAD GLENN PRUlM Deputy Public Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, , 2005, accepted the California, 92008. The City Council of said City on February 15th 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 February 16th ,2005, at Carlsbad, California. CITY OF CAR~BAD AB 17,976 February 15, 2005 TABLE OF CONTENTS Notice Inviting Bids .................................................... .......................................................... .......... Contractor‘s Proposal .... . . .... ... . . .... . .. .. . .. .. .. .. . , . ... ... ... ....... .... . ....... . .... . ... . ..... .. .............. ...... . ..... .. ..... .. Equal Em ployment Opportunity Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Contract Code .................................................................................................................... Debarment and Suspension Certification ..................................................................................... Nonlobbying Certification for Federal-Aid Contracts .................................................................... Disclosure of Lobbying Activities .................................................................................................. City of Carlsbad Bidder - DBE - Information ............................................................................... Bid Security Form ........................................................................................................................... Bidder’s Bond To Accompany Proposal ................................................................................ ....... Federal Lobbying Restrictions ................................................... ................................................... Disadvantaged Business Enterprise .... .. ... . ..... . . ... ..... ..... ....... . .... .. .. ..... .. . . ... .. . .. .. .. .... . . .. ........ . .. ... . ... Guide For Completing the “Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items” Form ..................................................................................................................... Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items ......................... ....... Bidder’s Statement Of Financial Responsibility ............................................................................ Bidder‘s Statement Of Technical Ability And Experience ...... ................................................ ....... Bidder’s Certificate Of Insurance For General Liability, Employers’ Liability, Automotive Liability And Workers’ Compensation .......................................................................................... Bidder’s Statement Re Debarment ........................... ................................. ............................ ....... Bidder’s Disclosure Of Discipline Record . . . . . . .. . .. . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . ... ...................... Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid .............................. Contract Public Works .................................................................................................................. Labor And Materials Bond ........ ..... . ... ...... . ..... .. . .. ...... . ... . .... ... . ... ..: ......................................... ........ Faithful PerformanceNVarranty Bond ........................................................................................... Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ...................................... 6 10 15 16 18 19 20 23 28 29 31 32 33 35 36 37 38 39 40 42 43 49 51 53 @ DBE04/22/02 Contract No. 3667-5 Page 2 of 143 ~ -- .__ . _- SUPPLEMENTAL PROVISIONS . -.- .. Part 1 GENERAL PROVISIONS Section 1 1-1 Terms .................................................................................................................... 56 1-2 Definitions ............................................................................................................. 56 1-3 Abbreviations ........................................................................................................ 57 . Terms. Definitions Abbreviations And Symbols Section 2 Scope And Control Of The Work Subcontracts ......................................................................................................... 2-3 58 2-4 Contract Bonds ..................................................................................................... 58 2-5 Plans And Specifications ...................................................................................... 59 Surveying .............................................................................................................. 2-9 61 2-1 0 Authority Of Board And Engineer ......................................................................... 65 Section 3 ... 3-2 3-3 3-4 3-5 Section 4 -. 4-1 - 4-2 Changes In Work 66 Extra Work ............................................................................................................ 66 Disputed Work ...................................................................................................... 67 Changes Initiated by the Agency .......................................................................... Changed Conditions ............................................................................................. 66 Control Of Materials Materials And Workmanship ................................................................................. 70 70 Materials Transportation. Handling and Storage .................................................. _- . I Section 5 Utilities 5-4 Relocation ............................................................................................................. 71 5-6 Cooperation ........................................................................................................... 71 Section 6 6-2 Prosecution Of Work ............................................................................................. 76 6-6 Delays And Extensions Of Time ........................................................................... 77 6-7 Time of Completion ............................................................................................... 77 6-8 Completion And Acceptance ................................................................................ 78 I 5- 1 Location ................................................................................................................. 71 Prosecution, Progress And Acceptance Of The Work 6-1 Construction Schedule And Commencement Of Work ........................................ 72 6-9 Liquidated Damages ............................................................................................. 78 Section 7 7-3 7-4 7-5 7-7 7-8 7-1 0 7-1 3 7-1 5 7-1 6 7-1 7 7-1 8 7-1 9 7-20 . . 7-21 7-22 7-23 7-24 7-25 I Responsibilities Of The Contractor Liability Insurance ................................................................................................. Permits .................................................................................................................. Cooperation and Collateral Work ......................................................................... Project Site Maintenance ...................................................................................... Public Convenience And Safety ........................................................................... Laws To Be Observed .......................................................................................... Prevailing Wage .................................................................................................... Public Safety ......................................................................................................... Year 2000 Compliance ......................................................................................... Buy America Requirements .................................................................................. Removal of Asbestos and Hazardous Substances .............................................. Subcontractor and DBE Records ......................................................................... DBE Certification Status ....................................................................................... Performance of DBE Subcontractors and Suppliers ............................................ Subcontracting ...................................................................................................... Prompt Progress Payment .................................................................................... Prompt Payment of Withheld Funds to Subcontractors ....................................... Workers' Compensation Insurance ...................................................................... 78 78 78 79 79 79 84 84 84 86 86 86 87 87 87 88 88 88 . DBE04/22/02 Contract No . 3667-5 Page 3 of 143 ___ .__ Section 9 Measurement and Payment 9- 1 9-3 Section 1 0 Measurement Of Quantities For Unit Price Work ................................................. 88 Payment ................................................................................................................ 88 Federal Requirements for Federal-Aid Construction Projects ............................. 91 Required Contract Provisions for Federal-Aid Construction Contracts ................ 93 Part 2 CONSTRUCTION MATERIALS Section 200 Rock Materials 200-2 Untreated Base Materials ..................................................................................... 106 - L -- Section 201 201 -1 Portland Cement Concrete .................................................................................. 107 Concrete, Mortar And Related Materials Section 203 Bituminous Materials 203-1 1 203-6 Asphalt Concrete .................................................................................................. 109 203-1 3 Asphalt Pavement Crack Sealants ....................................................................... 1 10 Asphalt Rubber Hot Mix (ARHM) Wet Process .................................................... 1 10 Section 206 Miscellaneous Metal Items 206-7 Traffic Signs .......................................................................................................... 111 206-8 Light Gage Steel Tubing And Connectors ............................................................ 1 14 206-9 Portable Changeable Message Sign .................................................................... 1 15 Section 209 209-1 General .................................................................................................................. 1 16 Signals, Lighting And Electrical Systems 209-2 Materials And Installation ...................................................................................... 120 209-5 Detectors ............................................................................................................... 121 209-8 Payment ................................................................................................................ 126 Section 21 0 21 0-1 Paint ...................................................................................................................... 127 Paint And Protective Coatings Section 21 3 Engineering Fabrics 21 3-2 Geosynthetics ....................................................................................................... 127 21 3-3 Erosion Control Specialties ................................................................................... 128 Section 21 4 Pavement Markers 21 4-5 Reflective Pavement Markers ............................................................................... 128 - Contract No. 3667-5 Page 4 of 143 __ ~- e DBE04/22/02 Part 3 Section 300 300-1 300-2 300-3 300-4 Section 301 Section 302 301 -1 302-5 302-1 1 Section 306 306-1 Section 31 0 31 0-5 31 0-7 Section 312 31 2-1 Section 31 3 31 3-1 31 3-2 31 3-3 31 3-4 CONSTRUCTION METHODS Earthwork Clearing And Grubbing ........................................................................................ Unclassified Excavation ........................................................................................ Structure Excavation And Backfill ......................................................................... Unclassified Fill ..................................................................................................... Treated Soil, Subgrade Preparation And Placement Of Base Materials Roadway Surfacing Asphalt Concrete Pavement ................................................................................. Asphalt Pavement Repairs And Remediation ...................................................... Subgrade Preparation ........................................................................................... Underground Conduit Construction Open Trench Operations ...................................................................................... Painting Painting Various Surfaces ................................................................................... Permanent Signing ............................................................................................... Pavement Marker Placement And Removal Placement ............................................................................................................. Temporary Traffic Control Devices Temporary Traffic Pavement Markers .................................................................. Temporary Traffic Signing ................................................................................... Measurement And Payment ................................................................................. Temporary Railing (Type K) And Crash Cushions .............................................. APPENDIX A - RESIDENT NOTIFICATION EXAMPLE APPENDIX B - FEDERAL WAGE RATES DBE04/22/02 Contract No. 3667-5 130 130 130 131 131 131 1 32 134 137 139 139 139 140 141 1 42 Page 5 of 143 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS -- Until 4:OO PM on June 17, 2003, 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: Overlay and roadway repairs. I PAVEMENT OVERLAY OF PALOMAR AIRPORT ROAD, EL CAMINO REAL, AND PASEO DEL NORTE CONTRACT NO. 3667-5 - 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. I- _I The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include the Standard Specifications for Public Works Construction, 2000 Edition, and supplements thereto, all hereinafter designated “SSPWC as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. - - - r- The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder’s security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. ew ’4 DBE 04/22/02 Contract No. 3667-5 Page 6 of 143 . .- r The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: 1. 2. 3. 4. 5. 6. 7. Contractor's Proposal Bidder's Bond Non-Collusion Affidavit Designation of Subcontractors and Amount of Subcontractor Bid Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work Bidder's Statement of Financial Responsibility 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. 1O.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 $2,650,000. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. 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. The following classifications are acceptable for this contract: A, C12, C32. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted wjth the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-731 4, for a non-refundable fee of $25 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. @ DBE04/22/02 Contract No. 3667-5 Page 7 of 143 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 41 07 and 41 07.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A pre-bid meeting and tour of the project site will not be held. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extensiQn of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. - All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. - Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($1 0,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 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. c - - - I 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. -- c DBE04/22/02 Contract No. 3667-5 Page 8 of 143 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. ..e -. Auto policies offered to meet the specification of fhis contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. -_ - Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. - - -_ - -- Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2003-105, adopted on the 22"d day of April, 2003. Date Deputy City Clerk - I e DBE04/22/02 Contract No. 3667-5 Page 9 of 143 c _- CITY OF CARLSBAD PAVEMENT OVERLAY OF PALOMAR AIRPORT ROAD, EL CAMINO REAL, AND PASEO DEL NORTE CONTRACT NO. 3667-5 ,-- CONTRACTOR'S PROPOSAL c City Council City of Carlsbad - 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3667-5 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: -- -- 6- Item - No. 1 2 3 4 5 -- - .- DescriDtion Approximate Quantity Unit and Unit Price Total c Mobilization/Demobilization at 1 LS /D~poo.- /oo, 000. ow *k.txd *d Public Notification of Work t 1 LS 3, OOOF 3,006 7 I Dollars (Lump Sum) M€w-t2bud t Dollars (Lump Sum) Traffic Control and Traffic Control Plans 1 LS 60,000,' do,p~o~.' at ~Jk3 Dollars (Lump Sum) Crack Fill and Seal at Dollars per Linear Foot Remove Thermoplastic Pavement 1LS 3;/00.- 7,ioo.- r3 Stvm k dPIEcU Markings at Dollars (Lump Sum) DBE04/22/02 Contract No. 3667-5 Page 10 of 143 .- Item - No. Approximate Quantity Unit Description and Unit - Price Total 6 Asphalt Rubber Hot Mix 23,568 TONS $;tC%J asll Dollars Der Ton 3sr 7 AC Cold Milling 5' Width a 41,735 LF / 0s Y3, 82(. - 0- L u U pie UW+~ Dollars per Linear Foot 8 AC Cold Milling 10' Width at 8,845LF 1. * I2,3%3.' 6- Ooj\w A k~ $hi , f& Dollars per Linear foot 9 Full Depth Asphalt Concrete Patch at 17,445 SF - 6 c 1 Dollars per Square Foot Two-Inch AC Grind and Patch at 10 I Dollars per Square Foot 45,qLc-t. E" 50 5. - 90 80,333 SF 0. - / IOOCY 39. 3Jgc- 53 EA 11 Remove and Dispose of Unsuitable Material and Replace with Aggregate Base at Dollars per Cubic Yard TK-Xrw &he, 12 Geotextile Fabric at 2,000 SF I,' ~,OOO.--- 13 Full Raise of Sewer & Stormdrain 3LID*/ /B,OZO.' -fAPee W4h-A +Of4 14 Full Raise to Grade of Valve Boxes, 207 EA 230.- L/3;L10. *d $ L30hd&, 'r.y 15 Remove, Replace, and Adjust to Grade 23 EA 330.- OA- Dollars per Square Foot Manholes at Dollars Each Mo ument Boxes, etc., at Dollars Each Damaged Valve Boxes, Monument Boxes, etc., at Dollars Each 03 TkW4 *r- ** -- - 16 Traffic 29 EA Dollars Each DBE 04/22/02 Contract No. 3667-5 Page 11 of 143 Approximate Quantity Unit Description and Unit Price Video Detection System for Four-Way Intersection at 9EAp 2 8,000~ A ^. Item - No. 17 18 19 20 21 22 23 24 25 26 Dollars Each Blue Fire Hydrant Markers at fi6NmAcd d -r Ud F cm sach d Temporary Pavement Markers at Dollars (Lump Sum) Paint Yellow Median Noses at r;v+.d T\rrwkbJ 200 LF 0- De\ hrd Fc. %- 30 EA f;l.300.' 1 LS OS \, - / 210 Dollars per Linear Foot 0. z9 14,732 LF 47,485 LF Paint 4" White Lane Line per Caltrans Detail 9 at Dollars per Linear Foot Paint 4" White Lane Line per Caltrans Detail 12 at TGtwM ('& s q; 497.- 0. =3 Dollars per Linear Foot 55" / 0. - 66. 120 LF Paint 4" Yellow Turn Lane Line per Caltrans Detail 19 at W4.q : i3G <a& 5 Dollars per Linear Foot Paint 4" Double-Yellow Centerline Der 0 5'3.3. f- 1,042 LF 1,230 LF Caltrans Detail 22 at 6;- & w$ I Dollars per Linear Foot Paint 4" Double-Yellow Painted Median Dollars per Linear Foot Paint 4" Double-Yellow Two-Wav 45 2,370 LF 0. - x- Le -Turn Lane Caltrans Detail 32 at &/*! Give €2%*3 Dollars per Linear Foot a DBE04/22/02 Contract No. 3667-5 Page 12 of 143 -. Item - No. DescriDtion 27 ./- Paint 8" White Lane Drop Line per Caltrans Detail 37B at - fie&./ I&&U-lrS I Dollars per Linear Foot Paint 8" White Channelizing Line per Caltrans Detail 38 at 28 &<wf co (YW 5 1 Approximate Quantity Unit YO 6,801 LF 0, yo z 920. - ?6 Ll 414. - 22 Dollars per Linear Foot 29,158 LF 0. - 29 Paint 6" White Bike Lane Line Der I Caltrans Detail 39 at +GW +LdD -5 22 58 Dollars per Linear Foot Line per Caltrans Detail 39A at Dollars per Linear Foot 30 Paint 6" White Bike Lane Intersection 3,889 LF 0. - 8SS. - - +a- +uo @uL4 5 I &' - 1, 05 31 Paint 12" White Line (or Yellow) at 180 LF D\h& D&\[W/ & -3 C;dC Dollars per Linear Foot b! 591. =z2- 32 Thermoplastic 12" White Line (or Yellow) 4,708 LF at 0- 3L\k -3 6546 CPAGkS Dollars Der Linear Foot 33 Thermoplastic "BIKE LANE" Pavement Legend and Arrow at Dollars Each Pavement Legend at Dollars Each (Types 1,4, and ) at Dollars Each SDRSD G-7 at Dollars per Square Foot F\b w 34 Thermoplastic "SIGNAL AHEAD" 28 EA 32s. qip0 .- klcc/ we3 ~r.3-f Fie/ 6;6S5, - / 35 Thermoplastic Caltrans Pavement Arrow 121 EA d; t+f Cj,- 36 Remove and Replace PCC Sidewalk per 2,552 SF B 4 @- z(, h9t 7 tiwd ULU:, A ITFM faJs DBE04/22/02 Contract No. 3667-5 Page 13 of 143 Item - No. 37 -. Approximate Quantity Unit DescriDtion and Unit - Price - Total 3% 39 40 - 41 42 43 44 45 - 46 Dollars per Square Foot Remove and Replace PCC Driveway Approach per SDRSD at Dollars per Square Foot TAirhe- /(, goo 7 c Remove and Replace PCC Curb and 275 LF 40. Gutter per SDRSD G-2 at I *&I/ / Dollars per Linear Foot Remove and Dispose of Existing AC and AB at 6; bHTee Dollars per Cubic Yard c- -c Aggregate Base at 1,210 TONS 1 8. z/; 380. E: ca Y.t-e- Dollars per Ton z 4#. ne6 .- 4 Conventional Asphalt Concrete at 486 TONS so. Fie&/ Dollars per Ton Standard Drawing G-5 at Dollars per Linear Foot 2,665. - SO 61 - AC Dike Type B per San Diego Regional 410 LF *<;K &\\&~5d 6rcy b--+S Sawcut at TdO Dollars per Linear Foot 12" Wide, 2" Deep AC Grind and * Dollars per Linear Foot Coordinate with Caltrans and Replace 330.- / 365 LF 2. 130 LF ( 0. - I, 300.' 2 EA Dollars Each 4w \# DBE 04/22/02 Addendum NO. 2 to Contract No. 3667-5 Paae 14 of I43 Approximate -. Item Quantity Unit - No. DeSCriDtiOn and Unit - Price - Total 2,DOO.-- 47 Striping and Pavement Markings on LS .c Sheet 13 at 2,m 0 +do JAAW r 1 09 -, Total amount of bid in numbers: $ 2, 356, 6 ?q Price(s) given above are firm for 90 days after date of bid opening. hadhave been received and idare included in this The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do contractor within the State f California, validly licensed under which expires on at this statement is true an correct and has the legal effect of Addendum(a) proposal. No(s). - I- second or third lowest bidder and the bid security of the lowest bidder may be forfeited. +--- , classification an amdavirl I A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City 5 7028.1 5(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code 5 201 04. OPENED, WITNESSED AND RECORDED: 4= \# DEE 04/22/02 Addendum No. 2 to Contract No. 3667-5 Page 14A of 143 License Detail Page 1 of 2 FI California Home Tuesdav. Julv 01.2003 Description GENERAL ENGINEERING CONTRACTOR IKICONSTRUCTION ZONE TRAFFIC CONTROL License Detail CALIFORNIA CONTRACTORS STATE LICENSE BOARD ICertl ml Contractor License #I 750542 A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: CSLB complaint disclosure is restricted by law (B&P 71 24.6). If this entity is subject to public complaint disclosure, an icon will appear below. Click on the icon to obtain additional complaint information. Per B&P 7071.17, only construction related civil judgments known to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 07/01/2003 Description HOME IMPROVEMENT CERTIFICATION * * * Business Information * * * HAZARD CONSTRUCTION COMPANY POST OFFICE BOX 229000 SAN DIEGO, CA 92192 Business Phone Number: (858) 587-3600 Entity: Corporation Issue Date: 06/10/1998 Expire Date: 06/30/2004 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * * * * Certifications * * * 7/1/2003 License Detail Page 2 of 2 * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 206827201 in the amount of $7,500 with the bonding company TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA. Effective Date: 06/02/2001 Contractor's Bondina History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) ROBERT DAVID RANDAL certified that he/she owns 10 percent or more of the voting stocWequity of the corporation. A bond of qualifying individual is not required. Effective Date: 09/12/2001 * * * Workers Compensation Information * * * This license has workers compensation insurance with the Policy Number: WC824841304 Effective Date: 03/01/2003 Expire Date: 03/01/2004 ZURICH AMERICAN INSURANCE COMPANY (4581 -5) Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request Q 2002 State of California. Gray Davis, Governor. Conditions of Use Privacv Policy 7/1/2003 Personnel List Page 1 of 1 California Home Tuesday, July 01,2003 Personnel List CALIFORNIA CONTRACTORS STATE LICENSE BOARD Contractor License # 750542 Click on the person's name to see a more detailed page of information on that person. Name THOMAS JOHN MASTERSON THOMAS DOUGLAS SHADDOX BRUCE RYDER HAZARD ROBERT DAVID RANDAL WILLIAM SAMUJ ROGERS CHARLES FARNUM WHITE I Title Association Date TREASURER 06/10/1998 08/30/2000 VICE PRESIDENT DECEASED 06/10/1998 RMO/P 06/10/1998 06/10/1998 06/10/1998 VICE PRESIDENT VICE PRESIDENT License Number ___ Reqttett Contractor Name Request Disassociation Class More Date Class 06/08/2001 A More A More Personnel Name Request Salesperson Request Salesperson Name Request 8 2002 State of California. Gray Davis, Governor. Conditions of Use Privacy Policy 7/112003 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION WRD COCJSTRUCTK)N COLM)ANY The I proposed subcontractor , hereby certifies that he has d, has not -, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11 114, 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) (l)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. e DBE04/22/02 Contract No. 3667-5 Page 15 of 143 PUBLIC CONTRACT CODE *..- c 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 -9 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 1 101 , with any public entity, as defined in Public Contract Code Section 1 100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 101 62, 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? If the answer is yes, explain the circumstances in the following space. DBE04/22/02 Contract No. 3667-5 Page 16 of 143 e ....... 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. DBE04/22/02 Contract No. 3667-5 Page 17 of 143 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. c 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. -- - _- a DBE04/22/02 Contract No. 3667-5 Page 18 of 143 NON LOBBYING CERTl Fl CAT1 ON 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 modifica- tion 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 file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $1 00,000 for each such failure. - entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to _- _. .- 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 $1 00,000 and that all such subrecipients shall certify and disclose accordingly. P e a DBE04/22/02 Contract No. 3667-5 Page 19 of 143 DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 Type of Federal Action: 2. Status of Federal Action: 3. ReportType: a. initial b. material change For Material Change On1 year __ quarter date of last report 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: a. bid/offer/application b. initial award c. post-award d. loan e. loan guarantee f. loan insurance Name and Address of Reporting Entity 4. HAZARD C0NSTRUCTK)N CoMpM P.O. bd SAN G c- 1, L:,\ 9jw (850) 527-*d FAX (858) 4538091 w. 75U544w 0 Prime WJ D&%W 1 , if known ' i ' i Congressional District, if knoyn Congressional District, if known 6. Federal DepartmentIAgedy: ' 7. Federal Program NamelDescription: CFDA Number, if applicable I 8. Federal Action Number, if known: 9. Award Amount, if knoyn: 10. 11. 12. 14. 15. a. Name and Address of Lbbby Entity (If individual, last name, first name, MI) b. lndlviduals Performing Services (including address if different from No. loa) (last name, first name, MI 44' (attach Continuation Sheet(s) if necessary) Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ KQw 0 Actual nplanned Form of Payment (check all that a. cash E b. in-kind; specify: nature a. b. d. e f. C. retainer one-time fee commission contingent fee deferred other, specify Brief Description of Services Performed or to be performed and Date(s) of Service, Including officer@), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuatib Sheet@) if necessary) Continuation Sheet(s) attached: 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying Signature: reliance was placed by the tier above when his transaction was made or entered into. This disclosure is Print Name: w*s* R0(6RdMc- PRES* - 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 $1 0,000 and not more than $100,000 for each such failure. Date: 7- fw@ ? Federal Use Only: Standard Form LLL Rev. 09-12-97 Authorized for Local Reproduction Standard Form - LLL 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. 2. 3. 4. 5. 6. 7. a. 9. 10. 11. 12. 13. - 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. Identify the status of the covered Federal action. 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. 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. 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. 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. 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. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001 .I' 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. (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 influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 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. 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. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. a DBE04/22/02 Contract No. 3667-5 Page 21 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, print hidher 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, Reduction Project (0348-0046), Washington, D.C. 20503. ..- - including suggestions for reducing this burden, to the Office of Management and Budget, Papework -_ 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 101 62, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 81 03 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). a DBE04/22/02 Contract No. 3667-5 Page 22 of 143 c CITY OF CARLSBAD BIDDER - DBE - INFORMATION This information may be submitted with your bid proposal. If it is not, and you are the apparent low bidder or the second or third low bidder, it must be submitted and received as specified in Section 2-1.02B of the Caltrans Standard Special Provisions. Failure to submit the required DBE information will be grounds for finding the proposal nonresponsive. C0.-RTE.-K.P.: CONTRACT NO.: BID AMOUNT: $ BID OPENING DATE: BIDDER'S NAME: DBE GOAL FROM CONTRACT: DNTRACTOR CERTIFICATION DBE PRIME CONTRACT ITEM NO. ITEM OF WORK AND DESCRIPTION OR SERVICES AATERIALS TO BE PROVIDED ro BE SUBCONTRACTED OR 2 DBE CERT. NO. IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Copies of the DBE quotes are required. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above shall be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid pursuant to the Subcontractors Listing Law and Section 2-1.01, "General," of the Special Provisions. 1. DBE prime contractors shall enter their DBE certification number. DBE prime contractors shall indicate all work to be performed by DBEs including work performed by its own forces. 2. If 100% of item is not to be performed or furnished by DBE, describe exact portion of item to be performed or furnished by DBE. 3. See Section 2-1.02, "Disadvantaged Business Enterprise," to determine the credit allowed for DBE firms. a DBE04/22/02 Contract No. 3667-5 NAME OF DBEs (Must be certified on the date bids are opened - nclude DBE address and phone number) Total Claimed Participation DOLLAR AMOUNT DBE ' 6 % Signature of Bidder Date (Area Code) Tel. No. Person to Contact (Please Type or Print) >T Bidder - DBE Information (Rev 09-28-9s Page 23 of 143 DBE INFORMATION-GOOD FAITH EFFORTS Federal-aid Project No. The City of Carlsbad established a Disadvantaged Business Enterprise (DBE) goal of % for this project. The information provided herein shows that adequate good faith efforts were made. Bid Opening Date A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of Date of lnital Follow Up DBEs Solicited Solicitation Methods and Dates C. The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Breakdown of Items D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, and the firms selected for that work (please attach copies of quotes from the firms involved): Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: DBE04/22/02 Contract No. 3667-5 Page 24 of 143 I. Names, addresses and phone numbers of firms selected for the work above: 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, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.). Name of Method/Date of Results Agency/Organization Contact H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): DBE04/22/02 Contract No. 3667-5 Page 25 of 143 -- 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 C B/@es m @ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. . .- The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is 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. I complete. I IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business I (Street and Number) City and State (4) Zip Code Telephone No. IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. DBE04/22/02 Contract No. 3667-5 Page 26 of 143 I IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted I h%ZAf?D CONSTRUCTION WMPAN (2) r: &x Impress Corporate Seal here (3) Incorporated under the laws of the State of d&d /waf2% (4) Place of Business UA7ARD City and State (5) Zip Code Telephone No. (Street and Number) 6465 MARiNDUSTRY DRNE P.O. BOA 229000 L NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE AlTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: a DBE04/22/02 Contract No. 3667-5 Page 27 of 143 _- State of California County of San Diego On July 1, 2003 before me, Kimberly A. Devine, Notary Public, personally appeared R. D. Randal, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. I I - State of California County of San Diego On July 1, 2003 before me, Kimberly A. Devine, Notary Public, personally appeared W.S. Rogers, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ? BID SECURITY FORM (Check to Accompany Bid) PAVEMENT OVERLAY OF PALOMAR AIRPORT ROAD, EL CAMINO REAL, AND PASEO DEL NORTE CONTRACT NO. 3667-5 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ )I this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. - -- - - BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) c a DBE04/22/02 Contract No. 3667-5 Page 28 of 143 t kc t B 'I t B D- ic BIDDER'S BOND TO ACCOMPANY PROPOSAL PAVEMENT OVERLAY OF PALOMAR AIRPORT ROAD, EL CAMINO REAL, AND PASEO DEL NORTE CONTRACT NO. 3667-5 KNOW ALL PERSONS BY THESE PRESENTS: as Surety are held and firmly bound unto the City of Carlsb$#pkj ivoyj 8pount as follows: (must be at least ten percent (10%) of the bid amount) for which payment, well and truly made, we bind ourselves, om administrators, successors or assigns, jointly and severally, firmly by these presents. 0 THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal ,for: PAVEMENT OVERLAY OF PALOMAR AIRPORT ROAD, EL CAMINO REAL, AND PASEO DEL NORTE CONTRACT NO. 3667-5 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. D8EWl22fQ2 COntrad NO. 3667-5 Page29 of 143 I In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this /PIk day of ~o,P- ,2003 . PRl NCl PAL: WRD CONSTRUCTION COMPANY 16 day l0-n Executed by SURETY this SURETY of .-,, 20rr5. t E f W (print name here) TRAVELERS CASUALW AND SURETY COMP4WC)F bWBtr?A- (name of Surety) t I t (Title and Organization of Signatory) By: ww I (print name here) (title and organization of signatory) 0. 1WEN I (printed name of Attornky-in-Fact) pc (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) E E APPROVED AS TO FORM: RONALD R. BALL P City Attorney E Contract No. 3667-5 Page 3Oof 143 (i State of California County of San Diego On July 1, 2003 before me, Kimberly A. Devine, Notary Public, personally appeared W.S. Rogers, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Q State of California County of San Diego On July 1, 2003 before me, Kimberly A. Devine, Notary Public, personally appeared R. D. Randal, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. i ': ,.a. .,, .i - State of California County of San Diego On June 10, 2003 before me, Kimberly A. Devine, Notary Public, personally appeared Jack G. Lupien, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. _- I - IN mss WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AhlEmc~, TRAVI~LE~ U&TY AND SURETY COMPANY and FARMTNGTON CASUALTY COMPAM! have caused this instnunent to by their Senior Vice President and their corporate seals to be hereto affixed this 6th day of March 2003. STATE OF CON"lc~ }SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AM) SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SORETY COMPANY FARMINGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this 6th day of March, 2003 before me personally came GEORGE W. THOMPSON to.me known, who, being by me duly sworn, did depose and say: that hdshe is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrummc that hdshe knows the seals of said bpotations; that the seals affixed to the said instrument are such corporate seals; and that hdshe executed the said instrument on behalf of the corporations by authority of hidher office under the Standing Resolutions thereof. My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned., Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY .OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTP COMPANY, stock corporations of the State of ConneCticu~ DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authorily remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, asset forth in the cemficate of Authority, are now in force. Signed and Sealed at the Home Of€ice of the Company, in the City of Hartford, State of Connecticut. Dated this 10 t #y of June , 2003. Kori M. Johanson Assistant Secretary, Bond TRAVELERS CASUALTY AND SURETY COMPANY 0FAMERIC.A mvE~RscmALTYANDs[TRETYcoMPANY FARMINGTON CA!XJALTY COMPANY Hartford, Comkht 06183-9062 e POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPAN~, corpOrations duly organized under the laws of the Slate of Connecticut, and having their principal offices in the City of Hartford, county of Hartlord, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Jack G. Lupien, Dale G. Harshaw, Debra J. Niemeyer, Tar8 Bacon, of San Diego, California, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at @ny place with the United States, the following instrument(s): by hidher sole s@alure and act, any and all bonds, recognizances, contracts of indemnity, and other Writings obligatoxy in the nature of a bond, recognizanCt, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fuiiv and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pvsuant to the authority herein given, are hereby ratifjed and confumed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full farce and ef€W VOTED: That the Ch&man, the President, any Vice Chiman, qy Executive Vice President, any Senior Vice President any Vice pmidens my Scumd Vice President, the Tnasurer, any ksistant Treasurer, the Corporate Secretary or my Assistaut Secretary may appoint Attomeys-m-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certi6cat.e of authority may pmi to sign with the Company's name and seal with the Company's seal bonds, recogniZances, contracts of indemnity, and other Writings obligatory in the nature of a bond, recopniumCe, or conditional unddalkg, and any of said officers or the Board of Directors at my time may remove any such appointee and revoke the powa given him 01 her. VOTED: That the chairman, tbe President, any Vice Chainaan, any Exeative Vice President, any Senior Vice Mdtnt or any Vice Resident may delegate all or any part of the foregoing authority to one or more officm or employees of this Company, provklcd that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recom, or conditional undeStating shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Smior Vice Resident or any Vice President, any Second Vice Resident, the Treasurer, any Assistant Treasurer, the Coqx~~~te Sexetary or any Assistaut Secretary and duly attested and sealed with the Company's seal by a Senetary or Assistant Secretary, or @) duly cxecutcd (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and CeMicate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of DirectoB of TRAVE&ERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMWGTON CASUALTY COMPANY, which Resolution is now in full force and deck. t_ & 7 VOTED: That the signature of each of the following officers: President, any Executive Vi& President, any Senior Via President, any Vice President, any Assistant Vice PrCSikt, any Secretary, any Assistaut Secretary, and the seal of the Company may be fied by facsimile to any pow of attarney or to any catifcatc relating thereto app0bti.q Resident Vice Residents, Resident Assistant Secret&s or AttorneySb-Fact for' purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of ahcy or catifcate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powa so executed and catif& by such facsimile signature and facsimile seal shall be valid and bindug upon the Company in the kture with respact to any bond M un- to which it is attached. Company Profile ' Page 1 of 2 L' Company Profile In TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA C/O TRAVELERSAETNA PROP & CAS CO ONE TOWER SQUARE HARTFORD, CT 06183 800-392-5494 Former Names for Company Effective Date: 07-01-1997 AETNA CASUALTY & SURETY COMPANY OF Old Name: AMERICA Agent for Service of Process JAM BURKS, 21688 GATEWAY CENTER DRIVE 3RD FLOOR DIAMOND BAR, CA 91765 Unable to Locate the Anent for Service of Process? c Reference Information NAIC #: 31 194 NAIC Group #: 3321 Date authorized in California: License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CONNECTICUT California Company ID #: 2444-8 July 31, 1981 c L Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY http://cdinswww.insurance.ca.gov/~1s/wu_co~prof/idb_co~prof_utl.get~co_prof?p_EID=6182 7/1/2003 Company Profile Page2of2 CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data ComDosite Complaint Studies Want More? HelD Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - May 21,2003 10:24 AM Copyright Q California Department of Insurance Disclaimer h ttp ://c di n s w w w . insurance .c a. g ov/pl s/w u-co-prof/i db-co-pro f-u t I. g e t_co_prof?p_EID=6 1 82 7/ 1 /2003 BIDDER'S BOND TO ACCOMPANY PROPOSAL PAVEMENT OVERLAY OF PALOMAR AIRPORT ROAD, EL CAMINO REAL, AND PASEO DEL NORTE CONTRACT NO. 3667-5 KNOW ALL PERSONS BY THESE PRESENTS: as Surety are held and firmly bound unto the City of Carlsba,&$p~&~ ayount as follows: (must be at least ten percent (10%) of the bid amount) for which payment, well and truly made, we bind ourselves, 0- 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: - L PAVEMENT OVERLAY OF PALOMAR AIRPORT ROAD, EL CAMINO REAL, AND PASEO DEL NORTE CONTRACT NO. 3667-5 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. DBE04/22/02 Contract No. 3667-5 Page 29 of 143 -_ In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. - - Executed by PRINCIPAL this /Pa day of ,2003 . PRINCIPAL: HAZARD CONSTRUCTION COMPANY 4 (print name here) / (Title and Organization of Signatory) (print name here) (title and organization of signatory) day Executed by SURETY this /pl of -y\4 ,20-. SURETY: TFiAVElERS CASUALN AN0 SURETY COMP4hN OF 4are:areA (name of Surety) 9325~~ PACK CS. *'LZ~,Z- 8- v' CA '~ZW (address of'Su rety) I (printed name of Attorndy-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney @ DBE04/22/02 Contract No. 3667-5 Page 30 of 143 State of California - County of San Diego On July 1, 2003 before me, Kimberly A. Devine, Notary Public, personally appeared W.S. Rogers, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. -_ State of California - County of San Diego On July 1, 2003 before me, Kimberly A. Devine, Notary Public, personally appeared R. D. Randal, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. c - State of California County of San Diego On June 10, 2003 before me, Kimberly A. Devine, Notary Public, personally appeared Jack G. Lupien, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. .. IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF MRICA, TRAVELERS r 'QUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be L ..ed by their Senior Vice President and their corporate seals to be hereto &ed this 6th day of March 2003. STATE OF CONNECTICUT )SS. Hartford COUNTY OF HARTFORD TRAVEURS CASUALTY AND mTY COMPANY OF AMI&RICA TRAWLERS CASUALTYAND SURETY COMPANY FARMINGTON CASUALTY COMPANY BY George W. Thompson Senior Vice President On this 6th day of March, 2003 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that hdshe is Senior Vice President of TRAWLERS CASUAL,TY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that hdshe knows the .seals of said i;orporationS; that the seals afFued to the said instrument are such corporate seals; and that heishe executed the said instrument on behalf of the corporations by authority of hidher office under the Standing Resolutions thereof. My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALfi COMPANY, stock corporations of the State of Connectimt, Do HEREBY CERTIFY that the foregoing and attached Power of Attorney and cemficate of Authority remains in full force and has not been wok&, and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home office of the Company, in the City of Word, State of Connecticut. Dated this 1 0 t l-@y of June 2003. Kori M. Johanson Assistant Secretary, Bond TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRA~~cAsuALTYANDsuRETYcoMPANY FMU"GT0N CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERIC& TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of connecticUt, and having their principal aces in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Jack G. Lupien, Dale G. Harshaw, Debra J. Niemeyer, Tarn Bacon, of San Diego, California, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at py place within the United States, the following instxument(s): by hidher sole signature and act, any and all bonds, recognizances, contracts of indemni~, and other writings obligatory in the nature of a bond, rtcognizance, or conditional undertaking and any and all consents incident them and to bind the Companies, thereby as fuliy and to the same extent as ifthe same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect VOTED the Chfkrmn, the President, any Vice Chairman, qy Executive Vice -dent, any Smiar Vice Presikt, any Vice Resident, any Second Vice President, the Tnasura, any Assistant Treafllm. the Corparate Swetary or Assistant Senetary my mint AttorneyS-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bands, recognizanCes, conkacts of indannity, and othez Writings obligatory in the nature of a bond, recopniumcce, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chahman, any Executive Vice President, any Sdor Vice hident or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Campy, provided tbat each such delegation is in writing and a copy thereof is filed in the office of the Secretay. - VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional underhkhg shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Seaetaxy or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretq or Assistant Secretary, or @) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and CeMicate of Authority is signed and sealed by facsimile (mechanical or printed) nuder and by authority of the following Standing Resolution voted by the Boards of Director3 of TRAVEYRS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and deck VOTED: That the signature of each of the following officers: Widen4 any Executive Vi& President, any Senior Vi& prcrident, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretmy, and the seal of the Company may be affixed by facsimile to any pow of attorney or to any cntificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-m-Fact for purposes only of executing and attesting bonds and undertalun * gs and other writings obligatory in the nature thered, and any such power of amey or dcate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certifikd by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached (1 1 -00 Standud) Company Profile Page 1 of 2 Company Profile n TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA C/O TRAVELERWAETNA PROP & CAS CO ONE TOWER SQUARE HARTFORD, CT 06183 800-392-5494 Former Names for Company Effective Date: 07-01-1997 AETNA CASUALTY & SURETY COMPANY OF Old Name: AMERICA Agent for Service of Process JAM[ BURKS, 21688 GATEWAY CENTER DRIVE 3RD FLOOR DIAMOND BAR, CA 91765 Unable to Locate the Agent for Service of Process? - Reference Information NAIC #: 31194 NAIC Group #: 3321 Date authorized in California: Company Type: Property & Casualty State of Domicile: CONNECTICUT California Company ID #: 2444- 8 July 3 1, 198 1 License Status: UNLIMITED-NORMAL Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY , BURGLARY COMMON CARRIER LIABILITY http: //cdinsw w w . insurance. ca. gov/pl s/wu~co~prof/idb~co~prof~u tl .ge t_co_prof?p_EID=6 1 82 7/ 112003 Company Profile Page 2 of 2 CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Ratinn Organizations Last Revised - May 21,2003 1024 AM Copyright Q California Department of Insurance Disclaimer http://cdinswww .insurance .ca.gov/pls/wu~co~prof/idb~co~prof~utl .get_co_prof?p_EID=6 1 82 7/ 1/2003 I_ _- 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 $1 00,000. 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. - - - I a DBE04/22/02 Contract No. 3667-5 Page 31 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. It is the policy of the City that disadvantaged business enterprises (DBEs), as defined in Part26, Title 49 CFR, shall be encouraged to participate in the performance of Contracts financed in whole or in part with Federal Funds. The Contractor should ensure that DBEs, as defined in Part26, Title 49 CFR, have the opportunity to participate in the performance of this Contract and shall take all necessary and reasonable steps, as set forth in Part 26, Title 49 CFR, for this assurance. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. Failure to carry out the requirements of this paragraph shall constitute a breach of Contract and may result in termination of this Contract or other remedy the City may deem appropriate. Bidders shall be fully informed respecting the requirements of the Regulations and are urged to obtain DBE participation in this project, although there is no specific goal for DBE participation. 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 httD://www.dot.ca.qov/hq/bep to verify the current availability of this service. DBE04/22/02 Contract No. 3667-5 Page 32 of 143 L - -- GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS" REFERENCES Prior to preparation of the following Subcontractor 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. 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 who the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California 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 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. All items of information must be completely filled out. These forms must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. Neither the amount, in dollars, of work performed by the Bidder's own forces (as Contractor) nor the Bidder's overhead and profit for subcontracted items of the work is included to compute the percentage of the work performed by Subcontractors. When the Bidder proposes that any bid item will be installed by a Subcontractor, the amount, in dollars, of the bid item installed by each Subcontractor must be entered under the columns "Amount of Subcontracted Bid Item Including Subcontractor's Overhead & Profit" unless the dollar amount of all work performed by any Subcontractor 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 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 installs to compute the amount of work so installed. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor, or the Subcontractor, as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. I - c a DBE04/22/02 Contract No. 3667-5 Page 33 of 143 The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets) shall be entered in the "Bid Item No." column. When a Subcontractor 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. - c I 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 to construct or install less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of subcontractor forms as applicable. The explanation sheet shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. - - I Determination of the subcontract amounts for purposes of award of the contract shall determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. DBE04/22/02 Contract No. 3667-5 Page 34 of 143 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS PAVEMENT OVERLAY OF PALOMAR AIRPORT ROAD, EL CAMINO REAL, AND PASEO DEL NORTE CONTRACT NO. 3667-5 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder’s total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($lO,OOO), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR’S BID ITEMS and Subcontractor’s License *Pursuant to section 41 04 (a)(2)(A) California Public Contract Code, receipt of the information followed by an asterisk (Portion of Work, Contractor’s License Number and Amount of Work by Subcontractor in Dollars) may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.” DBE 04/22/02 Contract No. 3667-5 Page 35 of 143 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) PAVEMENT OVERLAY OF PALOMAR AIRPORT ROAD, EL CAMINO REAL, AND PASEO DEL NORTE CONTRACT NO. 3667-5 Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. DBE04/22/02 Contract No. 3667-5 Page 36 of 143 .r c Hazard Construction - Company Financial Sfafemenfs as of December 37, 2002 and Independent Auditors’ Report F Deloitte &Touche LLP Suite 1900 701 “BStreet San Diego,California 92101-8198 Tek(619) 232-6500 e--- Fax:(619) 237-1755 www.deloitte.com F INDEPENDENT AUDITORS’ REPORT Board of Directors Hazard Construction Company Deloitte &Touche We have audited the accompanying balance sheet of Hazard Construction Company (a California corporation) (the “Company”) as of December 3 1,2002 and the related statements of income, stockholders’ equity and cash flows for the year then ended. These financial statements are the responsibility of the Company’s management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. ’+ - In our opinion, such financial statements present fairly, in all material respects, the financial position of Hazard Construction Company as of December 3 1,2002 and the results of its operations and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States April 18,2003 Carlsbad Costa Mesa LasVegas Los Angeles Phoenix Reno Deloitte Touche Tohmatsu #- HAZARD CONSTRUCTION COMPANY r BALANCE SHEET DECEMBER 31,2002 P- ASSETS c c ,”- CURRENT ASSETS: Cash and cash equivalents Accounts receivable, including retentions of $6,268,965 Costs and estimated earnings in excess of billings on uncompleted contracts Materials and supplies inventories Prepaid expenses and other $ 1,521,152 15,390,985 133 1,306 100,93 1 378.502 Total current assets PROPERTY, PLANT AND EQUIPMENT-Net TOTAL LIABILITIES AND STOCKHOLDERS’ EQUITY (P +- CURRENT LIABILITIES: Current portion of long-term debt Accounts and subcontracts payable, including retentions on subcontracts Billings in excess of costs and estimated earnings on uncompleted contracts Accrued expenses and other of $2,849,85 1 Total current liabilities LONG-TERM DEBT-Net of current portion 18,922,876 2,28 1,16 1 $2 1,204,037 $ 388,828 14,411,439 1,889,120 655,441 17,344,828 542.489 Total liabilities 17.887,3 17 COMMITMENTS AND CONTINGENCIES (Note 9) /- STOCKHOLDERS’ EQUITY: Common stock, no par value-10,000 shares authorized, 2,000 shares issued and outstanding Retained earnings Total stockholders’ equity TOTAL P ,- 100,000 3,216,720 3,316,720 $2 1,204,037 See notes to financial statements. -2- r c c c HAZARD CONSTRUCTION COMPANY STATEMENT OF INCOME YEAR ENDED DECEMBER 31,2002 CONTRACT REVENUES DIRECT CONTRACT COSTS PROFIT BEFORE INDIRECT CONTRACT COSTS INDIRECT CONTRACT COSTS GROSS PROFIT GENERAL AND ADMINISTRATIVE EXPENSES OTHER INCOME INCOME BEFORE PROVISION FOR INCOME TAXES PROVISION FOR INCOME TAXES NET INCOME P c See notes to financial statements. c -3- $ 93,863,310 (87,308,570) 6,554,740 (935,487) 5,6 19,253 (3,555,440) 54,8 12 2,118,625 (33,885) $ 2,084,740 L HAZARD CONSTRUCTION COMPANY r STATEMENT OF STOCKHOLDERS’ EQUITY YEAR ENDED DECEMBER 31,2002 c- /- BALANCE, January 1,2002 Dividends Net income BALANCE, December 3 1,2002 See notes to financial statements. Common Stock Retained Shares Amount Earnings Total 2,000 $ 100,000 $ 4,312,375 $ 4,412,375 (3,180,395) (3,180,395) 2,084,740 2,084,740 2,000 $100,000 $ 3,216,720 $ 3,316,720 -4- HAZARD CONSTRUCTION COMPANY ,f- STATEMENT OF CASH FLOWS - YEAR ENDED DECEMBER 31,2002 CASH FLOWS FROM OPERATING ACTIVITIES: Net income Adjustments to reconcile net income to net cash provided by operating activities: Gain on sale of property, plant and equipment Depreciation Changes in assets and liabilities: Accounts receivable Costs and estimated earnings in excess of billings on uncompleted contracts Materials and supplies inventories Prepaid expenses and other Accounts and subcontracts payable Accrued expenses and other Billings in excess of costs and estimated earnings on uncompleted contracts !$ 2,084,740 (12,157) 999,877 (3,500,7 1 1) 410,649 (15,636) 30,522 2,889,829 78,5 12 1.560.452 c Net cash provided by operating activities 4,526,077 CASH FLOWS FROM INVESTING ACTIVITIES: Proceeds from sale of property, plant and equipment Purchases of property, plant and equipment P 15,000 (1,096,227) c Net cash used in investing activities (1,08 1,227) ."- CASH FLOWS FROM FINANCING ACTIVITIES: Borrowings on long-term debt Payments on long-term debt Dividends Net cash used in financing activities NET INCREASE IN CASH AND CASH EQUIVALENTS CASH AND CASH EQUIVALENTS: Beginning of year End of year SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for: Interest 1,6 19,483 (1,360,445) (3,180,395) (2,92 1,357) 523,493 997,659 $ 1,521,152 !$ 218,338 Income taxes $ 36,785 See notes to financial statements. P-r -5- HAZARD CONSTRUCTION COMPANY F NOTES TO FINANCIAL STATEMENTS + YEARS ENDED DECEMBER 31,2002 1. ORGANIZATION AND LINE OF BUSINESS c .- c Hazard Construction Company (“Hazard” or the “Company”) was incorporated in California on May 15, 1998 and began operations on July 1, 1998 after acquiring substantially all construction related assets and liabilities from R.E. Hazard Contracting Company (“REH’), a related party under common control. Hazard is an engineering company specializing in project management, grading and paving roadwork. The Company builds bridges and over-passes, and provides comprehensive packages for roadwork, sitework and concrete structures. These services are provided to private enterprises, governmental agencies and individuals. 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Cash and Cash Equivalents-Cash and cash equivalents include highly liquid short-term investments with original maturities of three months or less. Cash equivalents are stated at cost, which approximates market value. Accounts Receivable-Accounts receivable include retentions of $6,268,965 which are generally payable by customers on final acceptance and are expected to be collectable within one year. Management believes all amounts are fully collectible and therefore has provided no allowance for doubtful accounts. Materials and Supplies Inventories-Materials and supplies inventories are stated at the lower of cost or market value using the first-in, first-out method. Property, Plant and Equipment-Property, plant and equipment is stated at historical cost. Depreciation is computed principally using accelerated methods over the estimated useful lives of the related assets. Estimated useful lives range between three and seven years. Maintenance and repairs are charged to expense as incurred, and the costs of additions and betterments that increase the useful lives of related assets are capitalized. Long-Lived Assets-The Company reviews its long-lived assets for impairment whenever events or changes in circumstances indicate that the carrying amount of an asset may not be recoverable. If the sum of future undiscounted cash flows expected to result from the use of the asset and its eventual disposition is less than the carrying amount of the asset, an impairment loss is recognized. In the opinion of management, there have been no events or changes in circumstances that indicate impairment of the Company’s long-lived assets. Accounts and Subcontracts Payable-Accounts and subcontracts payable include retentions of approximately $2,849,85 1 which are expected to be released to vendors within one year. Income Taxes-Hazard has elected under Section 1372(a) of the Internal Revenue Code to be taxed as a “Small Business Corporation” for federal income tax purposes. In accordance with federal provisions, corporate earnings flow through and are taxed as if earned by the individual stockholders. Additionally, -6- .- c c ,- Hazard has elected to be taxed as an “S” Corporation for California income tax purposes. Under California provisions, corporate earnings are assessed at a surtax rate of 1.5%, and corporate earnings flow through and are taxed as if earned by the individual stockholders. Revenue Recognition-Contract revenue is recorded using the percentage of completion method on a cost-to-cost basis. Revenue recognition commences when contract progress reaches a point where experience is sufficient to estimate final results with reasonable accuracy. Contract costs include all direct material and labor costs, and those indirect costs related to contract performance. If a loss is projected on a contract, the entire estimated loss is charged to operations during the period that the loss becomes determinable. Use ofEstimates-The preparation of financial statements in conformity with accounting principles generally accepted in the United States requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. Recent Accounting Pronouncements-In August 200 1, Financial Accounting Standards Board issued Statement of Financial Accounting Standards (“SFAS”) No. 144, Accounting for the Impairment or Disposal of Long-Lived Assets. SFAS No. 144 addresses financial accounting and reporting for the impairment or disposal of long-lived assets. SFAS No. 144 supersedes SFAS No. 121, Accounting for the Impairment of Long-Lived Assets and for Long-Lived Assets to Be Disposed Of; and the accounting and reporting provisions of Accounting Principles Board (“APB”) Opinion No. 30, Reporting the Results of Operations-Reporting the Effects of Disposal of a Segment of a Business, and Extraordinary, Unusual and Infrequently Occurring Events and Transactions, for the disposal of a segment of a business (as previously defined in that Opinion). The provisions of SFAS No. 144 are effective for financial statements issued for fiscal years beginning after December 15, 200 1 , with early application encouraged, and generally are to be applied prospectively. The adoption of SFAS No. 144 did not have a material impact on the Company’s financial position or results of its operations. In November 2002, the FASB issued Interpretation No. 45, Guarantor’s Accounting and Disclosure Requirements for Guarantees, Including Indirect Guarantees of Indebtedness of Others (“FIN 45”). FIN No. 45 is an interpretation of SEAS Nos. 5, 57 and 107 and rescission of FASB Interpretation No. 34. This interpretation elaborates on the disclosures to be made by a guarantor in its interim and annual financial statements about its obligations under certain guarantees that it has issued. FIN No. 45 also clarifies that a guarantor is required to recognize, at the inception of a guarantee, a liability for the fair value of the obligation undertaken in issuing the guarantee. This interpretation also incorporates, without change, the guidance in FASB Interpretation No. 34, Disclosures of Indirect Guarantees of Indebtedness of Others, which is being superceded. The Company does not believe that the adoption of FIN 45 will have a significant impact on its financial statements. -7- c 3. UNCOMPLETED CONTRACTS Billings and costs related to uncompleted contracts consist of the following at December 3 1,2002: Expenditures on uncompleted contracts Estimated earnings Less billings applicable thereto c $102,953,188 8,068,255 11 1,021,443 1 1 1,379,257 $ (357,814) Billings and costs related to uncompleted contracts are reflected in the accompanying balance sheet at December 3 1 , 2002 as follows: Costs and estimated earnings in excess of billings on uncompleted contracts Billings in excess of costs and estimated earnings on uncompleted contracts $ 1,531,306 (1,889,120) $ (357.814) 4. PROPERTY, PLANT AND EQUIPMENT Property, plant and equipment consist of the following at December 3 1,2002: Motor vehicles Contracting equipment Office furniture and equipment Less accumulated depreciation 5. DEBT Debt consists of the following at December 3 1,2002: $ 2,541,093 2,324,035 244,890 5,110,018 (2,82 8,8 5 7) $ 2,281,161 Notes payable secured by equipment bearing interest between 7% and 9.15% at December 31,2002, interest payable monthly; monthly installments of $33,711 from January 2003 through September 2003, monthly installments of $28,478 from October 2003 through July 2004, monthly installments of $23,243 from August 2004 through February 2005, monthly installments of $17,556 from March 2005 through August 2005, monthly installments of $10,037 from September 2005 through March 2006, and a monthly installment of $4,842 due April 2006 $ 931,317 Less current portion (388,828) $ 542,489 Principal maturities are $315,561 in 2004, $191,968 in 2005 and $34,960 in 2006. -8- 6. LINE OF CREDIT The Company has a $1,000,000 (increased to $2,000,000 on March 1 1,2003) unsecured revolving line of credit with a bank bearing interest at prime plus 1% (5.25% at December 3 1, 2002), expiring during June 2003. The line of credit contains both financial and nonfinancial covenants as defined in the agreement. As of December 3 1 , 2002, no borrowings were outstanding under the line of credit. /"" - 7. STOCKHOLDERS' EQUITY Common Stuck and Buy-Sell Agreement-The Company's authorized share capital consists of one class of common stock. All stockholders of the Company have entered into a buy-sell agreement which restricts the transferability of the Company's common stock to the Company or other existing stockholders upon the occurrence of certain events. The buy-sell price upon any such transfer will be calculated on a formula basis as defined in the agreement. Company Formation-On July 1, 1998, Hazard was established by acquiring net assets with a book value of $742,535 from R.E. Hazard Contracting Company for a total purchase price of $3,242,535, as evidenced by a 7% unsecured note payable. The difference of $2,500,000 between the net book value of assets acquired and the face value of the note represents negotiated goodwill in the acquisition. In accordance with the related party provisions of accounting principles generally accepted in the United States, the $2,500,000 negotiated goodwill and an offsetting balance in the note payable have been netted in stockholders' equity. Principal payments in excess of $742,535 are treated as reductions of stockholders' equity for the Company. Principal maturities under the note pertaining to the $2,500,000 reflected as a component of stockholders' equity are as follows: $3 15,863 in 2003; $338,696 in 2004; $363,181 in 2005; $389,437 in 2006; $417,587 in 2007 and $258,605 thereafter. Interest expense related to the note payable to REH totaled $1 55,406 in 2002. 8. DEFINED CONTRIBUTION PLAN The Company has a 401(k) retirement savings plan available to substantially all of its nonunion employees. Under the plan, eligible nonunion employees may elect to defer a portion of their salary on a pre-tax basis as contributions to the plan subject to certain limitations. The Company may elect to make discretionary contributions based on a percentage of participants' contributions, subject to certain limitations. During 2002, the Company contributed $171,696 to the Plan. 9. COMMITMENTS AND CONTINGENCIES operating Leases-Future minimum lease payments under operating leases at December 3 1 , 2002 are as follows: Year Ending December 31 2003 2004 2005 2006 2007 Thereafter $ 407,718 372,674 355,492 336,5 13 32932 1 156,384 Total $1,958,302 -9- The Company leases its facilities from REH under operating leases expiring on July 1,2008. Lease expense for leases with REH in fiscal 2002 totaled $260,640. Related future minimum rents receivable at December 3 1,2002 totaled $1,694,160. Litigation-The Company is subject to certain pending and threatened claims and litigation arising in the normal course of business. In the opinion of management, based in part upon management’s consultation with legal counsel, the ultimate outcome of such claims and litigation will not have a material adverse impact on the Company’s financial position or results of operations. Investment in DVRG-In 2000, Hazard entered into a Memorandum of Understanding whereby Hazard committed to loan $500,000 to the Diamond Valley Recreation Group, LLC (“DVRG”), an unrelated developer. Simultaneously with the execution of the Memorandum of Understanding, Hazard was issued membership certificates evidencing a total of two and one-half (2-1/2) percent ownership of DVRG, an unrelated developer. During 2002, the relationship was dissolved. At the date the relationship was dissolved, the Company had approximately $6 1,000 in loans outstanding to DVRG. The Company wrote off the entire amount to bad debt in 2002. 10. BUSINESS AND CREDIT CONCENTRATION During 2002, 34% of the Company’s revenues were derived from contracts with state and other governmental agencies. At December 3 1,2002, 16% of the Company’s trade receivables were due from these agencies. ... ****** - 10- BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE Date Contract Name and Address Completed of the Employer (To Accompany Proposal) Name and Phone Amount to Contract Work Contract No. of Person Type of of PAVEMENT OVERLAY OF PALOMAR AIRPORT ROAD, EL CAMINO REAL, AND PASEO DEL NORTE CONTRACT NO. 3667-5 The Bidder is required to state what work of a similar character to that incluuc .,I the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge hidher responsibility, experience and skill. An attachment can be used. a DBE04/22/02 Contract No. 3667-5 Page 37 of 143 REFERENCE LIST 1. Project Name: Mesa Verde Estates, Owner: Owners Rep.: Paul Metcalf Contract Price: $6,300,806.37 Completion: 04/02 Mesa Verde-Del Mar L.P, c/o Johnson Communities 3830 Valley Center Drive San Diego, CA 92130 - Phone No.: (858) 793-1 545 2. Project Name: The Plaza at Encinitas Ranch Owner: Owners Rep.: Jerry McKee Contract Price: $4,500,000.00 Date of Comp: 01/02 Owner: Owners Rep.: Don Glatthorn Contract Price: $2,223,905.71 Date of Comp: 10/01 Owner: Owners Rep.: Sherri Howard Contract Price: $5,855,027.00 Date of Comp: 3/00 Owner: Owners Rep.: Harold Ritchie Contract Price: $1 0,433,814.00 Date of Comp: 11/99 6. Project Name: Leucadia B1vd.h-5 Owner: Owners Rep.: Greg Shields Contract Price: $4,985,127.00 Date of Comp: 9/99 7. Project Name: Carmel Valley Road Owner: Owners Rep.: John Hammond Contract Price: $1 2.367.090.00 Encinitas Town Center Asso. c/o Zelman Development 707 Wilshire Blvd., Suite 3036 Los Angeles, CA 9001 7 Phone No.: (21 3) 533-81 00 3. Project Name: The Plaza at Sunbow Sunbow Plaza Partners, c/o Kitchell Development 703 Palomar Airport Rd, Suite 320 Carlsbad, CA 92009 Phone No.: (760) 930-001 1 4. Project Name: Cannon Road Reach 1, Carlsbad, CA City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1 576 Phone No.: (760) 438-1 161 5. Project Name: Otay Mesa Road Widening The City of San Diego 9485 Aero Drive - MS18 San Diego, CA 92123 Phone No.: (61 9) 671 -9843 The City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024-3633 Phone No.: (760) 633-2778 Taylor Woodrow Homes 7220 Black Mountain Road San Diego, CA 92130 Phone No.: (858) 484-4775, Ext. 103 Date of Comp: 7/99 Owner: Owners Rep.: John White Contract Price: $8,000,000.00 Date of Comp: 12/98 8. Project Name: Encinitas Town Center - Phase 1 Encinitas Town Center Asso. c/o Carltas Company 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 Phone No.: (760) 431 -5600 . BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EM PLOY ERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) PAVEMENT OVERLAY OF PALOMAR AIRPORT ROAD, EL CAMINO REAL, AND PASEO DEL NORTE CONTRACT NO. 3667-5 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. .- DBE04/22/02 Contract No. 3667-5 Page 38 of 143 . John Burnham Insurance Svcs 11 CA Lic 0099753 I750 B St, #2400 l- Diego, CA 92101 DATE (MMIDDNM) A~ORDL CERTIFICATE OF LIABILITY INSURANCE 08/28/03 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER 1 I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR r.9 231-1010 INSURED ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. @ NAlC# 24767 INSURERS AFFORDING COVERAGE INSURERA: St. Paul Fire and Marine Ins. Co. EACH OCCURRENCE nce) DAMAGE TO RENTE0 PREMISF- occurre MED EXP (Any one penon) PERSONAL 8 ADV INJURY GENERAL AGGREGATE PRODUCTS - COMPIOP AGG Hazard Construction Company P. 0. Box 229000 San Diego, CA 92192-9000 ~1,000,000 S100,OOO $5,000 $1 ,~~~,~~~ $2,000,000 S2,000,000 INSURER 8: INSURER C: INSURER D: INSURER E: PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHERTHAN EAACC AGG AUTO ONLY: COVERAGES s $ $ $ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAN~ING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WC STATU- OTH- E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYE TYPE OF INSURANCE DD' ISR $ 0 $ $ [GENERAL LIABILITY E.L. DISEASE -POLICY LIMIT x COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR I X Contract Liab X BFPD GENL AGGREGATE LIMIT APPLIES PER 1 rn J'E"~"; n LOC AUTOMOBILE LIABILITY x ANYAUTO 7 - ALL OWNED AUTOS SCHEDULED AUTOS - - x HIREDAUTOS x NON-OWNED AUTOS $ H 1635 Faraday Avenue Carlsbad, CA 92008-7314 ANY AUTO H mmtlmXxxx: c M-#X AUT RIZED REPRESFNTATIVE PA#- EXCESSNMBRELIA LlABlLlTy DEDUCTIBLE RETENTION WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOWPARTNEWEXECUTIVE OFFICEWMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER RIPTION OF OPERATIONS I LOCATIONS / VEHN POLICY NUMBER (C06100071 <C06100071 ES / EXCLUSIONS ADDED BY ENDORS POLICY EFFECTIVE DATE IMMIDDPFY) 05/08/03 05/08/03 MENTl SPECIAL PRl RE: HCC Job #03036 - Pavement Overlay of Palomar Airport Road, El Camino Real and Paseo Del Norte, Project #3667-5. The City of Carlsbad, its officials, employees and volunteers are Named Addl lnsds (GLIAL) as respects captioned operations of the Named Insd. (See Attached Descriptions) POLICY EXPIRATION DATE IMMIDDIYY) 05/08/04 05/08/04 'ISIONS I ~1,000,000 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY BODILY INJURY (Per accident) EACHOCCURRENCE IS AGGREGATE $ I CERTIFICATE HOLDER CANCELLATION Ten Day Noti- N0n-P ISHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Carlsbad Purchasing Department DATE THEREOF, THE ISSUING INSURER WILL EW-IL NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BWR#RXRIXmmXX DAYS WRITEN IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 254 (2001/08) 2 of 3 #M9071 DESCRIPTIONS (Continued from Page I) ~ ~___ ~~ :overage is Primary and Non-Contributory. Waiver of Subrogation applies (GUAL). $10,000 General Liability Deductible. It is - sby understood and agreed that the policy to which this Certificate Jrs may not be canceled, materially changed, nor the amount of :overage thereof reduced until thirty (30) days after receipt of mitten notice of cancellation or reduction in coverage by the City Zlerk of the City of Carlsbad. Coverage under this policy shall be xirnary and noncontributing with any other insurance available to :he City of Carlsbad. Should any of the above described policies be Zanceled before the expiration date thereof, the issuing company will mail 30 days written notice by certified mail to the certificate holder named as additional insured. 9MS 25.3 (2001/08) 3 Of3 #M9071 ADDITIONAL PROTECTED PERSONS ENDORSEMENT - CONTRACTORS - GENERAL LIABILITY - INCLUDING COMPLETED WORK This endorsement changes your Contractors Commerical General Liability Protection. Th*St Pau I How Coverage Is Changed There are two changes which are described below. 1. The following is added to the Who Is Protected Under This Agreement section. This change adds certain protected persons and limits their protection. architect, engineer, or surveyor professional services. Architect, engineer, or surveyor professional servkehcludes: * the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specification; and Additional protected person.The person or * supervisory, inspection, or engineering organization named below is an additional protected person as required by a contract or agreement entered into by you. But only for covered injury or damage arising out of: services. 2. The following is added to the Other primary insurance section. This change broadens coverage. * your work for that person or organization; your completed work for that person or organization if your contract or agreement requires such coverage; premises you own, rent, or lease from that person or organization; or your maintenance, operation, or use of equipment leased from the person or organization. x * * * We explain what we mean by your work and your completed work in the Products and completed work total limit section. We’ll consider this insurance to be primary to and non-contributory with the insurance issued directly to additional protected persons listed below if: * your contract specifically requires that we consider this insurance to be primary or primary and non- contributory; or you request before a loss that we consider this insurance to be primary or primary and non-contributory insurance. * Other Terms If the additional protected person is an architect, engineer, or surveyor, we won’t cover injury or damage arising out of the performance or failure to perform All other terms of your policy remain the same. Person or Organization: Any person or organization you are required in a written contract to show as an additional protected person. Name of Insured Policy Number KC06100071 Effective Date 05/08/03 Hazard Construction Company Processing Date 0 8 /2 8 / 0 3 GO322 Rev. 12-97 Printed in U.S.A. copyright St.Paul Fire and Marine Insurance Co. 1997 All Rights Reserved Endorsement Page 1 of 1 ADDITIONAL INSURED ENDORSEMENT - COMMERICAL AUTO c This endorsement changes your Auto Liability Protection. Thest Pau I How Coverage Is Changed The following is added to the Who Is Protected Under This Agreement section of your Auto Liability Protection. This change broadens coverage. The person or organization named below, for whom you are doing work, is protected. But only for bodily injury or property damage that results from the ownership, maintenance, use, loading or unloading of a covered auto by: *you; *an employee of yours; or *anyone who drives a covered auto with your permission or with the permission of one of your employees or agents. But this doesn't include the person or organization named below, or one of their employees or agents. Other Terms All other terms of your policy remain the same. Person or Organization: Any organization who requires that you add them as additional protected person in specific written contract with you. Name of Insured Policy Number KC06100071 Effective Date 05/08/03 Hazard Construction Company Processing Date 0 8 / 2 8 / 0 3 A0002 Ed.2-95 Printed in U.S.A. copyright St.Paul Fire and Marine Insurance Co. 1995 All Rights Reserved Endorsement Page 1 of 1 _- I . .. . . . . ... . . . - _. .__. -. _-..-_._____-._---I_ .._ - . .- -. ... __________.r_____.____C__-...._.. .. ... ACORDTM CERTIFICATE OF LIABILITY INSURANCE NSURED Hazard Construction Company P. 0. Box 229000 San Diego, CA 92192-9000 DATE (MMIDDMYYY) 08/28/03 INSURER A: Zurich-American Ins. Co. INSURER B: INSURER C: 'RODUCER John Burnham Insurance Svcs. CA - Lic 0099753 I750 B St, #2400 I.4 231-1010 Diego, CA 92101 I INSllRER D. I I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE & NAlC # INSURER E: I :OVERAGES 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 EACHOCCURRENCE POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER 7 n J'E"~"; n LOC AUTOMOBILE LIABILITY - ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS - - - - - P AUTO ONLY - EA ACCIDENT $ U OTHERTHAN EAACC AUTO ONLY: AGG GARAGE LIABILITY ANY AUTO CLAIMS MADE $ $ DEDUCTIBLE R RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTlVE OFFICERlMEMBER EXCLUDED? AGGREGATE If yes, describe under SPECIAL PROVISIONS below OTHER f POLICY NUMBER x E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE -POLICY LIMIT WCSTATU- OTH- WC824841304 $ $1,000,000 $l,ooo,ooo $l,ooo,ooo POLICY EFFECTIVE DATE fMM/DDIYYI City of Carlsbad Purchasing Department ._ I 1635 Faraday Avenue 03/01/03 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL E-L 2 DAYS WRIlTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, B-RX mmm =m1xxxx POLICY EXPIRATION DATE (MMIDDIYY) 03/01/04 LIMITS MED EXP (Any one person) PERSONAL 8 ADV INJURY GENERAL AGGREGATE COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE ---I-- (Per accident) Carlsbad, CA 92008-7314 -m=X I I I ACORD 25 (2001/08) 1 of 3 #M7853 KAB 0 ACORD CORPORATION 1988 .- IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certiiicate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. CORD 254 (2001/08) 2 of 3 #M7853 DESCRIPTIONS (Continued from Page I) materially changed, nor the amount of coverage thereof reduced until thirty (30) days after receipt of written notice of cancellation or reduction in -erage by the City Clerk of the City of Carlsbad. rerage under this policy shall be primary and noncontributing with any other insurance available to the City of Carlsbad. Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice by certified mail to the certificate holder named as additional insured. AMS 25.3 (2001/08) 3 Of3 #M7853 M'A'VER OF OUR WGhT TO RECOVER FROM OTHERS ENDORESEMEM - CALfFORNlA We kve the right to mver our payments from anyone BaMe for an injury covered by this palsy. We will not enforce our right aSainst the person or organization named in the Schaciuie. (Tnis agreement applies only to t!~ exten? ha: you per. tom work unoer E writtan mntract that requires you to ob& fhis agreement from us.) You must maintain payroll records accuratdy segregating the remuneration of your employees while engaged in the Work des=ribed in the Schedule. The additional premium for this endorsement shall be 0 % of the Cafiarnia workers' common premium other- wise due on suh remuneration. Schedule Person or Organization Job Description PER SCHEDULE ON FILE WIM INSURED This endorsement changes the policy to which fk.a%ched and is effectjve on the date issued unless otherwise stated, (The information below is required only when this endorsement is issued subsequent to prepdon of the poky) Endorsement Effective 03/01/03-04 Policy No. WC824841304 insured HAULSD CONSTRUCTION COMPANY, INC. Endorsement No. Premium $ .. Insum Company Zurich American Ins. Co. Countersigned By wc 04 a3 06 r- (Ed. 04-84) Copyright IS83 National Council on Compensation insurance. . L-. L c r- - I BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) PAVEMENT OVERLAY OF PALOMAR AIRPORT ROAD, EL CAMlNO REAL, AND PASEO DEL NORTE CONTRACT NO. 3667-5 Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? / Yes no If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: mmw~coAIpANy (name of Contractor) By: / (print namehitle) DBE04/22/02 Page ,/ of 1 pages of this Re Debarment form Contract No. 3667-5 Page 39 of 143 State of California - County of San Diego On July 1, 2003 before me, Kimberly A. Devine, Notary Public, personally appeared W.S. Rogers, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 7 n - BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) PAVEMENT OVERLAY OF PALOMAR AIRPORT ROAD, EL CAMINO REAL, AND PASEO DEL NORTE CONTRACT NO. 3667-5 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826. 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? I/ Yes no Has the suspension or revoc tion of your contractors license ever been stayed? ? 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 eig year period? . 2 Yes no Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of the ork ever been stayed? 3d Yes no If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. (If needed attach additional sheets to provide full disclosure.) Page / of 2, pages of this Disclosure of Discipline form & DBE 04/22/02 Contract No. 3667-5 Page 40 of 143 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) PAVEMENT OVERLAY OF PALOMAR AIRPORT ROAD, EL CAMINO REAL, AND PASEO DEL NORTE CONTRACT NO. 3667-5 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. f (If needed attach additional sheets to provide full disclosure.) (name of Contractor) By: (print name/title) / Page >of pages of this Disclosure of Discipline form DBE04/22/02 Contract No. 3667-5 Page 41 of 143 -. State of California - County of San Diego On July 1, 2003 before me, Kimberly A. Devine, Notary Public, personally appeared W.S. Rogers, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 9 .- NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMllTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 PAVEMENT OVERLAY OF PALOMAR AIRPORT ROAD, EL CAMINO REAL, AND PASEO DEL NORTE CONTRACT NO. 3667-5 State of California ) , being first duly sworn, deposes and says that he or she is (Title) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. - any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, I declare under penalty of perjury that the for g is true and correct and that this affidavit was executed on the (1% dayof I20&. 1 Signature of Bidder Subscribed and sworn to before me on the day of -- (NOTARY SEAL) .- -- a DBE04/22/02 Contract No. 3667-5 Page 42 of 143 CONTRACT PUBLIC WORKS This agreement is made this day of between the City of Carlsbad, California, a municipal c , 20 03 , by and er called "City"), and HAZARD CONSTRUCTION CQMPANY whose principal place of business is 6465 MARINDUSTRY DRIVE, SAN DIEGO CA. 92.192 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. for: Description of Work. Contractor, shall perform all work specified in the Contract documents PAVEMENT OVERLAY OF PALOMAR AIRPORT ROAD, EL CAMINO REAL, AND PASEO DEL NORTE (hereinafter called "project") CONTRACT NO. 3667-5 2. equipment, and personnel to perform the work specified by the Contract Documents. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2000 Edition, and supplements thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. Contract No. 3667-5 Page 43 of 143 I 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. - 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: - A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. - I - - 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. a DBE04/22/02 Contract No. 3667-5 Page 44 of 143 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. - - Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. __ 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91 -403. - (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. - DBE04/22/02 Contract No. 3667-5 Page 45 of 143 a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance: one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. to the City, its officials, employees or volunteers. Any failure to comply with reporting provisions of the policies shall not affect coverage provided . .. I 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. DBE04/22/02 Contract No. 3667-5 Page 46 of 143 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 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. - (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the 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. I -- ...- (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.* init 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. c - I - DBE04/22/02 Contract No. 3667-5 Page 47 of 143 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE AlTACHED -. (CORPORATE SEAL) CONTRACTOR: HAZARD CONSTRUCTION COMPANY - (name of Contractor) - Rign here) ATTEST: LORRAINE M. WOOD, cljfy Clerk - (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: RONALD R. BALL City Attorney - a DBE04/22/02 Contract No. 3667-5 Page 48 of 143 State of California - County of San Diego On August 28, 2003 before me, Kimberly A. Devine, Notary Public, personally appeared W.S. Rogers, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. - 7 c- State of California County of San Diego On August 28, 2003 before me, Kimberly A. Devine, Notary Public, personally appeared T.J. Masterson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 1 q i BOND No. 104093318 PRMIUW: INCLUDED IN PERFORWKE BOND I LABOR AND MATERIALS BOND iI WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2003-2 14 , adopted AUGUST 12. 2003 , has awarded to HAZARD CONSTRUC,TION COMPANY It (hereinafter designated as the "Principal"), a Contract for: PAVEMENT OVERLAY OF PALOMAR AIRPORT ROAD, EL CAMINO REAL, AND PASEO DEL NORTE CONTRACT NO. 3667-5 ' 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. Principal, (hereinafter designated as the "Contractor"), and =BF%#&~ AND sullETy as Surety, are held firmly bound unto the City of Carlsbad in the sum of TWO MILLION THREE HUNDRED FIFTY SIX THOUSAND SIX HUNDRED NINETY NINE AND OSllOci($ 2,356,699.09 1, 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, ir I ii il I1 il ill I I - NOW, THEREFORE, WE, HWD CONSTRUCTION COMPANY I as '1 I firmly by these presents. .I THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181 , or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section I I 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. :I Contract No. 3667-5 Page 49 of 143 c _. In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from Executed by CONTRACTOR this Executed by SURETY this 27M day ns under this bond. day of 20Q3 of AuaJ!x ,20*. .- CONTRACTOR: SURETY: HAZARD CONSTRUCTION WANY TRAVELERS CASUALTY AH) SURETY C0"y OF AMERICA (name of Contractor) (name of Surety) By: (print name here) (title and organization of signatory) By: -4- \ (sign here) (print name here) (title and organizatbn of signatory) %&vd 9325 SKY PARK COURT #220 DIECO. CA 92123 (address of Surety) (858) 61 6-6240 JACK C. LlRlEN J (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: _- ._ RONALD R. BALL City Attorney c - c I,- - - c DBE04/22/02 Contract No. 3667-5 Page 50 of 143 State of California - County of San Diego On August 28, 2003 before me, Kimberly A. Devine, Notary Public, personally appeared W.S. Rogers, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. State of California County of San Diego I On August 28, 2003 before me, Kimberly A. Devine, Notary Public, personally appeared T.J. Masterson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. State of Californ ia ) County of San DiePo ) rc On August 27. 2003 before me, Tara Bacon. Notary Pub1 ic, personally appeared Jack G. Lupien, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. TRAVELERS CASU&TYAND SURETY COMPANY OFAMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARWNGTON CASUALTY COMPANY artford, Connecticut 06183-9062 POWER OF A~ORNEY AND CEKTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTONCASUALTY COMPANY, wrporabons duly organrzed under the laws of the State of Commnd, and hamg theu principal offices in the City of Eartford, County of Hartford. Smte of Comechcut, (hereinafter the "Compames") hath made, consti- and appomted, and do by these presents make, conshtute and appoint: Jack G. Lupien, Dale G. Earshaw, Debra J. Niemeyer, Tara Bacon, of San Diego, California, ther true and lawful Attomey(s)-in-Fact, mth full power and authonty hereby conferred to ugn, execute and acknowledge, at any place WIW the Umted States, the following mstnunent(s) by hidher sole signature and aq any and all bonds, recognuances, contracts of m&mty, and other mmgs obhgatory m the nature of a bond. recognxzance, or condxaonal undertakrng and any and all consents madent thereto and to bmd the Compames, thereby as fully and to the same extent as if the same were sped by the My authonzed officers of the Compames, and all the acts of srud Attorney(s)-m-Fac& pursuant to the authonty herem pen, are hereby raMed and c0nhne.d Th~s appomtment IS made under and by authonty of the followmg Standmg Resolutions of srud Compames, whch Resolutions are now 111 full fom and &ect VOTED: That the Chairman, the president, any Vice Chauman, any Executive Vice President any Senior Vice President any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Sezretq or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority BS his or her cerhficate of authmity may prescribe to sign with the Company's name and seal with the Company's seal bonds, reco-enizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undextakq, and any of said officers or the Board of Directors at any he may remove any such appointee and revoke the power given him or her. VOTED: That the Chabman, the President, any Vice Chaumrm, any Executive Vice President, any Senior Vice President or any Vice President '- may delegate all or any part of the foregoing authcnity to one or more officers or employees of this Company, provided that each such delegation is s Wtiting and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or *tug obligatory in the nature of a bond, recognizanCe, or conditional undertaking shall be valid and bin- upon the Company when (a) signed by the President, any Vice Chaiman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President the Treasurer, any Assistant Treasurer, the Carporate kretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Seaetary or Assistant Secretary, or @) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her cemficate or their certificates of authority or by One or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELE.JtS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: 1 VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secrm, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attomey or to any cedicate relatug thereto appointmg Resident Vice Presidents, Resident Assistant Secretaries 01 Attorneys-in-Fact for purposes only of executmg and attesting bonds and undertakqs and other wxitings obLgaiory in the nature thereof, and any such power of attorney or certificate besnng such facsimile signature or facsimile seal shall be valid and txn- upon the Company and any such power so executed and cerhfied by such facsimile signature and facsimile seal shall be valid and bin- upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPAFN OF AMERICA, TRAVJkLERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused th~.~ rnstrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed ths 6th day of March 2003. STATE OF CONNECTICUT )SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY BY George W. Thompson Senior Vice President On this 6th day of Marc4 2003 before me personally came GEORGE W. THOMPSON to me known, who, bemg by me duly sworn, did depose and say: that Wshe is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations descrii in and which executed the above mstrument, that hdshe knows the seals of said corporat~ons, that the seals afbd to the said lnstnunent are such corporate seals. and that hdshe executed the sad rnstnunent on behalf of the corporaQons by authonty of hisher office under the Srandmg Resolutions thereof. My commission expires June 30, 2006 Notary Public Mane C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICq TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUACTY COMPANY, stock corpOraton~ of the State of COMecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directo~, as set forth in the CeMcate of Authority, are now in force. Signed and Sealed at the Home Of€ice of the Company, in the City of Hartford, State of Connecticut. Dated this 27TH day of AUGUST ,2003. Kori M. Johanson Assistant Secretary, Bond _- BO.NQ NO, 104093398 PREMIUM: $1 4,140.00 FAITHFUL PER FORMANC WAR RANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution , adopted AUGUST 12, 2003 , has awarded to No. 2003 - 214 HAZARD CONSTRUCTION COMPANY , (hereinafter designated as the "Principal"), a Contract for: PAVEMENT OVERLAY OF PALOMAR AIRPORT ROAD, EL CAMINO REAL, AND PASEO DEL NORTE CONTRACT NO. 3667-5 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; , as Principal, NOW, THEREFORE, WE, HA7ARD CONST RUCTION COMPANY (hereinafter designated as the "Contractor"), and TRAVELERS CASUALTY AND SURETY c0nmuY OF AMERICA - , as Surety, are held and firmly bound unto the City of Carlsbad, ), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. in the sum of TWO MILLION THREE HUNDRED FIFTY SIX THOUSAND SIX HUNDRED NINETY NINE AND OS/OO---------- Dollars ($ 2,356 a 699.09 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. - 4- ts DBE 04/22/02 Contract No. 3667-5 Paae 51 of 143 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 day of CONTRACTOR: HAZARD CONSTRUCTION COEIPANY (name of Contractor) By: (print name here) (Title and Organization of Signatory) [ 1 (sign here) (print name here) (Title and Organization 01 signatory) 5 ecv& nf Executed by SURETY this 27~ day of ,20 03 . AUCUST SURETY: TRAVELERS CASUALTY AMI SURETY COWANY OF AMERICA (name of Surety) 9325 SKY PARK COURT #220 SAN DIECO. CA 92123 (address of Surety) (858) 61 6-6240 (telephone number of Surety) JACK C. IUplpl (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney DeputyCityA ey fl DBE04/22/02 Contract No. 3667-5 Page 52 of 143 - State of California County of San Diego On August 28, 2003 before me, Kimberly A. Devine, Notary Public, personally appeared W.S. Rogers, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. State of California County of San Diego - On August 28, 2003 before me, Kimberly A. Devine, Notary Public, personally appeared T.J. Masterson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. State of Californ ia 1 county of San Diegc) On August 27. 2003 before me, Tara Bacon, Notary Pub lic, personally appeared Jack G. Lupien, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. r- TRAVELFXS CASUALTY AND SURETY COMPANY OF AMERICA FARMLNGTON CASUALTY COMPANY TRAvELE.Rs’cAsuALTY AND SDRETY COMPANY Eartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CE~TIFICATJI OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTONCASUALTY COMPM, corporations duly orgamzed under the laws of the State of ConneciicuC and having their principal offices in the City of Hartford, County of Hartfor4 State of Connecticut, (hereinafter the “Companies”) hath made, COnstiMed and appointed, and do by these presents make, constitute and appoint: Jack G. hpim, Dale G. Harshaw, Debra J. Niemeyer, Tara Bacon, of San Diego, California, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby cuderred to sign, execute and acknowledge, at any place within the United States, the foliowing instnunent(s>: by hidher sole signature and act, any.and all bonds, recopzaaces, contracts of inckmmty, and other writings obligatop in the nature of a bond, recognizance, or condxtional undenakrng and any and all consents incident thereto and to bmd the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the foliowing Standing Resolutions of said Companies, which Resolutions are now in full force and sect: VOTED: That the Chsirmas the President, any Vice C- any Executive Vice Presidenq any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may gve such appointee such authoriq as his or her certificate of authcxiQ may prescribe to sign with the Company’s name and seal with the Company’s seal bonds, recognizances, corium of indemnity, and other Writings obligatory in the nature of a bond, recopimce, or conditional undertalang, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power gven hm or her. VOTED: That the Chairman, the President, any Vice Cu any Executive Vice President, any Senior Vice President or any Vice President -my delegate aII or any part of the foregokg authority to one or more officers or employees of this Company, provided that each such &le@on is VOTED: That any bond, recognizance, mtract of indemnity, or witq obligatory in the nature of a bond, recognizance, or conditional uncktakiq shall be valid and bindug upon the Company when (a) signed by the President, any Vice Chaiman, any Executive Vice President, any Senior Vice President or any Vice President, my Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sded with the Company’s seal by a Secretary or Assistant Secretaryi, or (b) duly executed (unk seal, if required) by one or more Attorneys-&-Fact and Agents pursuant to the power prescribed in his or her certiiicate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMJNGTON CASUALTY COMPANY, which Resolution is now in full force and effect I w‘iting and a copy thereof is filed in the office of the Secretary. VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary: any Assistant Secretary, and the seal of the Company may be aflrued by facde to any power of attorney or to any certificate relatq thereto appoinbng Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executmg and attestrng bonds and undertakings and other Writings obligatov in the nature thereof, and any such power of attorney or certificate beanng such facsimile signature or facsimile seal shall be valid and bin- upon the Company and any such power so executed and caed by such facsimile signature and facsimile seal shall be valid and bindmg upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 stan&rd) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused ths lnstnunent to be sped by thelr Senior Vice President and ther corp~rate seals to be hereto affixed th~s 6th day of March 2003 STATE OF CONNECTICUT }SS. Hartford TRAVELFRS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD BY George W. Thompson Senior Vice President On ths 6th day of March, 2003 before me personally came GEORGE W. THOMPSON to me known, who, bemg by me duly sworn, &d depose and say that hdshe is Senior Vice President of TUVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporat~ons descrii 111 and which executed the above mstnunent, that hdshe knows the seals of sud corporat~ons, that the seals aflixed to the sud instrument are such corporate seals. and that hekhe executed the szud instrument on behalf of the corporauons by authority of hdher office under the Standmg Resolutions thereof My commission expires June 30, 2006 Notary Public Mane C. fetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMKNGTON CASUALTY COMPANY, stock corporatibns of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the certificate of Authority, are now in force. Signed and Sealed at the Home office ofthe Company, in the City of Hartford, State of Connecticut. Dated this 27TH day of AUGUST ,2003 . Kori M. Johanson Assistant Secretary, Bond BOND NUMBER: 10409331 8 IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your prem i u m . Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $1 00,000,000,000.00, provided that the insurer has met its deductible. t-4 Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. 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 llCityll and whose address is hereinafter called "Contractor" and whose address is he rei nafte r 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 Pavement Overlay of Palomar Airport Road, El Camino Real, and Paseo Del Norte, Project No. 3667-5, 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. 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. - Its, DBE04/22/02 Contract No. 3667-5 Page 53 of 143 - 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR For Contractor: For Escrow Agent: Signature Address Title Signature Address 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. e DBE04/22/02 Contract No. 3667-5 Page 54 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: - - a DBE04/22/02 Title MAYOR Name Signature Address Title Name Signature Address Title Name Signature Address Contract No. 3667-5 Page 55 of 143 - ~- ~ FOR PAVEMENT OVERLAY OF PALOMAR AIRPORT ROAD, EL CAMINO REAL, AND PASEO DEL NORTE CONTRACT NO. 3667-5 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. .- -_ - I Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency -the City of Carlsbad, California. -- - City Council -the City Council of the City of Carlsbad. DBE04/22/02 - Contract No. 3667-5 Page 56 of 143 City Manager - the City Manager of the City of Carlsbad or hidher approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. -- - .- Engineer - the Public Works Director of the City of Carlsbad or hidher approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor’s Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent nor employee of the Agency or a public utility. -- - - Deputy City Engineer - The Construction Manager’s immediate supervisor and second level of appeal - for informal dispute resolution. I .- Project Inspector - the Engineer’s designated representative for inspection, contract administration, and first level for informal dispute resolution. Project Manager - the City Engineer of the City of Carlsbad or hidher approved representative. Construction Manager - the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. 1-3 ABB REV1 ATlONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts ............................ Apartment and Apartments Bldg ............................ Building band Buildings CMW D ........................ Carlsbad Municipal Water District CSSD ......................... Carlsbad Supplemental Standard Drawings cfs ............................... Cubic Feet per Second Comm ......................... Commercial DR .............................. Dimension Ratio E ................................. Electric G ................................. Gas -. gal Gallon and Gallons Gar ............................. Garage and Garages GNV ............................ Ground Not Visible gpm ............................g allons per minute IE ................................ Invert Elevation - ............................... 8 - a DBE04/22/02 _- Contract No. 3667-5 Page 57 of 143 LCW D ........................ .Leucadia County Water District MSL ............................ Mean Sea Level (see Regional Standard Drawing M-12) MTBM ......................... Microtunneling Boring Machine NCTD ......................... North County Transit District OHE ............................ Overhead Electric OMWD ....................... Olivenhain Municipal Water District S ................................. Sewer or Slope, as applicable SDNR ......................... San Diego Northern Railway SDRSD ....................... San Diego Regional Standard Drawing SFM ............................ Sewer Force Main UE .............................. Underground Electric W ................................ Water, Wider or Width, as applicable VWD ........................... Vallecitos Water District ROW .......................... Right-of-way T ................................. Telephone SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. -- 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor’s own organization. The City Council shall be the sole body for determination of a violation of these provision$ - In any proceedings under this section, the prime contractor shall be entitled to a public hearing befort the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, “who is listed in the latest version of U.S. Department of Treasury Circular 570,”. - - .- Modify paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (1 00%) 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 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. ($1 0,000,000). 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 3C days after recordation of the Notice of Completion if all claims have been paid. - a DBE04/22/02 Contract No. 3667-5 - Page 58 of 143 Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. ._ - instrument entitling or authorizing the person who executed the bond to do so. __ If the bid is accepted, the Agency may require a financial Statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. -_ 2-5 PLANS AND SPECIFICATIONS. - 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 2000 Edition, and supplements thereto, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. - The construction plans consist of 12 sheets designated as City of Carlsbad Drawing No. 404-6. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS or SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. -- I -- 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: 1) Permits from other agencies as may be required by law. 2) Supplemental Provisions. 3) Plans. 4) Standard Plans. a) City of Carlsbad Supplemental Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 5) Standard Specifications for Public Works Construction. 6) Reference Specifications. 7) Manufacturer's Installation Recommendations. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have precedence over general plans. a DBE04/22/02 Contract No. 3667-5 Page 59 of 143 2-5.2 Precedence of Contract Documents, add the following: Where CALTRANS specifications are used to modify the SSPWC or added to the SSPWC by any of the contract documents thr- CALTRANS specifications shall have precedence only in reference to the materials and constructio, 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 CALTRANS specifications in all other matters. materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Works, - 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: 2) Number of complete sets. 3) Contractor's certification statement. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. - 1 ) Project title and Agency contract number. -. 4) Specification section number(s) pertaining to material submitted for review. - - When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." - - By: Title: Date: Company Name: ... - I.. 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. - - -. a DBE 04/22/02 Contract No. 3667-5 -. Page 60 of 143 2-9 SURVEYING - - 2-9.1 Permanent The Contractor shall Survey Markers, Delete sections 2-9.1 and replace with the following: not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by @ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall hire and pay for the services of a Surveyor, hereinafter 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 (8’/; by 11”) paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, field crew members and preparer of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with 95 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under 53 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. TheRecord 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. a DBE04/22/02 * Contract No. 3667-5 Page 61 of 143 Add the following section: - 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greateL intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall b set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans - - - as to be installed by others. .- DBE04/22/02 Contract No. 3667-5 - Page 62 of 143 TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Setting Tolerance (Within) 7 mm (0.02’) Horizontal. also see Centerline or Parallel to Centerline Spacing@, Q, 1300m (1 000’), Street Intersections, Begin and end of curves, only when shown on the plans lath - Intervisible, I 15m (50’) on tangents & I7.5m (25’) on curves, Painted line - continuous lntervisible and I 15m (50’) I 60 m (200’) on tangents, I 15m (50’) on :urves when R2300m (1 000’) & 7.5m (25’) or curves when RI 300m (1 000’) I 15m (50’) Lateral Spacing 0,O on street centerline Stake Description a, SDRS M-10 Monument Feature Staked Street Centerline .- section 2-9:2.1 herein Clearing it clearing line 0.3 m (1 ’) Horizontal Lath in soil, painted line )n PCC & AC surfaces RP + Marker Stake RP + Marker Stake Grade Breaks k 17.6 m 125’) 30 mm (0.1’) Vertical & Horizontal 30 rnm (0.1’) Horizontal Slope Fence N/A ( constant offset) Rough Grade Cut or Fills 2 10 m (33’) N/A S6.7 m (22‘) 30 mm (0.1’) Vertical & Horizontal 10 mm (‘/?”) Horizontal & 7 mm ( /4”) Vertical RP + Marker Stake Final Grade (includes top of: Basement soil, subbase and base) Asphalt Pavemen Finish Course RP + Marker Stake, Blue- op in gradins area 5 15 m (50’) on tangents & curves when R2 300m (1 000’) & 5 7.5m (25’) on curves when R I 300m (1 000’) RP, paint on previous course I7.5m (25’) or as per the intersection grid points shown on the plan whichever provides the denser information 10 mm (‘/B”) Horizontal & 7 mm (l/;) Vertical edge of pavement, paving pass width, crown line & grade breaks PS appropriate 10 mm (“/s”) Horizontal 7 mm (1/4”) Vertical Drainage Structures, Pipes & similar Facilities@, 0 Curb RP + Marker Stake ntervisible & I 7.5m (257, beginning and end BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing), Skewed cut-off lines I 7.5m (25’). BC & EC. at %A, %A & *A on 10 mm (‘/f) Horizontal & 7 mm ( /4”) Vertical (constant offset) RP + Marker Stake curb returns & at beginning & end Vertical locations shall be based on the Traffic Signal 0 ultimate elevation of curb and sidewalk at each pole & controller location at each junction box location I 15 m (50’) on tangents & curves when R2 300m (1000’) & I7.5m (25’) on curves when R I 300m (1 000’) or where grade I 0.30% 10 mm (“/E”) Horizontal PS appropriate PS appropriate Sianal Poles 8 RP + Marker eontroller o Junction Box B & 7 mm (‘/4.) Vertical 10 mm (“/E”) Horizontal Stake RP + Marker ti 7 mm fi47 Vertical 10 rnm (‘/E’’) Horizontal & when depth cannot be measured from existing pnavement 7 mrn ( /4 ) Vertical 10 mm (“/a”) Horizontal & 7 rnrn (l/4”) Vertical (when vertical data Stake RP + Marker Stake Conduit 0 PS appropriate Minor Structure B for catch basins: at centerline of box, ends of box & wings & at each end of the local depression 8 BS appropriate RP + Marker Stake + Line Stake needed) 30 mm (0.1’) Vertical & Abutment Fill RP + Marker Stake + Line I 15 m (50’) & along end slopes & conic transitions I 15 m (50’) and at beginning & end of: each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation &wall height 9s appropriate BS appropriate t-iorizontal Stake RP + Marker Stake + Line 7 mm (‘/t) Horizontal & 7 mm (l/4”) Vertical Wall 0 Point +Guarc Stake Major Structure C a DBE04/22/02 Contract No. 3667-5 Page 63 of 143 Footings, Bents Abutments & W ingwalls Superstructures Miscellaneous 8 Contour Grading 0 Utilities 0, 0 Channels, Dikes & Ditches 0 Signs 0 Subsurface Drains 0 Overside Drains 0 Markers 0 Railings & Barriers 0 AC Dikes 0 Box Culverts Pavement Markers@ 0 Staking for feal RP + Marker Stake + Line Point +Guarc Stake RP RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Point +Guarc Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP .e may be 01 3 m to 10 m (1 0’ to 33’) as required by the Engineer, BC & EC, transition points & at ieginning & end. Elevation points on footing: at bottom of columns 3 m to 10 m (1 0’ to 33’) sufficient to use strinb lines, BC & EC, transition points & at ieginning & end. Elevation points on footings at bottom of columns I15 m (50’) I 15 m (50’) on tangents & curves when R2 300m (1000’) & I7.5m (25’) on curves when R I 300m (1 000’) or where grade I 0.30% intervisible & I30 m (loo’), BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities At sign location intervisible & I 15m (507, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities longitudinal location for asphalt street surfacing I 15 m (50) on tangents & curves when Rr 300m (1000’) & 5 7.5m (25’) on curves when R I300m (1000’). At beginning & end and I 15 m (50’) on anaents & curves when R 1300m (1000’) & I 7.5m (25’) on curves when R I300m (1000’) At beginning & end 3 m to 10 m (10’ to 33’) as required by the Engineer, BC & EC, transition points & at ieginning & end. Elevation points on footing: & at invert 60 m (200’) on tangents, 15m (50’) on curves when R-2 300m-(l000’) & 7.5m (25’) on curves when R I 300m (1000’) For PCC as appropriate as appropriate along contour line as appropriate as appropriate Line point as appropriate At beginning 8 end At marker location(s) at railing & barrier location(s) as appropriate as appropriate at pavement marker location(s) Red when adjacent marker stakes reference the offset and 10 rnm (?f) Horizontal &7mm (/Z)Vertical - 10 mm (?f) Horizontal & 7 mm ( /4”) Vertical - 30 mm (0.1’) Vertical & Horizontal IO mm (“/a”) Horizontal & 7 mm ci,lt) Vertical 30 mm (0.1’) Hori,zontal & 7 mrn ( /4”) Vertical 30 mm (0.1’) Vertical & Horizontal 30 mm (0.1’) Horizontal & 7 mm (‘/c) Vertical 30 mm (0.1’) Horizontal & 7 mm (‘/c) Vertical 7 mm (’/4”) Horizontal 10 rnm (“la”) Horizontal & Vertical 30 mm (0.1’) Horizontal & Vertical 10 mm (“/a”) Horizontal 7 mm (I/;) Horizontal levation of those features . and the accuracy requirements of the RP meet the requirements for the feature 0 Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table _I (3 Perpendicular to centerline. @ Some features are not necessarily parallel to centerline but are referenced thereto 8 Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature @ 1 means greater than, or equal to, the number following the symbol. I means less than, or equal to, the number following the symbol. 0 The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all - other utilities shall be the top of their pipe or conduit. -- All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(B) a DBE04/22/02 Contract No. 3667-5 - Page 64 of 143 Description Type of Stake Horizontal Control Coordinated control points, control lines, control reference points, centerline, alignments, etc. Color‘ White/Red Vertical Control Clearing Grading - Bench marks White/Orange Limits of clearing Yellow/Black Slope, intermediate slope, abutment fill, rough grade, contour grading, final Yellow - 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. Structure Drainage, Sewer, Curb -- I - grade, etc. Bridges, sound and retaining walls, box culverts, etc. Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm White Blue 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. Right-of-way Miscellaneous Add the following section: 2-1 0.2 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 excepts 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. drains, slope protection, curbs, gutters, etc. Fences, W W lines, easements, property monuments, etc. Signs, railings, barriers, lighting, etc. WhiteNellow Orange e DBE04/22/02 Contract No. 3667-5 Page 65 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 CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. - - 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials ............................. 15 3) Equipment Rental 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. - Work by Contractor. The following percentages shall be added to the Contractor’s costs and - ................... - - - - 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 changec conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. a DBE04/22/02 Contract No. 3667-5 - Page 66 of 143 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 &de Sections 12650-1 2655. “The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the 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: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer - Inspection Division 4. Public Works Director 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. a DBE04/22/02 Contract No. 3667-5 Page 67 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- con tract. - All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1 , Article 1.5 (commencing with Section 201 04) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(l) "Public work has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate .demand by the contractor for (A) a time extension, (8) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. - 201 04.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. e DBE04/22/02 Contract No. 3667-5 - Page 68 of 143 (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. _- -- _I - - - 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good the 15-day period, any party may petition the court to appoint the mediator. (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141 .I1 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 .lo) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or I I I cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within - arbitration process. c I. 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. DBE04/22/02 Contract No. 3667-5 Page 69 of 143 SECTION 4 - CONTROL OF MATERIALS - 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third sentence of the first paragraph. - add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. - The cost of all other tests shall be borne by the Contractor. I 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/or use. The material suppliers shall cooperate with the Engineer’s representative and allow plant inspection and testing. 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 approvec material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor’s expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. -- - - - 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory -_ performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. I 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 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. -_ --- lease agreements for each property where such materials are stored. The lease agreement shall _. a DBE04/22/02 Contract No. 3667-5 - Page 70 of 143 All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 -- UTILITIES 5-1 LOCATION. Delete the first paragraph and substitute the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefor or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. - -- - 5-6 COOPERATION. Add the following: Contractor shall notify utilities before any kind of work is performed adjacent to or involving their facilities. a DBE04/22/02 Contract No. 3667-5 Page 71 of 143 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 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. __ -. Add the following section: 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline - Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media. .- Add the following section: - 6-1.2 prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. Preparation and Review of the Baseline Construction Schedule. The Contractor sha - - Add the following section: - all of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing - Add the following section: 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. Add the following section: 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on - - the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns o distinctive line types to show the critical path. - - DBE04/22/02 Contract No. 3667-5 - Page 72 of 143 Add the following section: 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 95 compatible “Suretrak program by Primavera or “Project? program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a 89 mm (3.5’) data disk with all network information contained thereon, in a format readable by a Microsoft Windows 95 system. The Agency will use a “Suretrak”, “Project” or equal software program for review of the Contractor’s schedule. Should the Contractor elect to use a scheduling program other than the “Suretrak” program by Primavera or “Project” program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:OO a.m. and 5:OO p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. Add the following section: 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor’s plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity’s description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. Add the following section: 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. Add the following section: 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity’s construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. Add the following section: 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per section 6-4. Add the following section: 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of section 6-1. The Engineer may choose to accept the Contractor’s proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline I - Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency’s acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. - a DBE04/22/02 -- Contract No. 3667-5 Page 73 of 143 Add the following section: - 6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer. The Engineer’s determination that the Baseline Construction Schedule proposed by the Contracto complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. - _- The Engineer will review and return to the Contractor, with any comments, the Baseline Construction - Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per sections 6-1.2.1 0.1 through 6-1.2.1 0.3. - Add the following section: 6-1.2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1. Add the following section: 6-1.2.1 0.2 “Accepted with Comments.” The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per section 6-1.8.1. Add the following section: 6-1.2.1 0.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” by the Engineer. - . - -_ - Add the following section: 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity’s schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media per the submittal requirements of section 2-5.3 and will include each item and element of sections 6-1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7. - - Add the following section: 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. -- - Add the following section: - 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contracto shall report the percentage determined by the Engineer as complete for the activity. 1f3) DBE04/22/02 -- Contract No. 3667-5 Page 74 of 143 Add the following section: 6-1.3.3 Electronic Media. The schedule data disk shall be a 89 mm (3‘/;) high density diskette, labeled with the project name and number, the Contractor’s name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in section 6-1.2.4 “Schedule Software” and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. - - Add the following section: 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. Add the following section: 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor’s change orders. Add the following section: 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Add the following section: 6-1.4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Comments” or “Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked “Not Accepted”. - - I - - Add the following section: 6-1.4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with section 6-1.8.2. Add the following section: 6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the -- - - corrections and changes noted in the Engineer’s comments prior to receipt of payment- per section 6-1.8.2. Add the following section: 6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor’s responsibility. - DBE04/22/02 Contract No. 3667-5 Page 75 of 143 I. Add the following section: -. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the “Accepted” schedule. Add the following section: 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of section 2-5.3 and per the schedule review and acceptance requirements of section 6-1, including but not limited to the acceptance and payment provisions. As used in this subsection “substantially different” means a time variance greater than 5 percent of the number of days of duration for the project. Add the following section: 6-1 -7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor’s Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per section 9-3.2. - - -_ - Add the following section: - 6-1.8 Measurement and Payment. The Construction Schedule will be considered as incidental to the Work and no extra payment will be made therefore. The Construction Schedule shall include furnishing all labor, materials including, but not limited to, the computer hardware and software, tools, equipment, and incidentals; and for doing all the work involved in attending meetings, preparing, furnishing, updating, revising the tabular, bar and flow chart Construction Schedules and narrative reports required by these supplemental provisions and as directed by the Engineer. 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 overlay and roadway repairs. Add the following section: . I 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project Representative shall be the individual determined under section 7-6, “The Contractor’s Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractor’s Representative or any other employee or subcontractor or subcontractor’s employee at these meetings will be made. - DBE04/22/02 Contract No. 3667-5 - Page 76 of 143 -~ . 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 sixty (60) working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Work shall not occur on Agency holidays. Construction adjacent to any school on a weekday shall occur between 9:00 a.m. and 2:OO p.m. Hours of work required by the approved Traffic Control Plans will supercede the hours of work listed in this section. - I Palomar Airport Road: Pavement repairs and cold milling shall be performed Monday through Friday from 8:30 AM to 3:30 PM. Pavement overlay shall be performed on Saturday and Sunday from 7:OO AM to 4:OO PM. - - El Camino Real: Pavement repairs and cold milling shall be performed Monday through Friday from 8:30 AM to 3:30 PM. Pavement overlay shall be performed on Saturday and Sunday from 7:OO AM to 4:OO PM. Paseo Del Norte - North of Palomar Airport Road: All Work shall be performed Monday through Friday at night. Night work shall begin at 9:30 PM and conclude by 6:30 AM. Paseo Del Node - South of Palomar Airport Road: All Work shall be performed Monday through Friday from 8:30 AM to 3:30 PM. Video Detection Systems shall be installed Monday through Friday from 7 AM to 4 PM prior to any cold milling near a signalized intersection. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or days. 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 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. No additional payment, adjustment of bid prices, or adjustment of contract time of completion will be allowed as a consequence of the work being performed within the dates, times and areas stipulated in these Supplemental Provisions, Plans, or Traffic Control Plans. e DBE04/22/02 Contract No. 3667-5 Page 77 of 143 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of Completion” to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the “Notice of Completion” and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 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 ($1,000). Execution of the Contract shall constitute agreement by the Agency and Contractor that one thousand dollars ($ 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 corfduct 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. I 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 publidation of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers’ compensation insurance. 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. -I DBE04/22/02 Contract No. 3667-5 Page 78 of 143 7-7 COOPERATION AND COLLATERAL WORK. -- A Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. - 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in hidher sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. - __ - 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.6 Water Pollution Control. Add the following: The Contractor shall comply with all requirements of NPDES Number CAS0108758 and the “Water Discharge Requirements for Discharges of Urban Runoff .” - - the California Regional Water Quality Control Board, San Diego Region, order number 2001 -01, 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 and trash pickup. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City‘s contracted waste disposal company, Coast Waste Management at 929-941 7. During overlay and repair operations, the Contractor’s schedule shall be designed to provide residents and business owners whose streets are to be worked on 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. a DBE04/22/02 Contract No. 3667-5 Page 79 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 thf other number shall be a 24-hour number answered by someone who is knowledgeable about tht project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. - -- - For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-112 inches by 8-112 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix “A. - In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re- posted 48 hours in advance of the rescheduled work. - The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for “Public Notification of Work and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. 7-10.2 Storage of Equipment and Materials in Public Streets. Replace this entire section with tht following: Construction materials, equipment, and excavated material shall not be stored in streets, roads, or highways. The Contractor shall obtain a storage location at the Contractor’s expense and provide the Engineer proof of storage or lease agreement. - - 7-1 0.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following : 1) Engineering Inspection ...................................................................... (760) 602-2780 2) Carlsbad Fire Department Dispatch .................................................. (760) 931-21 97 3) Carlsbad Police Department Dispatch ............................................... (760) 931 -21 97 4) Carlsbad Traffic Signals Maintenance ............................................... (760) 438-2980 X2937 5) Carlsbad Traffic Signals Operations .................................................. (760) 438-1 161 X4500 6) North County Transit District .............................................................. (760) 743-9346 7) Coast Waste Management ................................................................ (760) 929-9400 8) Carlsbad Unified School District. ....................................................... (760) 729-9291 9) United States Postal Service ............................................................. (800) 275-8777 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, 9) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. -- - e- %@ DBE 04/22/02 Contract No. 3667-5 Page 80 of 143 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation “Manual of Traffic Controls,” latest edition, and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at hidher sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty-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: 7-1 0.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206- 7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214- 5.l.et seq. All temporary reflective channelizers shall conform to the provisions of section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 21 0-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 21 0-1.6for materials and section 31 0-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the travelling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the travelling public during non-working hours. During the hours of darkness, as defined in Division 1 , Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractor‘s employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the Engineer. - -- - Add the following section: 7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than 1.8 m (6 ft), nor operate equipment within 0.6 m (2 ft) from any traffic lane occupied by traffic. For equipment the 0.6 m (2 ft) shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. a DBE04/22/02 Contract No. 3667-5 Page 81 of 143 During the entire construction, a minimum of two paved traffic lanes, each not less than 3.6m (12 ft) wide, shall be open for use by public traffic in each direction of travel on Palomar Airport Road and El Camino Real. On Paseo Del Norte, at least one paved traffic lane, not less than 12 feet wide, shall be open in each direction of travel. Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS "Manual of Traffic Control", latest edition, and provisions under "Maintaining Traffic" elsewhere in these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. - - - When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. . _. Add the following section: 7-10.3.4 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 Traffic Control for Permanent and Temporary Traffic Striping. - received the Engineer's written approval of said plan. - -- Add the following section: 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in Chapter 5 of the 'Traffic Manual", latest edition published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new 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. - . - -- I_% e DBE 04/22/02 Contract No. 3667-5 - Page 82 of 143 Add the following section: 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. A Registered Professional Enqineer must prepare traffic control plans for the Contractor 'and submit them to the Enqineer for approval prior to startinu anv Work in the traveled riqht-of-wav. The Contractor shall have such new traffic control plans (TCP) prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled 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 traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and of the "MANUAL OF TRAFFIC CONTROLS", latest Edition as published by the State of California Department of Transportation. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals. Add the following section: 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "Traffic Control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements 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 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. a DBE04/22/02 Contract No. 3667-5 Page 83 of 143 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: 7-1 5 PREVAILING WAGE. Attention is directed to Section 7-1.01 A(2), "Prevailing Wage," of Caltrans' Standard Specifications. The general prevailing wage rates determined by the Director of Industrial Relations (41 5-703-4774), for the county or counties in which the work is to be done, are available at the website www.dir.ca.gov. These wage rates are not included in the Proposal and Contract for the project. Changes, if any, to the general prevailing wage rates will be available at the same location. 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. Bid rigging activities can be reported Mondays through Fridays, between 8:OO a.m. and 300 p.m., eastern time, Telephone No. 1-800-424-9071. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report these activities. The "hotline" is part of the DOT'S continuing effort to identify and investigate highway construction 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. Add the following section: The Contractor shall provide for the safety of traffic and the public in conformance with the provisions in Section 7-1.09, "Public Safety," of the Caltrans' Standard Specifications and these special provisions. The Contractor shall install temporary railing (Type K) between a lane open to public traffic and an excavation, obstacle or storage area when the following conditions exist: - - - 7-16 PUBLIC SAFETY A. Excavations.-The near edge of the excavation is 3.6 m or less from the edge of the lane, except: _. 1. 2. 3. 4. 5. 6. Excavations covered with sheet steel or concrete covers of adequate thickness to prevent Excavations less than 0.3-m deep. Trenches less than 0.3-m wide for irrigation pipe or electrical conduit, or excavations less than 0.3-m in diameter. Excavations parallel to the lane for the purpose of pavement widening or reconstruction. Excavations in side slopes, where the slope is steeper than 1 :4 (vertica1:horizontal). Excavations protected by existing barrier or railing. accidental entry by traffic or the public. -. - - - DBE04/22/02 Contract No. 3667-5 - Page 84 of 143 I-- - I B. Temporarily Unprotected Permanent Obstacles.-The work includes the installation of a fixed obstacle together with a protective system, such as a sign structure together with protective railing, and the Contractor elects to install the obstacle prior to installing the protective system; or the Contractor, for the Contractor's convenience and with permission of the Engineer, removes a portion of an existing protective railing at an obstacle and does not replace such railing complete in place during the same day. C. Storage Areas.-Material or equipment is stored within 3.6 m of the lane and the storage is not otherwise prohibited by the provisions of the Standard Specifications and these special provi- sions. The approach end of temporary railing (Type K), installed in conformance with the provisions in this section "Public Safety" and in Section 7-1.09, "Public Safety," of the Standard Specifications, shall be offset a minimum of 4.6 m from the edge of the traffic lane open to public traffic. The temporary railing shall be installed on a skew toward the edge of the traffic lane of not more than 0.3-m transversely to 3 m longitudinally with respect to the edge of the traffic lane. If the 4.6-m minimum offset cannot be achieved, the temporary railing shall be installed on the 10 to 1 skew to obtain the maximum available offset between the approach end of the railing and the edge of the traffic lane, and an array of temporary crash cushion modules shall be installed at the approach end of the temporary railing. Temporary railing (Type K) shall conform to the provisions in Section 12-3.08, "Temporary Railing (Type K)," of the Standard Specifications. Temporary railing (Type K), conforming to the details shown on 1999 Standard Plan T3, may be used. Temporary railing (Type K) fabricated prior to January 1, 1993, and conforming to 1988 Standard Plan Bll-30 may be used, provided the fabrication date is printed on the required Certificate of Compliance. Temporary crash cushion modules shall conform to the provisions in "Temporary Crash Cushion Module" of these special provisions. Except for installing, maintaining and removing traffic control devices, whenever work is performed or equipment is operated in the following work areas, the Contractor shall close the adjacent traffic lane unless otherwise provided in the Standard Specifications and these special provisions: I Approach Speed of Public Traffic (Posted Limit) I Work Areas I 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. @ DBE04/22/02 Contract No. 3667-5 Page 85 of 143 Add the following section: 7-1 7 YEAR 2000 COMPLIANCE This Contract is subject to Year 2000 Compliance for automated devices in the State of California. Year 2000 compliance for automated devices in the State of California is achieved when embedded functions have or create no logical or mathematical inconsistencies when dealing with dates prior to and beyond 1999. The year 2000 is recognized and processed as a leap year. The product shall operate accurately in the manner in which the product was intended for date operation without requiring manual intervention. The Contractor shall provide the Engineer a Certificate of Compliance from the manufacturer in conformance with the provisions in Section 6-1.07, "Certificates of Compliance," of the Standard Specifications for all automated devices furnished for the project. Add the following section: 7-18 BUY AMERICA REQUIREMENTS. -- Attention is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the lntermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041 (a) and 1048(a), and the regulations adapted pursuant thereto. In conformance with the law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and other coating that protects or enhances the value of steel or iron materials shall be considered a manufacturing process subject to the "Buy America" requirements. A Certificate of Compliance, conforming to the provisions in Section 6-1.07, "Certificates of Compliance," of the Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall specifically certify that all manufacturing processes for the materials occurred in the United States, except for the above exceptions. - The requirements imposed by the law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of the materials used does not exceed one-tenth of one percent (0.1 percent) of the total Contract cost or $2,500, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of the foreign steel and iron prior to incorporating the materials into the work. Add the following section: 7-19 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES. -- When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and report the condition to the Engineer in writing. In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract. If delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay and the Contractor will be compensated for the delay in conformance with the provisions in Section 8-1.09, "Right of Way Delays," of the Standard Specifications. DBE04/22/02 Contract No. 3667-5 - Page 86 of 143 Add the following schedule: The Contractor shall maintain records showing the name and business address of each first-tier subcontractor. The records shall also show the name and business address of every DBE subcontractor, DBE vendor of materials and DBE trucking company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all of these firms. DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. 7-20 SUBCONTRACTOR AND DBE RECORDS ._ Upon completion of the contract, a summary of these records shall be prepared on Form CEM-2402 (F) and certified correct by the Contractor or the Contractor's authorized representative, and shall be furnished to the Engineer. The form shall be furnished to the Engineer within 90 days from the date of Contract acceptance. $10,000 will be withheld from payment until the Form CEM-2402 (F) is submitted. The amount will be returned to the Contractor when a satisfactory Form CEM-2402 (F) is submitted. Prior to the fifteenth of each month, the Contractor shall submit documentation to the Engineer showing the amount paid to DBE trucking companies. This monthly documentation shall indicate the portion of the revenue paid to DBE trucking companies. The Contractor shall also obtain and submit documentation to the Engineer showing the amount paid by DBE trucking companies to all firms, including owner-operators, for the leasing of trucks. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. -_ -_ The Contractor shall also obtain and submit documentation to the Engineer showing the truck number, owner's name, California Highway Patrol CA number, and if applicable, the DBE certification number of the owner of the truck for all trucks used during that month. This documentation shall be submitted on - Form CEM-2404 (F). -- Add the following sectidn: 7-21 DBE CERTIFICATION STATUS If a DBE subcontractor is decertified during the life of the project, the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the project, the subcontractor shall notify the Contractor in writing with the date of certification. The Contractor shall furnish the written documentation to the Engineer. Add the following section: 7-22 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS The DBEs listed by the Contractor in response to the provisions in Section 2-1.02BI "Submission of DBE Information," and Section 3, "Award and Execution of Contract," of these special provisions, which are determined by the City to be certified DBEs, shall perform the work and supply the materials for which they are listed, unless the Contractor has received prior written authorization to perform the work with other forces or to obtain the materials from other sources. Authorization to use other forces or sources of materials may be requested for the following reasons: A. The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the general terms, conditions, plans and specifications for the project, or on the terms of such subcontractor's or supplier's written bid, is presented by the Contractor. B. The listed DBE becomes bankrupt or insolvent. C. The listed DBE fails or refuses to perform the subcontract or furnish the listed materials. D. The Contractor stipulated that a bond was a condition of executing a subcontract and the listed DBE subcontractor fails or refuses to meet the bond requirements of the Contractor. - _- a DBE04/22/02 - Contract No. 3667-5 Page 87 of 143 E. The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial conformance with the plans and specifications, or the subcontractor is substantiallv delaying or disrupting the progress of the work. F. It would be in the best interest of the CityKounty. The Contractor shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of the Contractor) pursuant to prior written authorization of the Engineer. Add the following section: 7-23 SUBCONTRACTING -- Each subcontract and any lower tier subcontract that may in turn be made shall include the "Required Contract Provisions Federal-Aid Construction Contracts" in Section 14 of these special provisions. - This requirement shall be enforced as follows: A. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. 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 71 08.5 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 Contractor shall return all moneys withheld in retention from the subcontractor within 30 days after receiving payment for work satisfactorily completed, even if the other Contract work is not completed and has not been accepted in conformance with Section 7-1.1 7, "Acceptance of Contract," of the 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. SECTION 9 -- MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK I 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. I 9-3 PAYMENT. 9-3.1 General. be affected by any payment but shall commence on the date of recordation of the "Notice of - Completion" Delete the eighth paragraph and substitute the following: Guarantee periods shall not - @ DBE04/22/02 Contract No. 3667-5 -- Page aa of 143 9-3.2 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 (1 0) 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. Partial and Final Payment. - Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. __ - The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. - .- c_ I If the Contractor submits a written Statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. a DBE04/22/02 Contract No. 3667-5 Page 89 of 143 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. Thosc final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the will not be included in the progress estimate. Add the following section: 9-3.4.1 Mobilization and Demobilization. Payment for Mobilization and Demobilization will be made - at the stipulated lump-sum price in the bid schedule, and includes full compensation for furnishing alt insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and demobilization operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; cleaning up the site, street sweeping, and vacating the site; and for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Demobilization, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Demobilization. Progress payments for Mobilization and Demobilization will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), fifty percent (50%) of the amount bid for Mobilization and Demobilization will be allowed. For the final progress payment, fifty percent (50%) of the amount bid for Mobilization and Demobilization will be allowed therefor. - e DBE04/22/02 Contract No. 3667-5 -. . Page 90 of 143 SECTION 10. FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS GENERAL.-The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Government and applicable to work financed in whole or in part with Federal funds will apply to such work. The "Required Contract Provisions, Federal-Aid Construction Contracts, "Form FHWA 1273, are included in this Section 14. Whenever in said required contract provisions references are made to "SHA contracting officer", "SHA resident engineer", or "authorized representative of the SHA", such references shall be construed to mean "Engineer" as defined in Section 1-1.18 of the Standard Specifications. addition to the provisions in Section 11, "Nondiscrimination," and Section VII, "Subletting or Assigning the Contract," of the required Contract provisions, the Contractor shall comply with the following: The bidder shall execute the CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL, OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the Contract in excess of $10,000 will be considered under the provisions of Section VII of the required Contract provisions unless such request is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. NON-COLLUSION PROVISION.-The provisions in this section are applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23, United States Code, Section 112, requires as a condition precedent to approval by the Federal Highway Administrator of the Contract for this work that each bidder file a sworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such Contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to make the non- collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather than as a sworn statement as permitted by 28, USC, Sec. 1746, is included in the proposal. TERPRISES IN SUBCONTRACTING.-Part 26, Title 49, Code of Federal Regulations applies to this Federal-aid project. Pertinent sections of said Code are incorporated in part or in its entirety within other sections of these special provisions. PERFORMANCE OF PREVIOUS CONTRACT.-T- PARTICIPATION BY MINORITY BUSINESS EN- Schedule B-Information for Determining Joint Venture Eligibility (This form need not be filled in if all joint venture firm are minority owned.) 1. Name of joint venture 2. Address of joint venture 3. Phone number of joint venture 4. Identify the firms which comprise the joint venture. (The MBE partner must complete Schedule A.) a. Describe the role of the MBE firm in the joint ven- ture. b. Describe very briefly the experience and business qualifications of each non-MBE joint venturer: 5. Nature of the joint venture's business 6. Provide a copy of the joint venture agreement. 7. What is the claimed percentage of MBE ownership? - 8. Ownership of joint venture: (This need not be filled in if described in the joint venture agreement, provided by question 6.). DBE04/22/02 Contract No. 3667-5 Page 91 of 143 a. Profit and loss sharing. b. Capital contributions, including equipment. c. Other applicable ownership interests. 9. Control of and participation in this contract. Identify by name, race, sex, and "firm" those individuals (and their titles) who are responsible for day-to-day management and policy decision making, including, but not limited to, those with prime responsibility for: a. Financial decisions b. Management decisions, such as: 1. Estimating 2. Marketing and sales 3. Hiring and firing of management personnel - 4. Purchasing of major items or supplies c. Supervision of field operations Note.-If, after filing this Schedule B and before the completion of the joint venture's work on the Contract covered by this regulation, there is any significant change in the information submitted, the joint venture must inform the grantee, either directly or through the prime contractor if the joint venture is a subcontractor. Affidavit "The undersigned swear that the foregoing statements are correct and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to grantee current, complete and accurate information regarding actual joint venture work and the payment therefor and any proposed changes in any of the joint venture arrangements and to permit the audit and examination of the books, records and files of the joint venture, or those of each joint venturer relevant to the joint venture, by authorized representatives of the grantee or the Federal funding agency. Any material misrepresentation will be grounds for terminating any Contract which may be awarded and for initiating action under Federal or State laws concerning false statements. " ...................................................................................................... - Name of Firm Name of Firm Signature Signature Name Name Title Title _- Date Date - Date State of County of On this -dayof , 19 -, before me -. appeared (Name) , to me personally known, who, being duly sworn, did execute the foregoing affi- davit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires [Seal] - - State of county of On this - day of , 19 -, before me appeared (Name) to me personally known, who, being duly sworn, did execute the foregoing affi- davit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public -. Commission expires [Sed1 DBE04/22/02 -. . Contract No. 3667-5 Page 92 of 143 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) I. .... I. 11. 111. IV. V. VI. VII. v1n. Ix. X. XI. XII. Page General ...................................................................... 3 Nondiscrimination ..................................................... 3 Nonsegregated Facilities ........................................... 5 Payment of Predetermined Minimum Wage ............. 6 Statements and Payrolls ............................................ 8 Record of Materials, Supplies, and Labor ................. 9 Subletting or Assigning the Contract ........................ 9 Safety: Accident Prevention ..................................... 10 False Statements Concerning Highway Project .......... 10 Implementation of Clean Air Act and Federal Water Pollution Control Act ................................................. 10 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion ..................... 11 Certification Regarding Use of Contract Funds for Lobbying ................................................................... 12 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL 1. These Contract provisions shall apply to all work per- formed on the Contract by the contractor's own organization and with the assistance of workers under the contractor's im- mediate superintendence and to all work performed on the Contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipula- tions contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Con- tract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compli- ance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Re- quired Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Con- tract Provisions may also be grounds for debarment as pro- vided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1,2,3,4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph5) and Section V of these Required Contract Provisions shall not be subject to the gen- eral disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the US. De- partment of Labor (DOL) as set forth in 29 CFR 5,6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6.Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, posses- sion, or temtory of the United States (except for em- ployment preference for Appalachian contracts, when ap- plicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. 11. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, and 41 CFX 60) 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 Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of hisher activities under the contract. b. The contractor will accept as his operating policy the following statement: "Zt is the policy of this Company to assure that applicants are employed, and that employees are treated during employ- ment, without regard to their race, religion, sex, color, M- tional 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, in- cluding apprenticeship, preapprenticeship, anaYor on-the-job training. " 2. EEO Offcer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. Q DBE04/22/02 Contract No. 3667-5 Page 93 of 143 3. Dissemination of Policy: All members of the con- tractor'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 con- ducted 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 obliga- tions within huty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employ- ees, applicants for employment and potential employees. e. The cogtractor's EEO policy and the procedures to im- plement such policy will be brought to the attention of em- ployees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such adver- tisements will be placed in publications having a large circula- tion among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bar- gaining agreement, conduct systematic and direct recruit- ment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO Contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities OT women, or obligates the contractor to do the same, such implementation violates Ex- ecutive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Informa- tion and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evi- dence of discriminatory wage practices. c. The contractor will periodically review selected per- sonnel actions in depth to determine whether there is evi- dence of discrimination. Where evidence is found, the con- tractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the ac- tions reviewed, such corrective action shall include all af- fected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connec- tion with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the inves- tigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employ- ees, and applicants for employment. b. Consistent with the contractor's work force require- ments and as permissible under Federal and State regula- tions, the contractor shall make full use of training pro- grams, i.e., apprenticeship, and on-the-job training pro- grams for the geographical area of Contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women em- ployees and will encourage eligible employees to apply for such training and promotion. I. a DBE04/22/02 Contract No. 3667-5 Page 94 of 143 I .- 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use hisher best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in co- operation with the unions, joint training program aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants with- out regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the re- ferral practices and policies of the labor union except that to the extent such information is within the exclusive pos- session of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contrac- tor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruit- ment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral 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 SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of hisher EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontrac- tors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA per- sonnel. c. The contractor will use his best efforts to ensure sub- contractor compliance with their EEO obligations. 9.Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the Contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the (1) The number of minority and non-minority group members and women employed in each work classifica- tion on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; (3)The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non-minority group em- ployees currently engaged in each work classification re- quired by the Contract work. This information is to be re- ported on Form FHWA-1391. If on-the-job training is be- ing required by special provision, the contractor will be re- quired to collect and report training data. HI NONSEGREGATED FACILITIES following: ' (Applicable to all Federal-aid construction contracts and to a. By submission of this bid, the execution of this Contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated fa- cilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). all related subcontracts of $lO,OOO or more.) DBE04/22/02 Contract No. 3667-5 Page 95 of 143 c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or con- summation of material supply agreements of $lO,OOO or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts ex- ceeding $2,000 and to all related subcontracts, except for pro- jects located on roadways classified as local roads or rural mi- nor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent de- duction or rebate on any account [except such payroll de- ductions as are permitted by regulations (29 CFR 3)] issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to ex- ist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably an- ticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of la- borers or mechanics are considered wages paid to such la- borers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Sec- tion, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) un- der plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or in- curred during such weekly period. Such laborers and me- chanics 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 paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. a DBE04/22/02 2. Clasflication: a.The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b.The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classifi- cation requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classifica- tion action within 30 days of receipt and so advise the con- tracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appro- priate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classifica- tion and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all inter- ested parties and the recommendation of the contracting of- ficer, to the Wage and Hour Administrator for determina- tion. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is nec- essary _- - - e. The wage rate (including fringe benefits where appro- priate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: . -. a. Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit - - Contract No. 3667-5 I Page 96 of 143 as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, helshe may consider as a part of the wages of any laborer or me- chanic 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 Sec- retary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State appren- ticeship agency recognized by the Bureau, or if a person is employed in hisher first 90 days of probationary em- ployment as an apprentice in such an apprenticeship program, who is not individually registered in the pro- gram, but who has been certified by the Bureau of Ap- prenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probation- ary employment as an apprentice. (2) The allowable ratio of apprentices to joumeyman- level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an appren- tice wage rate, who is not registered or otherwise em- ployed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addi- tion, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing con- struction 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 joumeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the appren- tice's level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the appren- ticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determi- nation for the applicable classification. If the Adminis- trator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4)In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the appli- cable predetermined rate for the comparable work per- formed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Ad- ministration. (2) The ratio of trainees to joumeyman-level employ- ees on the job site shall not be greater than permitted un- der the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determina- tion for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for hidher level of progress, expressed as a percentage of the joumeyman- level hourly rate specified in the applicable wage deter- mination. Trainees shall be paid fringe benefits in ac- cordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corre- sponding journeyman-level wage rate on the wage deter- mination which provides for less than full fiinge benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. DBE04/22/02 Contract No. 3667-5 Page 97 of 143 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training program which have been certified by the Secre- tary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this Contract or any other Federal Contract with the same prime contractor, or any other Federally-assisted Contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any appren- tice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the con- tractor, take such action as may be necessary to cause the sus- pension of any further payment, advance, or guarantee of funds until such violations have ceased. . 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the Contract work which may require or involve the employ- ment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which hdshe is em- ployed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and-one-half times hidher basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for hisher unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under Contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated - Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such Contract or any other Federal Contract with the same prime contractor, or any other Federally-assisted Contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts ex- ceeding $2,000 and to all related subcontracts, except for pro- jects located on roadways classified as local roads or rural col- 1. Compliance with Copeland Regulations (29 CFR 3): lectors, which are exempt.) _. The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the Contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section l(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is finan- cially repossible, that the plan or program has been commu- nicated in writing to the laborers or mechanics affected, ind show the cost anticipated or the actual cost incurred in pro- viding benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the appli- cable programs. -. - a DBE04/22/02 Contract No. 3667-5 Page 98 of 143 -- c. Each contractor and subcontractor shall furnish, each week in which any Contract work is performed, to the SHA resident engineer a payroll of wages paid each of its em- ployees (including apprentices, trainees, and helpers, de- scribed in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accu- rately and completely all of the information required to be maintained under paragraph 2b of this Section V. This in- formation may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be pur- chased from the Superintendent of Documents (Federal stock number 029-005-0014-l), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d.Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or sub- contractor or hidher agent who pays or supervises the pay- ment of the persons employed under the Contract and shall certify the following: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2)that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the 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 the Regulations, 29 CFR 3; (3)that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked per- formed, as specified in the applicable wage determination incorporated into the contract. e.The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be 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. VI. LABOR RECORD OF MATERIALS, SUPPLIES, AND 1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $l,OOO,OOO (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Mate- rials and Labor Used by Contractor of Highway Construc- tion Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and sup- plies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph lb relative to materials and supplies, a final labor summary of all Contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all Contract work or separate reports for the contrac- tor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CON- TRACT 1. The contractor shall perform with its own organization Contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original Contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original Contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime con- tractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the Contract as a whole and in general are to be limited to minor components of the overall contract. a DBE04/22/02 Contract No. 3667-5 Page 99 of 143 2. The Contract amount upon which the requirements set forth in paragraph 1 of Section VI1 is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the Contract provisions. 3. The contractor shall furnish'(a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the Contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the Contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the con- tractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. Vm. SAFETY: ACCIDENT PREVENTION 1. In the performance of this Contract the contractor shall comply with all applicable Federal, State, and local laws gov- erning safety, health, and sanitation (23 CFR 635). The con- tractor shall provide aLl safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a con- dition of each subcontract, which the contractor enters into pur- suant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to hidher health or safety, as de- termined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3.Pursuant to 29 CFR 1926.3, it is a condition of this Contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of Contract perfor- mance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGH- WAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or rnis- representation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding re- garding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever being an oficer, agent, or employee of the United States, or any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly nuzkes any false statement, false representation, or false report as to the charac- ter, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work pe$ormed or to be per- formed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false repre- sentation, false report or false claim with respect to the charac- ter, quality, quantity, or cost of any work perjormed or to be pegormed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false repre- sentation as to material fact in any statement, certificate, or re- port submitted pursuant to provisions of the Federal-aid Roads Act approved July I, 1916, (39 Stat. 355), as amended and sup- plemented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both." . X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the perfor- mance of this contract, unless such Contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 91-604), and under the Federal Water Pollution Con- trol Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92-500), Executive Order 11738, and regulations in im- plementation thereof (40 CFR 15) is not listed, on the date of Contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Ac- tivities, EPA, indicating that a facility that is or will be utilized a DBE04/22/02 Contract No. 3667-5 Page 100 of 143 for the Contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such re- quirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal-aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certifica- tion set out below. The certification or explanation will be considered in connection with the department or agency's de- termination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a cer- tification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representa- tion of fact upon which reliance was placed when the depart- ment or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the de- partment or agency may terminate this transaction for cause of default. d.The prospective primary participant shall provide im- mediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "sus- pended," "ineligible," "lower tier covered transaction," "p~- ticipant," "person," "primary covered transaction," "princi- pal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Cov- erage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this pro- posal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it 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 primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier cov- ered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocure- ment Programs" (Nonprocurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by 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. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the de- partment or agency may terminate this transaction for cause or default. ***** Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Primary Covered Transactions 1. The prospective primary participant certifies to the best a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; of its knowledge and belief, that it and its principals: b.Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment ren- dered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or Contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph lb of this certification; and property; a DBE04/22/02 Contract No. 3667-5 Page 101 of 143 d. Have not within a 3-year period preceding this ap- plication/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ***** 2. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representa- tion of fact upon which reliance was placed when this transac- tion was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an er- roneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available reme- dies, including suspension andor debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier partici- pant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "sus- pended," "ineligible," "primary covered transaction," "partic- ipant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submit- ting this proposal that, should the proposed covered transac- tion 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 orig- inated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier cov- ered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 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 tc exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a Participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the de- partment or agency with which this transaction originated may pursue available remedies, including suspension andlor debarment. ***** Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from par- ticipation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ***** XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowl- edge 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 in- fluencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or em- ployee 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 at- tempting 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 connec- tion with this Federal contract, _- a DBE04/22/02 Contract No. 3667-5 Page 102 of 143 ^- 2. The Contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the Contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the Contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4.No portion of the Contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. WI. SAFETY: ACCIDENT PREVENTION 1. In the performance of this Contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a con- dition of each subcontract, which the contractor enters into pur- suant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to hidher 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 3. Pursuant to 29 CFR 1926.3, it is a condition of this Contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of Contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). U.S.C. 333). E. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or mis- representation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding re- garding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever being an oficer, agent, or employee of the United States, or any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false repre- sentation, false report or false claim with respect to the character, quality, quantity, or cost of any work pegormed or to be per- formed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false repre- sentation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July I, 1916, (39 Stat. 355), as amended and sup- plemented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such Contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of Contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the iirm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized a DBE04/22/02 Contract No. 3667-5 Page 103 of 143 grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or en- tered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $lOO,OOO for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and discloseaccordingly. _- FEDERAL-AID FEMALE AND MINORITY GOALS In accordance with Section II, "Nondiscrimination," of 177 Sacramento, CA: "Required Contract Provisions Federal-aid Construction Contracts" the following are the goals for female utilization: SMSA Counties: 6920 Sacramento, CA .................................. 16.1 Goal for Women CA Placer; CA Sacramento; .............. ......... (applies nationwide) (percent) 6.9 CA Yolo. The following are goals for minority utilization: CALIFORNIA ECONOMIC AREA Goal (Percent) 174 Redding, CA: Non-SMSA Counties ................................... 6.8 CA Lassen;CA Modoc; CA Plumas; CA Shasta; CA Siskiyou;CA Tehama. 175 Eureka,CA: Non-SMSA Counties ................................... 6.6 CA Del Norte; CA Humboldt; CA Trinity. 176 San Francisco-Oakland-San Jose, CA: SMSA Counties: 7120 Salinas-Seaside- Monterey, CA ............................................ 28.9 CA Monterey. 25.6 CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA SanMateo. CA SantaClara. CA SantaCruz. CA Sonoma. CA Napa;CA Solano 7360 San Francisco-Oakland, CA. ................ 7400 San Jose, CA ........................................ 7485 Santa Cruz, CA. ................................... 7500 Santa Rosa, CA .................................... 8720 Vallejo-Fairfield- Napa, CA ................. 19.6 14.9 9.1 17.1 Non-SMSA Counties ........................................ 23.2 CA Lake;CA Mendocino; CA San Benito. Non-SMSA Counties. ....................................... 14.3 CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter;CA Yuba. 178 Stockton-Modesto. CA SMSA Counties: 5170 Modesto, CA ....................................... 12.3 8120 Stockton,CA 24.3 - CA Stanislaus. CA San Joaquin. CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne. ...................................... Non-SMSA Counties ........................................ 19.8 179 Fresno-Bakersfield, CA: SMSA Counties: 0680 Bakersfield, CA .................................. 19.1 2840 Fresno, CA .......................................... 26.1 Non-SMSA Counties ........................................ 23.6 CA Kern. CA Fresno. CA Kings; CA Madera; CA Tulare. 180 Los Angeles, CA: SMSA Counties: 0360 Anaheim-Santa Ana-Garden Grove, CA ................................................. 11.9 CA Orange. Beach, CA ................................................. 28.3 CA Los Anpeles. 4480 Los Angeles-Long 6000 Oxnard-simi Valley- Ventura, CA .............................................. CA Ventura. 21.5 e DBE--04/22/02 Contract No. 3667-5 Page 104 of 143 -- -. -_ -_ 6780 Riverside-San Bemardino- .- Ontario, CA ............................................... 19.0 CA Riverside; CA San Bemardino. - 7480 Santa Barbara-Santa Maria- Lompoc, CA .............................................. 19.7 Non-SMSA Counties ........................................ 24.6 CA SantaBarbara. CA 1nyo;CA Mono; CA San Luis Obispo. 181 San Diego, CA: SMSA Counties 7320 San Diego, CA .................................... 16.9 Non-SMSA Counties ........................................ 18.2 In addition to the reporting requirements set forth elsewhere in this Contract the Contractor and subcontractors holding subcontracts, not including material suppliers, of $10,000 or more, shall submit for every month of July during which work is performed, employment data as contained under Form FHWA PR-1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon. CA SanDiego. CA Imperial. -- A - -. DBE--04/22/02 Contract No. 3667-5 Page 105 of 143 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS - SECTION 200 - ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS - 200-2.1 General. Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Add the following: Class 2 Aggregate Base and as specified herein. - Add the following section: 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. The amount of reclaimed material shall not exceed 50 percent of the total volume of the aggregate used. 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 1112-inch maximum or 314 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" ......................... 1 112,' .................... 1 ......................... 314" ...................... No. 4 .................... No. 30 ................... No. 200 ................ e DBE--04122/02 AGGREGATE GRADING REQUIREMENTS Percentage Passing 7 1/2" Maximum 3/4" Maximum Operating Range 100 90-1 00 50-85 25-45 10-25 2-9 - Operating Range - 100 90-1 00 35-60 10-30 2-9 QUALITY REQUIREMENTS Operating Tests Range Resistance (R-value) 78 Min. Sand Equivalent 25 Min. . Durability Index 35 Min. Contract No. 3667-5 Page 106 of 143 _- All Concrete Used Within the Right-of-way Trench Backfill Slurry The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. Class Slump mm (Inches) 330-C-23 (560-C-3250) (I) (2) 1 15-E-3 200 (8) 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.” Street Light Foundations and Survey Monuments 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. (1 90-E-400) 330-C-23 100 (4”) No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day’s production, whichever is smaller. Traffic Signal Foundations Concreted-Rock Erosion Protection SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS (560-(2-3250) (590-C-3750) 350-C-27 100 (4”) 31 0-C-17 Der Table 300-1 1.3.1 201-1 PORTLAND CEMENT CONCRETE TABLE 201 -1 .1.2(A) Modify as follows: TABLE 201-1.1.2(A) (3) PORTLAND CEMENT CONCRETE Type of Construction I Concrete I Maxi mum I (520-C-25OOP) I ’ (1) Except that concrete required to be of higher strength by Table 201 -1.1.2(A) SSPWC shall be as per Table 201 -1.1.2(A) SSPWC. (2) As per Table 201 -1.1.2(A) SSPWC. (3) Portions of Table 201 -1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201 -1.2.4 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. DBE--04/22/02 Contract No. 3667-5 Page 107 of 143 201-3 EXPANSION JOINT FILLER. Add the following: 201 -3.4 Type “A” Sealant (Two-Part Polyurethane Sealant). Add the following: All finished concrete surfaces shall have a 1/2” 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. - 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-partI polyurethane-based, elastomeric sealant; complying with either ASTM-C-920-87, Type M, Grade PI 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. ’ - -- a DBE--04/22/02 Contract No. 3667-5 Page 108 of 143 - - SECTION 203 - BITUMINOUS MATERIALS - 203-6 ASPHALT CONCRETE 203-6.1 General. Add the following: The Contractor shall submit a design mix report and verification data for review by the Engineer for each source of supply and type of mixture specified. The design mix report shall indicate the results of all testing requirements identified in sections 203- 1.2 and 203-6.3 of the standard specifications for public works construction and these special provisions. 203-6.2 Materials. Add the following: Asphalt concrete shall be class C2-AR-4000 for surface course, and B-AR-4000 for base course. Asphalt concrete shall be class D2-AR-8000 for dikes and - -_ e .- class E-AR-8000 ditches. .- 203-6.3.2 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125. When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for: 1. Asphalt Content and Gradation by Extraction using Calif. Test 382 or ASTM 21 72, and Calif. Test 202 2. Stability' using: a. Stabilometer Value2 using Calif. Test 366 and shall be the average of three indi- vidual Stabilometer Values And/or b. Marshall Stability in accordance with the Asphalt Institute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. 1. Stability will be waived provided the extracted asphalt binder content is within +\- 0.5 percent of mix design based on the weight of the dry aggregate and the extracted gradation complies with Table 203-6.3.2 (A). 2. Use Marshall Stability when the deviation between individual Stabilometer Values are greater than +\- 4. When using core sample analysis, the samples must be properly prepared to safeguard against influx of out side contaminates and so that the cut surfaces do not influence the test results. @ DBE--04/22/02 Contract No. 3667-5 Page 1 09 of 143 203-6.3.3 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the asphalt binder content is within +\- 0.5 percent of mix design based on the weight of the dry aggregate and the gradation conforms to the grading as shown in Table 203-6.3.2 (A). Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix complies with the requirements for Stabilometer Value per Table 203-6.3.2 (A) Marshall Stability using Asphalt Institute MS-2. Plant inspected asphalt concrete will be will be considered in conformance with the mix design when visually inspected and the combined gradation of the Bin samples show conformance to the grading as shown in Table 203-6.3.2 (A). Property Hardness 203-6.6.2, Batch Plant Method, Modify as follows: Third paragraph, last sentence, delete "and from the Engineer's field laboratory". Measuring Standard (ASTM Designation) Results Conditions ASTM D 2240 Rex. 25°C 8 50% relative 65 - 85 203-6.7 Asphalt Concrete Storage. Add the following: Open graded asphalt concrete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 2 hours, shall not be used in the work. (indentation) Tensile Strength Elongation 203-1 1 ASPHALT RUBBER HOT MIX (ARHM) WET PROCESS 203-11.3 Composition and Grading. Add the following: Asphalt Rubber Hot Mix shall be class ARHM-GG-C. Type A, Model 1700 humidity ASTM D 412 Die C, ASTM D 412 Die C, 3.45 MPa, minimum 400%, minimum pulled at 508 mm (20") per minute pulled at 508 mm (20") per Add the following section: 203-13 ASPHALT PAVEMENT CRACK SEALANTS Flex at -40°C Weathering Resistance Salt-Spray Resistance Dielectric Constant minute 0.6 mm (25 mil) Free over 13 mm ('/;) Mandrel Film Bend (1 80") ASTM D 822 Slight chalking Cured 7 days at 25°C Q Weatherometer 350 h 50% relative humidity ASTM B 117 28 days 5% NaCI, Die C, pulled at at 38°C tensile; 400% minimum 508 mm (20") per minute ASTM D 150 over a temperature range of No cracks 3.45 MPa, minimum Elongation Less than 25% change -30-C to 50-C DBE--04/22/02 Contract No. 3667-5 Page 110 of 143 - - 203-13.2 Asphaltic Emulsion Sealant. Asphaltic emulsion sealant shall conform to the State of California Specification 8040-41A-15 and shall be used only for filling slots in asphalt concrete pavement. This material shall not be used in slots which exceed 16mm (5/8") in width or where the slope causes the material to run from the slot. The material shall not be thinned in excess of the manufacturer's recommendations and shall not be placed when the air temperature is less than 7°C (45°F). Property Cone Penetration Flow, 60°C Resilience Softening Point, Ductility, Flash Point, COC, "C Viscosity, Brookfield Thermosel, 203-13.3 Hot-Melt Rubberized Asphalt Sealant. Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C (400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. Performance characteristics of the cured hot- melt rubberized asphalt shall be as per Table 203-1 3.3(A). Measuring Standard (ASTM Results Conditions 25"C, 150 g, 5 s Designation) ASTM D 3407, Sec. 5 ASTM D 3407, Sec. 6 ,ASTM D 3407, Sec. 8 25%, min. 25°C ASTM D 36 ASTM D 113 300 mm, min. 25"C, 50 mrn/min ASTM D 92 ASTM D 4402 2.5-3.5 Pa-s No. 27 Spindle, 20 3.5 mm, max. 5 mm, max. 82 "C, min. 288 "C, min. rpm, 190°C, SECTION 206 - MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. Add the following section: 206-7.1 Permanent Traffic Signs. Permanent traffic signs shall consist of 1 0-gage and 12-gage cold-rolled steel perforated tubing. This includes all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic upon the completion of the Work unless otherwise shown on the plans. Add the following section: 206-7.1.1 General. Materials, legend, proportion, size, and fabrication of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993, Sheets 1 through 5 that accompany 'SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993 of dimensions and details, dated April 1987, and "OPAQUE COLOR CHART", dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 9581 9 and as modified herein. Where the "SPECIFICATION FOR REFLECTIVE SHEETING SIGNS, October 1993 require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said SPECIFICATIONS, to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. c- _- e DBE--04/22/02 Contract No. 3667-5 Page 111 of 143 Add the following section: - 206-7.1.2 Sign Identification. Modify the “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993 as follows: Sign identification shall be as per “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993’, except that the notation shall be “PROPERTY OF THE CITY OF CARLSBAD. - Add the following section: - 206-7.1.3 Drawings. Modify the “Specifications For Reflective Sheeting Signs, October 1993 as follows: Standard signs shall be as per the most recently approved “Approved Sign Specification Sheets” of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the “Notice to Proceed” of this contract, whichever is most recent. Add the following section: - 206-7.1.4 Reflective Sheeting. Modify the “Specifications For Reflective Sheeting Signs, October 1993” as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with Type Ill encapsulated lens sheeting conforming to the requirements of this specification. Add the following section: 206-7.1.5 Substrate. Modify the ‘Specifications For Reflective Sheeting Signs, October 1993 as follows: All permanent traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall use aluminum substrate. Add the following section: 206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on 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. Add the following section: 206-7.1.6 Traffic Sign Posts. Posts shall be constructed of 10-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45. Add the following section: 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the 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. -. Add the following section: 206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of “Specifications For Reflective Sheeting Signs, October 1993, Sheets 1 through 5 that accompany “Specifications For Reflective Sheeting Signs, October 1993 of dimensions and details, dated April 1987, and “OPAQUE COLOR CHART”, dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where The “Specification For Reflective Sheeting Signs, October 1993 require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said “Specifications For Reflective Sheeting Signs, October 1993, to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. a DBE--04/22/02 Contract No. 3667-5 Page 112 of 143 L I Add the following section: 206-7.2.2 Drawings. Modify the “Specifications For Reflective Sheeting Signs, October 1993 as follows: Standard temporary traffic signs shall be as per the most recently approved “Approved Sign Specification Sheets” of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign@) or the date of the “Notice to Proceed” of this contract, whichever is most recent. Add the following section: 206-7.2.3 Reflective Sheeting. Modify the “Specifications For Reflective Sheeting Signs, October 1993” as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with Type Ill encapsulated lens sheeting conforming to the requirements of this specification. ,- Add the following section: 206-7.2.4 Substrate. Modify the “Specifications For Reflective Sheeting Signs, October 1993” as follows: Excepting only construction warning signs used at a single location during daylight hours for not more than five (5) consecutive days, all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall be stationary mounted and shall use aluminum substrate. - - Add the following section: 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on 1 0-gage and 12-gage cold-rolled steel perforated tubing posts in the same edition standard plans numbers RS1 , RS2, RS3 and RS4 for installation of roadside signs, except as - manner shown on the State of California, Department of Transportation “Standard Plans” 1995 - 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 ff)of sign area, or the signs may be installed on existing lighting standards when approved by the Engineer. e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements specified for aluminum signs in the “Specifications For Reflective Sheeting Signs, - ._ October 1993. Add the following section: 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. a DBE--04/22/02 Contract No. 3667-5 Page 113 of 143 . -. -. Add the following section: 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of sign panels for stationary mounted signs in the “Specifications For Reflective Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and legend requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these Supplemental Provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12”). All parts of the sign standard or framework shall be finished with 2 applications of an orange enamel which will match the color of the sign panel background. Testing of paint may 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 1 O-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 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 11 mm (7/16”) holes on 25 mm (1”) centers. - - Add the following section: 206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, -0.13 mm (+0.01 l”, -0.005”). Convexity and concavity measured in the center of the flat side shall not exceed a tolerance of +0.25 mm (+0.010) applied to the specific size determined at the corner. Straightness tolerance variation shall not exceed 1.6 mm in 1 m (1/16 I‘ in 3’). Tolerance for corner radius is 4.0mm (5/32”), plus or minus 0.40 mm (1/64“). Weld flash on corner-welded square tubing shall permit 3.60 mm (9/64) radius gage to be placed in the corner. Using 1 O-gage or 12-gage square tube, consecutive size tubes shall telescope freely for 3.lm (10’). 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(6). _. TABLE 206-8.2(A) LIGHT GAGE STEEL TUBING SIZE TOLERANCE Nominal Outside Dimensions I Outside Tolerance for All Sides at Corners @ DBE--04/22/02 Contract No. 3667-5 Page 114 of 143 TABLE 206-8.2(B) LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST ._ . (‘I 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 B-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% (-4’F) to +70QC (158”) 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’) 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. I_ - DBE--04/22/02 Contract No. 3667-5 Page115of 143 - 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 cabinet. Add the following section: 206-9.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained at locations shown on the traffic control plans and as 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. Add the following section: 206-9.4 Measurement and Payment. The contract lump sum price for Traffic Control 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, and transporting PCMS, and no other compensation will be made therefore. I SECTION 209 - ELECTRICAL COMPONENTS 209 ELECTRICAL COMPONENTS. Modify as follows: Section 209, “Signals, Lighting and Traffic Electrical Systems”, herein, shall replace Section 209, “Electrical Components”, of the SSPWC in all matters pertaining to the specifications for measurement, payment, warranty, and materials and methods of construction for all elements of street lighting and traffic signals. For electrical components provided and installed in systems not including street lighting and traffic signals section 209 SSPWC is unmodified except as specified in sections other than section 209, “Signals, Lighting and Electrical Systems”, herein. For section 209, “Signals, Lighting and Electrical Systems”, for all elements of street lighting and traffic signals both construction materials and construction methods have been combined into a single section. SECTION 209 - SIGNALS, LIGHTING AND ELECTRICAL SYSTEMS 209-1 GENERAL .- 209-1.01 Description. Signals, lighting and electrical systems work shall consist of furnishing and installing, modifying or removing one or more traffic signals, traffic signal master controller assemblies and interconnection facilities, flashing beacon systems, lighting systems, sign illumination systems, traffic monitoring stations, communication systems, electrical equipment in structures, falsework lighting, provisions for future systems, or combinations thereof, all as shown on the plans, - __ and as specified in these special provisions. -_ a DBE--04/22/02 Contract No. 3667-5 Page116of 143 - - The locations of signals, beacons, standards, lighting fixtures, signs, controls, services and appurtenances shown on the plans are approximate and the exact locations will be established by the Engineer in the field. All systems shall be complete and in operating condition at the time of acceptance of the contract. .‘ - 209-1.01 5 Definitions. The following definitions pertain only to Section 209, “Signals, Lighting and Electrical Systems.’’ Actuation.- The operation of any type of detector. Burn-In Procedure. - The procedure by which each LED signal module is energized for a minimum of 24 hours at operating voltage at a 100% duty cycle, and in an ambient temperature of 60% (1 40”). Candlepower Values. - Luminous intensity expressed in candelas (cd). Channel.- A discrete information path. Chromaticity (Color). - The color of the light emitted by a signal module, specified as x-y chromaticity coordinates on the chromaticity diagram according to the 1931 Commission lnternationale d’Eclairage standard observer and coordinate system. The measured chromaticity coordinates shall fall within the limits specified in VTCSH Section 8.04 “Limits of Chromaticity Coordinates.” Controller Assembly.- The complete assembly for controlling the operation of a traffic signal or other system, consisting of a controller unit, and all auxiliary equipment housed in a rainproof cabinet. Controller Unit.- That part of the controller assembly which performs the basic timing and logic Detector.- A device for indicating the passage or presence of vehicles or pedestrians. Duty Cycle. - The amount of illuminated on-time a signal module is energized, expressed as a percent of signal cycle time period. Electro1ier.- The complete assembly of lighting standard, luminaire, ballast and lamp. Flasher.- A device used to open and close signal circuits at a repetitive rate. Flashing Beacon Control Assembly.- A complete electrical mechanism for operating a warning beacon or intersection control beacon. Inductive Loop Vehicle Detector.- A detector capable of being actuated by the change of inductance caused by a vehicle passing over or standing over the loop. Integrating Photometer. - An instrument used in measuring the intensity of light that enables total luminous flux to be determined by a single measurement. LED Light Source. - An individual light emitting diode. LED Signal Module. - A sealed circular ball or arrow that includes the lens and utilizes LED devices as the light source. An LED signal module may directly replace an existing traffic signal lamp and lens combination. Lighting Standard.- The pole and mast arm which support the luminaire. Luminaire.- The assembly which houses the light source and controls the light emitted from the light source. Magnetic Vehicle Detector.- A detector capable of being actuated by the induced voltage caused by the passage of a vehicle through the earth’s magnetic field. Magnetometer Vehicle Detector.- A detector capable of being actuated by the magnetic disturbance caused by the passage or presence of a vehicle. Major Street.- The roadway approach or approaches at an intersection normally carrying the major volume of vehicular traffic. Minimum Intensity. - In accordance with the values in Table 1 of the existing ‘Vehicle Traffic Control Signal Heads”, hereinafter VTCSH standard, the minimum intensity values below which no LED signal modules will be released from the supplier. Minor Street.- The roadway approach or approaches at an intersection normally carrying the minor volume of vehicular traffic. - - functions. - -- .. - _- e DBE--04/22/02 Contract No. 3667-5 Page 117 of 143 - - Pedestrian Detector.-A detector, usually of the push button type, capable of being operated by hand. Plans. - For this Section (Section 209) plans shall include all documents listed in Section 2.5, “Plans and Specifications”, et seq. as well as the “STANDARD PLANS”, latest edition as promulgated by the State of California, Department of Transportation. Power Consumption. - The rms electrical power (watts) consumed by an LED signal module when operated at rated voltage. Pre-timed Controller Assembly.- A controller assembly for operating traffic signals in accordance with a pre-determined cycle length. Rated Initial Intensity. - The light intensity of a new LED signal module, operated at rated voltage, measured after the burn-in procedure with an integrating photometer. Rated Voltage. - The ac rms voltage at which light output performance and power consumption are specified (1 17 VAC at 60 Hz). Signal Face.-That part of a signal head provided for controlling traffic in a single direction and consisting of one or more signal sections. Signal Head.- An assembly containing one or more signal faces. Signal Indication.-The illumination of a signal section or other device, or of a combination of sections or other devices at the same time. reflector, lamp receptacle and lamp. Sun Phantom. - The effect of an outside light source entering the signal assembly and being returned in such a manner as to present the appearance of the signal assembly being illuminated. Traffic-Actuated Controller Assembly.- A controller assembly for operating traffic signals in Traffic Phase.- The right of way, change and clearance intervals assigned to a traffic movement or combination of movements. Vehicle.- Any motor vehicle normally licensed for highway use. VTCSH Standard. - The definitions and practices described in “Vehicle Traffic Control Signal Heads” published in the “Equipment and Materials Standards” of the Institute of Transportation Engineers. - - Signal Section.-A complete unit for providing a signal indication consisting of a housing, lens, - accordance with the varying demands of traffic as registered with the controller unit by detectors. - -. 209-1.02 Regulations and Code. All electrical equipment shall conform to the standards of the National Electrical Manufacturers Association (NEMA), the Underwriters’ Laboratories Inc. (UL), the Electrical Testing Laboratories (ETL), the National Electrical Testing Association, Inc. (NETA), or the Electronic Industries Association (EIA), wherever applicable. In addition to the requirements of the plans, these special provisions, all materials and workmanship shall conform to the requirements of the National Electrical Code latest edition, hereinafter referred to as the Code; California Code of Regulations, Title 8, Chapter 4, Subchapter 5, Electrical Safety Orders: Rules for Overhead Electrical Line Construction, General Order No. 95 of the Public Utilities Commission; Standards of the American Society for Testing and Materials (ASTM); American National Standards Institute (ANSI); and any local ordinances which may apply. Wherever reference is made to any of the standards mentioned above, the reference shall be construed to mean the code, order, or standard that is in effect on the day the Notice to Contractors for the work is dated. 209-1.03 Equipment List and Drawings. Unless otherwise permitted in writing by the Engineer, the Contractor shall, within 15 days following award of the contract, submit to the Engineer for review a list of equipment and materials which the Contractor proposes to install as specified in Section and identifying number of each item. The list shall be supplemented by such other data as may be required, including schematic wiring diagrams and scale drawings of cabinets showing location and spacing of shelves, terminal blocks and equipment, including dimensioning. All of the above data shall be submitted, install as specified in Section 2-5.3, “Shop Drawings and Submittals”, for review. 2-5.3, “Shop Drawings and Submittals.” The list shall be complete as to name of manufacturer, size - ’ - a DBE--04/22/02 Contract No. 3667-5 Page 118 of 143 -- Where electrical equipment is constructed as detailed on the plans, the submission of detailed drawings and diagrams will not be required. The Contractor shall furnish 5 sets of controller cabinet schematic wiring diagrams made by (1) wet blueprint, white background process using iron-sensitized paper, (2) the offset lithograph process, or (3) the electrostatic process. The diagrams shall show the location of the installation and shall list all equipment installed in each controller cabinet. In addition, for each signal installation, the Contractor shall furnish an intersection sketch showing poles, detectors, field wire connection terminals and phasing as shown on the plans. All schematic wiring diagrams of the controller units and auxiliary equipment, all cabinet diagrams, and all operation manuals shall be submitted at the time the controller assemblies are delivered for testing. The schematic wiring diagram shall show in detail all circuits and parts. All parts shown thereon shall be identified by name or number and in such manner as to be readily interpreted. All diagrams, plans and drawings shall be prepared using graphic symbols shown in ANSI publication Y32.2, entitled “I EEE Standard and American National Standard Graphic Symbols for Electrical and Electronic Diagrams.” 209-1.04 Warranties, Guaranties and Instruction Sheets. Manufacturers’ warranties and guaranties furnished for materials used in the work and instruction sheets and parts lists supplied with materials shall be delivered to the Engineer prior to acceptance of the project. 209-1.05 Maintaining Existing and Temporary Electrical Systems. Existing electrical systems (traffic signal, street lighting, loop detectors, flashing beacon, traffic monitoring, sign illumination and other facilities), or approved temporary replacements thereof, shall be kept in effective operation for the benefit of the traveling public during the progress of the work, except when shutdown is permitted, to allow for alterations or final removal of the systems. The traffic signal shutdowns shall be limited to normal working hours. Lighting system shutdowns shall not interfere with the regular lighting schedule, unless otherwise permitted by the Engineer. The Contractor shall notify the Engineer prior to performing any work on existing systems. The Contractor shall notify the local traffic enforcement agency prior to any operational shutdown of a traffic signal. The Contractor shall ascertain the exact location and depth of existing detectors, conduits, pull boxes and other electrical facilities before using any tools or equipment that may damage those facilities or interfere with any electrical system. Where damage is caused by the Contractor’s operations, the Contractor shall, at the Contractor’s expense, repair or replace damaged facilities promptly in accordance with these specifications. If any existing loop conductor, including the portion leading to the detector hand hole or termination pull box, is damaged by the Contractor’s operations, the Contractor shall immediately notify the Engineer. The affected detectors shall be replaced at the Contractor‘s expense and as directed by the Engineer within 24 hours. If the Contractor fails to complete the repairs within this period, the repairs will be made by Agency forces at the Contractor’s expense. Should the Contractor fail to perform the required repairs or replacements, the cost of performing the repairs or replacements will be deducted from any moneys due or to become due the Contractor. Where roadways are to remain open to traffic and existing lighting systems are to be modified, the lighting systems shall remain in operation and the final connection to the modified circuit shall be made so that the modified circuit will be in operation by nightfall of the same day. Temporary electrical installations shall be kept in effective operation until the temporary installations are no longer required for the traveling public. Removal of temporary installations shall conform to the provisions in Section 209-7, “Removing, Reinstalling or Salvaging Electrical Equipment.’’ These provisions will not relieve the Contractor in any manner of the Contractor’s responsibilities as provided in Sections 4-1.1 , ”General” and 4-1 2, “Protection of Work and Materials.” DBE--04/22/02 Contract No. 3667-5 Page 119 of 143 During traffic signal system shutdown the Contractor shall place “STOP AHEAD” and “STOP” signs to direct vehicle and pedestrian traffic through the intersection. All signal faces shall be covered when the system is shut down overnight. Temporary “STOP AHEAD” and “STOP” signs shall be either covered or removed when the system is turned on. “STOP AHEAD” and “STOP” signs shall be furnished by the Contractor and shall conform to the provisions in Section 7-10.3, “Street Closures, Detours, Barricades.” Minimum size of “STOP signs shall be 750 mm (30). One “STOP AHEAD sign and one “STOP” sign shall be placed for each direction of traffic. For two, or more, lane approaches, two “STOP signs shall be placed for each direction of traffic. Location of the signs shall be as directed by the Engineer. - 209-1.06 Scheduling of Work. No above ground work, except service equipment, shall be performed until the Contractor has all materials on hand to complete that particular signal location or lighting circuit. Work shall be so scheduled that each traffic signal, lighting and sign illumination system shall be completed and ready for operation prior to opening the corresponding section of the roadway to traffic. Traffic signals shall not be placed in operation for use by public traffic without the written approval of the Engineer. The Contractor shall obtain the written approval of the Engineer no less than three days prior to placing any traffic signal in operation. Traffic signals shall not be placed in operation for use by public traffic without the energizing of street lighting at the intersection to be controlled if street lighting exists or is being installed in conjunction with the traffic signals. Traffic signals shall not be placed in operation until the roadways to be controlled are open to public traffic, unless otherwise directed by the Engineer. Lighting and traffic signals shall not be placed in operation, including flashing operation, prior to commencement of the functional test period specified in Section 209-2.1 4, ‘‘Testing,” unless ordered otherwise by the Engineer. - Conductors shall not be pulled into conduit until pull boxes are set to grade, crushed rock sumps installed, mortar placed around conduit, concrete bottom of pull boxes placed, and metallic conduit bonded. - The initial turn-on shall be made only between the hours of 9:00 a.m. and 2:OO p.m. and Tuesday all equipment as shown on the plans shall be installed and operable including pedestrian signals, pedestrian push buttons, vehicle detectors, lighting, signs and pavement delineation. All louvers, visors, and signal faces shall be directed to provide maximum visibility. Functional tests shall start on any working day except Friday, or the day preceding a legal holiday. through Thursday unless otherwise approved, in writing, by the Engineer. Prior to turn-on, - __ 209-1.07 Safety Precautions. Attention is directed to Section 7-1 0.4.1 , “Safety Orders.” Before starting work on existing series street lighting circuits, the Contractor shall obtain daily a safety circuit clearance from the serving utility. By-pass switch plugs shall be pulled and “Men at Work” signs posted at switch boxes before any work is done. - I 209-2 MATERIALS AND INSTALLATION 209-2.01 Excavating and Backfilling. The excavations required for the installation of conduit, foundations, and other appurtenances shall be performed in such a manner as to avoid any unnecessary damage to streets, sidewalks, landscaping, and other improvements. The trenches shall not be excavated wider than necessary for the proper installation of the electrical appurtenances and foundations. Excavation shall not be performed until immediately before - - installation of conduit and other appurtenances. The material from the excavation shall be placed in a position that will not cause damage or obstruction to vehicular and pedestrian traffic nor interfere with surface drainage. - DBE--04/22/02 Contract No. 3667-5 Page 120 of 143 -. - Unless otherwise permitted in writing by the Engineer, all surplus excavated material shall be removed and disposed of, within 48 hours, outside the public right of way in accordance with the provisions in Sections 7-8.1 , “Cleanup and Dust Control”, 300-1.3, “Removal and Disposal of Materials” and 302-6, “Surplus Material”, depending on the origin and nature of the materials to be removed and disposed. .- The excavations shall be backfilled in conformance with the provisions in Sections 300-3.5, “Structure Backfill” or 306-1.3, “Backfill and Densification,” depending on the nature of the structure or conduit that the excavation being backfilled accommodates. Excavations after backfilling shall be kept well filled and maintained in a smooth and well-drained condition until permanent repairs are made. All excavations shall be filled, and sidewalks, pavement, and landscaping restored at each intersection prior to excavating at any other intersection, unless otherwise permitted by the Engineer. Excavations in the street or highway shall be performed in such a manner that not more than one traffic lane is restricted at any time, unless otherwise approved by the Engineer. 209-2.02 Removing and Replacing Improvements. In addition to the requirements of sections 7-9, “Protection and Restoration of Existing Improvements” and 306-1.5, “Trench Resurfacing” Improvements such as sidewalks, curbs, gutters, portland cement concrete and asphalt concrete pavement, underlying material, lawns and plants, and any other improvements removed, broken or damaged by the Contractor’s operations, shall be replaced or reconstructed with the same kind of material as found on the work or with materials of equal quality. The new work shall be left in a serviceable condition. Whenever a part of a square or slab of existing concrete sidewalk, curb, gutter, or driveway is broken or damaged, the entire square, section or slab shall be removed and the concrete reconstructed as above specified. The outline of all areas to be removed in portland cement concrete sidewalks and driveways and in pavements shall be cut to a minimum depth of 50 mm (2”) with an abrasive type saw prior to removing the sidewalk, driveways and pavement material. Cuts shall be neat and true along score lines, with no shatter outside the removal area. -- - ._ 209-5 DETECTORS 209-5.01 Vehicle Detectors. Vehicle detectors shall be the type or types shown on the plans. AI1 sensor units, control units, and amplifiers shall meet the requirements of California Test 675. The units shall not be affected by transient voltages when tested in accordance with California Test 667. After a power interruption the units shall return to normal operation within one minute. Each unit shall be provided with a light or meter, for each output circuit, to indicate when the detector is detecting a vehicle. Each detector shall operate over the range of voltages from 100 volts to 135 volts at 60 Hz. Circuitry shall be solid-state except relays with normally closed contacts may be used for the output circuit. Units shall be designed to provide ease of maintenance with easily accessible electronic components. Each detector shall provide vehicle detection without readjustment from -18°C to 71°C (0” to 160°F). Units shall use printed circuit boards designed to facilitate identification of components. This shall be done by either part identification markings or by providing a pictorial diagram showing physical location and identification of each component. Each printed circuit board shall have the following minimum quality requirements: NEMA FR-4 glass cloth base epoxy resin board, 1.5 mm minimum thickness, organic solder masking and gold plated contacts. lntercomponent wiring shall be copper track with a minimum mass of 600 g/m2 (2 odff). Printed circuit design shall be such that components may be removed and replaced 209-2.09, “Wiring.” - without permanent damage to boards or tracks. Splices shall conform to the provisions in Section e DBE--04/22/02 Contract No. 3667-5 Page 121 of 143 - 209-5.01A Inductive Loop Detectors. Inductive loop detectors shall conform to the following: - 209-5.01A(l) General. The term “inductive loop detector” applies to a complete installation consisting of a loop or group of loops installed in the roadway, as shown on the plans, lead-in cable and a sensor unit with power supply installed in a controller cabinet. 209-5.01 A(3) Sensor Unit Construction. “Card” type sensor units shall conform to the requirements in “Traffic Signal Control Equipment Specifications,” issued by the State of California, Department of Transportation, and to all addendums thereto current at the time of project advertising. Shelf mounted sensor units shall conform to the requirements in Section 11 of the NEMA Standards Publication No. TS 1. Capacitors or inductors necessary for loop tuning shall not be mounted external to the sensor unit. 209-5.01 A(4) Construction Materials. Conductor for each inductive loop detector shall be continuous and unspliced and shall conform to one of the following: 1. Type 1 loop wire shall be Type RHW-USE neoprene-jacketed or Type USE cross-linked - - - polyethylene insulated, No. 12, stranded copper wire. The minimum insulation thickness at any point shall be 1 .O mm (40 mils). Type 2 loop wire shall consist of a conductor inside of plastic tubing. The conductor shall be Type THWN or Type XHHW, No. 14, stranded copper wire. The tubing shall be polyethylene or vinyl, rated for use at 105”C, and shall be resistant to oil and gasoline. The tubing shall have a maximum outside diameter of 7 mm (0.27“) and a minimum wall thickness of 0.71 mm (0.028“). The conductors shall not be spliced inside the tubing. 2. - - Conductors for loop detector lead-in cable shall be 2 No. 16 (19 x 29) stranded tinned copper. Loop detector lead-in cable shall conform to the calculated cross sectional area of ASTM Designation: B 286, Table 1. The lead-in cable shall conform to one of the following: 1. Type B lead-in cable shall be insulated with 0.5 mm (20 mils) of high-density polyethylene. The conductors shall be twisted together with at least 6 turns per meter and the twisted pair shall be protected with a copper or aluminum polyester shield. A No. 20, minimum, copper drain wire shall be provided and connected to the equipment ground within the cabinet. The cable shall be provided with a high-density polyethylene or high-density polypropylene outer jacket with a nominal thickness of 0.8 mm (35 mils). An amorphous interior moisture penetration barrier of nonhydroscopic polyethylene or polypropylene fillers shall be provided. 2. Type C lead-in cable shall conform to International Municipal Signal Association (IMSA) Specification No. 50-2. A No. 20, minimum, copper drain wire shall be provided and connected to the equipment ground within the cabinet. - 209-5.01 A(5) Installation Details. Installation and tests shall conform to the details and notes - shown on the plans. Unless shown otherwise each loop shall consist of 3 turns of conductor as specified in Section 209-5.01 A(4), “Construction Materials.” Slots cut in the pavement shall be slot cutting operations shall not be permitted to flow across shoulders or lanes occupied by public traffic and shall be removed from the pavement surface before any residue flows off of the pavement accordance with Section 7-8.1, “Cleanup and Dust Control.’’ After conductors are installed in the slots cut in the pavement, the slots shall be filled with sealant to within 3 mm (’/<) of the pavement surface. The sealant shall be at least 25 mm (1“) thick above the top conductor in the saw cut. Before setting, surplus sealant shall be removed from the adjacent road surfaces without the use of solvents. The sealant for filling slots shall conform to one of the following as directed by the Engineer: washed clean, blown out and thoroughly dried before installing conductors. Residue resulting from surface. Residue from slot cutting operations shall be disposed of outside the highway right of way in - - - a DBE--04/22/02 Contract No. 3667-5 Page 122 of 143 Asphaltic Emulsion Sealant --- Asphaltic emulsion sealant shall conform to the State of California Specification 8040-41 A-15. Property Cone Penetration Hot-Melt Rubberized Asphalt Sealant - Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C (400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. Performance characteristics of the cured hot-melt rubberized asphalt shall be as per Table 209-5.01A(5)(B). Designation) . Results Conditions 3.5 mm, max. ASTM D 3407, Sec. 5 25"C, 150 g, 5 s TABLE 209-5.01 A(5)(B) Flow, 60°C ASTM D 3407, Sec. 6 5 mm, max. Resilience ,ASTM D 3407, Sec. 8 25%, min. CURED HOT-MELT RUBBERIZED ASPHALT I Measuring Standard (ASTM I I 25°C - Point, Ductility, Flash Point, ASTM D 113 300 mm, min. 25"C, 50 mm/min ASTM D 92 288 "C, min. I I m Softening I ASTM D 36 I 82 "C, min. I COC, "C Viscosity, Brookfield Thermosel, ASTM D 4402 2.5-3.5 Paas No. 27 Spindle, 20 rpm, 1 90"C, The hot-melt rubberized asphalt shall be melted in a jacketed, double boiler type melting unit. Temperature of the heat transfer medium shall not exceed 245°C (475°F). Application of the hot- melt sealant shall be made with a pressure feed applicator or pour pot. Sealant shall be applied when the pavement surface temperature is greater than 4°C (40°F). Hot-melt sealant shall be packaged in containers clearly marked "Detector Loop Sealant" and specifying the batch and lot number of the manufacturer. Loop conductors shall be installed without splices and shall terminate in the nearest pull box. The loops shall be joined in the pull box in combination of series and parallel so that optimum sensitivity is obtained at the sensor unit. Final splices between loops and lead-in cable shall not be made until the operation of the loops under actual traffic conditions is approved by the Engineer. All loop conductors for each direction of travel for the same phase of a traffic signal system, in the same pull box, shall be spliced to a detector lead-in cable which shall be run from the pull box adjacent to the loop detector to a sensor unit mounted in the controller cabinet. All loop conductors for traffic monitoring shall terminate in a pull box or terminal strip in the traffic monitor station cabinet when a cabinet of that type is installed. Conductors for inductive loop traffic signal and traffic monitoring installations shall be identified and banded, in pairs, by lane, in the pull box adjacent to the loops and near the termination of the conductors in the controller or traffic monitoring station cabinet. Bands shall conform to the provisions in Section 209-2.09, "Wiring." - / - - the surface. If asphalt concrete surfacing is to be placed, the loop conductors shall be installed prior to placing the uppermost layer of asphalt concrete. The conductors shall be installed in the compacted layer of asphalt concrete immediately below the uppermost layer. The slot sealant shall fill the slot flush to - DBE--04/22/02 Contract No. 3667-5 Page 123 of 143 - 209-5.01C Video Detection System. The video detection system shall consist of one (1) video - camera and one (1) video detection processor (VDP) for each vehicle approach, and a pointing device. The system shall include software that detects vehicles in multiple lanes using only the video image. Detection zones shall be defined using only a video menu and a pointing device to place zones on a video image. A minimum of 24 detection zones per camera shall be available. 209-5.01 C(l) Functional Requirements. The VDP shall process video from a single source. The source can be a video camera or a video tape player. The video shall be input to the VDP in RS170 format and shall be digitized and analyzed in real time. The VDP shall detect the presence of vehicles in up to 24 detection zones per camera. A detection zone shall be approximately the width and length of one car. Detection zones shall be programmed via a menu displayed on a video monitor and a pointing device connected to the VDP. The menu shall facilitate placement of the detection zones and setting of zone parameters. A separate computer shall not be required for programming detection zones or to view system operations. The VDP shall store up to three different detection zone patterns. The VDP shall be able to switch to any one of the three different detection zone patterns within one second of user request via menu selection with the pointing device. The VDP shall detect vehicles in real time as they travel across each detection zone. The VDP shall have an RS-232 port for communications with an external computer. The VDP shall accept new detector patterns from an external computer through the RS-232 port when that computer uses the appropriate communications protocol for downloading detector patterns. TheVDP shall send its detector patterns to an external computer through the RS-232 port when requested when that computer uses the appropriate communications protocol for uploading detector patterns. A W indows-based software program designed for local or remote connection and providing video capture, real-time detection indication and detection zone modification capability shall be provided with the system. The camera system shall be able to transmit an NTSC video signal, with minimal signal degradation, up to 300m (1 000 ft). The VDP shall default to a safe condition, such as a constant call to each active detection channel, The system shall be capable of automatically detecting a low visibility condition such as fog and respond by placing all defined detection zones in a constant call mode. A user-selected output shall be active during the low visibility condition that can be used to modify the controller operation if connected to the appropriate controller input modifier(s). The system shall automatically revert to normal detection mode when the low visibility condition no longer exists. - __ in the event of unacceptable interference in the video signal. -- . - 209-5.01C(2) Operational Requirements. A minimum of 24 detection zones per camera shall be supported and each detection zone can be sized to suit the conditions and the desired vehicle detection region. A single detection zone shall be capable of replacing multiple loops and the detection zone may be AND’ed or OR’ed together to indicate vehicle presence on a single phase of traffic movement. Placement of detection zones shall be done by using a pointing device and a graphical interface built into the VDP and displayed on a video monitor. No separate computer shall be required to program the detection zones. Up to three detection zone patterns shall be saved within the VDP memory and this memory shall be preserved during power outages. The selection of the detection zone pattern for current use shall be done through a menu system. It shall be possible to activate a detection zone pattern for a camera from VDP memory and have the detection zone pattern displayed within one second of activation. When a vehicle is detected crossing a detection zone, the detection zone will flash a symbol on the screen to confirm the detection of the vehicle. Detection shall be at least 98% accurate in good weather conditions and at least 96% accurate under adverse weather conditions (rain, snow or fog). Detector placement shall not be more distant from the camera than a distance of fifteen times the mounting height of the camera. __ - e DBE--04/22/02 Contract No. 3667-5 Page 124 of 143 .- The VDP shall provide up to eight channels of vehicle presence detection through a NEMA TS1 port. The VDP shall provide dynamic zone reconfiguration (DZR) to enable normal detector operation of existing zones except the one being added or modified during the setup process. The VDP shall output a constant call on any detection channel when the corresponding zone is being modified. Detection zone outputs shall be configurable to allow the selection of presence, pulse, extend and delay outputs. Timing parameters of pulse, extend, and delay outputs shall be user definable between 0.1 and 25.0 seconds. Up to six detection zones shall be capable of counting the number of vehicles detected. The count value shall be internally stored for later retrieval through the RS-232 port. The data collection interval shall be user definable in periods of five, fifteen, thirty or sixty minutes. 209-5.01C(3) Hardware Requirements. The VDP shall be housed in a durable metal enclosure suitable for shelf mounting in the side rails of the controller cabinet. The VDP enclosure shall not exceed 180mm (7.1 in) in length and 157mm (6.2 in) in depth. The VDP shall operate satisfactorily in a temperature range of -34°C to +74"C (-29°F to +165"F) and a humidity range of O%RH to 95% RH, non-condensing. The VDP shall be powered by 24 volts DC. VDP power consumption shall not exceed 10 watts. The VDP shall include an RS-232 port for serial communications with a remote computer. This port shall be a 9-pin "D subminiature connector on the front of the VDP. The front of the VDP shall include one BNC video input connection suitable for RS170 video inputs. The video input shall include a switch-selectable 75-ohm or high impedance termination to allow camera video to be routed to other devices, as well as input to the VDP for vehicle detection. The front of the VDP shall include one BNC video output providing real time video output that can be routed to other devices. 209-5.01C(4) Video Detection Camera. The video camera shall be furnished by the VDP supplier and shall be qualified by the supplier to ensure proper system operation. The camera shall produce useable video image of the bodies of vehicles under all roadway lighting conditions, regardless of time of day. The minimum range of scene luminance over which the camera shall produce a useable video image shall be the minimum range of night time to day time but not less than the range of 0.1 lux to 10,000 lux. The camera shall use a CCD sensing element and shall output monochrome video with resolution of not less than 380 lines vertical and 380 lines horizontal. The camera shall include an electronic shutter control based upon average scene luminance and shall be equipped with a factory adjusted manual iris. The camera shall include a variable focal length lens with variable focus that can be adjusted, without opening the camera housing, to suit the site geometry by means of a portable interface device designed for that purpose and manufactured by the detection system supplier. The horizontal field of view shall be adjustable from 8.1" to 45.9". A single camera configuration shall be used for all approaches in order to minimize setup time and spares required by the user. The camera electronics shall include AGC to produce a satisfactory image at night. The camera shall be housed in a weather-tight sealed enclosure. The camera enclosure shall be able to rotate to allow proper alignment between the camera and the traveled road surface. The camera enclosure shall be equipped with a sun shield. The sun shield shall include a provision for water diversion to prevent water from flowing in the camera's field of view. The camera enclosure with sun shield shall be less than 170mm (6 in) in diameter, less than 380mm (15 in) long, and shall weigh less than 13.3kg (6 pounds) when the camera and lens are mounted inside the enclosure. The camera enclosure shall include a thermostatically controlled heater to assure proper operation of the lens at low temperatures and to prevent moisture condensation on the optical faceplate of the enclosure. I When mounted outdoors in the enclosure, the camera shall operate satisfactorily in a temperature range of -34°C to +60°C (-29°F to +14OoF) and a humidity range of 0% RH to 100% RH. The camera shall be powered by 120/240 VAC, 50/60 Hz. Power consumption shall be 15 watts or less under all conditions. -- a DBE--04/22/02 Contract No. 3667-5 Page 125 of 143 - Recommended camera placement height shall be 10m (33 ft) above the roadway, and over the traveled way on which vehicles are to be detected. For optimum detection, the camera should be centered above the traveled roadway. The camera shall view approaching vehicles at a distance not to exceed 1 OOm (350 ft) for reliable detection (height:distance ration of 1O:lOO). Camera placement and field of view shall be unobstructed and as noted in the installation documentation provided by the supplier. The camera enclosure shall be equipped with separate, weather-tight connections for power and video cables at the rear of the enclosure. These connections may also allow diagnostic testing and viewing of the video signal at the camera while the camera is installed, using a lens adjustment module supplied by the VDP supplier. Video and power shall not be connected within the same connector. The video signal output by the camera shall be black and white in RS170 or CClR format. The video signal shall be fully isolated from the camera enclosure and power cabling. 209-5.01C(5) Installation Requirements. The coaxial cable to be used between the camera and the VDP in the controller cabinet shall be Belden 8281 or a 75 ohm, precision video cable with 20 gauge solid bare copper conductor (9.9 ohms/M), solid polyethylene insulating dielectric, 98% (min) tinned copper double-braided shield and black polyethylene outer covering. The signal attenuation shall not exceed 0.78 dB per 30m (1 00 ft) at 10 MHz. Nominal outside diameter shall be 8mm (0.304 in). The coaxial cable shall be a continuous, unbroken run from the camera to the VDP. This cable shall be suitable for installation in conduit or overhead with appropriate span wire. 75 ohm BNC plug connectors shall be used at both the camera and controller. The coaxial cable, BNC connector and crimping tool shall be approved by the supplier of the video detection system, and the manufacturer’s instructions must be followed to ensure proper connection. The power cabling shall be 16 AWG three conductor cable. The cabling shall comply with the National Electric Code, as well as local electrical codes. Cameras may acquire power from the luminaire if necessary. The video detection system shall be installed by supplier factory certified installers and as recommended by the supplier and documented in the installation materials provided by the supplier. Proof of factory certification shall be provided. 209-5.01 C(6) Warranty. The supplier shall provide a limited two year warrant on the video detection system. See supplier’s standard warranty included in the Terms and Conditions of Sale documentation. During the warranty period, technical support shall be available from the supplier via telephone within four hours of the time a call is made by the user. This support shall be made available from factory certified personnel or factory certified installers. During the warranty period, updates to the VDP software shall be made available from the supplier without charge. 209-5.01 C(7) Maintenance and Support. The supplier shall maintain an adequate inventory of parts to support maintenance and repair of the video detection system. These parts shall be made available for delivery within 30 days of placement of an acceptable order at the supplier’s current pricing and terms of sale for said parts. The supplier shall maintain an ongoing program of technical support for the video detection system. This technical support shall be available via telephone, or via personnel sent to the installation site upon placement of an acceptable order at the supplier’s current pricing and terms of sale for on site technical support services. Installation or training support shall be provided by a factory authorized representative. All product documentation shall be written in the English language. - - - - 209-8 Payment. The contract unit price for Traffic Signal Loop Detectors shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing, placing, operating, wiring, repairing, and replacing traffic signal loop detectors per these specifications, and no other compensation will be made. Permanent video detection for traffic signals shall be paid for as a separate bid item. Temporary video detection, temporary inductive loops, and other traffic control measures which are included in the approved traffic control plans will be paid for as part of the lump sum bid item Traffic Control and no extra payment will be made therefore. - , -. a DBE--04/22/02 Contract No. 3667-5 Page 126 of 143 - SECTION 21 0 - PAINT AND PROTECTIVE COATINGS Surface to be Painted Pre-reatment / Surface Primer Preparation Roughened, Textured Appearance Temporary Railing type (K) Abrasive Blast Cleaning to a None - 210-1 PAINT. Finish Coats Two coats white Acrylic Emulsion Paint (’) 21 0-1.5 Paint Systems. Add the following to Table 21 0-1.5(A) r ”- I Application of Geotextile Type Designation Separation of Soil and Street Structural Section 9ow s Separation of Soil and Subsurface Aggregate Drain 180N Reinforcement of Street Structural Section 200w s Remediation and Separation of Soil 270W S Reinforcement of Soil 270W S 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CALTRANS Specification No. PTWB-01. Thermoplastic for pavement legends, pavement symbols, pavement arrows, cross walks, limit lines, and stop bars shall be alkyd thermoplastic conforming to CALTRANS Specification No. 801 0-1 9A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CALTRANS Specification No. 801 0- 004 (Type I I). CALTRANS Specifications for water borne paint, thermoplastic material, and glass beads may be obtained from the CALTRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 9581 9, telephone number (91 6) 227-7000. - .- Add the following section. 21 0-1.8 Preformed Thermoplastic Pavement Markings. Preformed Thermoplastic Pavement __ Markings shall be Premark brand manufactured by Flint Trading Company 115 Todd Court, Thomasville, NC 27360, Premark 20/20 Flex brand manufactured by Flint Trading Company 115 Todd Court, Thomasville, NC 27360, Pavemark brand manufactured by Stimsonite Corporation, 6565 West Howard Street, Niles, IL 60714 or approved equal. - SECTION 213 - ENGINEERING FABRICS 21 3-1 PAVEMENT FABRIC. - 213-1.1 General. Add the following: Geotextile types shall be used for the applications listed in Table 21 3-1.1 (B) a DBE--04/22/02 Contract No. 3667-5 Page 127 of 143 The properties of the pavement fabric shall meet the requirements in Section 21 3-1 and Section 21 3- 2 with the more stringent requirement controlling in the case of a conflict between the two Sections of the SSPWC. Type Stimsonite Chip SeaVTemporary Overlay Marker (Models 300 and 301) TFPM Add the following section: 213-3 EROSION CONTROL SPECIALTIES. Manufacturer of Distributor John C. Henberger Co., Traffic Safety and Control, San Diego, California, Telephone (619) 292-5772 DAPCO Davidson Plastics Company, 18726 East Valley Highway, Kent, Washington 98032, Telephone (206) 251 -81 40. Add the following section: 213-3 Gravel bags. Gravel bags for the use of te3mporary erosion control shall be burlap type, filled with no less than 23kg (50 Ibs) of 19 mm (/;) crushed rock and securely tied closed. Plastic bags are not acceptable. Type Safe-Hit SH236MA Carsonite "Super Duck" SDF-436 Repo "The Replaceable Post" SECTION 214 PAVEMENT MARKERS Manufacturer of Distributor Safe-Hit Corporation 1930 West Winton Avenue, Building #11 Hayward, CA 94545 Telephone (41 5) 783-6550 Carsonite International Corporation 2900LockheedWay Carson City, NV 89701 Telephone (702) 883-51 04 Western Highway Products P.O. Box 7 Stanton, CA 90680 Telephone (800) 422-4420 214-5 REFLECTIVE PAVEMENT MARKERS Add the following section: 21 4-5.1 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the plans and required in the specifications shall be one of the types shown in Table 214-5.1 (A), or equal thereto. . - The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 2-5.3.3 “Submittals”. Said certificate shall certify that the permanent reflective 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 the approved quality control program. ._ a DBE--04/22/02 Contract No. 3667-5 Page 129 of 143 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. - 300-1.1 General. add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefor shall be made to the Contractor. 300-1.4 Payment. grubbing. Clearing and grubbing shall be considered incidental to the work. modify as follows: No separate payment shall be made for clearing and 300-2 UNCLASSIFIED EXCAVATION. 300-2.2 Unsuitable Material. Add the following: The Engineer will decide if material is unsuitable. At the Engineer’s direction, the Contractor will remove the unsuitable material, transport and dispose of the unsuitable material, compact the existing subgrade to 95% relative compaction, replace the unsuitable material with Crushed Aggregate Base, and compact the base to 95% relative compaction. At the Engineer’s request, a pavement fabric or geotextile will be installed on the compacted subgrade. 300-2.8 Measurement. Add the following: The Engineer will estimate, and if possible measure, the quantities of ‘Remove Unsuitable Material and Replace with Aggregate Base”. Payment quantities will be based on the Engineer’s measurements and estimates. 300-2.9 Payment. substitute the following: Payment for unclassified excavation of unsuitable material shall be made per the bid item “Remove Unsuitable Material and Replace with Aggregate Base.” Payment for “Remove Unsuitable Material and Replace with Aggregate Base” shall include, but not limited to, all the work mentioned in Section 300-2.2 above, and no additional payment will be made therefore. 300-3 STRUCTURE EXCAVATION AND BACKFILL 300-3.1 General. add the following: The Contractor shall excavate to the lines and levels required and/or shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, pumping, and planking required. The Contractor shall excavate and maintain the bottom of all trenches in a condition that is level, firm, clean and free from all debris or foreign matter. Excavations shall be kept free from water at all times. The Contractor shall remove any unsuitable material encountered below grade as directed by the Engineer a DBE--04/22/02 Contract No. 3667-5 Page 130 of 143 -- _- I I 300-3.6 Payment. substitute the following: Payment for structure excavation and backfill shall be paid for as incidental to the various items of work and no additional payement will be made therefore. , 300-4 UNCLASSIFIED FILL 300-4.9 Measurement and Payment. delete and substitute the following: Unclassified fill, grading, shaping, compacting or consolidating, slope rounding, construction of transitions and all work included in and incidental to Section 300-4, “Unclassified Fill” will be paid for as incidental to the work and no additional payment will be made therefore. 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 “1 50mm (6 inches)” to “300 mm (1 2)”. 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. 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: Immediately prior to overlay, the Contractor shall remov-e all Thermoplastic pavement markings and Thermoplastic striping by grinding methods. The Contractor shall NOT use dry or wet sandblasting. The Contractor shall treat all vegetation within the limits of the paved area to receive asphalt concrete paving with a post emergent herbicide. Herbicide shall be applied at least 2 (two) working days prior to paving the area. Allowance for the two day period shall be shown in the schedule required per Section 6-1. -- 302-5.2.4 Traffic Signal Loop Detectors. add the following: When the cold milling operation is scheduled to pass traffic signal loop detectors, the Contractor shall make prior arrangements to have the traffic signal operate with video detection or the Contractor shall immediately replace the damaged loop detectors. Payment for this work shall be considered as part of the bid item Traffic Control and no extra payment will be made therefore. DBE--04/22/02 Contract No. 3667-5 Page 131 of 143 302-5.2.5 Pavement Transitions. add the following: The Contractor shall ramp the approaches and termini to - all structures and vertical joints in the cold-milled area which are transverse to through traffic with temporary asphalt concrete pavement as specified in section 306-1.5.1. Ramps shall be constructed the same day as cold milling and removed the same day as permanent paving. Ramp dimensions and compaction shall be as approved by the Engineer. 302-5.4 Tack Coat. add the following: The Contractor shall place a tack coat between the successive prepare the previously laid course of asphalt receiving the subsequent course of asphalt in a sufficiently clean state and the asphalt receiving the new pavement course is dirty enough to impair bonding between the next lift of asphalt. 302-5.5 Distribution and Spreading. modify as follows: After second sentence of sixth paragraph, add: The Contractor shall provide the spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control for surface course paving. The automatic screed control shall be 9 m (30’) minimum length. The paving machine shall be operated by an operator and two full-time screed men during all paving. The Contractor shall provide an on-site backup paving during all paving operations. A backup asphalt windrow pickup machine (ASPWP) will be required at all times when a ASPWP is used. Additionally, a front end loader will be required during all ASPWP paving. Leveling courses will be required in a variable thickness pavement section. interfaces of new asphalt concrete when, in the opinion of the engineer, the Contractor has failed to maintain or __ -. - __ 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: 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 ARHM 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 City of Carlsbad sanitary sewer access covers shall be adjusted per CMWD Drawing No. SI. All storm sewer access covers shall be adjusted per SDRSD D-10. Riser rings or extensions shall not be used for the 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, rolling, spreading, labor, After last paragraph, add: Unless directed otherwise by the Engineer, the initial I - CMWD water valve boxes per CMWD Standard Drawing No. W11 or CMWD Standard Drawing No. W13. All adjustment of these appurtenances. I - -- transportation, incidentals, preparatory work, nor cleanup. - 302-9 ASPHALT RUBBER HOT MIX (ARHM) 302-9.1 General. add the following: ARHM shall conform to Section 302-5 ASPHALT CONCRETE - PAVEMENT and Section 302-9. -. Add the following section: 302-1 1 ASPHALT PAVEMENT REPAIRS AND REMEDIATION Add the following section. 302-11 .I existing asphalt pavement. Each repair shall be made in accordance with these supplemental provisions and the Standard Specifications for Public Works Construction (SSPWC). General. Asphalt Pavement Repairs and Remediation shall consist of the repair and restoration of - -. . e-. %# DBE--04/22/02 Contract No. 3667-5 Page 132 of 143 - I Add the following section. 302-1 1.2 Full Depth Asphalt Concrete Patch. Full depth asphalt concrete patch shall consist of sawcutting, removing asphalt concrete, and/or base material, and/or subgrade to 300 mm (1 ft) below existing asphalt surface and replacing the material so removed with asphalt concrete B-AR- 4000. The area shown on the plans or set forth in the bid item is for estimating purposes only, final quantity will be as measured in the field by the Engineer. Damaue to existinn traffic IOODS caused bv the full depth patch will require immediate replacement of the loops at the Contractor’s expense. The Engineer will designate and mark the final limits of the asphalt patch area in the field by outlining the area to be patched with paint. The Contractor shall sawcut such areas to straight lines in square or rectangular areas as marked. The area so cut shall have two of the sides at right angles to the direction of traffic. The excavated faces of the basekubgrade shall be straight and vertical. The Contractor shall compact the upper 300mm (1 ft) of subgrade to 95% relative compaction. If the Engineer determines that unsuitable material is present, consult Section 300-2.2. A tack coat of SS- 1 h emulsified asphalt shall be applied uniformly to all asphalt-to-asphalt contact surfaces at a rate of 0.25 Um2 to 0.45 Um2 (0.05 to 0.1 0 gallons per square yard) in accordance with subsection 302-5.4, SSPWC. The Contractor shall fill the excavated area with (1 foot depth) asphalt concrete in 4-inch lifts and compact each lift so that the finished surface of the final lift is flush with the surrounding pavement. Asphalt concrete for full depth asphalt concrete patch shall be B-AR-4000. The asphalt concrete so constructed shall have a finish surface and density conforming to subsection 302-5.6.2 r- SSPWC. Add the following section: 302-1 1.3 Two-Inch Grind and Patch. The area shown on the plans or set forth in the bid item is for estimating purposes only, final quantity will be as measured in the field by the Engineer. The Engineer will designate and mark the final limits of the two-inch grind and patch area in the field by outlining the area to be patched with paint. The Contractor shall cold mill the asphalt concrete in the designated area to a depth of two inches per the requirements of subsection 302-5.2 of the SSPWC. The Contractor shall sweep the street, keep dust to a minimum, and remove and dispose of the grindings at the Contractor’s expense. Damaue to existinu traffic loops caused bv the cold millinu will rewire immediate replacement of the loops at the Contractor’s expense. A tack coat of SS-lh emulsified asphalt shall be applied uniformly to all asphalt-to-asphalt contact surfaces at a rate of 0.25 Um2 to 0.45 Um2 (0.05 to 0.1 0 gallons per square yard) in accordance with subsection 302-5.4, SSPWC. The Contractor shall fill the cold-milled area with asphalt concrete and compact so that the finished surface of the AC is flush with the surrounding pavement. Asphalt concrete for two-inch grind and patch shall be C2-AR-4000. The asphalt concrete so constructed shall have a finish surface and density conforming to subsection 302-5.6.2 SSPWC. ”-- Add the following section. 302-11.4 Crack Sealing The Contractor shall wash, blow out and thoroughly dry all cracks designated to be sealed before installing elastomeric sealant material. The Contractor shall dispose debris from crack cleaning outside the public way in accordance with Section 7-8.1, “Cleanup and Dust Control.” The hot-melt rubberized asphalt shall be melted in a jacketed, double boiler type melting unit. Temperature of the heat transfer medium shall not exceed 245°C (475°F). Application of the hot-melt sealant shall be made with a pressure feed applicator or pour pot. Sealant shall be applied when the pavement surface is dry and temperature is greater than 4°C (40°F). Containers of hot-melt sealant shall be delivered to the job-site in unopened containers that are clearly marked with data showing the manufacturer’s name, the product designation and the manufacturer’s batch number and lot numbers. The level of the sealant shall be flush with the surface of the existing pavement. All excess sealant shall be removed from the crack with a minimum of smearing or overlap onto adjacent pavement. -- - a DBE--04/22/02 Contract No. 3667-5 Page 1 33 of 143 - Add the following section. 302-11.5. Measurement and Payment. Quantities of full depth asphalt concrete patch, two-inch grind and patch, and crack sealing set forth in the bid items are for estimating purposes only, final quantity will be as designated and measured in the field. The Engineer will designate and mark the limits of the repair area. Full compensation for conforming to the requirements of these supplemental provisions and the SSPWC shall include, but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work including, but not be limited to, sawcutting, removing and disposing of grindings, providing asphalt concrete, aggregate basehubbase and basement soil as designated by the engineer, street sweeping, placement of asphalt concrete, compaction of subbase and asphalt concrete, placement of SS-lh asphalt emulsion, and all other work incidental to the pavement repair shall be considered as included in the contract unit price bid and no additional compensation will be allowed therefor. Full compensation for conforming to the requirements of crack sealing shall include but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals necessary to do the work. Crack cleaning, roadway clean up, application of sealant, removal of excess sealant and all other work incidental to crack sealing shall be considered as included in the contract unit price bid and no additional compensation will be allowed therefor. SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION - 306-1 OPEN TRENCH OPERATIONS Add the following section: _I 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. 3. 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 (krnh) + SLOPE X 1001 X LANES 1000 a PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER +SPEED (rnph) + SLOPE X 1001 X LANES 1000 5 where: PS = plate score. ADT = average daily traffic as defined in the CALTRANS Traffic Manual. EWL = equivalent wheel loads as defined in the CALTRANS Traffic Manual. DAYS = total number of 24 hour periods during which the plates will be utilized at the site being considered. -. - DBE--04/22/02 - Contract No. 3667-5 Page 1 34 of 143 WEEKEND = NIGHTS = WEATHER = SPEED - - - SLOPE - - LANES - 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 bridg- ing. 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 not be limited to, detouring traffic, construction detour routes, tunneling, boring and other methods of trenchless construction. Unless specifically noted in the provisions of the Engineer’s approval, the use of steel plate bridging at each location so approved shall not exceed four (4) consecutive working days in any given week. Add the following section: 306-1.1.7.2 Additional Requirements. In all cases when the depth of the trench exceeds the width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety regulations require or the Engineer determines that shoring is necessary to protect the health or safety of workers or the public the Contractor shall install shoring conforming to Section 7-10.4.1 of the Standard Specifications. The trench shoring shall be designed and installed to support the steel plate bridging and traffic loads. All approvals for design, substitution of materials or methods shall be submitted by the Contractor in accordance with all provisions of section 2-5.3 Shop Drawings and Submittals. The Contractor shall backfill and resurface excavations in accordance with section 306-1 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 b) Steel plates used for bridging must extend a minimum of 610 mm (2’) beyond the edges of c) Steel plate bridging shall be installed to operate with minimum noise. sole discretion of the Engineer, it is approved as specified hereinbefore. the trench. When the use of steel plate bridging and shoring is approved by the Engineer, the Contractor shall install using either Method (1) or (2) depending on the design speed of the portion of street where the steel plate bridging is proposed for use. -- a DBE--04/22/02 Contract No. 3667-5 Page 135 of 143 - 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) . __ Maximum Trench Width (’) 0.3 m (10) 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 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. - (12” x 92’) steel bolts placed through the plate and driven into holes drilled 300 mm (12”) into the -. - Minimum Plate Thickness 13 mm (l/$) 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) 0.8 m (31”) 1 .O m (41”) 1.6 m (63”) 22 mm (’/<I -_ 25 mm (1”) 32 mm (1 ‘$4’’) 0.6 m (23) I 19 mm (V<) Steel plate bridging shall be steel plate designed to support the HS20-44 truck loading per CALTRANS Bridge Design Specifications Manual. The Contractor shall maintain a non-skid surface on the steel plate with no less than a coefficient of friction of 0.35 as determined by California Test Method 342. If a different test method is used, the Contractor may utilize standard test plates with known coefficients of friction available from the CALTRANS District 11 Materials Engineer to correlate skid resistance results to California Test Method 342. In addition to all other required construction signing, the Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging. -. - _. DBE--04/22/02 Contract No. 3667-5 Page 136 of 143 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. 306-1.5 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. SECTION 310 - PAINTING 31 0-5 PAINTING VARIOUS SURFACES. 31 0-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Plans, or for approved temporary detours essential for safe control of traffic through and around the construction site. The Contractor shall remove by grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings. 31 0-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Manual, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm (‘/8))) in 3 m (10’) when measured parallel to the centerline of the street or more than 6 mm (’/;) in 3 m (1 0’) when measured perpendicular to the centerline of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. @ DBE--04/22/02 Contract No. 3667-5 Page 137 of 143 - 31 0-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: Immediately - prior to overlay, the Contractor shall remove all Thermoplastic pavement markings and Thermoplastic striping by grinding methods. The Contractor shall NOT use dry or wet sandblasting. Alternate methods of removal require prior approval of the Engineer. Obliteration of pavement markings or striping with black paint, asphalt emulsion, oil or any other masking method is not permitted. 31 0-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contractor shall establish the necessary control points for all required pavement striping and markings by establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than 80mm per 100m (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate striping which deviates more than 80mm per 100m (112 inch in 50 feet) by grinding, and then correcting the striping. I -- surveying methods. No layout of traffic striping shall be performed by the Contractor before - __ 310-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contractor shall lay out (cat track) all striping at least 24 hours prior to first coat of paint. The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer. The asphalt concrete overlay shall cure for at least 24 hours prior to first coat of paint. A second coat of paint shall be applied to all striping seven (7) days after the first coat of paint is applied. The Contractor shall paint the ends of each median nose yellow. One coat of paint shall be applied immediately after overlay for crosswalks, pavement legends, arrows, limit lines, etc., before thermoplastic is applied. - Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. 310-5.6.10 Measurement and Payment. Modify the first paragraph as follows: Final and temporary traffic striping, curb markings and pavement markings as shown on the plans and required by the specifications shall be included in the unit bid prices for temporary and final traffic striping, and no additional compensation will be allowed therefor. Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and no additional compensation will be allowed therefor. The unit bid prices bid and shall include all labor, tools, equipment, materials, and incidentals for doing all work in installing the final and temporary traffic striping. Add the following section: 31 0-5.6.1 1 Preformed Thermoplastic Pavement Markings. For asphalt concrete pavement the Contractor shall be apply preformed thermoplastic pavement markings using the propane torch method recommended by the manufacturer. The preformed thermoplastic pavement markings shall not be applied at ambient and road temperatures below 08 C (328 F). The Contractor shall clean, dry and remove all debris from the pavement before applying preformed thermoplastic pavement markings. For portland cement concrete pavement the Contractor shaU use the same application procedure as described for asphalt concrete pavement. However, at the Contractor's option a compatible primer sealer may be applied before application to assure proper adhesion. -- a DBE--04/22/02 Contract No. 3667-5 Page 138 of 143 - Add the following Section: 31 0-7 PERMANENT SIGNING Add the following Section: 31 0-7.1 General. Add the following section: The Contractor shall provide and install all permanent traffic control signs at locations shown on plans and as specified herein. .-- -- Add the following section: 31 0-7.2 Measurement And Payment. Permanent signing and appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for permanent signing and payment therefor shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in supplying and installing permanent signing and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT. Add the following to the third paragraph: 4) When being installed on asphalt concrete pavement sooner than 14 days after placement of the asphalt concrete pavement course on which the pavement markers are to be placed. . -. Add the following section: 31 2-1.1 Reflective Channelizer Placement and Removal. The Contractor shall place and remove reflective channelizers the same as for pavement marker placement and removal. The Contractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on curved alignment to the same tolerances of position as for application of paint in section 310-5.6.8. The Contractor shall perform all layout work necessary to place the channelizers to the proper alignment. 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. When reflective channelizers are removed the pavement surface shall be restored to the same color and surface finish as the adjacent pavement. .- - 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 appurtenances to public traffic. a DBE--04/22/02 Contract No. 3667-5 Page 139 of 143 31 3-1.2 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. Reflective pavement markers used in place of the removable-type pavement markers shall conform to the section 31 2 “Pavement Marker Placement and Removal”, except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in section 312-1 “Placement”, shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. 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 in section 312-1, “Placement.” 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 4-1.5, “Certification”. 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: 31 3-2 TEMPORARY TRAFFIC SIGNING. Add the following section: 31 3-2.1 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. a DBE--04/22/02 Contract No. 3667-5 Page 140 of 143 - - 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 21 0-1.5 “Paint Systems” and 31 0 “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. 31 3-3.1.2 Manufacture of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be manufactured per CALTRANS Standard Drawing T3. 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 and shall have a 75 mm (3) diameter by 9 mm (3/8))) thick plate welded on the upper end with a 5-mm (3/1611) 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 in height and shall be located not more than 300 mm above the bottom of the rail panel. - I 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 CALTRANS Standard Drawing T3. 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 (10’) 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 CALTRANS Traffic Manual 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. ___ - c DBE--04/22/02 Contract No. 3667-5 Page 141 of 143 - - Add the following section: 31 3-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall be “Energite 111” 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 CALTRANS 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 (TSFCC) 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 CALTRANS Standard DrawingsT1 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 CALTRANS Traffic 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. - - Manual shall also be installed at each TSFCC array as shown in CALTRANS Standard Drawings T1 _. - Add the following section: 31 3-4 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 therefor shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, 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 relocation of K-rails and crash cushions when not shown on the plans and requested by the Engineer shall be made per section 3-3, Extra Work, SSPWC. - installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing, -_ -. - e DBE--04/22/02 Contract No. 3667-5 Page 142 of 143 c APPENDIX “A” RESIDENT NOTIFICATION EXAMPLE CITY OF CARLSBAD ROAD WORK ABC CONTRACTORS OFFICE # (76O)XXX-XXXX FIELD # (76O)XXX-XXXX 3ear resident: 4s 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 wer the existing roadway surface. This construction will require the :losing of your street to through traffic for one day. Your street, from XYi St. to XYZAve. will be closed to through traffic and resurfaced on: MON. TUE. WED. THU. FRI. DATE: from 7:OOA.M. to 5:OO P.M. If you don’t plan to leave your home by 7:OO A.M. on the above datc please park your car on an adjacent street in your neighborhood that wil not be resurfaced. Streets scheduled for resurfacing can be determinec by calling either the Contractor or the City of Carlsbad Engineerinc Inspection Department. When walking to and from your car, remembei not to walk on the newly overlaid street or you will have black residue or the bottom of your shoes. Please do not drive, walk on, walk pets, play or skate on the new asphalt concrete. Also, please refrain from waterinc your lawns, washing cars, etc., until 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 foi the city and you may call them at (760) XXX-XXXX if you have an] questions regarding the project. Resurfacing of your street will not occui on the day your trash is collected. Mail delivery may be delayed if thc postman cannot reach the mailbox that day. If you have a mavin{ company scheduled for that day please call and inform the Contractor o the date. If you have any concerns which cannot be addressed by thc Contractor, you may call the City‘s Engineering Inspection Department a Thank you for your cooperation as we work to make Carlsbad i better city. 602-2780. a DBE--04/22/02 Contract No. 3667-5 Page 143 of 143 CUR8 CH BERM. lltM I 2 h 'L' PER PLAN RIPTICIN ACE - RTXFL TEE. mPE-fl TAPPEOCO NNECTIO N. -I- ll .FINISHED SURFACE I 1. SEE SPECIFICATIONS FOR UD PAINTING REQUIREMENTS. 4'AND 6' BLOW-OFF ASSEMBLY A- - 1 I- C c lr c c m- I- PLAN I SECTION A-A DOMESTIC WATER SECTION: 8-8 RECLAIMED WATER NOTES: I . IN NON- ROAD AREAS PLACE GUARD 2 . SEE DRAWING NQ 2 FOR GATE VALVE POST NEXT TO VkVE BOX ASSEMBLY EXTENSION. __ AS D'RECTED BY THE E'j"EER(SEE 3. UPPER SlOE OF LID TO RECUVE 2 COATS DRAWING NO. 22). OF RUNT. SEE spEx31FK3" FOR SECTION C-C NOTES: ALL CAST IN PLACE CONCRETE SHAU BE TYPE 564-0-3000. ALL PIPE IN ACCESSHOLE SHALL BE W.C OR VITRIFIED CUYPIPEANDSHALLBE INCUJDED AS PART OF ACCESSHOLE. MANHOLE FRAME AND JoINls To EStT IN cLAss"m. 7 ACCESSHOLE I I I I I APPENDIX B WAIS Document Retrieval Page 1 of 22 GENERAL DECISION CA020001 03/07/2003 CAI Date: March 7, 2003 General Decision Number CA020001 Superseded General Decision No. CAOlOOOl State: California Construction Type: BUILDING DREDGING HEAVY HIGHWAY RESIDENTIAL County(ies) : SAN DIEGO BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS; RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories) Modification Number 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 COUNTY (ies) : SAN DIEGO ASBE0005B 08/05/2002 Publication Date 03/01/2002 03/08/2002 03/29/2002 04/19/2002 05/10/2002 06/07/2002 06/28/2002 07/05/2002 07 /19/2002 08/02/2002 08/09/2002 08/23/2002 09/06/2002 09/20/2002 10/04/2002 10/25/2002 11/08/2002 12/13/2002 01/03/2003 01/10/2003 01/17/2003 03/07/2003 Rates Fringes Includes the application insulating materials, protective coverings, coatings, and finishings of all - http://~ebgate.access.gpo.gov/cgi-bi~getdoc.cgi?dbn~e=Davis-Bacon&docid=CA020~ ... 04/29/2003 WAIS Document Retrieval - Page 2 of 22 I. I * ASBE0005D 01/01/2003 Rates Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechnical systems, wheather they contain asbestos or not: HAZARDOUS MATERIAL HANDLER 15.75 Fringes 2.55 BRCA0018F 12/01/2000 TERRAZZO WORKER Rates 26.78 Fringes 5.34 CARP0002B 07/01/2001 Rates Fringes DIVERS : Diver, wet Diver, stand-by Diver tender 486.08 per day 5.61 243.04 per day 5.61 235.04 per day 5.61 -- CARP0002L 07/01/2002 Rates Fringes WORK MEETING ANY OF THE FOLLOWING CRITERIA: 1) A residential wood frame project of any size; 2) Interior tenant improvement work, regardless of the size of the project; and 3) Any wood frame project of four stories or less: CARPENTER 18.32 5.18 ALL OTHER WORK: - http://fn?lebgate.access.gpo.gov/cgi-bi~getdoc.cgi?dbn~e=Davis-Bacon&docid=CA020~ ... 04/29/2003 WAIS Document Retrieval Page 3 of 22 CARPENTER MILLWRIGHT PILEDRIVER 22.90 5.18 23.85 5.10 23.48 5.10 CARP0002U 07/01/2001 Rates Work on wood framed construction of single family residences, apartments or condominiums under four (4) stories: DRYWALL INSTALLER/LATHER 19.00 DRYWALL STOCKER/SCRAPPER 9.28 Fringes 5.18 5.42 CARP0003H 08/01/2002 Rates Fringes MODULAR FURNITURE INSTALLER 14.00 5.16 FULL WALL TECHNICIAN 20.14 5.16 MOBILE FILING SYSTEM INSTALLERS 13.10 4.66 ____________________-------------------------------------------- ELEC0569A 12/01/2002 Rates Fringes All other residential and building construction: ELECTRICIAN CABLE SPLICER 30.21 3%+6.67 30.96 3%+6.67 ELEC0569E 06/01/2001 Rates Work on family residences, single family homes, duplexes, condominiums, apartments that do not exceed three (3) stories: Fringes ELEC0569F 07/01/2001 SOUND TECHNICIAN TELEPHONE INTERCONNECT SOUNDMAN TECHNICIAN Rates 19.98 16.59 14.98 Fringes 3%+5.14 3%+5.14 3%+4.22 SOUND TECHNICIAN: Terminating, operating and performing SOUNDMAN: Wire-pulling, splicing, assembling and final check-out -- installing devices - SCOPE OF WORK Assembly, installation, operation, service and maintenance of components or systems as used in closed circuit television, - http://fn?rebgate.access.gpo.gov/cgj-bi~getdoc.cgi?dbn~e=Davis-Bacon&docid=CA020~ ... 04/29/2003 WAIS Document Retrieval Page 4 of 22 amplified master television distribution, CATV on private property, intercommunication, burglar alarm, fire alarm, life - support and all security alarms, private and public telephone and related telephone interconnect, public address, paging, audio, language, electronic, background music system less than line voltage or any system acceptable for class two wiring for private, commercial, or industrial use furnished by leased wire, frequency modulation or other recording devices, electrical apparatus by means of which electricity is applied to the amplification, transmission, transference, recording or reproduction of voice, music, sound, impulses and video. Excluded from this Scope of Work - transmission, service and maintenance of background music. All of the above shall include the installation and transmission over fiber optics. ________________________________________------------------------ ELEC0569G 07/01/2001 Rates Fringes Work on street lighting: traffic signals; and underground systems and/or established easements outside of buildings: Utility technician #1 16.38 3%+2.99 Utility technician #2 10.56 3%+2.49 STREET LIGHT & TRAFFIC SIGNAL WORK: UTILITY TECHNICIAN #1: Installation of street lights and traffic signals, including electrical circuitry, programmable controller, pedestal-mounted electrical meter enclosures and laying of pre-assembled cable in ducts. The layout of electrical systems and communication installation including proper position of trench depths, and radius at duct banks, location for manholes, street lights and traffic signals. - UTILITY TECHNICIAN #2: Distribution of material at jobsite, installation of underground ducts for electrical, telephone, cable TV land communication systems. The setting, leveling, grounding and racking of precast manholes, handholes and ELEC1245A 06/01/2002 Rates Lineman; Cable splicer 33.16 Equipment specialist (operates crawler tractors, commercial trenchers, cranes (50 tons and below), and overhead and underground distribution line equipment) 28.19 LINE CONSTRUCTION - motor vehicles, backhoes, Fringes 4.5%t7.08 4.5%+6.80 Y Y Y Y WAIS Document Retrieval Page 5 of 22 ELEV0018A 09/15/2001 ELEVATOR MECHANIC Rates Fringes 33.695 7.455 FOOTNOTE : Vacation Pay: 8% with 5 or more years of service, 6% for 6 months to 5 years service. Paid Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day Friday after, and Christmas Day. -. and ENGI0012B 06/16/2002 POWER EQUIPMENT OPERATORS: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 GROUP 7 GROUP 8 GROUP 9 GROUP 10 GROUP 11 GROUP 12 GROUP 13 GROUP 14 GROUP 15 GROUP 16 GROUP 17 GROUP 18 GROUP 19 GROUP 20 GROUP 21 CRANES, PILEDRIVING & HOISTING: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 GROUP 7 GROUP 8 GROUP 9 GROUP 10 GROUP 11 GROUP 12 GROUP 13 Rates 27.85 28.63 28.92 30.21 30.43 30.54 30.66 30.83 30.93 30.96 31.04 31.16 31.33 31.43 31.54 31.66 31.83 31.93 32.04 32.16 32.33 29.00 29.78 30.07 30.21 30.43 30.54 30.66 30.83 31.00 32.00 33.00 34.00 35.00 POWER EQUIPMENT OPERATORS - TUNNEL: GROUP 1 30.28 GROUP 2 30.57 GROUP 3 30.71 Fringes 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 -. 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 - http://fn?lebgate.access .gpo.gov/cgi-b~getdoc.cgi?dbn~e=Davis-Bacon&docid=CA020~... 04/29/2003 WAIS Document Retrieval Page 6 of 22 GROUP 4 .. GROUP 5 GROUP 6 GROUP 7 - 30.93 31.04 31.16 31.46 11.85 11.85 11.85 11.85 - FOOTNOTES: Premium pay of $2.75 per hour shall be paid on all power equipment operator work within the boundaries of Camp Pendleton. environment: $1.00 per hour additional. be classified as a concrete mobile mixer operator. . _. Workers required to suit up and work in a hazardous material Combination mixer and compressor operator on gunite work shall c POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch witch, .c with seat or similar type equipment; Elevator operator-inside; Engineer oiler; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman - GROUP 2: Asphalt-rubber plant operator (nurse tank operator); Concrete mixer operator - skip type; Conveyor operator; Fireman; Hydrostatic pump operator; Oil crusher (asphalt or concrete plant); PJU side dump jack; Screening and Conveyor machine operator (or similar types); Skiploader (wheel up to 3/4 yd. without attachment); Tar pot 'fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt-rubber blend operator; Skid steer (loader; attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator - - Equipment greaser (rack); Ford Ferguson (with dragtype L GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete), chip spreading machine operator;, Cconcrete cleaning decontamination machine operator; Concrete pump operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Guard rail post driver operator; Highline cableway signalman; Horizontal directional drilling machine; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power -driven jumbo form setter operator; Power sweeper operator; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.) Vacuum or muck truck GROUP 5: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator; Deck engine operator; Derrick (oilfield type); Drilling machine operator, bucket or auger types cCalweld 100 bucket or similar types - Watson 1000 auger or I - similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator (including water well drilling); Equipment greaser (grease truck), Hydrographic seeder machine operator (straw, pulp or seed); Jackson track maintainer, or similar type; Kalamazoo - operator (canal and similar type); Dandy digger; Concrete planer http://frwebgate.access .gpo.gov/cgi-bin/gCA020~... 04/29/2003 WAIS Document Retrieval Page 7 of 22 -_ switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator; Mechanical berm, curb or gutter (concrete or asphalt), Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar); Pavement breaker operator (truck mounted), Road oil mixing machine operator; Roller operator (asphalt or finish); Rubber-tired earth-moving equipment (single engine, up to and including 25 yds. struck), self- propelled tar pipelining machine operator; Skiploader operator (Crawler and wheel type, over 3/4 yd. and up to and including 1- 1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor'operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 6: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber-Greene or similar type); Asphalt-rubber distributor operator; Backhoe operator (up to and including 3/4 yd.), small Ford, Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill doctor; Drilling machine operator, bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000, 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar typel; Loader operator (Athey, Euclid, Sierra and similar types0; Ozzie padder or similar types; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pumpcrete gun operator; Rotary drill operator (excluding caisson type); Rubber-tired earth-moving equipment operator (single engine, Caterpillar,Euclid, Athey wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber- tired scraper operator (self-loading paddle wheel type - John Deere, 1040 and similar single unit); Self-propelled curb and gutter machine operator; skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5- 100 flywheel h.p. and over, or similar - bulldozer, tamper, scraper and push tractor, single engine); Tractor operator (boom attachments); Traveling pipe wrapping, cleaning and bending machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); Ultra High pressure waterjet cutting tool system mechanic GROUP 7: Drilling machine operator, bucket or auger types (Calweld 200 B bucket or similar types - Watson 3000 or 5000 auger or similar types - Texoma 900 auger or similar types - drilling depth of 105' maximum); Dual drum mixer; Dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol-blade operator (single- http://Erwebgate.access.gpo.gov/cgi-bin/is-Bacon&docid=CA020~ ... 04/29/2003 WAIS Document Retrieval Page 8 of 22 engine); Multiple-engine tractor operator (Euclid and similar type-except Quad 9 cat.); Pre-stressed wrapping machine operator; - Rubber-tired earth-moving equipment operator (single-engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator (multiple-engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds.); Tower crane repairman; Tractor loader operator (Crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 8: 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 - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator (less than 750 cu. yds.); Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth-moving equipment operator (multiple-engine, Euclid, caterpillar and similar type, over 50 cu. yds. struck), Rubber-tired self-loading scraper operator (paddle-wheel auger type self-loading-two (2) or more units) GROUP 9: Rubber-tired earth-moving equipment operator operating equipment with push-pull system, (single-engine, up to and including 25 yds. struck) ,- GROUP 10: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); wheel excavator operator (over 750 cu. yds.) GROUP 11: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, caterpillar, Euclid, Athey wagon, and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple-engine - up to and including 25 yds. struck) GROUP 12: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single-engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple-engine, Euclid, caterpillar and similar, over 25 yds. and up to 50 yds. -- - st ruck 1 GROUP 13: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple-engine, Euclid, caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler-type tractors in tandem- Quad 9 and similar type) GROUP 14: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units-single engine, up I ,-- _- - to and including 25 yds. struck) GROUP 15: Rotex concrete belt operator (or similar type); Rubber- tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, http://frwebgate.access.gpo.gov/cgi-bin/is-Bacon&docid=CA020~ ... 04/29/2003 WAIS Document Retrieval excluding compaction units - single-engine, caterpillar, Euclid, Athey wagon and similar types with any and all attachments over 25 yds. and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple-engine, up to and including 25 yds. struck) GROUP 16: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single-engine, over 50 yds. struck), rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, caterpillar and similar, over 25 yds. and up to 50 yds. struck GROUP 17: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple-engine, Page 9 of 22 -. - -. --_ - Euclid, caterpillar and similar, over 50 cu. yds. struck) GROUP 18: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 19: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single- engine, caterpillar, Euclid, Athey wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple-engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single- engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple-engine, Euclid, caterpillar and similar type, over 50 cu. yds. struck) POWER EQUIPMENT OPERATORS - CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler, fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator, Ross carrier operator ( jobsite) GROUP 4: Bridge-type unloader and turntable operator, helicopter hoist operator http://~ebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CAO20~ ... 04/29/2003 WAIS Document Retrieval Page 10 of 22 2- I GROUP 5: 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 operator, polar gantry crane operator, shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc), tugger hoist operator (2 drum) GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc), tower crane repair, tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity), crawler transporter operator, derrick barge operator (up to and including 25 ton capacity), hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity), shovel, backhoe, dragline, clamshell operator (over 7 cu. yds. mrc) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc), derrick barge operator (over 25 tons up to and including 50 tons mrc), highline cableway operator, hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc), K-crane operator, polar crane - -- operator GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc), derrick barge operator (over 50 tons up to and including 100 tons mrc), hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), mobile tower crane operator (over 50 tons, up to and including 100 ton M.R.C.), tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc), derrick barge operator (over 100 tons up to and including 200 tons mrc), hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc), mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc), derrick barge operator (over 200 tons up to and including 300 tons mrc), hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc), mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons), derrick barge operator (over 300 tons), helicopter pilot, hoist operator, stiff legs, Guy derrick or similar type (over 300 tons), mobile tower crane operator (over 300 tons) -- POWER EQUIPMENT OPERATORS - TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) -- http ://he bgate. access. gpo. godcgi- bidgetdoc .cgi?dbname=Davis-Bacon&docid=CA020~. . . 04/29/2003 WAIS Document Retrieval Page 11 of 22 GROUP 2: Power-driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms; Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repair person; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons 1 GROUP 6: Heavy-duty repairman I. - I ENGI0012D 08/01/2002 POWER EQUIPMENT OPERATORS: Rates Fringes DREDGING : Leverman 34.65 11.85 Dredge dozer 31.18 11.85 Dec hat e 31.07 11.85 Winch operator (stern winch on Fireman; deckhand and bar geman 29.98 11.85 Barge mate 30.59 11.85 dredge ) 30.52 11.85 ................................................................ IRONOOOlF 07/01/2002 Rates Fringes IRONWORKERS: Fence erector 26.97 16.29 Ornamental, reinforcing and structural 26.86 16.29 LAB00089A 07/01/2002 Rates LABORERS : Wood or metal frame construction of single family residences, apartments and condominums - excluding (a) projects that exceed three Fringes - _- http://fn?rebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CAO20~ ... 04/29/2003 WAIS Document Retrieval Page 12 of 22 stories over a garage level, gas, water, sewer and other utilities and or paving work in the future street and public right-of-way; but including all rough grading work at the job site behind the existing right of way: (b) any utility work such as telephone, (c) any fine grading work, utility work Cleanup, landscaping, fencing (chain link and wood) 18.49 Other work on such projects 19.49 OTHER RESIDENTIAL AND BUILDING CONSTRUCTION LABORERS : GROUP 1 20.87 GROUP 2 21.42 GROUP 3 21.97 GROUP 4 23.52 GROUP 5 23.87 5.58 5.58 7.68 7.68 7.68 7.68 7.68 LABORER CLASSIFICATIONS e- -- GROUP 1: Cleaning and handling of panel forms; Concrete Screeding for Rought Strike-off; Concrete, water curing; Demolition laborer; Flagman; Gas, oil and/or water pipeline laborer; General Laborer; General clean-up laborer; Landscape laborer; Jetting laborer; Temporary water and air lines laborer; Material hoseman (walls, slabs, floors and decks); Plugging, filling of Shee-bolt holes; Dry packing of concrete; Railroad maintenance, Repair Trackman and road beds, Streetcar and railroad construction trac laborers; Slip form raisers; Slurry seal crews (mixer operator, applicator operator, squeegee man, Shuttle man, top man), filing of cracks by any method on any surface; Tarman and mortar man; Tool crib or tool house laborer; Window cleaner; Wire Mesh puling-all concrete pouring operations I - GROUP 2: Asphalt Shoveler; Cement Dumper (on 1 yard or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute man, pouring concrete, the handling of the cute from ready mix trucks, such as walls, slabs, decks, floors, foundations, footings, curbs, gutters and sidewalks; Concrete curer-impervious membrane and form oiler; Cutting torch operator packing rod steel and pans; membrane vapor barrier installer; Power broom sweepers (small); Riiprap, stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Tank sealer and cleaner; Tree climber, faller, chain saw operator, Pittsburgh Chipper and similar type brush shredders; Underground laborers, including caisson bellower GROUP 3: Buggymobile; Concrete cutting torch; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2 1/2 feet drill steel or longer; Dri Pak-it machine; High sealer (including mult-plate; Kettlemen, potmen and mean applying asphalt, lay- kold, creosote, line caustic and similar type materials (applying means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operators of pneumatic, - I (demoliton); Guinea chaser; Headboard man-asphlt; Laborer, I c - -. drilling of same); Hydro seeder and similar type; Impact wrench, http://frwebgate. access. gpo. godcgi-bidgetdoc .cgi?dbname=Davis-Bacon&docid=CA020~. . . 04/29/2003 WAIS Document Retrieval Page 13 of 22 gas, electric tools, vibratring machines, pavement breakers, air blasting, come-along, and similar mechanic1 tools not separately classified herein; Pipelayers back up man coating, grouting, making of joints, sealing, caulking, diapering and inclduing rubber gasket joints, pointing and any and all other services; Rotary Scarifier or multiple head concrete chipping scaarifier; Steel header board man and guideline setter; . Tampers, Barko, Wacker and similar type; Trenching machine, hand propel led GROUP 4: Asphalt raker, luterman, ironer, apshalt dumpman and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), Grinder or sander; Concrete saw man; cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Laser beam in connection with laborer's work; Oversize concrete vibrator operator 70 pounds and over; Pipelayer performing all services in the lay8ing, installation and all forms of connection of pipe from the point of receiving pipe in the ditch until completion of oepration, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit, and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid, gas, air or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzleman), Porta shot-blast, water blasting GROUP 5: Blasters Powderman-All work of loading holes, placing and blasting of all pwder and explosives of whatever type, regardless of method used for such loading and placing; Driller- all power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power. ................................................................ LAB0008 9B 05/01/2002 BRICK TENDER Rates Fringes 19.00 8.24 FOOTNOTES: Work on refractory stack work in excess of 100 ft. in height:fifty cents ($0.50) per hour additional. Work on refractory work where extreme heat prevents continuous work: fifty ($0.50) per hour additional. Work with carbon brick, acid brick or phenolic mortar: fifty ($0.50) per hour additional. Work on a swinging scaffold above fifty ft.: thirty-five cents ($0.35) per hour additional. ................................................................ LABOO 0 8 9C 0 8 / 0 7 / 2 0 0 2 Rates RESIDENTIAL CONSTRUCITON (excluding North Island Naval Air Station, Cornado Naval Amphibious Base and Imperial Beach Naval Air Station) Work on single family homes, apartments and condominiums not Fringes .- -_ http://frwebgate.access.gpo.gov/cgi-bin/gcid=CA020~ ... 04/29/2003 WAIS Document Retrieval Page 14 of 22 exceeding three stories: PLASTER TENDER 21.00 - PLASTER CLEAN-UP TENDER LABORER 18.45 ALL OTHER RESIDENTIAL AND BUILDING CONSTRUCTION: PLASTER TENDER PLASTER CLEAN-UP LABORER 23.00 20.45 10.17 10.17 10.17 10.17 North Island Naval Air Station, Cornado Naval Amphibious Base and Imperial Beach Naval Air Station) Work on single family homes, apartments and condominiums not exceeding three stories: PLASTER TENDER 24.00 10.17 PLASTER CLEAN-UP TENDER LABORER 20.45 10.17 LAB00089D 07/01/2002 Rates Fringes HEAVY AND HIGHWAY CONSTRUCTION LABORERS : GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 1 GROUP 2 GROUP 3 GROUP 1 GROUP 2 GROUP 3 GROUP 4 c GUNITE WORK: TUNNEL WORK: LABORER CLASSIFICATIONS 20.85 21.20 21.45 21.85 18.91 19.21 19.41 19.21 19.41 19.66 7.58 7.58 7.58 7.58 7.18 7.18 7.18 7.18 7.18 7.18 GROUP 1: Laborer (general construction); Asphalt ironer - spreader; Boring machine tender; Carpenter tender; Caulker; Cesspool digger and installer; Chucktender (except tunnels); Concrete curer (impervious membrane and form oiler); Concrete water curing (excluding use of water trucks); Cutting torch operator (demolition); Driller's tender (caisson) including bellowers; Dri-pak-it machine, concrete cutting torch; Dry packing of concrete, plugging, filling of shee bolt holes; Fence erector; Fine grader on highways, streets and airport paving (sewer and drainage lines when e,mployed); Flag person; Form blower; Gas and oil pipeline laborer; Guinea chaser; Housemover; Jet; Landscape gardener and nursery; Packing rod steel and pans; Pipelayer's backup (coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other service railroad work); Laborer; Rigging http://frwebgate.access.gpo.gov/cgi-bin/docid=CAO2O,.. 04/29/2003 WAIS Document Retrieval Page 15 of 22 and signaling; Riprap stonepaver; Sandblaster (pot tender); Scaler; Septic tank digger and installer (lead); Tank scaler and cleaner; Tool shed checker; Window cleaner GROUP 2: Buggymobile; Cement dumper (on 1 yd. or larger mixers and handling bulk cement); Concrete saw (excluding tractor type), roto-scraper, chipping hammer, concrete core cutter, concrete grinder and sander; Cribber - shorer, lagging and trench bracing, hand-guided lagging hammer; Driller - all power drills, including jackhammer, whether Core, Diamond, Wagon, Track, multiple unit, and all types of mechanical drills without regard to the form of motive power; Driller (all other where drilling is for use of explosives); Gas and oil pipeline wrapper (pot tender and form); Gas and oil pipeline wrapper (6-inch pipe and over); Operator and tender of pneumatic, gas and electric tools, concrete pumps, vibrating machines, multi-plate impact wrench and similar mechanical tools not separately classified herein; Pipelayer (excludes all pressurized and vacuum piping) (performing all services outside the building line in the laying and installation of pipe from the point of receiving pipe until completion of the operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid, gas, air or other products whatsoever and without regard to the nature of material from which the tubular material is fabricated); Powder blasters' tender; Prefabricated manhole installer; Rock slinger; Sandblaster, waterblaster & nozzle operator); Scaler (using bos'n chair, safety belt); Steel headerboard; Tree climber, using mechanical tools; Welding in connection with laborer's work GROUP 3: Asphalt raker; Layton box spreader (or similar type) -- GROUP 4: Blasters Powderman-All work of loading holes, placing and blasting of all pwder and explosives of whatever type, regardless of method used for such loading and placing GUNITE LABORER CLASSIFICATIONS GROUP 1: Rebound man GROUP 2: Gun man GROUP 3: Nozzle man TUNNEL LABORER CLASSIFICATIONS GROUP 1: Bull gang, mucker, track; Chucktender, cabletender; Concrete crew (includes rodder and spreader); Dump; Grout crew; Tender for steel form raisers and setters; Mucker - tunnel (hand or machine); Nipper; Swamper (brake and switch on tunnel work); Vibrator, jackhammer, pneumatic tools (except driller) multi- plate impact wrench GROUP 2: Blaster, driller, powder; Cherry picker; Grout gun; Kemper and other pneumatic concrete placer operator; Miner in short dry tunnels under streets, highways and similar places; - Miner - tunnel (hand or machine); Powder (tunnel work); Steel -_ form raiser and setter; Timber, retimber wood or steel - http://frwebgate.access.gpo.gov/cgi-bin/docid=CA020~ ... 04/29/2003 WAIS Document Retrieval Page 16 of 22 GROUP 3: Powder - primer house (licensed) on tunnel work; Shaft and raise miner; Shifter; Blaster (licensed) all work of loading holes, placing & blasting all powder & explosives of whatever type regardless of method used for such loading and placing ______---_______------------------------------_----------------- LAB00882A 01/01/2003 ASBESTOS REMOVAL LABORER Rates 22.00 Fringes 7.90 SCOPE OF WORK: includes site mobilization, initial site clean-up, site preparation, removal of asbestos-containing material and toxic waste (including lead abatement and any other toxic materials), encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste (including lead abatement and any other toxic materials) by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers, and assembly of decontamination stations. ________________________________________------------------_----- LAB01184A 07/01/2002 LABORERS - STRIPING: GROUP 1 GROUP 2 GROUP 3 GROUP 4 Rates 20.65 21.50 23.82 26.02 Fringes 8.42 8.42 8.42 8.42 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of .pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and h~u://frwebg;ate.access .rz~o.eov/crri-binlnetdoc.cg;i?dbname=Davis-Bacon&docid=CA020~... 04/29/2003 Y "1 " Y Y Y WAIS Document Retrieval Page 17 of 22 PAIN0036D 07/01/2002 Rates Fringes BUILDING AND HEAVY CONSTRUCTION: PAINTER (includes lead abatement) 25.02 5.89 PAIN0036K 10/01/2002 RESIDENTIAL CONSTRUCTION: Applies to work performed on exterior and interior wood framing apartments, single family homes and multi-duplexes up to and including four stories: DRYWALL FINISHER All other residential work: DRYWALL FINISHER Rates 18.00 Fringes 4.26 -. .- I 20.40 7.28 PAIN0036N 01/01/2003 GLAZ I ERS Rates Fringes 27.35 8.69 PLAS0200E 08/07/2002 Rates Fringes NORTH ISLAND NAVAL AIR STATION; COLORADO NAVAL AMPHIBIOUS BASE; IMPERIAL BEACH NAVAL AIR STATION: PLASTERER 29.77 6.76 REMAINDER OF COUNTY: PLASTERER 26.77 6.76 PLAS0500A 06/30/2002 Rates Work shall include work inside the building line, meeting the following criteria: (1) a residential wood frame Fringes - http://frwebgate.access .gpo.gov/cgi-bin/CA020~... 04/29/2003 WAIS Document Retrieval ..- Page 18 of 22 project of any size IV or Type V construction work regardless the size of the project four stories or less . -- (2) work classified as Type 111, - (3) interior tenant improvement _I (4) Any wood frame project of I CEMENT MASON 21.97 (5) work classified as type I and CEMENT MASONS 23.62 I1 construction 4.80 4.80 PLAS 0 5 0 OE 0 6 / 1 6 / 2 0 02 - Rates Fringes ALL OTHER WORK: CEMENT MASONS 25.57 5.33 ________________________________________------------------------ - PLUM0016F 07/01/2002 Rates Fringes Work on strip malls, light commercial, tenant improvement and remodel work - PLUMBER; PIPEFITTER; STEAMFITTER 23.03 8.24 c Work on new additions and remodeling of single family homes, bars, restaurants, stores and commercial buildings, not to exceed 5,000 sq. ft. of floor space PLUMBER; PIPEFITTER; STEAMFITTER 28 92 9.44 - All other work: Camp Pendleton: -- STEAMFITTER; AIR PLUMBER; PIPEFITTER; CONDITIONING & REFRIGERATION 32.06 10.01 PLUMBER; PIPEFITTER; Remainder of County c STEAMFITTER 29.81 10.01 LANDSCAPE AND IRRIGATION WORK I PLUMBER; PIPEFITTER 23.27 9.56 PLUM0016K 07/01/2002 -- Rates WORK PERFORMED ON THE FOLLOWING STRUCTURES: a. One or two family dwellings units which are permitted to have a single exterior up to and -_ b. All multiple family dwelling L and including four stories; Fringes - http://frwebgate. access. gpo. gov/cgi-bidgetdoc. cgi?dbname=Davis-Bacon&docid=CA020~. . . 04/29/2003 WAIS Document Retrieval Page 19 of 22 -- c. Townhouses, condoniniums or similar structures with units stacked vertically up to and including four stories PLUMBERS AND PIPEFITTERS 24.31 7.42 ................................................................ * SFCA0669A 01/01/2003 Rates Work on one or two family dwellings; all multiple family dwelling units which are permitted to have a single exterior up to and including 4 stories; townhosues with units stacked vertically up to and including 4 stories; and group residential care facilities and protective care homes (sheltered housing), not to include nursing homes or ambulatory care facilities: SPRINKLER FITTER 18.19 SHEE0206A 08/01/2002 Rates CAMP PENDLETON both single and multi-family, where each unit is heated a. Existing residetial buildings, Fringes - .-- and/or cooled by a separate system b. New single family residential buildings including tracts. c. New multi-family residential buildings, not exceeding five stories of living space in height, provided each unit is heated or cooled by a separate system. Hotels and motels are excluded. 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 d. LIGHT COMMERCIAL WORK: Any sheet . -. All other residential work: SPRINKLER FITTER 24.25 9.10 Fringes - http://f~ebgate.access .gpo.gov/cgi-b~getdoc.cgi?dbn~e=Da~s-Bacon&docid=CA020~... 04/29/2003 WAIS Document Retrieval I^ - Page 20 of 22 .- conform to the occupants of commercial buildings, after completion of the building shell SHEETMETAL TECHNICIAN 17.83 All other Work SHEETMETAL WORKER 27.90 REMAINDER OF COUNTY both single and multi-family, where each unit is heated and/or cooled by a separate system b. New single family residential buildings including tracts. c. New multi-family residential buildings, not exceeding five stories of living space in height, provided each unit is heated or cooled by a separate system. Hotels and motels are excluded. d. LIGHT COMMERCIAL WORK Any sheet metal, heating and a. Existing residetial buildings, air conditioning work performed on a project where the total construction cost, excluding land, is under $1,000,000 e. TENANT IMPROVEMENT WORK: Any work necessary to finish interior spaces to conform to the occupants of commercial buildings, after completion of the building shell SHEETMETAL TECHNICIAN 17.83 2.52 11.00 2.42 All other Work SHEETMETAL WORKER 25.90 11.00 TEAM0036A 06/01/2002 Rates Fringes I -- TRUCK DRIVERS: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 GROUP 7 10.76 11.12 20.35 11.12 20.55 11.12 20.75 11.12 20.95 11.12 21.45 11.12 22.95 11.12 FOOTNOTE: HAZMAT PAY: Work on a hazmat job, where hazmat certification is required, shall be paid, in addition to the - classification working in, as follows: Levels A, B and C - +$1.00 per hour. Workers shall be paid hazmat pay in increments of four (4) and eight (8) hours. -- - TRUCK DRIVER CLASSIFICATIONS - http://~ebgate.access.gpo.gov/cgi-b~getdoc.cgi?dbn~e=Davis-Bacon&docid=CA020 ... 04/29/2003 W-mS Document Retrieval Page 21 of 22 -.. GROUP 1: Swamper; fuel person (fueler without trucks) -. . GROUP 2: Two-axle dump trucks; two-axle flat bed; bunkerman concrete pumping truck; industrial lift truck; forklift under 15,000 lbs GROUP 3: Two-axle water truck; three-axle dump truck; three- axle flat bed; erosion control nozzleman; dumpcrete truck less than 6 1/2 ydOO; forklift 15,000 lbs. and over; Prell truck; pipeline work truck driver; road oil spreader, cement distributor or slurry driver; bootman; Ross carrier GROUP 4: Off-road dump trucks under 35 tons mfg rated capacity; four axles but less than seven axles; low-bed truck and trailer; transit mix trucks under 8 yds.; three axle water trucks; erosion control drive; grout mixer truck; dumpcrete, 6- 1/2 yds. and over; dumpster trucks; DW lo's, 20's and over; fuel truck and dynamite; truck greaser; truck mounted mobile sweeper; winch truck, two axles GROUP 5: Off-road dump trucks 35 tons and over mfg rated capacity; 7 axles or more; transit mix trucks 8 yds. and over; A- frame trucks or Swedish crane; tireman, winch truck 3 axles or more GROUP 6: Off-road special equipment (including but not limited to water pull tankers, Athey wagons, DJB, B70 Euclids or like equipment) GROUP 7: Repairman _______-__-_----_----------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (ii) ) . In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ___________________--------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be : * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) -- I - http://~ebgate.access.gpo.gov/cgi-bin/gCA020~ ... 04/29/2003 WAIS Document Retrieval -- Page 22 of 22 ruling /- ..- On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an 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, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION - http://frwebgate.access.gpo.gov/cgi-bin/CA020~... 04/29/2003 - City of Carlsbad June 17,2003 ADDENDUM NO. 2 RE: PAVEMENT OVERLAY OF PALOMAR AIRPORT ROAD, EL CAMINO REAL AND PASEO DEL NORTE - CONTRACT NO. 3667-5 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your bid when your bid is submitted. -e KEVIN D IS Buyer Attachment ! I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 ~~ 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-2430 FAX (760) 602-8553 www.ci.carlsbad.ca.us Business License (760) 602-2495 Utility Billing (760) 602-2420 * @ Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464 CITY OF CARLSBAD - PAVEMENT OVERLAY OF PALOMAR AIRPORT ROAD, EL CAMINO REAL, AND PASEO DEL NORTE Contract No. 3667-5 Addendum No. 2 From: Jon Schauble, Project Manager Phone: (760) 602-2762 Fax: (760) 602-8562 No. of Pages: Date: June 16,2003 4 (including this page) Bid Opening Date: July 1, 2003 4:OO pm (unchanged) A. Sheet 13 (enclosed) has been added to the plan set for Drawing No. 404-6. B. A number of bid items have been added for the work on Sheet 13: Bid Item 40. Remove and Dispose of Existing AC and AB. 881 CY. Bid Item 41. Aggregate Base. 1,210 Tons. Bid Item 42. Conventional Asphalt Concrete. 486 Tons. Bid Item 43. AC Dike Type B per San Diego Regional Standard Drawing G-5. 410 LF. Bid Item 44. Sawcut. 365 LF. Bid Item 45. 12" wide, 2" deep AC Grind and Overlay. 130 LF. Bid Item 46. Coordinate with Caltrans and Replace Traffic Signal Loop Detectors Type E. 2 Each. Bid Item 47. Striping and Pavement Markings on Sheet 13. 1 Lump Sum. C. In Section 7-10.3.2 Maintaining Traffic, the following sentence has been added to the last paragraph: "During the entire construction, at least one paved traffic lane, not less than 12 feet wide, shall be open in each direction of travel on Jefferson Street." Contract No. 3667-5 Addendum No. 2 1 - City of Carlsbad June 10,2003 ADDENDUM NO. 1 RE: PAVEMENT OVERLAY OF PALOMAR AIRPORT ROAD, EL CAMINO REAL AND PASEO DEL NORTE, PROJECT NO.: 3667-5 Please include the attached addendum in the Notice to BiddedRequest for Bids you have for the above project. Please note change in due date for the above-mentioned bid. This addendum--receipt submitted . New date for bid opening is: TUESDAY, JULY 1,2003 Time remains the same: 4:OO p.m. acknowledged--must be included to your bid when your bid is @A EVlN DAVIS Buyer KD:jlk I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 1635 Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 602-2430 - FAX (760) 602-8553 www.ci.carlsbad.ca.us - Business License (760) 602-2495 - Utility Billing (760) 602-2420 Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464 @ CITY OF CARLSBAD PAVEMENT OVERLAY OF PALOMAR AIRPORT ROAD, EL CAMINO REAL, AND PASEO DEL NORTE t Contract No. 3667-5 Addendum No. I From: Jon Schauble, Project Manager Phone: (760) 602-2762 Fax: (760) 602-8562 No. of Pages: 2 (including this page) Date: June IO, 2003 Bid Opening Date: July 1 , 2003 4:OO pm (changed) A. The date of the bid opening has been changed to July 1, 2003. B. The first paragraph of Section 7-5 PERMITS on page 78 shall be changed to read (see attached sheet): “Delete the first sentence and add the following inllr: Except as specified herein the Contractor will obtain, at no & fees to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit@) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. ” Contract No. 3667-5 Addendum No. 1 1 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 vd all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is Jtisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of Completion” to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the ”Notice of Completion” and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 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 ($1,000). Execution of the Contract shall constitute agreement by the Agency and. Contractor that one thousand dollars ($ 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 ate shall not constitute a waiver of this paragraph or of any damages. SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. I 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: Except as specified herein the Contractor will obtain, at no fees to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways {except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits xidental 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. e-. eS OBE 04/22/02 ADDENDUM #1 Contract No. 3667-5 Page 78 of 143 ..