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Jerusalem Construction Inc dba Miramar General Engineering; 2017-05-10; PWS17-79TRAN
RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2017-0497841 111111111111 lllll 111111111111111 lllll lllll lllll lllll 111111111111111111 Oct 25, 2017 04:35 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $0.00 PAGES: 1 Space above this line for Recorder's use. PARCEL NO: NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full names of the undersigned are City of Carlsbad, a municipal corporation and Carlsbad Municipal Water District (CMWD), a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on Aug. 23, 2017. 6. The name of the contractor for such work or improvement is Jerusalem Construction, Inc., dba Miramar General Engineering. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. 4080-2, Barrio ADA/Pedestrian Improvements -Phase 2. 8. The street address of said property is at various locations in the City of Carlsbad. CITY OF CARLSBAD/ CMWD VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsba , 0 arlsbad Village Drive, Carlsbad, California, 92008; the City/Executive Manager of said City on · . D , 20 / r!, accepted the above described work as completed and ordered that a Notice of Completion be filed7. I declare under penalty of perjury that the foregoing is true and correct. Executed on A.:£. C}.~2ol~Z, at Carlsbad, California. ( er OF CARLSBAD/~MWD . ~t «Yb -~ Klllc zr2J1-JA_j~ BARBARA ENGLESON (_~ City Clerk Word\Masters\Forms\Notice of Completion (City) 3/9/98 CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Jerusalem Construction, Inc. dba Miramar General Engineering has completed the contract work required for Project No. 4080-2, Barrio ADA/Pedestrian Improvements -Phase 2. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS (Specify if City or CMWD) Street improvements (city) VALUE $163,607 CERTIFICATION OF COMPLETION OF IMPROVEMENTS ~nginee~Ja~ Date CITY MANAGER'S/EXECUTIVE MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk or Secretary to the Board of Directors is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad and Carlsbad Municipal Water District are hereby directed to commence maintaining the above described improvements. Kevin Cra or;t, City Manager I Executive Manager // ?'/ APPROVED AS TO FORM: CELIA BREWER, City Attorney By:~ Deputy City Attorney Date Q:\Public Works\PW Common\CAPITAL-ACTIVE\4080 -Barrio ADA Pedestrian lmprovements\PHASE 2 4080-2\API (Public Works).doc CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/O #1 Project No: 4080 Date Routed: Barrio ADA Improvements Proiect To: Construction Management & Inspection Department Head Finance Director'QM City Manager/Mayor Construction Management & Inspection On May 10, 2017, the City Manager awarded a Contract in the amount of $151,850 to Miramar General Engineering, Inc. for construction of the Barrio ADA Improvements Phase 2, Project No. 4080. The City Manager is authorized to award contracts in amounts not to exceed $175,000. The City Manager is also authorized to approve contract change orders if the value of the original contract plus any change orders does not exceed $175,000. COST ACCOUNTING SUMMARY: Original contract amount $151,350.00 Total amount this C/O $12,256.50 Total amount of previous C/O's $0.00 Total C/O's to date $12,256.50 New Contract Amount $163,606.50 Total C/O's as % of original contract 8.10% Contingency amount encumbered $0.00 Contingency increase / decrease $0.00 Contingency Subtotal $0.00 Total C/O's to date $12,256.50 Contingency balance -$12,256.50 This change order will be encumbered to the PO once the change order is fully executed. CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS FOR BARRIO ADA/PEDESTRIAN IMPROVEMENTS-PHASE2 CONTRACT NO. 4080-2 DBE PARTICIPATION Bid No. PWS17-79TRAN TABLE OF CONTENTS NOTICE INVITING BIDS ................................................................................................................... 5 CONTRACTOR'S PROPOSAL ......................................................................................................... 9 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ............................................................ 12 PUBLIC CONTRACT CODE ............................................................................................................ 16 NONCOLLUSION AFFIDAVIT ......................................................................................................... 18 DEBARMENT AND SUSPENSION CERTIFICATION ...................................................................... 19 NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS ........................................... 20 DISCLOSURE OF LOBBYING ACTIVITIES .................................................................................... 21 INSTRUCTIONS FOR COMPLETION OF SF-LLL .......................................................................... 22 DISCLOSURE OF LOBBYING ACTIVITIES .................................................................................... 22 BID SECURITY FORM .................................................................................................................... 29 BIDDER'S BOND TO ACCOMPANY PROPOSAL ........................................................................... 30 FEDERAL LOBBYING RESTRICTIONS .......................................................................................... 32 DISADVANTAGED BUSINESS ENTERPRISE (DBE) ..................................................................... 33 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS" AND "DESIGNATION OF OWNER OPERATOR/LESSOR AND_AMOUNT OF OWNER OPERATOR/LESSOR WORK" FORMS ............................................. 34 DESIGNATION OF SUBCONTRACTORAND_AMOUNT OF SUBCONTRACTOR'S BID ITEMS .... 36 DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERA TOR/LESSOR WORK ......................................................................................................... 37 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY .......................................................... 38 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ......................................... 39 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION ................................... .40 BIDDER'S STATEMENT RE DEBARMENT ..................................................................................... 41 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD ..................................................................... 42 CONTRACT PUBLIC WORKS ......................................................................................................... 44 LABOR AND MATERIALS BOND .................................................................................................... 50 FAITHFUL PERFORMANCE/WARRANTY BOND ........................................................................... 52 OPTIONAL ESCROW AGREEMENT FOR ...................................................................................... 54 SECURITY DEPOSITS IN LIEU OF RETENTION ........................................................................... 54 ., ~+J' DBE-02/29/2016 Contract No. 4080-2 Page 2 of 165 Pages SUPPLEMENTAL PROVISIONS SECTION 1 --TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS ................................................................................................................................ 58 1-2 DEFINITIONS ....... , ............................................................................................................. 58 1-3 ABBREVIATIONS ........ , ...................................................................................................... 59 SECTION 2 --SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS .............................................................................................................. 60 2-4 CONTRACT BONDS .......................................................................................................... 60 2-5 PLANS AND SPECIFICATIONS ......................................................................................... 61 2-9 SURVEYING ....................................................................................................................... 62 2-10 AUTHORITY OF BOARD AND ENGINEER. ...................................................................... 63 SECTION 3 --CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY .......................................................................... 64 3-3 EXTRA WORK .................................................................................................................... 64 3-4 CHANGED CONDITIONS .................................................................................................. 65 3-5 DISPUTED WORK .............................................................................................................. 65 SECTION 4 -CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP .................................................................................. 68 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. .................................... 69 SECTION 5 --UTILITIES 5-1 LOCATION .......................................................................................................................... 69 5-4 RELOCATION ..................................................................................................................... 69 SECTION 6--PROSECUTION, PROGRESS AND_ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK ............................... 70 6-6 DELAYS AND EXTENSIONS OF TIME. ............................................................................ 72 6-7 TIME OF COMPLETION ..................................................................................................... 72 6-8 COMPLETION AND ACCEPTANCE .................................................................................. 73 6-9 LIQUIDATED DAMAGES ................................................................................................... 73 SECTION 7 --RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE ...................................................................................................... 73 7-4 WORKERS' COMPENSATION INSURANCE. ................................................................... 73 7-5 PERMITS ............................................................................................................................ 7 4 7-7 COOPERATION AND COLLATERAL WORK. ................................................................... 74 7-8 PROJECT SITE MAINTENANCE. ...................................................................................... 74 7-10 PUBLIC CONVENIENCE AND SAFETY ............................................................................ 74 7-13 LAWS TO BE OBSERVED ................................................................................................. 79 ., f.., DBE-02/29/2016 Contract No. 4080-2 Page 3 of 165 Pages 7-15 REVAILING WAGE ............................................................................................................. 79 7-16 PUBLIC SAFETY ................................................................................................................ 79 7-19 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES ...................................... 81 7-20 SUBCONTRACTOR AND DBE RECORDS ....................................................................... 81 7-23 SUBCONTRACTING .......................................................................................................... 81 7-24 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS .......................................... 82 7-25 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS ......................... 82 SECTION 8 --FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL ........................................................................................................................... 83 SECTION 9 --MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK ......................................... 83 9-3 PAYMENT ........................................................................................................................... 83 9-4 BID ITEMS .......................................................................................................................... 84 SECTION 200 -ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS ...................................................................................... 87 SECTION 201-CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE ................................................................................... 88 201-4 CONCRETE CURING MATERILAS ................................................................................... 88 SECTION 203-BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE ....................................................................................................... 88 SECTION 301 -TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION ............................................................................................. 90 302-5 ASPHALT CONCRETE PAVEMENT. ................................................................................. 90 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS ............................................... 91 Appendix A: Grind Detail & Standard Drawings .............................................................................. 98 Appendix B: Carlsbad Standard Traffic Control Plan ..................................................................... 110 Appendix C: Resident Notification Example .................................................................................. 112 Appendix D: Federal Labor Standard Provisions ........................................................................... 115 Appendix E: Davis-Bacon Wage Determinations ........................................................................... 121 Appendix F: Housing & Urban Development (HUD) Section 3 ...................................................... 149 ., ~., DBE-02/29/2016 Contract No. 4080-2 Page 4 of 165 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00PM ON FEBRUARY 28, 2017, 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: removal and replacement of curb ramps and spandrels, concrete curb ramp lip grinding, installing detectable warning surfaces on pedestrian ramps, and reconstructing sidewalk. BARRIO ADA/PEDESTRIAN IMPROVEMENTS -PHASE 2 CONTRACT NO. 4080-2 BID NO. PWS17-79TRAN 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 ninety (90) days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the Public Works Department. The specifications for the work include the City of Carlsbad Engineering Standards and the Standard Specifications for Public Works Construction. 2015 Edition, all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's 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 (1 0) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 1 0263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the Escrow Agent. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: ., f.., DBE-02/29/2016 Contract No. 4080-2 Page 5 of 165 Pages 1 . Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work 6. Bidder's Statement of Financial Responsibility 7. Bidder's Statement of Technical Ability and Experience 8. Acknowledgement of Addendum( a) ENGINEER'S ESTIMATE 9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 10. Bidder' s Statement Re Debarment 11. Bidder's Disclosure of Discipline Record 12. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) 13. Sample Certificate of Insurance 14. Appendix F-HUD Section 3 Requirements (Fill out all forms and sign where required) 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. Actual quantities may be adjusted in the field in accordance with project funding limits, field conditions, and project timeline. The Engineer's Estimate is $159.800. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does involve federal funds. The following classifications are acceptable for this contract: A (General Engineering) or C-8 (Concrete). ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% reter:Jtion from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008- 7314, for a non-refundable fee of twenty dollars ($20) per set. If plans and specifications are to be mailed, the cost for postage should be added. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to ., f.., DBE-02/29/2016 Contract No. 4080-2 Page 6 of 165 Pages 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. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. DISADVANTAGED BUSINESS ENTERPRISES (DBE) This project has a goal of zero percent disadvantaged business enterprise (DBE) participation due to the extremely limited subcontracting opportunities for work of this size and scope. The City of Carlsbad affirms that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation. DAVIS-BACON PREVAILING WAGE TO BE PAID The Davis-Bacon rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Secretary of Labor. The wage determination and the Davis Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by workers. Wage determinations are included in Appendix "E" and from the U.S. Department of Labor's web site, www.dol.gov. See Appendix "E" for all Davis Bacon Requirements." Attention is directed to the Federal minimum wage rate requirements in the "Proposal and Contract" books. 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. PRE BID MEETING A pre-bid meeting and tour of the project site will not be held. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid . . , f.., DBE-02/29/2016 Contract No. 4080-2 Page 7 of 165 Pages Approximate Item Quantity Unit No. Description and Unit Price Total 5 Install 3'x4' Truncated Domes Only 3 EACH $ 750.00 $ 2,250 00 SDRSD G-30 at seven hundred and fifty dollars Dollars Each 6 Grind Concrete Ramp Lip Only 6 EACH $ 450.00 $ 2,100 00 Detail A at four hundred and fifty dollars Dollars Each 7 Remove and Replace Spandrel 4EACH $ 750.00 $ 3,000.00 SDRSD G-12 at seven hundred and fifty dollars Dollars Each 8 Install and Compact Class 2 10TON $ 55 QQ $ 550 QQ Aggregate Base as Directed by City at fi:fcy fiye dollars Dollars per Ton 9 Traffic Control and Public LS $ 5 950 00 Notification at five thousand nine hundred and fifty dollars Dollars (Lump Sum) ., f.., DBE-02/29/2016 Contract No. 4080-2 Page 1 0 of 165 Pages ADDITIVE ALTERNATIVES Additive Alternative items locations are in the general vicinity of the Base Bid items locations. Item No. Description A-3 Remove and Replace Curb Ramps SDRSD G-28 and G-29 at three thousand dollars Dollars Each A-6 Grind Concrete Ramp Lip Only Detail A at A-7 seven hundred and fifty dollars Dollars Each Remove and Replace Spandrel SDRSD G-12 at six hundred and fifty dollars Dollars Each A-10 Remove and Replace Cross Gutter SDRSD G-12 at sixteen dollars Dollars per Square foot Approximate Quantity and Unit 5 EACH 5 Each 5 EACH 800 SF Unit Price $ 3.000.00 $ 750.00 $ 650.00 $ 16 00 $ 15 000 00 5 $ 3,750 00 $ _ _.3.,.._,2 ...... s .... o ..... o"-Lo_ $ 12 800 00 Total amount of bid in words for Base Bid Items 1-9 only: one hundred and sixteen thousand five hundred and fifty dollars Total amount of bid in numbers for Base Bid Items 1-9 only: $ 116 550 oo The basis of award will be the sum of Base Bid Items 1-9 only. The City may include some or any quantities from some or any of the Additive Alternative items in the final contract, if in the best interests of the City. Price(s) given above are firm for ninety (90) days after date of bid opening. Addendum(a) No(s).,_L.,_ _____ _ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within ten (1 0) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited . . , f.~ DBE-02/29/2016 Contract No. 4080-2 Page 11 of 165 Pages The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 1 009541 , classification which expires on 12/31/2017 , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City§ 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code§ 20104. The Undersigned bidder hereby represents as follows: 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 --=B:.:..:id::..:d""e:.:..:rs=-=B=o:....:.nd=--______ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this proposal I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct. l'\ •+' DBE-02/29/2016 Contract No. 4080-2 Page 12 of 165 Pages EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder Miramar General Engineering , proposed subcontractor No subs , hereby certifies that he has_x_, has not __ , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EE0-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. ., ~., DBE-02/29/2016 Contract No. 4080-2 Page 15 of 165 Pages PUBLIC CONTRACT CODE PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has __ has not_x_ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes __ No_X_ If the answer is yes, explain the circumstances in the following space. l'\ •+' DBE-02/29/2016 Contract No. 4080-2 Page 16 of 165 Pages 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 . . , f.+r DBE-02/29/2016 Contract No. 4080-2 Page 17 of 165 Pages NONCOLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 71 06) BARRIO ADA/PEDESTRIAN IMPROVEMENTS -PHASE 2 CONTRACT NO. 4080-2 To the City of Carlsbad In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution . . , f..,-DBE-02/29/2016 Contract No. 4080-2 Page 18 of 165 Pages DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification . . , f..,-DBE-02/29/2016 Contract No. 4080-2 Page 19 of 165 Pages NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly . . , f.., DBE-02/29/2016 Contract No. 4080-2 Page 20 of 165 Pages DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 USC 1352 1. Type of Federal Action: ~ a. contract 2. Status of Federal Action: ~ a. bid/offer/application 3. Report Type: ~a. initial b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee year __ quarter ___ _ f. loan insurance date of last report ____ _ 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ~Prime 0 Subawardee Miramar General Engineering Tier , if known 8400 Miramar Rd., Suite 222A San Diego, CA 92126 Congressional District, if known Congressional District, if known 6. Federal Department/Agency: 7. Federal Program Name/Description: N/A N/A CFDA Number, if applicable 8. Federal Action Number, if known: 9. Award Amount, if known: N/A N/A 10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, Ml) address if different from No. 1 Oa) (last name, first name, Ml) N/A N/A (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) -a. retainer -0 Actual D planned $ N/A b. one-time fee -c. commission -d. contingent fee -e deferred - 12. Form of Payment (check all that apply): B a. cash b. in-kind; specify: nature _____ _ value _____ _ -f. other, specify N/A 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes 0 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only: Standard Form LLL Rev. 09-12-97 ., No li] Signature: -"' 2 d @==- Print Name: Ala Karaja Title: President Telephone No.: 858-251-4300 Date: 2/27/17 Authorized for Local Reproduction Standard Form-LLL ~~ DBE-02/29/2016 Contract No. 4080-2 Page 21 of 165 Pages INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1) Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2) Identify the status of the covered Federal action. 3) Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4) Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5) If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6) Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7) Enter the Federal program name or description for the covered Federal action (item 1 ). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8) Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9) For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10)(a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to 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). 11) Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 1 0). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12) Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13) Check the appropriate box(es). Check all boxes that apply. If other, specify nature . . , f.., DBE-02/29/2016 Contract No. 4080-2 Page 22 of 165 Pages 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 his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code) . . , \.., DBE-02/29/2016 Contract No. 4080-2 Page 23 of 165 Pages Exhibit 15-G Local Agency Bidder DBE Commitment (Construction Contracts) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM LOCAL AGENCY: Citx of Carlsbad LOCATION: Carlsbad CA PROJECT DESCRIPTION: Barrio 8D8L£edestrian ImpJ:llYements TOTAL CONTRACT AMOUNT: $ Not ):et awarded BID DATE: 2/28/17 BIDDER'S NAME: Miramar General Engineering CONTRACT DBE GOAL: 0% CONTRACT TEM OF WORK AND DESCRIPTION DBECERTNO. NAME OF EACH DBE pOLLAR AMOUNT TEMNO. pR SERVICES TO BE AND EXPIRATION (Must be certified on the date bid bBE SUBCONTRACTED OR MATERIALS DATE are opened -include DBE addres frO BE PROVIDED (or contracted if the and phone number) ~idder is a DBE) No For Local Agency to Complete: Total Claimed DBE $ 0.00 Local Agency Contract Number: Participation Federal-aid Project Number: 0 % Federal Share: Contract Award Date: // /~ ./ /" Local Agency certifies that all DBE certifications have been verified and Signature of Bidder information is complete and accurate. 2/28/17 858-251-4300 Date (Area Code) Tel. No. Print Name Signature Date Local Agency Representative Alex Karaja Person to Contact (Please Type or Print) (Area Code) Telephone Number: Local Agency Bidder DBE Commitment (Construction Contracts) (Rev 6/26/09) Distribution: (1) Original-City of Carlsbad files l' •+' DBE-02/29/2016 Contract No. 4080-2 Page 24 of 165 Pages PLEASE NOTE: This information may be submitted with your bid. If it is not, and you are the apparent low bidder or the second or third low bidder, it must be submitted and received as specified in the Special Provisions. Failure to submit the required DBE commitment will be grounds for finding the bid nonresponsive The form requires specific information regarding the construction contract: Local Agency, Location, Project Description, Total Contract Amount, Bid Date, Bidder's Name, and Contract DBE Goal. The form has a column for the Contract Item Number and Item of Work and Description or Services to be Subcontracted or Materials to be provided by DBEs. Prime contractors shall indicate all work to be performed by DBEs including, if the prime is a DBE, work performed by its own forces, if a DBE. The DBE shall provide a certification number to the Contractor and expiration date. Enter the DBE prime's and subcontractors' certification numbers. The form has a column for the Names of DBE contractors to perform the work (who must be certified on the date bids are opened and include the DBE address and phone number). IMPORTANT: Identify all DBE firms participating in the project regardless of tier. Names of the First-Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. There is a column for the DBE participation dollar amount. Enter the Total Claimed DBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the DBE, describe exact portion of time to be performed or furnished by the DBE.) See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions (construction contracts), to determine how to count the participation of DBE firms. Exhibit 15-G must be signed and dated by the person bidding. Also list a phone number in the space provided and print the name of the person to contact. Local agencies should complete the Local Agency Contract Award, Federal-aid Project Number, Federal Share, Contract Award Date fields and verify that all information is complete and accurate before signing and filing . . , f.., DBE-02/29/2016 Contract No. 4080-2 Page 25 of 165 Pages Exhibit 15-H DBE Information -Good Faith Efforts DBE INFORMATION -GOOD FAITH EFFORTS Federal-aid Project No. _....:.4=08=0~-2=----------Bid Opening Date ---'2..,_/..._28,.,_1 ...... 17...._ ___ _ The City of Carlsbad established a Disadvantaged Business Enterprise (DBE) goal of 0% for this project. The information provided herein shows that a good faith effort was made. Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the "Local Agency Bidder DBE Commitment" form indicates that the bidder has met the DBE goal. This will protect the bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the "Local Agency Bidder DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled "Submission of DBE Commitment" of the Special Provisions: 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 N/A 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 DBEs Solicited N/A ., \.+r DBE-02/29/2016 Date of Initial Solicitation Contract No. 4080-2 Follow Up Methods and Dates Page 26 of 165 Pages 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 Bidder Breakdown Amount Normally of Items ($) Performs Item Y/N) N/A Percentage of Contract D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Names, addresses and phone numbers of firms selected for the work above: N/A E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: N/A F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: N/A l' • ., DBE-02/29/2016 Contract No. 4080-2 Page 27 of 165 Pages G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency/Organization N/A Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): N/A NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY . . , "'-+' DBE-02/29/2016 Contract No. 4080-2 Page 28 of 165 Pages BID SECURITY FORM (Check to Accompany Bid) BARRIO ADA/PEDESTRIAN IMPROVEMENTS -PHASE 2 CONTRACT NO. 4080-2 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashier's check payable to the order of CITY OF CARLSBAD, inthesumof~~~~~~~~~~~~~~~~~~~~~~~~~ --------------:-,..,....---,------------dollars($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent ( 1 0%) of the total amount of the bid.) ., '-+' DBE-02/29/2016 Contract No. 4080-2 Page 29 of 165 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL BARRIO ADA/PEDESTRIAN IMPROVEMENTS -PHASE 2 CONTRACT NO. 4080-2 KNOW ALL PERSONS BY THESE PRESENTS: That we ,Jerusalem Construction Inc. dba Miramar General Engineeri~gas Principal, and Philadelphia Iniemnity Insurance Company I as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (1 0%} of the bid amount} ten percent of total amount bid for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: BARRIO ADA/PEDESTRIAN IMPROVEMENTS -PHASE 2 CONTRACT NO. 4080-2 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 ten (1 0) days from the date of award of Contract by 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill ~ f.., DBE---0212912016 Contract No. 4080-2 Page 30 of 165 Pages "' . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } County of San Diego On February 27, 2017 before me, Pam Davis , Notary Public, ----~~~-~~~~------~~~~~----~~------~~~~----Date Insert Name of Notary exactly as it appears on the official seal personally appeared Anne Wright ~ ~ COMM. #2lGSJ94 ~ fO NOTARY PUBLIC • CALIFORNIA ~ . (;omm;ss~NDIEGOCOUNTY ~ 1011 Expires Oct. 20, 2020 Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seaL -, Signature \., .:Z{t;r: ;~k ... /tt"-/<-- signature of Notary Public Pam Davis OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: --------------------------------------------------------------- DocumentDate: --------------------------------------Number of Pages: ________________ _ Signer(s) Other Than Named Above: ------------------------------------------------------ Capacity(ies) Claimed by Signer(s) Signer's Name: ------------------------ 0 Individual 0 Corporate Officer --Title( s): ________________ _ 0 Partner 0 Limited 0 General ltl Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other ______________ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: -------------------------- 0 Individual 0 Corporate Officer --Title(s): ________________ _ 0 Partner 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ______________ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here FEDERAL LOBBYING RESTRICTIONS Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Form -LLL, "Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes: 1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or 2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or 3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action . . , ~., DBE-02/29/20 16 Contract No. 4080-2 Page 32 of 165 Pages DISADVANTAGED BUSINESS ENTERPRISE {DBE) This project is subject to Part 200.321, Title 2, Code of Federal Regulations entitled "Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms." 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 Part 200.321, Title 2 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 Part 200.321, Title 2 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 200.321, Title 2 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 . . , f.., DBE-02/29/2016 Contract No. 4080-2 Page 33 of 165 Pages GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS" AND "DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK" FORMS REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the Supplemental Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization" and "Owner Operator/Lessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of these Supplemental Provisions. CAUTIONS These forms will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or owner operator/lessors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor or Owner Operator/Lessor licensed as a contractor by the State of California who the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of manpower and equipment that it proposes to use to complete the Work. Additional copies of the forms must be attached if required to accommodate the Contractor's decision to use more than one Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out. These forms must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. Neither the amount, in dollars, of work performed by the Bidder's own forces (as Contractor) nor the Bidder's overhead and profit for subcontracted items of the work is included to compute the percentage of the work performed by Subcontractors or Owner Operators/Lessors. When the Bidder proposes that any bid item will installed by a Subcontractor or Owner Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner Operator/ Lessor must be entered under the columns "Amount of Subcontracted Bid Item Including Subcontractor's Overhead & Profit" or " Amount of Owner Operator/Lessor Bid Item Including Owner Operator/Lessor's Overhead & Profit " unless the dollar amount of all work performed by any Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($1 0,000) whichever is greater. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit ., f.., DBE-02/29/2016 Contract No. 4080-2 Page 34 of 165 Pages Price, less the Bidder's overhead and profit, shall be multiplied by the Quantity of the bid item that the Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor, as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor or Owner Operator/Lessor installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor or Owner Operator/Lessor installing said item. The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets) shall be entered in the "Bid Item No." column. When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must be entered on the form. If the Subcontractor does not have a valid business license enter "NONE" in the appropriate space. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less than 1 00 percent of a bid item the Bidder shall attach an explanation sheet to the designation of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the Contract shall be determined by the City Council in conformance with the provisions of the Contract documents and the Supplemental Provisions. The decision of the City Council shall be final. ., f.., DBE-02/29/2016 Contract No. 4080-2 Page 35 of 165 Pages DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK -BARRIO ADA/PEDESTRIAN IMPROVEMENTS -PHASE 2 CONTRACT NO. 4080-2 The Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in preparing this bid for the Work and that the listed Owner Operator/Lessor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency. Full Owner Operator/Lessor Name: __.J.N..].!o~O~w!.!.n.!.loe<.!..r~O"-'p='lleo<.!.r.!d.at~owrfu.L~e:.>i!.s~so>!.!r ____________ _ Owner Operator/Lessor Location of Business -.L:W.~---------------- Street Address N/A City State Zip *Owner Operator/Lessor Telephone Number including Area Code: ...._---'--'-'N,../A_,__ _____ _ *Owner Operator/Lessor City of Carlsbad Business License No.: ___,~N~/"'"A...._ _________ _ Bid Item, No. OWNER OPERA TOR/LESSOR WORK ITEMS AmouhfofOWner ·· ·. , · ·.:"Amounfol worlt'tn·eid · · AmouritotCcinti'ilctor'.s operator/i.e : •····· ··< id t.tem'··· .... ,,~1~~rn. Pe~()@e~ l:>y . ... py~r~eticl·a·Pfitiiifi~·.aid .. l!'l<:ltl(fiij'g .. ···· ·er.. Contre~c~<RI;)tc:lp.~irlg. ··' r Item 6perat()f,T~~~~or's ·· pvertlead·&·'#rofit · · .. Overhead & Profit .·· .. :• , .... $ N/A $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Explanation: Column 1 -Bid Item No. from the bid proposal, pages 10 through 11, inclusive. Column 2 -The dollar amount of the item to be performed by the Owner Operator/Lessor. Column 3 -The dollar amount of the item to be performed by Contractor's own forces. · .. ·. Column 4 -The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Owner Operator/Lessor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages NN through NN, inclusive. Page _1_ of _1_ pages of this Owner Operator/Lessor form • Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." ., ~., DBE-02/29/2016 Contract No. 4080-2 Page 37 of 165 Pages BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) BARRIO ADA/PEDESTRIAN IMPROVEMENTS -PHASE 2 CONTRACT NO. 4080-2 Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. See attached Financial Statement & Balance Sheet ., \.+' DBE-02/29/2016 Contract No. 4080-2 Page 38 of 165 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) BARRIO ADA/PEDESTRIAN IMPROVEMENTS -PHASE 2 CONTRACT NO. 4080-2 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used . . , ~+f DBE-02/29/2016 Contract No. 4080-2 Page 39 of 165 Pages CITY OF CARLSBAD BARRIO ADA/PEDESTRIAN IMPROVEMENTS- PHASE 2 CONTRACT NO. 4080-2 BID NO. PWS17-79TRAN Addendum No. 1 From: Emad Elias, Assistant Engineer Phone: (760) 602-7558 emad.elias@carlsbadca.gov 1635 Faraday Ave Carlsbad, CA 92008 No. of Pages: 1 (including this page) Date: February 21, 2017 Bid Opening Date: February 28, 2017-2:00p.m. Note: This Addendum forms a part of the Contract Documents for the above identified project and modifies portions of the original Contract Specifications. Documents not specifically mentioned in this Addendum remain in full force. Contractor must acknowledge receipt of this Addendum on the Bid Form. Failure to do so will subject bidder to disqualification. Please note the following: Q: Are we required to perform any of the Good Faith Efforts for DBE's on this project and submit documentation required by the CDBG program if we are doing all the work ourselves? A: You are not required to perform the Good Faith Efforts, but you still need to fill out the paperwork. Simply state that you will not be using any subs. Bid No. PWS17-79TRAN Addendum No. 1 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) BARRIO ADA/PEDESTRIAN IMPROVEMENTS -PHASE 2 CONTRACT NO. 4080-2 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 . . , f.., DBE-02/29/2016 Contract No. 4080-2 Page 40 of 165 Pages COMMERCIAL GENERAL LIABILITY CG 2033 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage• or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions: or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the superv1s1on, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. © Insurance Services Office, Inc., 2012 Page 1 of 2 CG 2033 0413 Policy Number: 9129876 Transaction Effective Date: 12/30/2016 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill-Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of2 © Insurance Services Office, Inc., 2012 CG 2033 0413 Policy Number:9129876 Transaction Effective Date: 12/30/2016 STATE L<JMI-'f-t\.,A! ION INSUPA.NCE FUND ISSUE DATE: 01-17-2017 CITY OF LA MESA 8130 ALLISON AVE LA MESA CA 91942-5502 POLICYHOLDER COPY P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE SP GROUP: POLICY NUMBER: 9151071-2017 CERTIFICATE 10: 10 CERTIFICATE EXPIRES: 01-17-2018 01-17-2017/01-17-2018 ~OB:COMANCHE DRIVE DRAINAGE IMPROVEMENTS COMANCHE DRIVE LA MESA CA 91942 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form apprdved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend. extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. ~-tl-6£/ ;L_ xll~ Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2017-01-17 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF LA MESA ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-17-2017 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER ~ERUSALEM CONSTRUCTION INC. DBA: MIRAMAR SP GENERAL ENGINEERING 3291 CAMINITO AMECA LA ~OLLA CA 92037 [P11,HO] (REV.7-2014) PRINTED 01-12-2017 SP BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) BARRIO ADA/PEDESTRIAN IMPROVEMENTS -PHASE 2 CONTRACT NO. 4080-2 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? X yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? X yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. N/A (If needed attach additional sheets to provide full disclosure.) Page _1_ of _1_ pages of this Disclosure of Discipline form ., '-+' DBE-02/29/2016 Contract No. 4080-2 Page 42 of 165 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the Contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 1. 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. Contractor shall comply with California Labor Code, section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. See section 7-15 of the Supplemental Provisions for additional information regarding Federal minimum wage requirements . . , f.;;' DBE-02/29/2016 Contract No. 4080-2 Page 45 of 165 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the Contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the Contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91-403. (A) Coverages and Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $2,000,000 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: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor . . , ~f' DBE-02/29/2016 Contract No. 4080-2 Page 46 of 165 Pages The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91-403. (H) Verification of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is ., f.., DBE-02/29/2016 Contract No. 4080-2 Page 4 7 of 165 Pages included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any Contract claim submitted to the City must be asserted as part of the Contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (8) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future Contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. ,4/}( init in it ---- 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this Contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. ., f.., DBE-02/29/2016 Contract No. 4080-2 Page 48 of 165 Pages Bond No.: CE 115111 00089 Premium: Included in Performance Bond LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad, State of California, on March 1, 2017 has administratively awarded to Jerusalem Construction Inc. dba Miramar General Engineering (hereinafter designated as the "Principal"), a Contract for: BARRIO ADA/PEDESTRIAN' IMPROVEMENTS -PHASE 2 CONTRACT NO. 4080-2 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. **Philadelphia Indemnity Insurance Company NOW, THEREFORE, WE, Jerusalem Construction Inc. dba Miramar General Engineering, as Principal, (hereinafter designated as the "Contractor"), and ** as Surety, are held firmly bound unto the City of Carlsbad in the sum of one hundred fifty one thousand three hundred fifty dollars ($151 ,350), said sum being an amount equal to: One hundred percent (1 00%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond . . , \.+r DBE-02/29/2016 Contract No. 4080-2 Page 50 of 165 Pages I~ued in Duplicate Bond No.: CE 115111 00089 Premium: $4,541.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad, State of California, on March 1, 2017 has administratively awarded to Jerusalem Construction Inc. dba Miramar General Engineering (hereinafter designated as the "Principal"), a Contract for: BARRIO ADA/PEDESTRIAN IMPROVEMENTS -PHASE 2 CONTRACT NO. 4080-2 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; **Philadelphia Indemnity Insurance Company NOW, THEREFORE, WE, Jerusalem Construction Inc. dba Miramar General Engineering, as Principal, (hereinafter designated as the "Contractor"), and ** as Surety, are held firmly bound unto the City of Carlsbad in the sum of one hundred fifty one thousand three hundred fifty dollars ($151 ,350), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the Contract or to the work or to the specifications . . , ~., DBE-02/29/2016 Contract No. 4080-2 Page 52 of 165 Pages OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is --------------------------------------------------------- ---------------------------------------------------------h'ereinafter called "Contractor" and whose address is --------------------------------------------- ___________________________________________________________ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to section 22300 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 BARRIO ADA/PEDESTRIAN IMPROVEMENTS -PHASE 2 CONTRACT NO. 4080-2 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 ten ( 1 0) days of the deposit. 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 . . , f.+r DBE-02/29/2016 Contract No. 4080-2 Page 54 of 165 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill ., '\.f' DBE-0212912016 Contract No. 4080-2 Page 55 of 165 Pages 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name __________________________________ _ Signature ------------------------------ Address 1635 Faraday Avenue, Carlsbad, CA 92008 For Contractor: Title Name __________________________________ _ Signature ------------------------------- Address ________________________________ _ For Escrow Agent: Title Name __________________________________ _ Signature ------------------------------- Address ________________________________ _ At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Ill Ill Ill Ill Ill Ill Ill Ill Ill ., f.., DBE-0212912016 Contract No. 4080-2 Page 56 of 165 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title CITY MANAGER Name ________________________________ __ Signature------------------- Address 1200 Carlsbad Village Dr. Carlsbad, CA 92008 For Contractor: Title------------------- Name ------------------------------- Signature----------------- Address----------------- For Escrow Agent: Title---------------------- Name ------------------------- Signature----------------- Address----------------- ., f.~ DBE-02/29/2016 Contract No. 4080-2 Page 57 of 165 Pages SUPPLEMENTAL PROVISIONS FOR BARRIO ADA/PEDESTRIAN IMPROVEMENTS -PHASE 2 CONTRACT NO. 4080-2 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 --TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency -the City of Carlsbad, California City Council -the City Council of the City of Carlsbad . . , ~+' Revised 11/24/10 Contract No. 4080-2 Page 58 of 165 Pages City Manager-the City Manager of the City of Carlsbad or his/her approved representative. Dispute Board -persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer-the Public Works Director of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item -a single Contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization -When used in Section 2-3.1 -Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor-Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Principal Inspector-The Senior Inspector's immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector-the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Senior Inspector-the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts ...................................... Apartment and Apartments Bldg ...................................... Building and Buildings CMWD .................................. Carlsbad Municipal Water District CSSD .................................... Carlsbad Supplemental Standard Drawings cfs ......................................... Cubic Feet per Second Comm ................................... Commercial DBE ...................................... Disadvantaged Business Enterprise DR ........................................ Dimension Ratio E ........................................... Electric G ........................................... Gas gal. ........................................ Gallon and Gallons Gar ........................................ Garage and Garages GNV ...................................... Ground Not Visible gpm ....................................... gallons per minute IE .......................................... Invert Elevation LCWD ................................... Leucadia County Water District MSL ...................................... Mean Sea Level (see Regional Standard Drawing M-12) ., f.., Revised 11/24/10 Contract No. 4080-2 Page 59 of 165 Pages MTBM ................................... Microtunneling Boring Machine NCTD .................................... North County Transit District OHE ...................................... Overhead Electric OMWD .................................. Olivenhain Municipal Water District ROW ..................................... Right-of-Way S ........................................... Sewer or Slope, as applicable SDNR ................................... San Diego Northern Railway SDRSD ................................. San Diego Regional Standard Drawing SFM ...................................... Sewer Force Main T ........................................... Telephone UE ......................................... Underground Electric W .......................................... Water, Wider or Width, as applicable VWD ..................................... Vallecitos Water District SECTION 2 --SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the Contract price with its own organization, the Agency may at its sole discretion elect to cancel the Contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the Contract price by other than the Contractor's own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BON OS. Modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570,". Modify paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the Contract price. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the Contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the Contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($1 0,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the Contract if the Contract exceeds ten million dollars ($10,000,000). Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount thirty (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 thirty (30) days after recordation of the Notice of Completion if all claims have been paid . . , f.., Revised 11/24/10 Contract No. 4080-2 Page 60 of 165 Pages Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to thirty (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 project technical specifications, Carlsbad Engineering Standards, and Standard Specifications for Public Works Construction, (SSPWC), 2015 Edition, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of one 11 "x17" plan, which shows the locations and type of work to be done. The standard drawings used for this project are 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 San Diego Regional Standard Drawings (SDRSD). Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Supplemental Provisions. 3) Plans. 4) Standard Specifications for Public Works Construction. 5) 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. 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. 2-5.3 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 labei'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 {'\ •+' Revised 11/24/10 Contract No. 4080-2 Page 61 of 165 Pages shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. 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: _______________________________ _ 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 (1 0) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefor. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by§§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within seven (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 . . , f.., Revised 11/24/10 Contract No. 4080-2 Page 62 of 165 Pages 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 (1 0) 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 (81/2" 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 CAL TRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 -8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-1 0 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. Add the following section: 2-9.2.3 Payment for Survey. Payment for work performed to satisfy the requirements of Section 2- 9 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made therefor. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees therefor, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefor. 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 2-10.1 Availability of Records. The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. ,........,, {'\ • ., Revised 11/24/10 Contract No. 4080-2 Page 63 of 165 Pages Add the following section: 2-10.2 Audit and Inspection. Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this Contract shall maintain such data and records for as long as may be required by applicable laws and regulations. SECTION 3 •• CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 50 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 50 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 50 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CAL TRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. 3-3.2.3 Markup, delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ...................................................... 20 2) Materials ................................................. 15 3) Equipment Rental ................................... 15 4) Other Items and Expenditures ................ 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added 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. {'\ •fi' Revised 11/24/10 Contract No. 4080-2 Page 64 of 165 Pages 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to Contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within twenty (20) working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: ________________________________ ___ Title:-------------- Date: ______________________ _ Company Name: _____________________________________ _ The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the Contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to """""" commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. l' •+' Revised 11/24/10 Contract No. 4080-2 Page 65 of 165 Pages 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. Senior Inspector 3. Principal Inspector 4. Public Works Director 5. City Manager The Contractor shall submit a complete report within twenty (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 ten (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 ten ( 1 0) working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a Contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the Contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by Contract for the filing of claims. (b )(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within forty five (45) days of receipt of the claim, or may request, in writing, within ., '-+'Revised 11/24/10 Contract No. 4080-2 Page 66 of 165 Pages thirty (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 fifteen (15) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within sixty (60) days of receipt of the claim, or may request, in writing, within thirty (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 thirty (30) days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within fifteen (15) days of receipt of the local agency's response or within fifteen (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 thirty (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 91 0) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within sixty (60) days, but no earlier than thirty (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 fifteen (15) days by both parties of a disinterested third person as mediator, shall be commenced within thirty (30) days of the submittal, and shall be concluded within fifteen (15) days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)( 1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.1 0) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 20 16) 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 {'\ •f' Revised 11/24/10 Contract No. 4080-2 Page 67 of 165 Pages exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de 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 arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. SECTION 4-CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third sentence of the first paragraph. Add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, ., '-"Revised 11/24/10 Contract No. 4080-2 Page 68 of 165 Pages availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and 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. l' •+' Revised 11/24/10 Contract No. 4080-2 Page 69 of 165 Pages SECTION 6 --PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add the following section: 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 five (5) 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. 6-1.2 Commencement of the Work. Delete the paragraph and add the following section: Unless otherwise specified in the Special Provisions, the Contract time shall commence upon the date of issuance of the Notice To Proceed. The Work shall start within five (5) days thereafter, and be diligently prosecuted to completion within the Contract time. Add the following section: 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the 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 thirty (30) working days. The Engineer will review and return to the Contractor, with any comments, the Construction Schedule within fifteen (15) working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.1 0.3 Add the following section: 6-1.3.6 Bar Chart. Each monthly update will include a bar 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 five (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 five (5) working days. Failure of the Contractor to submit {'\ •+' Revised 11/24/10 Contract No. 4080-2 Page 70 of 165 Pages a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 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. 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 section "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: ., '-+' Revised 11/24/10 Contract No. 4080-2 Page 71 of 165 Pages 6-1.8 Measurement and Payment of Construction Schedule. The contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefor. 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of Project Meetings. Each Project Meeting shall be attended by the Contractor's Representative. The Project Representative shall be the individual determined under section 7-6, "The Contractor's Representative", SSPWC. No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within forty five (45) working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. Any day designated as a holiday by the Agency, 4. Any other day designated as holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. Any day the contractor is prevented from working at the beginning of the workday for causes as defined in Section 6-6.1, 6. Any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless superseded by the above paragraph or the approved Traffic Control Plan, the normal hours of work shall be between the hours of 8:00a.m. and 4:00p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by ., ~+' Revised 11/24/10 Contract No. 4080-2 Page 72 of 165 Pages the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices or adjustment of Contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 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 ($1 000.00). Execution of the Contract shall constitute agreement by the Agency and Contractor that one thousand dollars ($1000) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 --RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted 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 . . , f.., Revised 11/24/10 Contract No. 4080-2 Page 73 of 165 Pages 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. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation 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 his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.5 Temporary Light, Power and Water, add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.6 Water Pollution Control, add the following: The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall adhere to the requirements of the California State Water Resources Control Board (SWRCB) and shall perform all work in accordance with Order No. 2009-0009-DWQ for Waste Discharges of Storm Water Runoff Associated with Construction and Land Disturbance Activities (Construction General Permit or CGP), and any subsequent amendments, where applicable. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access, add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not ., '-+' Revised 11/24/10 Contract No. 4080-2 Page 7 4 of 165 Pages schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24 hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "C". In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 48 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the Contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. 7-10.3 Street Closures, Detours, Barricades, modify the second paragraph as follows: After obtaining the Engineers approval and at least five (5) working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer ........................................................................... . 2) Carlsbad Fire Department Dispatch ......................................... . 3) Carlsbad Police Department Dispatch ..................................... . 4) Carlsbad Traffic Signals Maintenance ...................................... . 5) Carlsbad Traffic Signals Operations ......................................... . 6) North County Transit District.. .................................................. . 7) Coast Waste Management ...................................................... . (760) 438-1161 X-4411 (760) 931-2197 (760) 931-2197 (760) 438-2980 X-2937 (760) 438-1161 X4500 (760) 7 43-9346 (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five (5) working days prior to placing any traffic control that affects bus stops. l' •+i' Revised 11/24/10 Contract No. 4080-2 Page 75 of 165 Pages 7-10.3 Street Closures, Detours, Barricades, add the following: Traffic controls shall be in accordance with the plans, the California Manual on Uniform Traffic Control Devices (2014 edition, including Revision 1 ), the City of Carlsbad Standard Traffic Control Plan Sheet, and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of section 214- 5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 210-1.6 for materials and section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the travelling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the travelling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CAL TRANS "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 maintain a safe buffer distance from any traffic lane occupied by traffic. The Contractor's equipment shall maintain a safe buffer distance from any traffic or pedestrians . . , ~.,Revised 11/24/10 Contract No. 4080-2 Page 76 of 165 Pages Vehicular and pedestrian access shall be maintained through the project. One lane of travel on all affected streets shall remain open at all times for vehicular traffic. At any given intersection, pedestrian access across each street shall be maintained. 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, the California Manual on Uniform Traffic Control Devices (2014 edition, including Revision 1), the City of Carlsbad Standard Traffic Control Plan Sheet, and provisions under "Maintaining Traffic" elsewhere in these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. Add the following section: 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. Add the following section: 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the Manual on Uniform Traffic Control Devices (2014 edition, including Revision 1 ). Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. Add the following section: 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the ,..,.,, project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the travelled way. The Contractor shall have TCP {'\ • ., Revised 11/24/10 Contract No. 4080-2 Page 77 of 165 Pages prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20 day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the travelled surface differs from the finished pavement elevation vertical curves must also be shown. The level of detail, format, and graphics shall be of quality and size no less than those on the City of Carlsbad Standard Traffic Control Plan Sheet. Modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and of the Manual on Uniform Traffic Control Devices (2014 edition, including Revision 1 ). 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: 7-1 0.3. 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 for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will 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 . . , '-+'Revised 11/24/10 Contract No. 4080-2 Page 78 of 165 Pages 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. Add the following section: 7-15 PREVAILING WAGE. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available at City of Carlsbad, 1635 Faraday Avenue, Carlsbad, CA 92008 and available from the California Department of Industrial Relations' Internet web site at http://www.dir.ca.gov. The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are set forth in the books issued for bidding purposes entitled "Proposal and Contract," and in copies of this book that may be examined at the offices described above where project plans, special provisions, and proposal forms may be seen. Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders of "Proposal and Contract" books. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. Attention is directed to the Federal minimum wage rate requirements in the "Proposal and Contract" books. 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. Add the following section: 7-16 PUBLIC SAFETY. The Contractor shall provide for the safety of traffic and the public in conformance with the provisions in Section 7-1.09, "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: A. Excavations.-The near edge of the excavation is 3.6 m or less from the edge of the lane, except: 1. Excavations covered with sheet steel or concrete covers of adequate thickness to prevent accidental entry by traffic or the public. 2. Excavations less fhan 0.3-m deep. 3. Trenches less than 0.3-m wide for irrigation pipe or electrical conduit, or excavations less than 0.3-m in diameter. 4. Excavations parallel to the lane for the purpose of pavement widening or reconstruction. 5. Excavations m side slopes, where the slope is steeper than 1:4 (vertical: horizontal). 6. Excavations protected by existing barrier or railing. ~ B. Temporarily Unprotected Permanent Obstacles.-The work includes the installation of a fixed "~"4 obstacle together with a protective system, such as a sign structure together with protective l'\ • ., Revised 11/24/10 Contract No. 4080-2 Page 79 of 165 Pages 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 provisions. 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 B 11-30 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: Approach Speed of Public Traffic (Posted Work Areas Limit) (Kilometers Per Hour) Over 72 (45 Miles Per Hour) Within 1.8 m of a traffic lane but not on a traffic lane 56 to 72 (35 to 45 Miles Per Hour) Within 0.9-m of a traffic lane but not on a traffic lane 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. Required for ALL construction contracts administered under the Caltrans Standard Specifications. Add the following section: ., '-., Revised 11/24/10 Contract No. 4080-2 Page 80 of 165 Pages 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. Required for ALL construction contracts administered under the Caltrans Standard Specifications. Add the following schedule: 7-20 SUBCONTRACTOR AND DBE RECORDS Use each DBE subcontractor as listed on the List of Subcontractors form and the Local Agency Bidder DBE Commitment (Construction Contracts), Exhibit 15-G, forms unless you receive authorization for a substitution. The Agency requests the Contractor to: 1. Notify the Engineer of any changes to its anticipated DBE participation 2. Provide this notification before starting the affected work Maintain records including: 1. Name and business address of each 1st-tier subcontractor 2. Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier 3. Date of payment and total amount paid to each business If you are a DBE contractor, include the date of work performed by your own forces and the corresponding value of the work. Before the 15th of each month, submit a Monthly DBE Trucking Verification form. If a DBE is decertified before completing its work, the DBE must notify you in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify you in writing of the certification date. Submit the notifications. On work completion, complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-0, form. Submit the form within thirty (30) days of contract acceptance. Upon work completion, complete a Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors, Exhibit 17-F, form. Submit it within ninety (90) days of contract acceptance. The Agency withholds $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form. 7-23 SUBCONTRACTING. 1 . No subcontract releases the Contractor from the contract or relieves the Contractor of their responsibility for a subcontractor's work. {'\ • ., Revised 11/24/10 Contract No. 4080-2 Page 81 of 165 Pages 2. If the Contractor violates Pub Cant Code § 4100 et seq., the City of Carlsbad may exercise the remedies provided under Pub Cant Code § 4110. The City of Carlsbad may refer the violation to the Contractors State License Board as provided under Pub Cant Code § 4111. 3. The Contractor shall perform work equaling at least 30 percent of the value of the original total bid with the Contractor's own employees and equipment, owned or rented, with or without operators. 4. Each subcontract must comply with the contract. 5. Each subcontractor must have an active and valid State contractor's license with a classification appropriate for the work to be performed (Bus & Prof Code,§ 7000 et seq.). 6. Submit copies of subcontracts upon request by the Engineer. 7. Before subcontracted work starts, submit a Subcontracting Request form. 8. Do not use a debarred contractor; a current list of debarred contractors is available at the Department of Industrial Relations' Web site. 9. Upon request by the Engineer, immediately remove and not again use a subcontractor who fails to prosecute the work satisfactorily. 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. 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. 7-24 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS. A prime contractor or subcontractor shall pay any subcontractor not later than ten (1 0) days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The ten (1 0) days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over thirty (30) days may take place only for good cause and with the agency's prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. Add the following section: 7-25 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS. The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within thirty (30) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over thirty (30) days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. SECTION 8 --FACILITIES FOR AGENCY PERSONNEL ., f.., Revised 11/24/10 Contract No. 4080-2 Page 82 of 165 Pages 8-1 GENERAL Delete section 8-1 and substitute the following: A facility for agency personnel is not required. SECTION 9 --MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows: The system of measure for this Contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General, delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion" 9-3.2 Partial and Final Payment, delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on Contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (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 201 04.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the Contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have thirty (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 . . , ~., Revised 11/24/1 0 Contract No. 4080-2 Page 83 of 165 Pages If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within thirty (30) calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims, add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than thirty (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 thirty (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 work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at their expense . . , \.+r Revised 11/24/10 Contract No. 4080-2 Page 84 of 165 Pages Remove 5' Wide AC Sidewalk and Install 5' Wide PCC Sidewalk and Curb & Gutter per SDRSD G-2 & G-7 (Bid Item No.1} The contract unit price paid for this bid item shall constitute full compensation to remove 5 foot wide AC sidewalk and curb and replace with 5 foot wide PCC sidewalk and install new PCC curb and gutter per San Diego Regional Standard Drawing G-2 and G-7 in accordance with the specifications and contract documents. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, demolition, removals, disposal, surveying, excavation, forming, backfill, aggregate base, compaction, saw cutting, and removing and replacing 12 inches of pavement adjacent to new concrete. Remove and Replace Sidewalk per SDRSD G-7 (Bid Item No. 2} The contract unit price paid for this bid item shall constitute full compensation to remove and replace Type G-7 PCC sidewalk per San Diego Regional Standard Drawing G-7 in accordance with the specifications and contract documents. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, demolition, removals, disposal, surveying, excavation, forming, backfill, aggregate base, compaction, saw cutting, and removing and replacing pavement adjacent to new concrete where necessary. Remove Replace Curb Ramp per SDRSD G-28 and G-29 (Bid Item No. 3} The contract unit price paid for this bid item shall constitute full compensation to remove PCC curb ramps and construct PCC curb ramps with truncated domes per San Diego Regional Standard Drawings G-27, G-28, G-29, G-30, G-31 and G-32 in accordance with the specifications and contract documents. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, demolition, removals, disposal, surveying, excavation, forming, backfill, aggregate base, compaction, saw cutting, trench plates, and removing and replacing 12 inches of pavement adjacent to new curb ramp. Install 3'x4' Truncated Domes on Existing Ramps per G-30 and Grind Concrete Ramp Lip per Detail A (Bid Item No. 4} The contract unit price paid for this bid item shall constitute full compensation to install detectable warning surfaces (truncated domes) on existing ramps per San Diego Regional Standard Drawings G-30 in accordance with the specifications and contract documents, and grind concrete ramp lip per attached Detail A. This includes, but is not limited to, preparing existing ramp per manufacturer's instructions and installing truncated domes per manufacturer's instructions, protection of adjacent public and private improvements and/or facilities, grinding, removals, disposal, and surveying in order to achieve ADA compliance. · Install 3'x4' Truncated Domes Only on Existing Ramps per G-30 (Bid Item No. 5} The contract unit price paid for this bid item shall constitute full compensation to install detectable warning surfaces (truncated domes) only on existing ramps per San Diego Regional Standard Drawings G-30 in accordance with the specifications and contract documents. This includes, but is not limited to, preparing existing ramp per manufacturer's instructions and installing truncated domes per manufacturer's instructions to achieve ADA compliance. Grind Concrete Ramp Lip per Detail A (Bid Item No. 6} The contract unit price paid for this bid item shall constitute full compensation to grind concrete lip per attached Detail A. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, grinding, removals, disposal, and surveying in order to achieve ADA compliance. Remove and Replace Spandrel per SDRSD G-12 (Bid Item No.7} The contract unit price paid for this bid item shall constitute full compensation to remove and replace PCC spandrel per Carlsbad Engineering Standards GS-9 and GS-10 in accordance with the specifications and contract improvements. The area of each spandrel location is approximately 90 ., f.., Revised 11/24/10 Contract No. 4080-2 Page 85 of 165 Pages square feet. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, demolition, removals, disposal, surveying, excavation, forming, backfill, aggregate base, compaction, saw cutting, trench plates, and removing and replacing 12 inches of pavement adjacent to new concrete. The work for this item may be done simultaneously with adjacent curb ramp improvements, if applicable. Install and Compact Class 2 Aggregate Base (Bid Items No. 8) The contract unit price paid for this bid item shall constitute full compensation to install and compact Class 2 aggregate base as directed by the City's representative. This price shall include removal and disposal of unwanted material and include cutting and removing roots as directed by the City. All work shall be in accordance with the city standards, specifications and contract documents. Traffic Control and Public Notification (Bid Item No. 9) The contract unit price paid for this bid item shall constitute full compensation for all traffic and pedestrian control, traffic control plans and public notification in accordance with the specifications and contract documents. This includes, but is not limited to, preparation and reproduction of traffic control plans, implementing traffic control, signing, striping, flagging operations, arrow boards, resident notification letters, door hangers, and "NO PARKING" signs. Example resident notification letter and door hanger are included in Appendix C. ADDITIVE ALTERNATIVE BID ITEMS Remove and Replace Cross Gutter per SDRSD G-12 (Additive Bid Items No. 1 0) The contract unit price paid for this bid item shall constitute full compensation to remove and replace PCC cross gutter per San Diego Regional Standard Drawings G-12 and/or Carlsbad Engineering Standards GS-9 and GS-10 in accordance with the specifications and contract documents. Cross gutters in the project vicinity are typically 6 feet wide. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, demolition, removals, disposal, surveying, excavation, forming, backfill, aggregate base, compaction, saw cutting, trench plates, and removing and replacing 12 inches of pavement adjacent to new concrete . . , '-+'Revised 11/24/10 Contract No. 4080-2 Page 86 of 165 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 -ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, 2015, Section 26: Aggregate Bases. Add the following section: 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. The grading for r 3/4 inch maximum shall be used. Sieve Sizes 2" ................................ . 11/2'' .......................... .. 1" ································· 3/4" ............................ .. No.4 .......................... .. No. 30 .......................... . No. 200 ...................... .. AGGREGATE GRADING REQUIREMENTS Percentage Passing J/4" Maximum Operating Range 100 90-100 35-60 10-30 2-9 QUALITY REQUIREMENTS Tests Resistance (R-value) Sand Equivalent Durability Index Operating Range 78 Min. 25 Min. 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance" requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests, or other information, indicate to the satisfaction of the """""" Engineer that the next material to be used in the work will comply with the requirements specified for "Operating Range." {'\ •+' Revised 11/24/10 Contract No. 4080-2 Page 87 of 165 Pages If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. SECTION 201-CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201-1.1.2(A) Modify as follows: TABLE 201-1.1.2(A) (3l PORTLAND CEMENT CONCRETE Type of Construction Concrete Class All Concrete Used Within the Right-of-Way 330-C-23 (560-C-3250) (1l Trench Backfill Slurry 115-E-3 (190-E-400) Street Light Foundations and Survey 330-C-23 Monuments ( 560-C-3250) Traffic Signal Foundations 350-C-27 (590-C-3750) Concreted-Rock Erosion Protection 310-C-17 (520-C-2500P) Maximum Slumpmm (Inches) (2) 200 (8") 100 (4") 100 (4") per Table 300- 11.3.1 (1) Except that concrete requ1red to be of h1gher 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. 201-4 CONCRETE CURING MATERILAS 201-4.1 Membrane Curing Compounds. Unless otherwise directed by the Engineer, contractor shall use curing compound Type 1-D -Clear or translucent with fugitive dye for all concrete work, as specified in this section of the SSPWC. SECTION 203 -BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. ADD the following: 203-6.4 Asphalt Concrete Mixtures. Add the following: Conventional Asphalt concrete shall be class C2-PG64-10-RAP for surface course, and B-PG64-10-RAP for base course. Asphalt concrete {'\ • ., Revised 11 /24/1 0 Contract No. 4080-2 Page 88 of 165 Pages shall be class 02-PG?0-10 for dikes and class E-PG?0-10 ditches. 203-6.4.3 Composition and Grading, add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125. When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for: 1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202. 2. Stability using: a. Hveem stability Value using Calif. Tests 304 and 366 shall be the average of three individual Values or b. Marshall Stability1 in accordance with the Asphalt Institute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. 10nly use Marshall Stability when the deviation between individual Hveem Stabilometer Values are greater than +/-5. When using core sample analysis, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. The amount of asphalt binder used in asphalt concrete placed in dikes, gutters, gutter flares, overside drains and aprons at the ends of drainage structures shall be increased one percent by mass of the aggregate over the amount of asphalt binder determined for use in asphalt concrete placed on the traveled way. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the asphalt content is within +/-0.5 of the design mix and the gradation conforms to the grading as shown in Table 203-6.3.2 (A). Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix compiles with the requirements for Stabilometer Value per Table 203-6.3.2 (A) Marshall Stability using Asphalt Institute MS-3. Plant inspected asphalt concrete will be considered in conformance with the mix design when visually inspected and the combined gradation of the Bin samples show conformance to the grading as shown in Table 203-6.3.2 (A). 203-6.8 Asphalt Concrete Storage, add the following: Storage of asphalt concrete shall not be allowed on this project. Stored concrete shall not be used in the work. •'\ f.., Revised 11/24/10 Contract No. 4080-2 Page 89 of 165 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS 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 "150mm (6 inches)" to "300 mm (12")". 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. 302-5 ASPHALT CONCRETE PAVEMENT. Add the following: 302-5.1 General. The Contractor shall treat all vegetation with the limits of the paved area to receive asphalt concrete paving with a post emergent herbicide. Herbicide shall be applied at least two (2) 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 Pavement Transitions. The Contractor shall ramp the approaches and termini to all structures and vertical joints in the cold-milled area which are transverse to through traffic with temporary asphalt concrete pavement as specified in section 306-1.5.1. Ramps shall be constructed the same day as cold milling and removed the same day as permanent paving. Ramp dimensions and compaction shall be as approved by the Engineer. 302-5.4 Tack Coat, add the following: If the asphalt concrete pavement is being constructed directly upon an existing hard-surfaced pavement, a tack coat of PG 64-10 paving asphalt at an approximate rate of 0.25 L/m2 (0.05 gallon per square yard) shall be uniformly applied upon the existing pavement preceding the placement of the asphalt concrete. The contact surfaces of all cold pavement joints, curbs, gutters, manholes, and the like shall be painted with PG 64-10 paving asphalt immediately before the adjoining asphalt concrete is placed. The tack coat shall be PG 64-1 0 paving asphalt. The Contractors shall place a tack coat between the successive interfaces of existing pavement and new asphalt concrete . . , f.., Revised 11/24/10 Contract No. 4080-2 Page 90 of 165 Pages SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.1.1 General, add the following: All concrete improvements shall be installed per the City of Carlsbad Standards and the San Diego Regional Standard Drawings. For curb ramps, if there exists sufficient space, SDRSD G-28 shall be installed. If there is insufficient space, as determined by the Engineer, then SDRSD G-29 shall be installed. At the discretion of the City Inspector, concrete replacement shall include the removal of unwanted material beneath the existing concrete, and placement and compaction (95%) of Class 2 aggregate base, unless deemed unnecessary by the City. The cost of the installation of aggregate base and all associated work shall be included in the bid price for the aggregate base. Concrete replacement adjacent to asphalt concrete pavement shall include the sawcut and removal of 12" width of AC and base to a depth sufficient for forming the new concrete pour. The Contractor shall backfill the "slot" adjacent to the new concrete and place a minimum of temporary asphalt concrete within 72 hours of pouring the new concrete. The Contractor shall complete permanent asphalt concrete slot paving adjacent to the new concrete within five (5) days of pouring the new concrete. The permanent AC slot paving shall be equal in thickness to the existing AC pavement. The Contractor shall remove all construction materials and debris from the area of work at the end of each working day. Traffic plates or trench plates shall be used over new concrete cross gutters and driveway approaches unless deemed unnecessary by the Engineer. At the Engineer's discretion, high early strength concrete may be substituted for traffic plates. The cost of traffic plates or high early strength concrete shall be included in the bid price for the concrete work and no extra payment will be made therefor. Saw cutting of concrete and asphalt concrete at joints and construction limits and the removal and disposal of asphalt concrete, base material, and concrete shall be included in the unit price bid for the concrete improvements. Contractor shall protect existing utility structures prior to and during construction of concrete improvements. Contractor shall protect existing improvements including, but not limited to: water services, irrigation systems, meter boxes, mailboxes, curb drains, walkways, pavers, plants, trees, shrubs, fences etc. Contractor shall be responsible for the replacement of improvements damaged during construction. The Contractor shall replace damaged improvements within 72 hours. Contractor shall protect and relocate meter boxes as required by the Engineer. Contractor shall install meter boxes per City of Carlsbad standards. No extra payment will be made for relocating meter boxes. Contractor shall adhere to all relevant stormwater regulations and implement best management practices for the project site. All material removed from the site shall be disposed of at the Contractor's expense at a site approved by the City. The Contractor shall attempt to have the materials recycled. Where tree roots are present and damaging or uplifting the existing concrete, the Contractor shall cut and remove the roots. All pavement, root and other material removal shall conform to Section 300-1 of the SSPWC and to these special provisions. Contractor shall dispose of organic debris, including ..,.., tree root cuttings. Payment for root removal shall be included in the unit price bid for the improvement and no additional payment will be made therefor . . , f..,-Revised 11/24/10 Contract No. 4080-2 Page 91 of 165 Pages STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted. b. "Director" means Director, Office of Federal Contract Act Compliance Program, United States Department of Labor, or any person to whom the Director delegates authority. c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the black African racial groups not of Hispanic origin) (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban Central or South American, or other Spanish Culture or origin, regardless of race) (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands) (iv) American Indian or Alaskan Native (all groups having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification) 2. Whenever the Contractor or any Subcontractor at any tier subcontracts a portion of the work involving any construction trade, it must physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice that contains the applicable goals for minority and female participation and which is set forth in the solicitations from which the contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through as association, its affirmative action obligations on all work in the Plan area (including goals and timetables) must be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the Equal Employment Opportunity (EEO) Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractors or Subcontractors failure to take good faith efforts to achieve the Plan goals and timetables . . , f.~ Revised 11/24/10 Contract No. 4080-2 Page 93 of 165 Pages 4. The Contractor must implement the specific affirmative action standards provided in Section VII, Paragraphs ?a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female tuition that the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract must apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice of and such notices may be obtained from any Office of Federal Contract Compliance Programs or from Federal procurement Contracting Officers. The Contractor is expected to make substantially uniform progress toward meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women will excuse the Contractors obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In orderfor the nonworking training hours of apprentices and trainees to be counted in meeting the goals, apprentices and trainees must be employed by the Contractor during the training period and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor must take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractors compliance with these specifications must be based upon its effort to achieve maximum results from its actions. The Contractor must document these efforts fully and must implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites and in all sites at which the Contractors employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor must specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor's obligations to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant; and minority and female referral from a union, a recruitment source or community organization; and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor; this must be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the director when the union or unions with which the Contractor has a collective bargaining agreement have not referred to the Contractor a minority person or woman sent by the Contractor or when the Contractor ., f..,-Revised 11/24/10 Contract No. 4080-2 Page 94 of 165 Pages has other information that the union referral process had impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities or participate in training programs for the area that expressly includes minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractors employment needs, especially those programs funded or approved by the Department of Labor. The Contractor must provide notice of these programs to the sources compiled under Section VII 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posing the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsible for hiring, assessment, layoff, termination, or their employment decisions, including specific review of these items with onsite supervisory personnel such as superintendents, general foreman etc., prior to the initiation of construction work at any job site. A written record must be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contract's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations~ to schools with minorities and female students, and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of the applications for apprenticeship or other, training by any recruitment sources, the Contractor must send written notification to organizations such as the above, describing the openings, screening procedure, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to ~ seek or to prepare for, through appropriate training, etc., such opportunities. {'\ • ., Revised 11/24/10 Contract No. 4080-2 Page 95 of 165 Pages m. Ensure that seniority practices, job classification work assignments, and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities must be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations that assist in fulfilling one or more of the affirmative action obligations (Section VII 7a through 7p). The efforts of a contractor association, joint contractor-union, contractor-community, or other share group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under Section VII ?a through 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractors minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation will not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and nonminority. Consequently, the Contractor may be in violation of the Executive order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive order if a specific minority group of women is underutilized). 10. The Contractor must not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor must not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor must carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties will be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor must designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records must ., f.., Revised 11/24/10 Contract No. 4080-2 Page 96 of 165 Pages at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records must be maintained in an easy understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractors will not be required to maintain separate records. 14. The Contractor, in fulfilling its obligations under these specifications, must implement specific affirmative action steps, at least as extensive as those standards prescribed in Section VII 7, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive order, the implementing regulations, or these specifications, the director will proceed in accordance with 41 CFR Section 604.8. 15. Nothing herein provided will be construed as a limitation upon the application of other laws that establish different standards of compliance or upon the application of requirements for hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program) . . , f.., Revised 11/24/10 Contract No. 4080-2 Page 97 of 165 Pages APPENDIX A Grind Detail and Standard Drawings ., f.., Revised 11/24/10 Contract No. 4080-2 Page 98 of 165 Pages I VARIES I """ AS ,_ ON Pl.INS I • t/2' R .. [':_,.. ""'CROSS-SLOP< I ~~· :; ,-rrs·..,_;·'7 _________ ..., --,:.:.':'"":21 I . ' ... I t 2" WfAKENED r-----_J ~ I PLANE JOINT I I L___ I --------.J NON-CONTIGUOUS I WIDTH AS SHOWN ON PLANS I 1/'r , • r·. -,. ""' ,_ '""'' I t/2' , ,'-l f.-:~~7_~'i-----------; ~ .::: ~13 I ~ t 2" WfAKENED r-----_j ~ PLANE JOINT I i L___ I -------_j CONTIGUOUS NOTES: 1. CONCRETE SHALL BE 520-C-2500. 2. SEE STANDARD DRAWINGS G-9 AND G-10 FOR JOINT DETAILS. Revision By Approved Date ORIGINAL KERCHEVAL 12/75 ADO MEIRIC T. STANTON 03/03 f!EFORNATTEI T. STANTON 04/06 UP!lf\TEO t.AR MR/CN 11/11 REVIEWED CN CN 12/15 SAN DIEGO REGIONAL STANDARD DRAWING SIDEWALK • TYPICAL SECTIONS LEGEND ON PLANS R£COMIIENDED BY ll£ SAN DIECO REGIONAL STANDARDS COMWITIE£ ..-:rr~ /If. 1:1/17/2015 Ch~ R.C.E. 19246 Date DRAWING NUMBER G-07 {'\ •+' Revised 11/24/10 Contract No. 4080-2 Page 101 of 165 Pages TABLE A TABLE B X y z CT X y z Z1 CURB RAMP SIDE CURB CURB RAMP SIDE SIDE HEIGHT LENGTH SLOPE TRANS. HEIGHT LENGTH SLOPE SLOPE (12: 1) (1 0:1) (12:1) (1 0:1) (12:1) 1" 1'-0" 1'-6" o·-o· 1" 1'-0" 1'-6" 1'-o" 2" 2'-0" 1'-8" o·-o· 2" 2'-0" 1'-8" 2'-0" 3" 3'-0" 2'-6" 0'-0" 3" 3'-0" 2'-6" 3'-0" 4" 4'-0" 3'-4" o·-o· 4" 4'-0" 3'-4" 4'-0" 5" 5'-0" 4'-2" o·-o· 5" 5'-0" 4'-2" s'-o" 6" 6'-o" 5'-o" 0'-0" 6" 6'-o" 5'-o" 6'-o" 7" 7'-0" 5'-10" 1-0" 7" 7'-0" 5'-10" 7'-0" Q:== 8'-0" 6'-8" 2'-0" 8" 8'-0" 6'-8" B'-o" TYPE A AND B CURB RAMPS TYPE A-1 AND B-1 CURB RAMPS TABLE C X CT CURB CURB NOTES HEIGHT TRANS. (12:1) 1. DIMENSIONS X, Y, Z, Z1, AND CT MAY BE DETERMINED BY USING THE TABLES ON THIS SHEET WITH PRIOR 4" 4'-0" AGENCY APPROVAL. WITHOUT AGENCY APPROVAL, 5" 5'-0" DIMENSIONS SHOULD NOT EXCEED THE MAXIMUM SLOPE OR RATIO PROVIDED. 6" 6'-0" 2. z• REFERS TO Z OR Z1 IN TABLE B. Z SIDE SLOPE 7" 7'-0" SHALL BE 10:1, EXCEPT PER NOTE 3. 8" 8'-0" 3. FOR TYPE A-1 AND B-1 CURB RAMPS, WHERE A 4' 9" 9'-o" LANDING CANNOT BE CONSTRUCTED DUE TO INADEQUATE RIGHT OF WAY, A 3' MINIMUM LANDING IS ACCEPTABLE 10" 10'-0" WITH PRIOR AGENCY APPROVAL AND PROVIDED THE SIDE SLOPES ARE REVISED TO 12:1 PER SIDE SLOPE Z1 IN 11" 11'-0" TABLE B. 12" 12'-o" 13" 13'-o" TYPE C CURB RAMP Re't'ision By Approved Dote RECOINENDED BY lHE SAN DIEGO SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COIIIITIEE ORIGINAL IIR MR/CV 03/12 UPDATED cv cv 12/15 Nt#? L ::1:"'5 u/tT/20rs NOTES FOR CURB RAMPS ChoiJII(iiacn R.C.E. 192<16 Date DRAWNG G-328 NUWBER ., '-+' Revised 11/24/1 0 Contract No. 4080-2 Page 107 of 165 Pages APPENDIX B Carlsbad Standard Traffic Control Plan ., '-+' Revised 11/24/1 0 Contract No. 4080-2 Page 11 0 of 165 Pages APPENDIX C Resident Notification Example ., f.., Revised 11/24/10 Contract No. 4080-2 Page 112 of 165 Pages (Date) (Name of Contractor) (Address of Contractor) (Contractor's License Number) As a part of the City of Carlsbad's ongoing program to maintain its streets, your street will be {insert type~}r.;surfacing), beginning in two or three weeks. This process requires that your street be closed for (X'hQw$) starting at 7:00 a.m. and continuing until the Contractor removes the traffic control devices. You will be notified 72 hours in advance of the day your street will be closed by a brightly colored 3 %" x 8 %" card attached to your doorknob. You will also notice temporary no parking signs on your street with a specific no parking date written on it. A successful street maintenance program depends on your cooperation. Please do not drive, walk, play, skate or allow pets on the street until it is opened by the Contractor. Furthermore, please do not wash your car or turn on any sprinklers while you are waiting. If you don't plan to leave your home before 7:00 a.m. on the day your street will be surfaced, and you need to use your vehicle later in the day, please park your car on an adjacent street in your neighborhood that is not signed as a no parking zone. When walking to and from your car, remember not to walk on the newly surfaced street or you may have black residue on the bottom of your shoes. The residue may damage some surfaces, may mark surfaces that you track it on, and may be very difficult to remove. (Name of Contractor) is the Contractor that will be performing the resurfacing work for the City and you may call them at (24 hour per day attended telephone number in the 760 area code) for any questions you may have about the project. On the day your street is surfaced mail delivery may be delayed until the next day. You will not know the exact date your street will be closed until you receive the 3 %" x 8 %" card. If you have a moving company scheduled to come to your house within the next two weeks, please call and inform the Contractor of the date. If you have any concerns which are not addressed by the Contractor, please call the City's Engineering Inspection Department at 602-2780. They will assist you in resolving the concerns. The City of Carlsbad has some of the finest streets in the county due to the concern and cooperation of citizens like you. Your cooperation is greatly appreciated." ., f.., Revised 11/24/10 Contract No. 4080-2 Page 114 of 165 Pages APPENDIX D Federal Labor Standards Provisions {'\ • ., Revised 11/24/10 Contract No. 4080-2 Page 115 of 165 Pages Federal Labor Standards Provisions "''<Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1 )(iv); also, regular contributions made or costs 1curred for more than a weekly period (but not less often 1an quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1 )(ii) and the Davis-Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: U.S. Department of Housing and Urban Development Office of Labor Relations (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee 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 HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1 )(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part Previous editions are obsolete Page 1 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2)(B) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1 )(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been Previous editions are obsolete communicated in writing to the laborers or mechanics. affected, and records which show the costs anticipated c the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www. dol. govlesa/whdlformslwh34 7instr. htm or its,.""""· successor site. The prime contractor is responsible fc the submission of copies of payrolls by all subcontractors: Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information i correct and complete; Page 2 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 '-2) That each laborer or mechanic (including each helper, lprentice, and trainee) employed on the contract during '-""t'he 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 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) 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 subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If '-he contractor or subcontractor fails to submit the required :cords or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as ) the entire work force under the registered program. Any 10rker listed on a payroll at an apprentice wage rate, who Previous editions are obsolete is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ',to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. 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 corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by Page 3 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of ... influencing in any way the action of such Administration ..... makes, utters or publishes any statement knowing the same to be false ..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of th"" prime contract exceeds $100,000. As used in this paragraph, tf · terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. _,........,. '·-~l!ft'~' ~~--~~--~~~------------------------------------------------~--~~~~~~ Previous editions are obsolete form HUD-4010 (06/2009) Page 4 of 5 ref. Handbook 1344.1 'jc,· (3) Withholding for unpaid wages and liquidated 1mages. HUD or its designee shall upon its own action vr upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, 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 subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and ;~fety as determined under construction safety and health 1andards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. ~P-re-v~io_u_s_e_d~it~io_n_s_a_ffi_o~b-s-o~le~te----------------------------------------------------------------~fu-rm--H~U~D--4~0~1~0~(~06~/~20~0~9~)- Page 5 of 5 ref. Handbook 1344.1 APPENDIX E Davis-Bacon Wage Determinations ., f.tr Revised 11/24/10 Contract No. 4080-2 Page 121 of 165 Pages Appendix E General Decision Number: CA160001 12/23/2016 CAl Superseded General Decision Number: CA20150001 State: California Construction Types: Building, Heavy (Heavy and Dredging), Highway and Residential County: San Diego County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS; RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories) Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/08/2016 1 02/12/2016 2 02/19/2016 3 02/26/2016 4 03/04/2016 5 03/18/2016 6 07/01/2016 7 07/08/2016 8 07/22/2016 9 08/12/2016 10 08/26/2016 11 09/16/2016 12 10/21/2016 13 11/11/2016 14 12/16/2016 15 12/23/2016 ASBE0005-002 07/04/2016 Rates Fringes Asbestos Workers/Insulator ., f.., Revised 11/24/10 Contract No. 4080-2 Page 122 of 165 Pages (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) •.••. $ 38.37 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls) •••..•••.••••••••••..•..••• $ 26.15 ASBE0005-004 07/04/2016 Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether Rates they contain asbestos or not) •••• $ 18.38 BOIL0092-003 10/01/2012 Rates BOILERMAKER •••.•••••••••.•.•••••• $ 41.17 * BRCA0004-008 11/01/2016 Rates BRICKLAYER; MARBLE SETTER .••.••.. $ 35.30 * BRCA0018-004 06/01/2016 Rates MARBLE FINISHER ••••••••••••••.••• $ 29.20 TILE FINISHER .................... $ 24.53 TILE LAYER ....................... $ 35.89 * BRCA0018-010 09/01/2016 Rates TERRAZZO FINISHER •...•••••.•..••. $ 28.53 TERRAZZO WORKER/SETTER ••••••••••• $ 35.57 CARP0409-002 07/01/2008 Rates {'\ •+' Revised 11/24/1 0 Contract No. 4080-2 20.13 17.31 Fringes 10.82 Fringes 28.27 Fringes 17.35 Fringes 12.93 11.08 9.08 Fringes 12.27 13.14 Fringes Page 123 of 165 Pages Diver (1) Wet •••••••••••••..••.•.. $ 663.68 (2) Standby ••••••••••••••••• $ 331.84 (3) Tender ............••.... $ 323. 84 (4) Assistant Tender •.•••••• $ 299.84 Amounts in "Rates' column are per day CARP0409-008 08/01/2010 Rates Modular Furniture Installer •••••• $ 17.00 CARP0547-001 07/01/2009 Rates CARPENTER (1) Bridge ••••.••••..•.••.. $ 37.28 (2) Commercial Building •••• $ 32.30 (3) Heavy & Highway ..•..••. $ 37.15 (4) Residential Carpenter •• $ 25.84 (5) Residential Insulation Installer ••••.••• $ 18.00 MILLWRIGHT ••.•••••••••••••••••••• $ 37. 65 PILEDRIVERMAN •••••.•••••••••••••• $ 3 7 • 2 8 CARP0547-002 07/01/2009 Drywall (1) Work on wood framed construction of single family residences, apartments or condominiums under four stories Rates Drywall Installer/Lather •.. $ 21.00 Drywall Stocker/Scrapper •.. $ 11.00 (2) All other work Drywall Installer/Lather ••• $ 27.35 Drywall Stocker/Scrapper ••• $ 11.00 ELEC0569-001 10/01/2016 Rates Electricians (Tunnel Work) Cable Splicer ............... $ 4 7. 72 Electrician .......•...•..••• $ 46.97 Electricians: (All Other Work, Including 4 Stories Residential) Cable Splicer ............•.. $ 42.50 Electrician ••••••••••••••••• $ 41.75 ., f.., Revised 11/24/1 0 Contract No. 4080-2 9.82 9.82 9.82 9.82 Fringes 7.41 Fringes 10.58 10.58 10.58 10.58 8.16 10.58 10.58 Fringes 8.58 6.67 9.58 6.67 Fringes 3%+12.63 3%+12.63 3%+12.63 3%+12.63 Page 124 of 165 Pages ELEC0569-004 06/01/2015 Rates Fringes ELECTRICIAN (Sound & Communications Sound Technician) •••••••••.•••••••••••• $ 2 9. 55 11. 92 SOUND TECHNICIAN: Terminating, operating and performing final check-out ELEC0569-005 06/06/2016 Rates Fringes Sound & Communications Sound Technician •••••••••••. $ 30.22 12.21 SOUND TECHNICIAN: Terminating, operating and performing final check-out ELEC0569-006 10/05/2015 Work on street lighting; traffic signals; and underground systems and/or established easements outside of buildings Traffic signal, street light and underground work Rates Utility Technician tl ••.••.• $ 29.50 Utility Technician t2 ••••••• $ 24.65 STREET LIGHT & TRAFFIC SIGNAL WORK: Fringes 8.31 8.16 UTILITY TECHNICIAN tl: 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 t2: Distribution of material at jobsite, installation of underground ducts for electrical, telephone, cable TV land communication systems. The setting, leveling, grounding and racking of precast manholes, handholes and transformer pads. ELEC0569-008 06/06/2016 Rates Fringes {'\ • ., Revised 11/24/10 Contract No. 4080-2 Page 125 of 165 Pages ELECTRICIAN (Residential, 1-3 Stories) .••••••••...•••••••••.••• $ 31.69 ELEC1245-001 06/01/2015 Rates LINE CONSTRUCTION (1) Lineman; Cable splicer .. $ 52.85 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment) ••••••••••• $ 42.21 (3) Groundman .•••••••.••••.. $ 32.28 (4) Powderman ............... $ 47.19 3%+6.61 Fringes 15.53 14.32 14.03 14.60 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ELEV0018-001 01/01/2015 Rates Fringes ELEVATOR MECHANIC ••••.•••.••••••• $ 49.90 28.38 FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ENGI0012-003 07/01/2016 OPERATOR: (All Other GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP Power Equipment Work) 1 •.•••••••••••••••••• $ 2 •.•••.•••••••••••••• $ 3 ••••••••••.•••••••.• $ 4 •••••••••••••••••••• $ 5 ••...••.••••...•••.. $ 6 •••••••••••••.•••••. $ 8 •.•••....••••....••• $ 9 •.•••.•••••••••••••• $ 10 •••.•••.•.•••.•••••• $ 11 ....•............•.. $ 12 •••••••.•••••••••••. $ Rates 39.95 40.73 41.02 42.51 41.86 41.83 42.84 42.19 42.96 42.31 43.13 Fringes 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 ., f.~ Revised 11/24/10 Contract No. 4080-2 Page 126 of 165 Pages GROUP 13 •••.••.•.•••..•..•.. $ 43.23 23.35 GROUP 14 •••.•.•••••••.•.•••• $ 43.26 23.35 GROUP 15 ••..•••.••••.•••.••. $ 43.34 23.35 GROUP 16 •••••••.•••••••••••• $ 43.46 23.35 GROUP 17 .•.••.........•..... $ 43.63 23.35 GROUP 18 .••••••••••.•.•••••• $ 43.73 23.35 GROUP 19 •••••.•••••••.•••••• $ 43.84 23.35 GROUP 20 ••.••.•••.••.••••••• $ 43.96 23.35 GROUP 21 .•..••...•.•.•••.... $ 44.13 23.35 GROUP 22 •••••••••.••••••••.. $ 44.23 23.35 GROUP 23 •••.••••••.••.•..•.• $ 44.34 23.35 GROUP 24 .••••••••••••••••••• $ 44.46 23.35 GROUP 25 ••••••••••••••••••.• $ 44.63 23.35 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1 •••••.•••••••.•••••• $ 43.20 22.15 GROUP 2 ••••••••••••••••••.• $ 43.98 22.15 GROUP 3 .••.•.......••••.... $ 44.27 22.15 GROUP 4 •••••.•.•••••••.•..• $ 44.41 22.15 GROUP 5 •••.•••••.•••.•..••. $ 44.63 22.15 GROUP 6 •••••••••••••••••••• $ 44.74 22.15 GROUP 7 .•••••••...•..••..•. $ 44.86 22.15 GROUP a .•..•......•..•..••. $ 45.03 22.15 GROUP 9 •••••••••.••••••..•• $ 45.20 22.15 GROUP 10 •••••••••••••••••••• $ 46.20 22.15 GROUP 11 •••••••••••••••••••• $ 47.20 22.15 GROUP 12 •••••••••••••••••••• $ 48.20 22.15 GROUP 13 •••.•••••••••••••••. $ 49.20 22.15 OPERATOR: Power Equipment (Tunnel Work) GROUP 1 .•..•.•••••••.•••••• $ 41.80 23.35 GROUP 2 •••••••....•••••.•.. $ 42.58 23.35 GROUP 3 •••••••••••••••••••• $ 42.87 23.35 GROUP 4 .••.•••.•.•••.••.... $ 43.01 23.35 GROUP 5 .•••..••.•••••.••••. $ 43.23 23.35 GROUP 6 •••••••.•••••••••••• $ 43.34 23.35 GROUP 7 .........•.......•.. $ 43.46 23.35 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Qperator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch ., '-.,Revised 11/24/10 Contract No. 4080-2 Page 127 of 165 Pages .,...."""" Witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt-rubber plant operator (nurse tank operator); Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types -Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; 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; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types -Watson 1000 auger or similar types -Texoma 330, 500 or 600 auger or similar types -drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt {'\ •+' Revised 11/24/10 Contract No. 4080-2 Page 128 of 165 Pages 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 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types -Watson 1500, 2000 2500 auger or similar types -Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pumpcrete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber-tired earth-moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 -100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity) : Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman t' •if Revised 11/24/1 0 Contract No. 4080-2 Page 129 of 165 Pages GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol-blade operator (single engine); Multiple engine tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman -Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types -Watson, auger 6000 or similar types -Hughes Super Duty, auger 200 or similar types-drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth-moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self-loading scraper operator (paddle-wheel-auger type self-loading -two (2) or more units) GROUP 13: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote-control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine-up to and including 25 yds. struck) GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment ., f.., Revised 11/24/10 Contract No. 4080-2 Page 130 of 165 Pages operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem -Quad 9 and similar type) GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units -single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units -multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units -multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system {'\ •+' Revised 11/24/10 Contract No. 4080-2 Page 131 of 165 Pages (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator {includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons rnrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, ., \..,-Revised 11/24/10 Contract No. 4080-2 Page 132 of 165 Pages stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator {over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator {over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power-driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); Purnpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES ., '-., Revised 11/24/10 Contract No. 4080-2 Page 133 of 165 Pages $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m Rl4E, San Bernardino Meridian. Continue W in a straight line to that point which is the sw corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue w along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM. ContinueS to SW corner of TllN, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, RlE, SBM. Continue S along west boundary of RlE, SMB to Riverside County line at the SW corner of TlS, RlE, SBM. Continue E along south boundary of Tls, SBM (Riverside County Line) to SW corner of T1S, RlOE, SBM. Continue S along west boundary of RlOE, SBM to Imperial County line at the SW corner of TBS, RlOE, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, Tl7N, Rl4E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, Rl6E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM. Continue S along West side of Rl8E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa ., ~., Revised 11/24/1 0 Contract No. 4080-2 Page 134 of 165 Pages Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between TllN SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T2SS, R16E, MOM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, TlON, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue s to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MOM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, TlON, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ENGI0012-004 08/01/2015 Rates Fringes {'\ •f' Revised 11/24/10 Contract No. 4080-2 Page 135 of 165 Pages OPERATOR: Power Equipment (DREDGING) (1) Leverman •.•••••••••..•.. $ 49.50 (2) Dredge dozer .••••••••••• $ 43.53 (3) Deckmate ................ $ 43.42 (4) Winch operator (stern winch on dredge) •••••••••••. $ 42.87 (5) Fireman-Oiler, Deckhand, Bargeman, Leveehand ••••••.•.••.•••••.• $ 42.33 (6) Barge Mate ••••.••••..•.. $ 42.94 IRON0377-002 07/01/2016 Rates Ironworkers: Fence Erector .••••.••••••••. $ 28.33 Ornamental, Reinforcing and Structural •••••••••••••• $ 34.75 PREMIUM PAY: 23.60 23.60 23.60 23.60 23.60 23.60 Fringes 20.64 29.20 $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms -Marine Corps, U.S. Marine Base -Barstow, U.S. Naval Air Facility -Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute -Monterey, Fallon Air Base, Naval Post Graduate School -Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station -Two Rock LAB00089-001 07/18/2016 LABORER (BUILDING and all other Residential Construction) Rates Group 1 .•.....••.••.•.•..•.. $ 29.42 Group 2 ••.••...•••••••••••.. $ 30.10 Group 3 ..................... $ 30.81 Group 4 ••••.•••••.•••.•..••. $ 31. 61 Group 5 ........•...........• $ 33.54 LABORER (RESIDENTIAL Fringes 19.78 19.78 19.78 19.78 19.78 •'\ '-+'Revised 11/24/10 Contract No. 4080-2 Page 136 of 165 Pages CONSTRUCTION -See definition below) (1) Laborer ....•..•.•.••.••. $ 27.32 (2) Cleanup, Landscape, Fencing (Chain Link & Wood).$ 26.03 18.11 18.11 RESIDENTIAL DEFINITION: Wood or metal frame construction of single family residences, apartments and condominums - excluding (a) projects that exceed three stories over a garage level, (b) any utility work such as telephone, gas, water, sewer and other utilities and (c) any fine grading work, utility work or paving work in the future street and public right-of-way; but including all rough grading work at the job site behind the existing right of way LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete Screeding for Rought Strike-off; Concrete, water curing; Demolition laborer; Flagman; Gas, oil and/or water pipeline laborer; General Laborer; General clean-up laborer; Landscape laborer; Jetting laborer; Temporary water and air lines laborer; Material hoseman (walls, slabs, floors and decks); Plugging, filling of Shee-bolt holes; Dry packing of concrete; Railroad maintenance, Repair Trackman and road beds, Streetcar and railroad construction trac laborers; Slip form raisers; Slurry seal crews (mixer operator, applicator operator, squeegee man, Shuttle man, top man), filling of cracks by any method on any surface; Tarman and mortar man; Tool crib or tool house laborer; Window cleaner; Wire Mesh puling-all concrete pouring operations GROUP 2: Asphalt Shoveler; Cement Dumper (on 1 yard or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute man, pouring concrete, the handling of the cute from ready mix trucks, such as walls, slabs, decks, floors, foundations, footings, curbs, gutters and sidewalks; Concrete curer-impervious membrane and form oiler; Cutting torch operator (demoliton); Guinea chaser; Headboard man-asphlt; Laborer, packing rod steel and pans; membrane vapor barrier installer; Power broom sweepers (small); Riiprap, stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Tank sealer and cleaner; Tree climber, faller, chain saw operator, Pittsburgh Chipper and similar type brush shredders; Underground laborers, including caisson bellower GROUP 3: Buggymobile; Concrete cutting torch; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2 1/2 feet drill steel or longer; Dri Pak-it machine; High sealer (including drilling of same); Hydro seeder and similar type; Impact wrench, mult-plate; Kettleman, potmen and mean applying asphalt, lay-kold, creosote, line caustic and similar type materials (applying means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operators of pneumatic, gas, .,. f.., Revised 11/24/10 Contract No. 4080-2 Page 137 of 165 Pages electric tools, vibratring machines, pavement breakers, air blasting, come-along, and similar mechanical tools not separately classified herein; Pipelayers back up man coating, grouting, making of joints, sealing, caulking, diapering and inclduing rubber gasket joints, pointing and any and all other services; Rotary Scarifier or multiple head concrete chipping scaarifier; Steel header board man and guideline setter; Tampers, Barko, Wacker and similar type; Trenching machine, handpropelled GROUP 4: Asphalt raker, luterman, ironer, apshalt dumpman and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), Grinder or sander; Concrete saw man; cutting walls or flat work, scoring old or new concrete; Cribber, sharer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Laser beam in connection with laborer's work; OVersize concrete vibrator operator 70 pounds and over; Pipelayer performing all services in the laying, installation and all forms of connection of pipe from the point of receiving pipe in the ditch until completion of oepration, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit, and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid, gas, air or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzleman), Porta shot-blast, water blasting GROUP 5: Blasters Powderman-All work of loading holes, placing and blasting of all pwder and explosives of whatever type, regardless of method used for such loading and placing; Driller-all power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power. LAB00089-002 11/01/2016 Rates LABORER (MASON TENDER) ..•.••••••. $ 29.62 LAB00089-004 07/03/2016 HEAVY AND HIGHWAY CONSTRUCTION Rates Laborers: Group 1 .......•.......••.... $ 30.54 Group 2 .••.•••••••.••••••••• $ 31.00 Group 3 •..•••••••••.•••••••. $ 31.41 Group 4 ••.•••••••••••••••••• $ 32.25 Fringes 15.89 Fringes 17.89 17.89 17.89 17.89 ., ~+'Revised 11/24/10 Contract No. 4080-2 Page 138 of 165 Pages Group 5 ••••.••.••....••..••. $ 36.37 17.89 LABORER CLASSIFICATIONS GROUP 1: Laborer: General or Construction Laborer, Landscape Laborer. Asphalt Rubber Material Loader. Boring Machine Tender (outside), Carpenter Laborer (cleaning, handling, oiling & blowing of panel forms and lumber), Concrete Laborer, Concrete Screeding for rough strike-off, Concrete water curing. concrete Curb & Gutter laborer, Certified Confined Space Laborer, Demolition laborer & Cleaning of Brick and lumber,Expansion Joint Caulking; Environmental Remediation, Monitoring Well, Toxic waste and Geotechnical Drill tender, Fine Grader, Fire Watcher, Limbers, Brush Loader, Pilers and Debris Handlers. flagman. Gas Oil and Water Pipeline Laborer. Material Roseman (slabs, walls, floors, decks); Plugging, filling of shee bolt holes; Dry packing of concrete and patching; Post Haler Digger (manual); Railroad maintenance, repair trackman, road beds; Rigging & signaling; Scaler, Slip-Form Raisers, Filling cracks on any surface, tool Crib or Tool House Laborer, Traffic control (signs, barriers, barricades, delineator, cones etc.), Window Cleaner GROUP 2: Asphalt abatement; Buggymobile; Cement dumper (on 1 yd. or larger mixers and handling bulk cement); Concrete curer, impervious membrane and form oiler; Chute man, pouring concrete; Concrete cutting torch; Concrete pile cutter; driller/Jackhammer, with drill steel 2 1/'2 feet or longer; Dry pak-it machine; Fence erector; Pipeline wrapper, gas, oil, water, pot tender & form man; Grout man; Installation of all asphalt overlay fabric and materials used for reinforcing asphalt; Irrigation laborer; Kettleman-Potman hot mop, includes applying asphalt, lay-klold, creosote, lime caustic and similar tyhpes of materials (dipping, brushing, handling) and waterproofing; Membrane vapor barrier installer; Pipelayer backup man (coating, grouting, making of joints, sealing caulkiing, diapering including rubber basket joints, pointing); Rotary scarifier, multiple head concrete chipper; Rock slinger; Roto scraper & tiller; Sandblaster pot tender; Septic tank digger/installer; Tamper/wacker operator; Tank scaler & cleaner; Tar man & mortar man; Tree climber/faller, chainb saw operator, Pittsburgh chipper & similar type brush shredders. GROUP 3: Asphalt, installation of all frabrics; Buggy Mobile Man, Bushing hammer; compactor (all types), Concrete Curer -Impervious membrane, Form Oiler, Concrete Cutting Torch, Concrete Pile Cutter,Driller/Jackhammer with drill steel 2 1/2 ft or longer, Dry Pak-it machine, Fence erector including manual post hole digging, Gas oil or water Pipeline Wrapper - 6 ft pipe and over, Guradrail erector, Hydro seeder, Impact Wrench man (multi plate), kettleman-Potman Hot Mop includes applying Asphalt, Lay-Kold, Creosote, lime caustic and similar types of materials (dipping, brushing or handling} and l'\ • ., Revised 11/24/10 Contract No. 4080-2 Page 139 of 165 Pages waterproofing. Laser Beam in connection with Laborer work. High Scaler, Operators of Pneumatic Gas or Electric Tools, Vibrating Machines, Pavement Breakers, Air Blasting, Come-Alongs and similar mechanical tools, Remote-Controlled Robotic Tools in connection with Laborers work. Pipelayer Backup Man (Coating, grouting,m makeing of joints, sealing, caulking, diapering including rubber gasket joints, pointing and other services). Power Post Hole Digger, Rotary Scarifier (multiple head concrete chipper scarifier), Rock Slinger, Shot Blast equipment (8 to 48 inches), Steel Headerboard Man and Guideline Setter, Tamper/Wacker operator and similar types, Trenching Machine hand propelled. GROUP 4: Any worker exposed to raw sewage. Asphalt Raker, Luteman, Asphalt Dumpman, Asphalt Spreader Boxes, Concrete Core Cutter, Concrete Saw Man, Cribber, Sharer, Head Rock Slinger. Installation of subsurface instrumentation, monitoring wells or points, remediation system installer; Laborer, asphalt-rubber distributor boatman; Oversize concrete vibrator operators, 70 pounds or over. Pipelayer, Prfefabricated Manhole Installer, Sandblast Nozzleman (Water Balsting-Porta Shot Blast), Traffic Lane Closure. GROUP 5: Blasters Powderman-All work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Horizontal directional driller, Boring system, Electronic traking, Driller: all power drills excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and all other types of mechanical drills without regard to form of motive power. Environmental remediation, Monitoring well, Toxic waste and Geotechnical driller, Toxic waste removal. Welding in connection with Laborer's work. LAB00300-005 01/01/2016 Rates Fringes Asbestos Removal Laborer ...•.••.. $ 30.43 16.07 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and disposal of asbestos-containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. LAB01184-001 07/04/2016 Rates Fringes Laborers: (HORIZONTAL l' • ., Revised 11/24/10 Contract No. 4080-2 Page 140 of 165 Pages DIRECTIONAL DRILLING) (1) Drilling Crew Laborer ••• $ 33.65 13.95 (2) Vehicle Operator/Hauler.$ 33.82 13.95 (3) Horizontal Directional Drill Operator .•••••..••.••. $ 35.67 13.95 (4) Electronic Tracking Locator ••••••••••••.•••••••• $ 37.67 13.95 Laborers: (STRIPING/SLURRY SEAL) GROUP 1 ••.•••••••••••••••••• $ 34.86 17.03 GROUP 2 ••.•.•••••.••..•..••. $ 36.16 17.03 GROUP 3 ••.•••••••••••••••••• $ 38.17 17.03 GROUP 4 ••••••••••.••••••.••• $ 39.91 17.03 LABORERS -STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment LAB01414-003 08/03/2016 Rates LABORER PLASTER CLEAN-UP LABORER •••• $ 31.60 PLASTER TENDER ...........•.. $ 34.15 Fringes 19.28 19.28 ., '-+'Revised 11/24/10 Contract No. 4080-2 Page 141 of 165 Pages Work on a swing stage scaffold: $1.00 per hour additional. Work at Military Bases -$3.00 additional per hour: Coronado Naval Amphibious Base, Fort Irwin, Marine Corps Air Station-29 Palms, Imperial Beach Naval Air Station, Marine Corps Logistics Supply Base, Marine Corps Pickle Meadows, Mountain Warfare Training Center, Naval Air Facility-Seeley, North Island Naval Air Station, Vandenberg AFB. PAIN0036-001 07/01/2015 Painters: (Including Lead Abatement) (1) Repaint (excludes San Rates Diego County) .........•..•.. $ 27.29 (2) All Other Work ••..••••.• $ 30.72 Fringes 12.83 12.83 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. PAIN0036-010 10/01/2015 DRYWALL FINISHER/TAPER (1) Building & Heavy Rates Construction ••..•••••••..•.. $ 27. 84 (2) Residential Construction (Wood frame apartments, single family homes and multi-duplexes up to and including four stories) ••••••••••••..••••.• $ 21.00 PAIN0036-012 10/01/2016 Rates GLAZIER •••••••.•••••.•••• , ••••••. $ 41.55 PAIN0036-019 01/01/2016 Rates SOFT FLOOR LAYER •••••.•••..••.••• $ 26.77 PLAS0200-005 08/06/2015 Rates Fringes 15.20 13.91 Fringes 11.93 Fringes 13.53 Fringes ., f.., Revised 11/24/10 Contract No. 4080-2 Page 142 of 165 Pages PLASTERER ••••••••.••••••..••••••. $ 38.44 13.77 NORTH ISLAND NAVAL AIR STATION, COLORADO NAVAL AMPHIBIOUS BASE, IMPERIAL BEACH NAVAL AIR STATION: $3.00 additional per hour. PLASOS00-001 07/01/2016 Rates CEMENT MASON/CONCRETE FINISHER GROUP 1 ..................... $ 23.84 GROUP 2 .•••.••..•••••.•••••• $ 25.49 GROUP 3 ••.•••••••••.••••••.• $ 27.57 Fringes 21.17 21.17 21.17 CEMENT MASONS -work inside the building line, meeting the following criteria: GROUP 1: Residential wood frame project of any size; work classified as Type III, IV or Type V construction; interior tenant improvement work regardless the size of the project; any wood frame project of four stories or less. GROUP 2: Work classified as type I and II construction GROUP 3: All other work PLUM0016-006 07/01/2016 PLUMBER, PIPEFITTER, STEAMFITTER Rates Camp Pendleton •••••••••••••• $ 51.69 Plumber and Pipefitter All other work except work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space and work on strip malls, light commercial, tenant improvement and remodel work ••••••••••••••••••••••• $ 47.19 Work ONLY on new additions and remodeling of commercial buildings, bars, restaurants, and stores not to exceed 5,000 sq. ft. of floor space •••••• $ 45.73 Work ONLY on strip malls, light commercial, tenant Fringes 21.41 21.41 20.43 ., f..,-Revised 11/24/10 Contract No. 4080-2 Page 143 of 165 Pages improvement and remodel work •••••••••••.•••••••••••• $ 35.69 PLUM0016-011 07/01/2016 Rates PLUMBER/PIPEFITTER Residential ...•.......•..•.. $ 38.17 PLUM0345-001 07/01/2014 Rates PLUMBER Landscape/Irrigation Fitter.$ 29.27 Sewer & Storm Drain Work •••• $ 33.24 ROOF0045-001 07/01/2012 Rates ROOFER ••••.•.•••.••.••••••.••.••. $ 25.08 SFCA0669-001 04/01/2016 Rates SPRINKLER FITTER ••••.•••••••••••. $ 37.67 SHEE0206-001 07/01/2015 Rates SHEET METAL WORKER Camp Pendleton •••••••••••••• $ 37.55 Except Camp Pendleton ••••••• $ 35.33 Sheet Metal Technician ...... $ 25.22 SHEET METAL TECHNICIAN -SCOPE: 18.76 Fringes 17.33 Fringes 19.75 17.13 Fringes 7.28 Fringes 19.56 Fringes 23.23 23.23 6.69 a. Existing residential buildings, both single and multi-family, where each unit is heated and/or cooled by a separate system b. New single family residential buildings including tracts. c. New multi-family residential buildings, not exceeding five stories of living space in height, provided each unit is heated or cooled by a separate system. Hotels and motels are excluded. d. LIGHT COMMERCIAL WORK: Any sheet metal, heating and air conditioning work performed on a project where the total construction cost, excluding land, is under $1,000,000 e. TENANT IMPROVEMENT WORK: Any work necessary to finish interior spaces to conform to the occupants of commercial buildings, after completion of the building shell TEAM0036-001 07/04/2016 l' •+' Revised 11 /24/1 0 Contract No. 4080-2 Page 144 of 165 Pages Rates Truck drivers: GROUP 1 ••.••••••••••••••.••• $ 15.90 GROUP 2 .•••.••.••.••.••••••. $ 23.49 GROUP 3 •..•.•••.•••..•••.•.. $ 23.69 GROUP 4 ••••••••••••••••••••• $ 23.89 GROUP 5 ••.•••.•••.••••••••.• $ 24.09 GROUP 6 .....•.........•..•.. $ 24.59 GROUP 7 ••••••••••.••.•••••.. $ 26.09 Fringes 30.69 30.69 30.69 30.69 30.69 30.69 30.69 FOOTNOTE: HAZMAT PAY: Work on a hazmat job, where hazmat certification is required, shall be paid, in addition to the classification working in, as follows: Levels A, B and c-+$1.00 per hour. Workers shall be paid hazmat pay in increments of four (4) and eight (8) hours. TRUCK DRIVER CLASSIFICATIONS GROUP 1: Fuel Man, Swamper GROUP 2: 2-axle Dump Truck, 2-axle Flat Bed,Concrete Pumping Truck, Industrial Lift Truck, Motorized Traffic Control, Pickup Truck on Jobsite GROUP 3: 2-axle Water Truck, 3-axle Dump Truck, 3-axle Flat Bed, Erosion Control Nozzleman, Dump Crete Truck under 6.5 yd, Forklift 15,000 lbs and over, Prell Truck, Pipeline Work Truck Driver, Road Oil Spreader, Cement Distributor or Slurry Driver, Boatman, Ross Carrier GROUP 4: Off-road Dump Truck under 35 tons 4-axles but less than 7-axles, Low-Bed Truck & Trailer, Transit Mix Trucks under 8 yd, 3-axle Water Truck, Erosion Control Driver, Grout Mixer Truck, Dump Crete 6.5yd and over, Dumpster Trucks, DW 10, DW 20 and over, Fuel Truck and Dynamite, Truck Greaser, Truck Mounted Mobile Sweeper 2-axle Winch Truck GROUP 5: Off-road Dump Truck 35 tons and over, 7-axles or more, Transit Mix Trucks 8 yd and over, A-Frame Truck, Swedish Cranes GROUP 6: Off-Road Special Equipment (including but not limited to Water Pull Tankers, Athey Wagons, DJB, B70 Wuclids or like Equipment) GROUP 7: Repairman WELDERS -Receive rate prescribed for craft performing operation to which welding is incidental • . , f.., Revised 11/24/10 Contract No. 4080-2 Page 145 of 165 Pages Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Onion Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Onion prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a ., f.., Revised 11/24/10 Contract No. 4080-2 Page 146 of 165 Pages new survey is conducted. Union Average Rate Identifiers Classification{s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * * * * an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: l'\ • ., Revised 11/24/10 Contract No. 4080-2 Page 14 7 of 165 Pages Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION ., f.., Revised 11/24/10 Contract No. 4080-2 Page 148 of 165 Pages APPENDIX F Housing and Urban Development (HUD) Section 3 ., ~., Revised 11/24/10 Contract No. 4080-2 Page 149 of 165 Pages HUD SECTION 3, CONTRACT CLAUSES & SUPPLEMENTAL CONTRACT DOCUMENTSCDBG/FEDERALL Y FUNDED PROJECT PROJECT: Barrio ADA Pedestrian Improvements-Phase 2 -CDBG Federally Funded Project (Contract No. 4080) A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u(section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3 shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's under obligations under 24 CFR part 135 . . , '-+' Revised 11/24/10 Contract No. 4080-2 Page 150 of 165 Pages HUD SECTION 3 EXAMPLES OF GOOD-FAITH EFFORTS Priorities: In making good faith efforts to hire Section 3 qualified residents and to award contracts to Section 3 businesses, priority should be given, to the greatest extent feasible, to: 1. Low income residents residing in the services area or neighborhood in which the Section 2. Participants in HUD Youthbuild programs. 3. Residents of HUD assisted housing. 4. Section 3 businesses which provide economic opportunities for low-income persons residing in the project area. Our company will actively participate in Section 3 efforts by: (examples) a. Advertising the training and employment positions by distributing flyers (which identify the positions to be filled, the qualifications required, and where to obtain additional information about the application process) to dwelling units in the neighborhood in which the Section 3 covered project is located. b. Advertising the training and employment positions at the site or proposed project site, and at public and private agencies within the neighborhood such as grocery stores, shopping centers, schools, homeless shelters, and churches. c. Contacting neighborhood organizations in the Section 3 project area, and requesting the assistance of these organizations in notifying neighborhood residents of the training and employment positions to be filled. d. Scheduling and advertising a job informational and recruiting meeting the neighborhood. e. Contracting HUD Youthbuild programs and requesting their assistance in recruiting Youthbuild pre-apprentice program participants. f. Contacting local JTPA funded nonprofit job training agencies. g. Consulting with community leaders, community organizations, resident councils and resident management groups to assist in recruiting . . , ~+' Revised 11/24/1 0 Contract No. 4080-2 Page 153 of 165 Pages HUD SECTION 3 ECONOMIC OPPORTUNITY PLAN Date: 2/28/17 Project Name: Barrio ADA/Pedestrian Improvements -Phase 2 Contract Person: Heather Barnhill Project Address: Various Location, Carlsbad. CA Contractor Name: Miramar General Engineering Address: 8400 Miramar Rd .. Suite 222A. San Diego. CA 92126 1. Description of Section 3 project area boundaries: Boundary is the U.S. Census Tract(s) in which the project is located and/or surrounding tracts: CT#(s) 2. Planned Section 3 hires: In columns 1 & 2 indicate, by trade, the number of positions (new hires*) created by the project. Enter the number of planned Section 3 hires in column 3. ALL TRADES/CRAFTS TOTAL NUMBER OF NUMBER OF PLANNED NEW POSITIONS SECTION 3 AREA HIRES Laborer Grouo 1 0 0 C:ement M::~<>on 0 0 Adm' · 0 0 * New hires means full-time employees for permanent, temporary or seasonal employment opportunities . . , \.+' Revised 11/24/1 0 Contract No. 4080-2 Page 154 of 165 Pages HUD SECTION 3 ECONOMIC OPPORTUNITY PLAN (continued) (Attach additional pages if necessary) 3. Outreach Plan: a. Indicate sites that will be used to advertise, recruit and hire Section 3 employees for this project: Nl A b. List sources and/or methods of recruitment of Section 3 potential employees. (See sample of Good Faith Effort-attached). N/A c. List State approved apprenticeship programs to be utilized, if any. Cement Masons JAC d. List Job Training Partnership Act or Youthbuild programs to be utilized, if any. N/A e. List of Section 3 eligible suppliers, subcontractors, vendors and services providers to be utilized: Name No subcontractors Amount$. ______ _ Address. _________ _ Phone __________ _ Name Addre-ss _________ _ Amount$ ______ _ Phone __________ _ Name Addre-ss _________ _ Amount$ ______ _ Phone __________ _ l'\ •f' Revised 11/24/10 Contract No. 4080-2 Page 155 of 165 Pages HUD SECTION 3 BID PREFERENCE TABLE Implementing Section 3 preference can result in a contract being awarded to a contractor other than the lowest bidder. A responsive bid must address Section 3 requirements. A bid that meets Section 3 criteria can be selected even when it is "x'' dollars above the lowest bid. The chart below summarizes the value of the "x" factor in evaluating bids. LOWEST BID IS: ADDED COST IS THE LESSER OF: Less than$100,000 10% of that bid, or $9,000 At least $100,000 but less than $200,000 9% of that bid, or $16,000 At least $200,000 but less than $300,000 8% of that bid, or $21,000 At least $300,000 but less than $400,000 7% of that bid, or $24,000 At least $400,000 but less than $500,000 6% of that bid, or $25,000 At least $500,000 but less than $1 million 5% of that bid, or $40,000 At least $1 million but less than $2 million 4% of that bid, or $60,000 At least $2 million but less than $4 million 3% of that bid, or $80,000 At least $4 million but less than $7 million 2% of that bid, or $105,000 $7 million or more 1 %% of the lowest responsive bid, with no dollar limit ., \.., Revised 11/24/1 0 Contract No. 4080-2 Page 156 of 165 Pages Form 1. Form 2. Form 3. Form 4. Form 5. Form 6. HUD SECTION 3 REPORTS SECTION 3 EMPLOYEE INFORMATION CONTRACTOR'S/SUBCONTRACTOR'S SECTION 3 MONTHLY REPORT/PART1: EMPLOYMENT AND TRAINING CONTRACTOR'S/SUBCONTRACTOR'S SECTION 3 MONTHLY REPORT/PART II: CONTRACTS AWARDED INCOME CERTIFICATION FOR SECTION 3 RESIDENT CERTIFICATION OF PARTICIPATION IN HUD HOUSING PROGRAMS CERTIFICATION OF SECTION 3 BUSINESS CONCERN MAIL REPORT TO: CITY OF CARLSBAD Housing & Neighborhood Services Department c/o CDBG Administrator 1200 Carlsbad Village Drive Carlsbad, CA 92008 Please note that all Section 3 required forms must be completed in full and signed. Forms must be submitted prior to release of funds. When there is an item on the form that is not applicable to your business, please indicate with "N/A." All contractors, subcontractors, and subrecipients are required to fill in all information . . , f.., Revised 11/24/1 0 Contract No. 4080-2 Page 157 of 165 Pages JOB ADDRESS: Various Location. Carlsbad EMPLOYEE NAME ADDRESS/ZIP CODE/PHONE NUMBER SOCIAL SECURITY NUMBER NAME N/A ADDRESS CITY/ZIP SS# I Phone NAME ADDRESS CITY/ZIP SS# I Phone NAME ADDRESS CITY/ZIP SS# I Phone NAME ADDRESS CITY/ZIP SS# I Phone NAME ADDRESS CITY/ZIP SS# I Phone CITY OF CARLSBAD SECTION 3 EMPLOYEE INFORMATION ALL NEW HIRES HOW MANY TOTAL GENDER IN FAMILY ETHNICITY M/F FAMILY INCOME* CODE** NA NA NA NA TRADE/CRAFT CLASSIFICATION NA *TOTAL FAMILY INCOME (NOT TO EXCEED 80% OF MEDIAN INCOME), 80% OF MEDIAN FAMILY INCOME PER HOUSEHOLD1 Median $73,000 1 PER 2 PER 3 PER 4 PER 5 PER 6 PER 7 PER Low Income **RACIAUETHNIC CODES: 45,400 51,850 1 -WHITE AMERICAN 2-BLACK AMERICAN 3-NATIVE AMERICAN 4-HISPANIC AMERICAN 58,350 5-ASIAN/PACIFIC ISLAND AMERICAN 2015 AMI figures used in chart. 64,800 70,000 75,200 80,400 8PER 85,550 TOTAL JOB HOURS HRLY WORKED SALARY NA NA CITY OF CARLSBAD CONTRACTOR'S/SUBCONTRACTOR'S SECTION 3 MONTHLY REPORT JOB ADDRESS: Various Locations Carlsbad CA Contractor Miramar General Engineering Contract Start Date.--=~:l.----------Date of Report, _ _.2:.L./2.::..~8lL./.LJ7L-______ _ Address84oo Miramar Rd San Diego CA 9212()Contract Completion Date. __ _.N-'-'A_,__ ____ _ Telephone 858-663-4933 ' Report Period. ____________ _ Contract Amount__NA Program Code: __________ _ I PART 1: Employment and Training I Job Category Professionals Technicians Office/Clerical Construction by Trade Trade: Electrician Trade: Painter Trade: Carpenter Trade: Trade: Trade: Other: (list) Program Codes 1 -Flexible Subsidy 2 -Section 202/811 3-Public/Indian Housing Development, Opera tion & Maintenance 4 -Homeless Assistance only) 5-HOME New Hires who are Section 3 Residents NA NA NA NA NA NA NA NA NA NA NA 6-HOME (State) 7-CDBG 8-CDBG 9 -Other CD Program Total Hours for Section 3 Employees & Trainees NA NA NA NA NA NA NA NA NA NA NA X-Other Housing Programs *Preference Category Section 3 Hires & Trainees NA NA NA NA NA NA NA NA NA NA NA ---, __ *Preference Category 1 -YouthBuild 2-Homeless 3 -Other Section 3 4-HACLA 5-Section 8 **Racial/Ethnic Code(s) 1 2 3 4 ·- **Racial/Ethnic Codes: 1 -White American 2 -Black American 3 -Native American 4 -Hispanic American 5 -Asian/Pacific American 5 6 -Hasidic Jews (for Part II CITY OF CARLSBAD SECTION 3 BUSINESS USAGE MONTHLY REPORT JOB ADDRESS: Various I ocations Carlsbad CA Contractor Miramar General Engineering Address 8400 Miramar Rd., Ste. 222A San Diego, Ca 92126 Contract Start Date. _ _,_N,_A-'---------- Contract Completion Date.--~."""'"------- Date of Report. _ ___...,21 ..... 28 ... 1..._J7L..-. _____ _ Contract Amount ~N:!£A:!.,._ _______ _ PART II: Contracts Awarded for Materials/SuppliesNendors COMPLETE FOR EACH SUBCONTRACT 1. A. B. C. D. Construction Contracts Total dollar amount of contracUsubcontract total dollar amount of contracUsubcontracts awarded to Section 3 businesses Percentage of the total dollar amount that was awarded to Section 3 businesses Name, address and dollar amount of each Section 3 business NA NA NA NA E. Nature of Contract._""-1::>---------------------------------------- F. Enter the number of Section 3 businesses receiving contracts by Racial/Ethnic code(s) (See Codes on Form2) 11 NA 21 NA I 31 NA I 41 NA I 51 NA I 61 NA I 2. Non Construction Contracts A. Total dollar amount of all non-construction contracts/subcontracts B. Total dollar amount of non-construction/subcontracts awarded to Section 3 businesses C. Percentage of the total dollar amount that was awarded to Section 3 businesses D. Total number of Section 3 businesses receiving non-construction contracts E. Enter number of Section 3 businesses receiving non-construction contracts by Racial/Ethnic codes(s) 11 NA I 21 NA I 31 NA I 41 NA I 51 NA I 61 NA I CITY OF CARLSBAD Housing & Neighborhood Services 1200 Carlsbad Village Drive, Carlsbad, CA 92008 INCOME CERTIFICATION FOR RESIDENT SEEKING SECTION 3 PREFERENCE IN TRAINING AND EMPLOYMENT I, ----'N"""'A:....!...,_ _______________ am a resident at the following address: I hereby certify that my total family income for the previous 12 months was $ _____ _ and the total number of adults contributing towards my family support is. ______ _ The total number of individuals in my family is---------------- Documentation is available to verify the above information. Signature of Section 3 Resident Date Print Name Verification Documents description: ., f.., Revised 11/24/10 Contract No. 4080-2 Page 161 of 165 Pages RESIDENT EMPLOYMENT OPPORTUNITY DATA THE CITY OF CARLSBAD, CALIFORNIA ELIGIBILITY FOR PREFERENCE for EMPLOYMENT PROJECTS UTILIZING U.S. HOUSING AND URBAN DEVELOPMENT (HUD) FUNDS Eligibility for Preference A section 3 resident seeking the preference in training and employment provided by this part shall certify, or submit evidence to the recipient contractor or subcontractor, if requested, that the person is a Section 3 resident, as defined in Section 135.5. (An example of evidence of eligibility for the preference is evidence of receipt of public assistance, or evidence of participation in a public assistance program.) Certification for Resident Seekin Section 3 Preference in Trainin and Emplo ment I, ---'N"-'-'-'A'--------------' am a legal resident of the -------------------and meet the income eligibility guidelines for a low-or very-low-income person as published on the reverse. My permanent address I have attached the following documentation as evidence of my status: D Copy of lease D Copy of evidence of participation in a public assistance program Signature Print Name D Copy of receipt of public assistance D Other evidence Date is: SECTION 3 INCOME LIMITS Individuals residing in the Barrio Area of the City of Carlsbad, California, who meet the income limits set forth below, qualify for Section 3 status. A picture identification card and proof of current residency is required. Eligibility Guideline-Effective March 6, 2015 Number in Household Very Low Income Low Income 1 individual $28,350 $45,400 2 individuals $32,400 $51,850 3 individuals $36,450 $58,350 4 individuals $40,500 $64,800 5 individuals $43,750 $70,000 6 individuals $47,000 $75,200 7 individuals $50,250 $80,400 8 individuals $53,500 $85,550 ., \.+' Revised 11/24/10 Contract No. 6060 Page 163 of 165 CITY OF CARLSBAD Housing & Neighborhood Services 1200 Carlsbad Village Drive, Carlsbad, CA 92008 CERTIFICATION OF SECTION 3 BUSINESS CONCERN Job Site Address: Various Locations Carlsbad CA Name of Business: Miramar General Engineering Address of Business: 8400 Miramar Rd .. Suite 222A. San Diego. CA 92126 Telephone No. 858-251-4300 FAX No. 858-408-7191 Service/Goods Purchased & Amount: _ __._N..._A..__ ________________ _ Type of Business X Corporation Partnership Sole Proprietorship Join Venture Qualifying Basis __ N;:,;,:,:A:..,_ __ 51 percent owned by Section 3 low-income residents, or 1. 2. _ __.N_,.A'-'----Permanent, full-time employees include at least 30% Section 3 low-income residents, or 3. _...JN...,.A....._ __ Written commitment to subcontract more than 20% of dollar award from the City of Carlsbad to business concerns who meet number 1 or 2 above. I, hereby certify that I am authorized to act on behalf of the business indicated above; that the above information is accurate and that I can provide documentation to verify the above information. Signature of Section 3 Resident Date Print Name {'\ •;;' Revised 11/24/10 Contract No. 6060 Page 164 of 165