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Portillo Concrete; 2013-12-11; PWS14-17TRAN
J RECORDED REQUESTED BY Vh CITYOFCARLSBAD ftj^ AND WHEN RECORDED PLEASE \ ^ MAIL TO: City Clerk City of Carisbad 1200 Carlsbad Village Drive Cartsbad, California 92008 DOCtt 2014-04G2G28 iiiiilii Iiiiiilliiiiiiiiil llllll OCT 24, 2014 11:26 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: Space above this line for Recorder's use. PARCEL NO: N/A NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carisbad, a municipal corporation. 3. The full address ofthe undersigned is 1200 Carisbad Village Drive, Carisbad, 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 August 28, 2014. 6. The name of the contractor for such work or improvement is Portillo Concrete, Inc. 7. The property on which said work or improvement was completed is in the City of Carisbad, County of San Diego, State of California, and is described as follows: Project No. 4012, Coastal Rail Trail Reach 1. 8. The street address of said property is on Carisbad Boulevard in the City of Carisbad. CITY OFCARLSBAD ^^<^ity E VERIFICATION OF CITY CLERK the undersigned, say: I am the City Clerk of the City of Carisbad, 1200 Carisbad Village Drive^Carisbad, California, 92008; the City Council of said City on Oc-j-ahc^r JL ^ . 20 /7 . accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on at Carisbad, California. fV«2> ^I,")U7 CITYOFCARLSBAD 3ARBARA ENGLES City Clerk Word\Masters\Forms\Notice of Completion (City) EXHIBIT A -Change Order ,n BID SCHEDULE Quanlity in Bid original Unit Final Quantity Unit Item llem Description contract Net Decrease in auantitv Net Decrease in cost 1 Mobilization 1.00 LS 1.00 LS 0.00 $0.00 2 Construction schedule 1.00 LS 0.60 LS (0.40) ($2,000.00) 3 Surveying & construction staking 1.00 LS 1.00 LS 0.00 $0.00 4 Clearing & grubbing 1.00 LS 1.00 LS 0.00 $0.00 5 Demolition or ex improvements 1.00 LS 1.00 LS 0.00 $0.00 6 Erosion control 1.00 LS 1.00 LS 0.00 $0.00 7 Traffic control 1.00 LS 1.00 LS 0.00 $0.00 8 Temp orange constructin fencing 4,620.00 LF 4,007.00 LF (613.00) ($1,379.25) 9 Import 1,140.00 CY 1,137.32 CY (2.68) ($67.00) 10 Unclassified cuVunclassilied fill 3,260.00 CY 2,726.32 CY (533.68) ($5,336.80) 11 Install 24" precast area drain 1.00 EA 1.00 EA 0.00 $0.00 12 Modify existing inlet 1.00 EA 1.00 EA 0.00 $0.00 13 Furnigh & install type A-4 cleanout 1.00 EA 1.00 EA 0.00 $0.00 14 Furnish & install type B curb inlet 3.00 EA 3.00 EA 0.00 $0.00 15 Furnish & install type J median inlet 1.00 EA 1.00 EA 0.00 SO.OD 16 Furnigh & install type A reverse curb outlet 1.00 EA 1.00 EA 0.00 $0.00 17 Furnish & install concrete lug 1.00 EA 1.00 EA 0.00 $0.00 18 Connect to ex 8" PVC SD 1.00 EA 1.00 EA 0.00 $0.00 19 Furnish & install wing type headwall 1.00 EA 1.00 EA 0.00 $0.00 20 Furnish & install rip-rap energy dissipator 14.00 CY 14.00 CY 0.00 $0.00 21 Furnish & install B' PVC SD 19.00 LF 15.00 LF (4.00) ($300.00) 22 Furnish & 8install 18" RCP SD 19.00 LF 19.00 LF 0.00 $0.00 23 Furnish & install 24" RCP SO 44.00 LF 10.00 LF (34.00) ($4,250.00) 24 Emulsion agg slurry seal type I 94,415.00 SF 87,415.00 SF (7,000.00) ($2,450.00) 25 2" AC cold mill & rep w/hot mi>t 3,000.00 SF 3,000.00 SF 0.00 $0.00 26 Crack filling 2,000.00 LF 2,000.00 LF 0.00 $0.00 27 Install 4" AC pvmt section/bike path 126.00 TONS 126.00 TONS 0.00 $0.00 28 Install 6" AB pavement 1B3.00 TONS 181.50 TONS (1.50) ($66.00) 29 Install 4" AC pavement section 490.00 TONS 471.94 TONS (18.06) ($1,950.48) 30 Install 1 O" AB pavement 1,191.00 TONS 1,191.00 TONS 0.00 $0.00 31 Install 4" AC pvmt sectlon/home plant 29.00 TONS 4.20 TONS (24.80) ($3,100.00) 32 Install 10" AB pvmt (home plant lift sta) 71.00 TONS 11.09 TONS (59.91 I ($2,096.85) 33 Sawcut ex pavement 2,200.00 LF 2,188.00 LF (12.00) ($18.00) 34 Const 2' wide mod B" PCC median curb 1,387.00 LF 1,359.00 LF (28.00) ($924.00) 35 Const 2' wide mod 8" median curb 277.00 LF 277.00 LF 0.00 SO.OD 36 Const 2' wide mod combo med an curb 74.00 LF 74.00 LF 0.00 $0.00 37 Construe! curb & gutter 1,235.00 LF 1, 1B8.00 LF (47.00) ($1,410.00) 38 Const 6" med cone curb 675.00 LF 667.00 LF (8.00) ($200.00) 39 Concrete median paving 1,150.00 SF 0.00 SF (1,150.00) ($11,500.00) 40 Const 6" rolled curb 190.00 LF 190.00 LF 0.00 $0.00 41 Const 6" wide mow curb 693.00 LF 516.00 LF (177.00) ($2,655.00) 42 Const a• thick cone truck apron 1,683.00 SF 537.00 SF (1,146.00) {$11,460.00) 43 Const 4 • thick cone sidewalk 9,250.00 SF 9,250.00 SF 0.00 $0.00 44 Const 4 • thick cone sidewalk al grade 6,850.00 SF 5,813.00 SF (1,037.00) ($5,703.50) 45 Construct bike ramps 5.00 EA 5.00 EA 0.00 $0.00 46 Construct curb ramps 7.00 EA 7.00 EA 0.00 $0.00 47 Construct curb ramps/Home Plant 2.00 EA 2.00 EA 0.00 SO.OD 48 Furnish & install truncated domes 18.00 EA 18.00 EA 0.00 $0.00 49 R&R ex concrete monument sign 1.00 EA 1.00 EA 0.00 $0.00 50 Furnish & install 1 gallon shrub 1,073.00 EA 0.00 EA (1,073.00) ($15,022.00) 51 Furnish & Install 5 gallon shrub 96.00 EA 0.00 EA (96.00) ($2,400.00) 52 Soil prep, fine graing & fertilizer 14,020.00 SF 0.00 SF (14,020.00) ($2,804.00) 53 lmort class A topsoil median planting 135.00 CY 0.00 CY (135.00) ($4,860.00) 54 Funish & Install bark mulch 14,020.00 SF 0.00 SF (14,020.00) ($6,309.00) 55 Maintenance & plant establishment 1.00 LS 0.00 LS (1.00) ($3,300.00) 56 Furnish & install Irrigation system 14,020.00 SF 0.00 SF (14,020.00) ($30,844.00) 57 Funish & install irrigation controller 1.00 LS 1.00 LS 0.00 $0.00 5B Existing striping removal 1.00 LS 1.00 LS 0.00 $0.00 59 Signing per plans & specs 1.00 LS 1.00 LS 0.00 $0.00 60 Striping & pavement markings 1.00 LS 1.00 LS 0.00 $0.00 61 Runish & install channelizer posts 30.00 EA 30.00 EA 0.00 $0.00 62 Green pain (40" wide) 5,120.00 LF 0.00 LF (5,120.00) ($10,496.00) 63 Sharrows legend 30.00 EA 30.00 EA 0.00 $0.00 64 Rem & reinstall salvaged street lights 1.00 EA 1.00 EA 0.00 $0.00 65 Install New Evolve LEDs 6.00 EA 6.00 EA 0.00 $0.00 66 Install pull box & conduit run 1.00 EA 1.00 EA 0.00 $0.00 67 Coordinate w/SDG&E 1.00 LS 1.00 LS 0.00 $0.00 6B Hvdroseed 1.00 LS 1.00 LS 0.00 $0.00 TOTALDEDUCTIVE CHANGES TO BID SCHEDULE 1$132 901.88 Page 1 of 2 CITY OF CARLSBAD San Diego County Califomia CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS FOR COASTAL RAIL TRAIL REACH 1 CONTRACT NO. 4012 DBE PARTICIPATION BID NO. PWS14-17TRAN nRF—04/17/1.'^ rnntrart Mn 4019 Tna^tal Rail Trail Rparh 1 Panfi 1 of 178 TABLE OF CONTENTS Item Page Notice Inviting Bids 7 Contractor's Proposal 11 Equal Employnfient Opportunity Certification 23 Public Contract Code 24 Noncollusion Affidavit 26 Debarment and Suspension Certification 27 Nonlobbying Certification For Federal-Aid Contracts 28 Disclosure of Lobbying Activities 29 Bid Security Fornn 40 Bidder's Bond to Accompany Proposal 41 Federal Lobbying Restrictions 43 Disadvantaged Business Enterprise (Dbe) 44 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 48 Designation of Subcontractor and Amount of Subcontractor's Bid Items 50 Designation of Owner Operator/Lessor and Amount of Owner Operator/Lessor Work 51 Bidder's Statement of Financial Responsibility 52 Bidder's Statement of Technical Ability and Experience 53 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 54 Bidder's Statement of Re Debarment 55 Bidder's Disclosure of Discipline Record 56 Contract Public Works 58 Labor and Materials Bond 65 Faithful Performance/Warranty Bond 67 Optional Escrow Agreement for Surety Deposits In Lieu of Retention 69 DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 2 of 178 SUPPLEMENTAL PROVISIONS Parti General Provisions Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Temis 72 1-2 Definitions 72 1- 3 Abbreviations 73 Section 2 Scope and Control of the Work 2- 3 Subcontracts 74 2-4 Contract Bonds 74 2-5 Plans and Specifications 75 2-9 Surveying 77 2- 10 Authority of Board and Engineer 81 Section 3 Changes In Work 3- 2 Changes Initiated by the Agency 81 3-3 Extra Work 81 3-4 Changed Conditions 82 3- 5 Disputed Work 83 Section 4 Control of Materials 4- 1 Materials and Workmanship 85 4- 2 Materials Transportation, Handling and Storage 86 Section 5 Utilities 5- 1 Location 86 5-4 Relocation 86 5- 6 Cooperation 87 Section 6 Prosecution, Progress and Acceptance of the Work 6- 1 Construction Schedule and Commencement of Work 87 6-2 Prosecution of Work 92 6-6 Delays and Extensions of Time 92 6-7 Time of Completion 92 6-8 Completion and Acceptance 93 6- 9 Liquidated Damages 93 Section 7 Responsibilities of the Contractor 7- 3 Liability Insurance 93 7-4 Workers' Compensation Insurance 93 7-5 Permits 94 7-7 Cooperation and Collateral Work 94 7-8 Project Site Maintenance 94 7-10 Public Convenience and Safety 95 7-13 Laws to Be Observed 99 7-15 Prevailing Wage 100 7-16 Public Safety 100 7-18 Buy America Requirements 102 7-19 Removal of Asbestos and Hazardous Substances 102 7-20 Subcontractor and DBE Records 102 DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 3 of 178 7-22 Performance of DBE Subcontractors and Suppliers 103 7-23 Subcontracting 104 7-24 Prompt Progress Payment to Subcontractors 104 7-25 Prompt Payment of Withheld Funds to Subcontractors 105 Section 8 Facilities for Agency Personnel (Not Used) Section 9 Measurement and Payment 9-1 Measurement of Quantities For Unit Price Work 105 9-3 Payment 105 9-4 Bid Items 107 Section 10 Federal Requirements for Federal-Aid Construction Projects 114 Part 2 Construction Materials Section 200 Rock Materials 200- 2 Untreated Base Materials 131 Section 201 Concrete, Mortar and Related Materials 201- 1 Portland Cement Concrete 132 201 -3 Expansion Joint Filler and Joint Sealants 134 Section 203 Bituminous Materials 203-6 Asphalt Concrete 135 Section 206 Miscellaneous Metal Items 206-7 Traffic Signs • 135 206-8 Light Gage Steel Tubing and Connectors 139 206- 9 Portable Changeable Message Sign 140 Section 207 Pipe 207- 2 Reinforced Concrete Pipe 141 207-9 Iron Pipe and Fittings 141 207- 25 Underground Utility Marking Tape 141 Section 209 Signals, Lighting and Electrical Systems 208- 1 General 142 Section 210 Paint and Protective Coatings 210-1 Paint 143 Section 212 Landscape and Irrigation Materials 212-1 Landscape Materials 144 212-2 Irrigation System Materials 146 212- 3 Electrical Materials 148 Section 213 Engineering Fabrics 213- 2 Geotextiles 148 213-3 Erosion Control Specialties 149 DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 4 of 178 Section 214 Pavement Markers 214- 5 Reflective Pavement Markers 149 Section 215 Fencing 215- 1 Environmental Fencing 150 PART 3 Construction Methods Section 300 Earthwork 300-1 Clearing and Grubbing 151 300-2 Unclassified Excavation 151 300-4 Unclassified Fill 153 300-5 Borrow Excavation 154 300-9 Geotextiles for Erosion Control and Water Pollution Control 155 300-13 Storm Water Pollution Prevention Plan 156 Section 301 Treated Soil, Subgrade Preparation and Placement of Base Materials 301 -1 Subgrade Preparation 158 Section 302 Roadway Surfacing 302-1 Traffic Control 158 302-5 Asphalt Concrete Pavement 160 302- 10 Asphalt Pavement Repairs and Remediation 161 Section 303 Concrete and Masonry Construction. 303- 2 Air-Placed Concrete 162 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways 162 Section 306 Underground Conduit Construction 306-1 Open Trench Operations 163 306- 5 Abandonment of Conduits and Structures 166 Section 307 Street Lighting and Traffic Signals 307- 3 Street Lighting and Traffic Signal 166 Section 308 Landscape and Irrigation Installation 308- 2 Earthwork and Topsoil Placement 166 308-4 Planting 167 308-5 I rrigation System Installation 168 308-6 Maintenance and Plant Establishment 170 308-7 Guarantee 170 308-8 Payment 173 Section 310 Painting 310-5 Painting Various Surfaces 173 310-7 Permanent Signing 174 Section 312 Pavement Marker Placement and Removal 312-1 Placement 175 Section 313 Temporary Traffic Control Devices V DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 5 of 178 313-1 Temporary Traffic Pavement Markers 175 313-2 Temporary Traffic Signing 176 313-3 Temporary Railing (Type K) and Crash Cushions 176 313-4 Measurement and Payment 177 Appendix A United States Fish and Wildlife Service letter dated September 4. 2013 Appendix B Coastal Development Permit No. 6-12-087 V DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 6 of 178 CITY OF CARLSBAD, CALIFORNIA C NOTICE INVITING BIDS UNTIL 2:00 PM ON NOVEMBER 13, 2013, 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: construction of the Coastal Rail Trail Reach 1 improvements in Carlsbad and Oceanside. CONTRACT NO. 4012 COASTAL RAIL TRAIL REACH 1 PWS14-17TRAN This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the Public Works Department. The specifications for the work include the Standard Specifications for Public Works Construction, 2012 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 (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the Escrow Agent. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 7 of 178 1. Contractor's Proposal 8. Acknowledgement of Addendum(a) 2. Bidder's Bond 9. Certificate of Insurance. The riders covering the 3. Noncollusion Declaration City, its officials, employees and volunteers 4. Designation of Subcontractors may be omitted at the time of bid submittal but and Amount of Subcontractor Bid shall be provided by the Bidder prior to award of 5. Designation of Owner Operator/Lessors & this contract. Amount of Owner Operator/Lessor Work 10. Bidder's Statement Re Debarment 6. Bidder's Statement of Financial Responsibility 11. Bidder's Disclosure of Discipline Record 7. Bidder's Statement of Technical Ability and 12. Escrow Agreement for Security Deposits - Experience (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $1.230,000. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. The following classifications are acceptable for this contract: A (General Engineering). ESCROW AGREEMENT *w If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter ofthe Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008- 7314, for a non-refundable fee of $30.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS C The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. This project does not have NEPA clearance at this time. The city expects to obtain NEPA clearance before the contract is awarded. If NEPA clearance is not obtained, all bids will be rejected. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 8 of 178 DISADVANTAGED BUSINESS ENTERPRISES (DBE) This project has a goal of 12.5 percent disadvantaged business enterprise (DBE) participation. 1^ 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. BUY AMERICA This project is subject to the "Buy America" provisions of the surface transportation assistance act of 1982 as amended by the intermodal surface transportation efficiency act of 1991. PREVAILING WAGE TO BE PAID 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. PRE BID MEETING A pre-bid meeting and tour of the project site will not be held but bidders are encouraged to visit the site, which is in the public right of way, as shown on the project plans. 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. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess ofthe amount ofthe bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 9 of 178 ^^^^^^ If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council ofthe City of Carlsbad, California, by Resolution No. 2013-225, adopted on the 10*^ day of September, 2013. October 4, 2013 Date deputy City Clerk DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 10 of 178 CITY OF CARLSBAD CONTRACT NO. 4012 COASTAL RAIL TRAIL REACH 1 CONTRACTOR S PROPOSAL CftyCouncil I °''^''™'«"™ESSEDANDRE50RpED: City of Carlsbad 1200 Carlsbad Village Drive I //. /Z, /2 Carlsbad, California 92008 \ nirc .-'^r- ^r:, The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 4012 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Approximate Item Quantity Unit No. Description and Unit Price Total A-1 Mobilization at 1 LS $ Z^i^OQ^ $ 3^. (Price In Words) A-2 Construction Schedule at F(l/fr TVfcVSA<v>D 1 LS ^^rOQO.- $_5v^ (Price in Words) Ty^ &oo ' 2., c?oO A-3 Surveying and Construction Staking at XiXK^W tl>tV^>]|Jp 1 LS ^T^h^n^ , 4V^- <tvifW.Q? "^f^ ^^^^^^ 1 LS $ 20, CCO- ^ ^O/OOQ - (Price in Words) 'Ty^e.ofa T^^f^^f^'^ A-4 Clearing & Grubbing at (Price in Words) A-5 Demolition of Existing 1 LS $ lO0rC0>0-- ^JOO^COq— Improvements at Wo (Price in Words) DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 11 of 178 Approximate Item Quantity Unit No. Description and Unit Price Total A-6 Erosion Control per City 1 LS $ iClQ— $ Storm Water Pollution Prevention Plan, including preparation of City SWPPP, Implementation, Maintenance, Management, and Compliance of BMPs at (Price in Words) A-7 Traffic Control induding 1 LS $ 2<y,0O0- % 20jCoC Preparation of Plans, Installation, Maintenance and Removal of Cones, Delineators, Advanced Warning Signs, Barricades, Flagmen, Written Notices, Temporary Traffic Stripe Application and Sandblasted Removal, Traffic Rerouting, Changeable Message Signs, etc at -r^^y^K;N1Vt^^ (Price In Words) A-8 Temporary Orange 4,620 LF $ 2.7S %_L^i^l^ Construction Fencing (3'-5' High with Maximum 2" Mesh Opening). Fencing Shall Clearly Delineates the Edge of the Work Environmentally Sensitive Areas Beyond at (Price in Words) A-9 Import at ^ 1,140 CY $ ^^."^ $ 2g^g^ (Price in Words) A-10 Unclassified Cut/Unclassified 3260CY $ $ ^'^,4CX) — Fill at ^ (Price in Words) DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 12 of 178 Approximate Item Quantity Unit No. Description and Unit Price Total A-11 Install 24" Precast Area Drain 1 EA $ \rSC?0^ $ ^^^^^ per Detail 5 on Sheet 6 at (Unit Price in Words) A-12 Modify Existing Inlet per 1 EA $ ^,QQQ.^ $ S>^000 — Improvements shown on Sheet 15 at . , FIVE IHoAsANi^ t>o\,if^ (Unit Price in Words) A-13 Fumish and Install Type A-4 1 EA $ ^'^^ $—J^O^ Cleanout per SDRSD D-9 at (Unit Price in Words) A-14 Furnish and Install Type B 3 EA $ T,S^6.^ $ ^^'^^^ ^ Curb Inlet per SDRSD D-2 (L=:11')at ^ H tA ^DRet? (Unit Price in Words) A-15 Furnish and Install Type J Median Inlet per SDRSD D-45 at (Unit Price in Words) A-16 Fumish and Install Type A Reverse Curb Outlet per SDRSD D-25 at (Unit Price in Words) A-17 Furnish and Install Concrete 1 EA Lug (Connect to Ex. 48" R.C.P.) per SDRSD D-63 at (Unit Price in Words) 1 EA s G^QOO.— $ ^,000.- 1 EA $ %,^00- s ^.^O^- DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 13 of 178 Approximate Item Quantity Unit No. Description and Unit Price Total A-18 Connect to Existing 8" PVC 1 EA %_±LMP-1- $ \fO00' Storm Drain with Wye Connection at (Unit Price in Words) A-19 Furnish and Install Wing Type Headwall per SDRSD D-34 at (Unit Price in Words) 1 EA $ I'.f^OO- A-20 Furnish and Install Rip-Rap Energy Dissipator per SDRSD D-40 at (Price in Words) A-21 Furnish and Install 8" PVC 19 LF Storm Drain at 14 CY $ (Price in Words) A-22 Furnish and Install 18" RCP Storm Drain at (Price in Words) A-23 Furnish and Install 24" RCP 44 LF $. Storm Drain at (Price in Words) A-24 Emulsion Aggregate Slurry Seal Type I with Polymer Modifier (3%) at (Price in Words) 19 LF $ ^00'^ $_M^ 94,415 SF ^ $_33^1i:6& ^¥ DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 14 of 178 Item No. Description Approximate Quantity and Unit A-25 2" AC Cold Mill and Replacement with Hot Mix Asphalt (Areas to be Determined by the Engineer) at (Price In Words) A-26 Crack Filling (Areas to be Determined by the Engineer) at tK(2^6^ ppa/tt^d AMP (Price in WCJFCJS) A-27 Install 4" AC Pavement Section (10' Wide Class 1 Bike Path) at QUE WiANff^^ f lp7^g^N> (Price in Words) A-28 Install 6" AB Pavement Section (10' Wide Class I Bike Path) at ^Qf^'^ fcup. P^0LVAC5 (Price in Words) Unit Price 3,000 SF $_J2^S0_ 2,000 LF 126 TONS 183 TONS $. A-29 Install 4" AC Pavement Section at 490 TONS $ 10^-^ (Price in Words) A-30 Install 10" AB Pavement Section at 1,191 TONS $_ 32 (Price in Words) A-31 Install 4" AC Pavement Section (Home Plant Lift Station) at (Price in Words) 29 TONS $. Total $lA0Or7 W DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 15 of 178 Item No. A-32 A-33 A-34 A-35 A-36 A-37 Description Install 10" AB Pavement Section (Home Plant Lift Station) at (Price in Words) Sawcut Existing Pavement per Detail 3 on Sheet 6 at om5 (Price in Words) Construct 2' Wide Modified 8" PCC Median Curb Per SDRSD G-6, Type B-3. See Detail 1 on Sheet 6 at (Price in Words) Construct 2' Wide Modified 8" Median Curb per SDRSD G-6, Type B-1. See Detail 2 on Sheet 6 at (Price in Words) Construct 2' wide Modified Combination Median Curb per SDRSD G-6, Type B-1 / 8" Curb & Gutter per SDRSD G-2. See Detail 3 on Sheet 6 at FipP\ P0LLAt^5 (Price in Words) Construct Curb and Gutter per SDRSD G-2, Type G at "miiqM O0\XP(^> (Price in Words) Approximate Quantity and Unit 277 LF 74 LF Unit Price 71 TONS $ 2,200 LF 1,387 LF $. S^. 00 l\0 SO. 1,235 LF $_ Total $_^fie£ % ^iS60- $_MM \^ DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 16 of 178 Approximate Item Quantity Unit No. Description and Unit Price lotal A-38 Construct 6" Median 675 LF Concrete Curb per City of Carlsbad Standard DWG. GS-18 at (Price in Words) A-39 Concrete Median Paving (12" 1,150 SF $ '^"^ SJlzf^ Maintenance Band) at (Price in Words) A-40 Construct 6" Rolled Curb per 190 LF Detail 6 on Sheet 6 at ^giolH t^<V^ t?0LtAT^^ (Price in Words) A-41 Construct 6" Wide Mow Curb per Detail 4 on Sheet 6 at 693 LF $ '^-^^ $JOj^ (Price in Words) A-42 Construct 8" Thick Concrete 1,683 SF $. ^^ "^ $ Ih^'cS^ Truck Apron at tew PDU/fe (Price in Words) A-43 Construct 4" Thick Concrete 9,250 SF $ '^^ $ ' Sidewalk per SDRSD G-7 and G-9 at (Price in Words) A-44 Construct 4" Thick Concrete 6,850 SF $ ^'^^ $ V^fh^S Sidewalk (At-Grade) at e>i^ (Price in Words) A-45 Construct Bike Ramps at (Unit Price in Words) DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 17 of 178 Approximate Item Quantity Unit No. Description and Unit Price lotaJ A-46 Construct Curb Ramps with 7 EA $ \f^00^ $ ^^,ZO0- Raised Truncated Domes per SDRSD G-27 and G-30 and City of Carisbad Standard DWG. GS-32 ^ (Unit Price in Words) A-47 Construct Curb Ramps with 2 EA $ 1,^00.-^ $ ^r^^ Raised Truncated Domes per SDRSD G-29 and G-30 and City of Carisbad Standard DWG. GS-32 (Home Plant Lift Station) at (Unit Price in Words) A-48 Furnish and Install Truncated 18 EA $„ S^^" $ ^fOOO" Domes (2'X3') (Within refuge area of RBT islands) at (Unit Price in Words) A-49 Remove and Relocate 1 EA $ iPtOOQ- %J^UJ^— Existing Concrete Monument Sign to Location Detemiined by City of Carisbad with New Footing/Base at (Unit Price in Words) A-50 Fumish and Install 1 Gallon 1,073 EA $ ifL^ $ 'g, 027 Shrub at (Unit Price in Words) A-51 Furnish and Install 5 Gallon 96 EA $ ^^"^ $ 2f^-OO Shrub at (Unit Price in Words) DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 18 of 178 k. Approximate Item Quantity Unit No. Description and Unit Price Total A-52 Soil Preparation, Fine 14,020 SF $ . 20 $^/^6^ - Grading, and Fertilizer at (Price in Words) A-53 Import Class A Topsoil in 135 CY $. Median Planting Areas at 1 LS ^ ^,200- $_A1^ 14,020 SF ^ $_gOj^-^ (Price in Words) A-54 Furnish and Instail Bark 14,020 SF $ - $ ^t^^^ Mulch (3" depth) at fc^q-y-f IVF Qg^'^ (Price in Words) A-55 Maintenance and Plant Establishment Period at (Price in Words) A-56 Furnish and Install Irrigation System at 1VAJ0 H/L.A^^ (Price in words) A-57 Furnish and Install Irrigation Controller with Enclosure at (Price in Words) A-58 Existing Striping Removal at (Price in Words) A-59 Signing per plans and specs 1 LS $ Z\,0(Jd — $ ^(QO; — at 1 LS $ ji^OO^ $__tU^ 1 LS $ /^.^60- $ (Price in Words) DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 19 of 178 Approximate Item Quantity Unit No. Description and Unit Price Total A-60 Striping and Pavement 1 LS $ jC^a^- $ IS^O^ — Markings per Plans and Specs at (Price in Words) A-61 Furnish and Install FG 300 Model EFX Channelizer Posts (White) with Reflective Tape, Spaces 2' O.C. at (Unit Price in Words) A-62 Green Paint (40" Wide) at 30 EA $_Jilf^ S "^^-^O 5,120 LF $„_ll^£_ (Price in Words) A-63 Sharrows Legend at 30 EA $ ^ ^^-^ $ ^^i^^ (Unit Price in Words) A-64 Remove and Re-install 1 EA $ Sf ^00^ $ 3^ QCQ^ Salvaged Street Light, with New Concrete Footing, Pullbox, Conduit with Wiring per City Street Lighting Standards at (Unit Price in Words) A-65 Install New Evolve LED 6 EA $ ^i^^^" (49W) Post Top Avery StreetDreams (EPAS 05DA41B2A) Black Street Light with Matching Black Pole (H=13'), with Concrete Footing, Contractor to Furnish & Install Pullbox & Conduit with Wiring at <C|^ lyi-aiSAUp ri\ (Unit Price in Words) DBE—04/17/13 ContractNo. 4012Coastal RailTrail Reach 1 Page 20of 178 Approximate Item Quantity Unit No. Description and Unit Price Total 1 EA $ ^i200 - $^^ A-66 Install Pull box and Conduit Run to Electrical Point of Connection for Future Roundabout Lighting Inside the Roundabout (Include V* Measuring Tape) at (Unit Price in Words) A-67 Coordinate with SDG&E to Provide Electrical Point of Connection per City and SDG&E Street Light Standard at (Price in Words) A-68 Hydroseed per plans and 1 LS $ b^O ^ $ ^ Specs at 1 LS $ \i^^0— %\^OC_ (Price in Words) Total amount of bid in words: ^il ^^eJ^i^OPIggP x^^-^\\y:^>^^y^ Total amount of bid in numbers: S Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). \< has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license nurnber ic/hO 144 ' classification >4, 5^ C% which expires on t0/5i/\^ , and that this statement is true and correct and has the legal effect of an affidavit. DBE—04/17/13 ContractNo.4012Coastal RailTrail Reach 1 Page21 of 178 Check a License - License Detail - Contractors State License Board Page 1 of2 DEPARTIVIENT OF CONSUMER AFFAIRS Contractors State License Board Contractor's License Detail - License # 680144 DISCLAIMER: A license status check provides Information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B8cP 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms ofthe arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity Issue Pate Reissue Pate Expire Pate Extract Date 11/14/2013 License Status Classifications Bonding 680144 PORTILLO CONCRETE INC Business Phone Number: (619) 466-4639 3527 CITRUS STREET LEMON GROVE, OA 91945 Corporation 11/09/1993 10/24/2000 10/31/2014 ACTIVE This license Is current and active. Ali information below should be reviewed. CLASS DESCRiPTION B GENERAL BUILDING CONTRACTOR A GENERAL ENGINEERING CONTRACTOR C-8 CONCRETE CONTRACTOR'S BOND This license filed a Contractor's Bond with OHIO CASUALTY INSURANCE COMPANY (THE). Bond Number: 024044073 Bond Amount: $12,500 Effective Date: 10/23/2012 Contractor's Bond Historv BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) PORTILLO MARIO certified that he/she owns 10 percent or more ofthe voting stock/equity ofthe corporation. A bond of qualifying individual is not required. https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetaiLaspx?LicNum=6... 11/14/2013 Check a License - License Detail - Contractors State License Board Page 2 of 2 Workers' Compensation Effective Date: 12/27/2001 BQI's Bond Historv WORKERS' COMPENSATION This license has workers compensation insurance with INSURANCE COMPANY OF THE WEST Policy Number: WSD500076505 Effective Date: 10/21/2012 Expire Date: 10/21/2014 Workers' Compensation History Miscellaneous Information DATE 10/24/2000 LICENSE REISSUED TO ANOTHER ENTITY Personnel List Conditions of Use | Privacv Policv Copyright © 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=6... 11/14/2013 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 Califomia law. However, at the time the contract is awarded, the contractor shall be properiy licensed. Public Contract Code § 20104. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 22 of 178 EQUAL EMPLOYIVIENT OPPORTUNITY CERTIFICATION w The bidder ^PTILIQ CONgZ^ //QC proposed subcontractor -gCl^D^M TRlAv^Mf . hereby certifies that he has_^_, has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 23 of 178 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 und^ penalty of perjury under the laws of the State of California that the bidder has has not ^ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof 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 othenwise prevented from bidding on, or completing a federal, state, or local government project because of a violatioripf law or a safety regulation? Yes___ No ^ If the answer is yes, explain the circumstances in the following space. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 24 of 178 PUBLIC CONTRACT CODE 10232 STATEMENT w 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. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 25 of 178 NONCOLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) COASTAL RAIL TRAIL REACH 1 CONTRACT NO. 4012 To the City of Carisbad 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. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reacti 1 Page 26 of 178 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. \J/A Exceptions will not necessarily result in denial of award, but will be considered in detemiining 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. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 27 of 178 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: 1) 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. DBE—04/17/13 ContractNo. 4012 Coastal RailTrail Reach 1 Page 28 of 178 DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1^ Type of Federal Action: • a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. toan insurance 2. Status of Federal Action: I I a. bid/offer/application b. initial award 0. post-award 3. Report Type: a. initial b. material change For Material Change Only: year quarter date of last report 4. Name and Address of Reporting Entity • Prime . Q Subawardee /y/|_ Tier , if known Congressional District, if known Federal Department/Agency: 5. if Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: H/A Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable 8. Federal Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, Ml) 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, Ml) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) $ Q Actual \7] Planried 13. Type of Payment (check all that apply) 12. Form of Payment (check all that apply): K^jj^ a. cash b. in-kind; specify: nature -orm B value. a. retainer b. one-lime fee c. commission d. contingent fee e deferred f. other, specify _ 14. Brief Descriplion 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 neoessary) 15. Continuation Sheet(8) attached: Yes • 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. 1362. 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: No Signature: Print Name: Title: ^m^lCZO Telephone No.: Authorized for Local Reproduction Standard Form - LLL Standard Form LLL Rev. 09-12-97 0 DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 29 of 178 '%mi0^ 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 infomnation 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 (Ml). 11) Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12) Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13) Check the appropriate box(es). Check all boxes that apply. If other, specify nature. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 30 of 178 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 ail 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 (Chapters, Title2 of the California Administrative Code). ^¥ DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 31 of 178 EXHIBIT 15-G LOCAL AGENCY BIDDER DBE COMMITMENT (CONSTRUCTION CONTRACTS) LOCAL A(iKNCY:_ LOCATION: FRO.lFiCT DHSC^RIPTION: TOTAL CONTRACT AMOUNT: $ l\/l^/f3 BID DATli: BIDDLRS NAME: fOeniU) CO^ C^-fB ^^/f CONTRACT DB!' CJOAL: I "2,$ '/ CONTRACT ITEM NO. ITEM OF WORK AND DOSCRIPTION OR SERVICRS TO BE .SUBCONTRACTED OR MATERIALS TO BE PROVIDED (or contracted ifthe bidder is a DBE) DBH CHRT NO, AND EXPIRATION DATE NAME OF EACH DDE (Musil be cenified on the dale bids are opened - include I.>BE address and phone number) For Local Agency to Complete: Local Agency Conlracl Number: Eedcral-aid Project Number: Federal .Share: Conlracl Award Date; Local Agency ceriifies that all DBE certifications have been verified and information is complete and accurate. Print Name Local Agency Representative (Arca Code) Telephone Number: Signatuie Dale DOLLAR AMOUNT DBE PoPnito COV6^^T^/M:< \ 7!fA .^D cy]Oi] A^\oAh Total Claimed DBE Participation Signature of Bidder Date (Area Code) Tel. No. Person to Contact (Please Type or Prinl) Local Agency Bidder DBL Conuiiiiniem (Consiruciion Coiitracis) (Rev 6/26AKJ) Distribution: (1) Original - City of Carlsbad files DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 32 of 178 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 shalt 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 ali 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. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 33 of 178 ^ EXHIBIT 15-H DBE INFORMATION —GOOD FAITH EFFORTS ^ DBE INFORMATION - GOOD FAITH EFFORTS Federal-aid Project No. CML-5308 (005) Bid Opening Date The City of Carisbad ^established a Disadvantaged Business Enterprise (DBE) goal of 12.5% 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 ofthe 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 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 Date of Initial Follow Up Methods and Dates Solicitation 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. DBE—04/17/13 Contract No. 4012 Coastai Rail Trail Reach 1 Page 34 of 178 Items of Work Bidder Normally Breakdown of Amount Percentage Performs Item Items ($) of (Y/N) 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: 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: 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: v7/^ 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, Intemet page download, etc.): Name of Agency/Organization Method/Date of Contact Results DBE^4/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 35 of 178 H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 36 of 178 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 oniy 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 ail respects fair and without collusion or fraud. Accompanying this proposal is fe^tslQ (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. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted . (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 37 of 178 IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted. (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business City and State (4) Zip Code (5) E-Mail „^ (Street and Number) Telephone No. IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted ?0^VIU> CO^Cf-£^ i ^^C. (2) (Signature) (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of ^/^tlfQ^WV^ (4) Place of Business 0\V?-^i (Street and Number) City and State 1^ KA ^<7^\S^^CA ^(^^^ (5) Zip Code. Telephone No. (6) E-M^il KAf^^tl^^ (!0t/(^^^|<<iO.^^ NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED V DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 38 of 178 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego On 11/08/2013 Date } before me, Dolores Alvarez. Notan/ Public personally appeared Mario Portillo Here Insert Name and Title of the Officer Name(s) of Signer(s) DOLORES ALVAREZ f Commission # 1917393 | Notary Public - California z San Diego County My Comm. Expires Jan 13. 2015 My Comm. Expi I Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(X) whose name()0 is/a^ subscribed to the within instrument and acknowledged to me that he/s&^/t^y executed the same in his/l>l$r/tlii$ir authorized capacity(i^), and that by his/hXr/tl^^ir signature(^on the instrument tne person()0, or the entity upon behalf of which the person(^ acted, executed the instrument. I certify under. PENALTY OF PERJURY under the laws of the State/5f California that the foregoing paragraph is true and correct. Witness m Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title orType of Document: Document Date: Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER Top of thumb here ) 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners and managing partners: DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 39 of 178 BIDDER S BOND TO ACCOMPANY PROPOSAL CONTRACTNO. 4012 COASTAL RAIL TRAIL REACH 1 KNOW ALL PERSONS BY THESE PRESENTS: That we, Portillo Concrete, inc. ^ ^ Principal, and The Ohio Casualty Insurance Company as Surety are held and flmily bound unto the City of Carlsbald. Calrfomia. in an amount as foltows' (must be at least ten percent (10%) of the bid amount) ten percent of amount bid ^j^j^j^* payment, well arjd truly made, we bind ourselves, our heirs, executors and administratorc successors or assigns, joimiy and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBUGATION IS SUCH that if the proposal of the above-bounden Pnncipal for. CONTRACT NO. 4012 COASTAL RAIL TRAIL REACH 1 In the City of Carlsbad, is accepted by the City Council, and If the Principal shall duly enter Into and execute a Contract Including required bonds and insurance policies within twenty (aO) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; othenvise. It shall be and remain In full force and effect, and the amount specified herein shall be forfeited to the said City. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 41 of 178 ihiJL?!"^ ^""f ^^^^ ^« bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. rnnupai Executed by PRINCIPAL this & day of Mg^/^^AB5'R PRINCIPAL Portillo Con nc. (name of By. ^ , (print name here) (Title and Organization of Signatory) (sign here) (print name here) (title and organization of signatory) Executed by SURETY this of November 1st -.20Ji SURETY: The Ohio Casualty Insurance Company (name of Surety) 62 Maple Ave, Keene, NH 03431 (address of Surety) 858-255-3988 (telephpqe numberof^Surety) _7 ^ . gnature of Attomey-ln-F4ct) Cyndi Beilman, Attorney-in-Fact {printed name of Attomey-in-Fact) day (Attach corporate resolution showing current power of attomey.) (Pioper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations If only one offteer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attomey By: Assistant City Attomey DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 42 of 178 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego } On 12/06/2013 Date before me, Dolores Alvarez. Notan/ Public personally appeared Tina Portillo Here Insert Name and Title of the Officer Name(s) of Signer(s) DOLORES ALVAREZ Commission # 1917393 Notary Public • California San Diego County 1 Mv Comm. Expires Jan 13. 20151 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(X) whose nameOO is/a^ subscribed to the within instrument and acknowledged to me that l)6/she/t^y executed the same in hX/her/tt^H^ir authorized capacity(i^), and that by h}(/her/tl^ir signature(^ on the instrument the person()0, or the entity upon behalf of which the person(^ 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 corr? Witness Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title orType of Document: Document Date: Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner— • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toil-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego } On November 1, 2013 before me, Date personally appeared Cyndi Beilman Pam Davis. Notarv Public Here Insert Name and Title of the Officer Name(s) of Signer(s) PAM DAVIS Commission # 1991984 Notary Public - Califorma f San Diego County ^ ly Comm. Expires Oct 20.20161 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(g) whose name(^ \s/S^^ subscribed to the within instrument and acknowledged to me that^^^she/tW^V executed the same in^iS/her/fK^r authorized capacity(?§S), and that by^/her/fRSfiKsignature{S) on the instrument the person(s), or the entity upon behalf of which the person(K) 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 of Notar Signature of Notary Public Ram 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 this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages:. Signer(s) Other Than Named Above:. ^^^^ Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner— • Limited • General GZf Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER Top of thumb here THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attomey limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Certificate No. 6034858 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Anne Wright; Cyndi Beilman; Dana Michaeiis , state of CA . each individually if there be more than one named, its toie and lawful attomey-in-fact to make, execute, seal, acknowledge o a to ^ 2 O o 0) ^ all of the city of La Mesa and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this I4th day of March , 2013 American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West/^erican Insurance Company By: Gregory W. Davenport, Assistant Secretary STATE OF WASHINGTON ss COUNTY OF KING On this 14th day of March , 2013 . before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instmment for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. By: KD Riley, NotA^ Public 0) o OS c ra 0) 4^ ra P Bo i.E 1^ ra c O 3 U This Power of Attorney is made and executed pursuant to and by authority ofthe following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV - OFFICERS - Section 12. Power of Attorney Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chainnan or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in beiialf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by tlie Board, the Chainnan, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instmments and to attach thereto the seal of the Company When so executed such instmments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attomeys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, David M. Carey the undersigned. Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full, tme and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1st ^ay of November ^ 20 ^3 . By: David M. Carey, Assistant Secretary tf) (0 0) c w 3 Xi >% c ra c EE o a fc.'D 0) C ^ ra .J2o £0 > !— CO GO OT- .0*9 LMS 12873 092012 136 Of 150 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego } On 11/08/2013 Date before me, Dolores Alvarez. Notarv Public personally appeared Mario Portillo Here Insert Name and Title of the Officer Name(s) of Signer(s) DOLORES ALVAREZ Commission # 1917393 Notary Public - Califorms San Diego County i:vnir«sJan13.2015 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(X) whose name()() is/aj>^ subscribed to the within instrument and acknowledged to me that he/sfil^/t^y executed the same in his/tvl$r/ttii$ir authorized capacity(i^), and that by his/hXr/tl^ir signature(^on the instrument the person(^, or the entity upon behalf of which the person(^ acted, executed the instrument. I certifyjtfffaei^PENALTY OF PERJURY under the laws of the Stafe of California that the foregoing paragraph is true and corr^t. Witness my Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6827 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 Fonn - 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 infomiation 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—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 43 of 178 DISADVANTAGED BUSINESS ENTERPRISE (DBE) This project is subject to Part 26, Title 49, Code of Federal Regulations entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." The Regulations in their entirety are incorporated herein by this reference. Bidders shall be fully informed respecting the requirements of the Regulations and the City's Disadvantaged Business Enterprise (DBE) program developed pursuant to the Regulations; particular attention is directed to the following matters: A. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto; B. A DBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, vendor of material or supplies, or as a trucking company; C. A DBE bidder, not bidding as a joint venture with a non-DBE, wiil be required to document one or a combination of the following: 1. The bidder will meet the goal by performing work with its own forces. 2. The bidder will meet the goal through work performed by DBE subcontractors, suppliers or trucking companies. 3. The bidder, prior to bidding, made adequate good faith efforts to meet the goal. D. A DBE joint venture partner must be responsible for specific contract items of work, or portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture. The DBE joint venturer must submit the joint venture agreement with the proposal or the DBE Information form required in the Section entitled "Submission of DBE Information" of these special provisions; E. A DBE must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work; F. DBEs must be certified by either the California Department of Transportation, or by a participating agency which certifies in confonnance with Title 49, Code of Federal Regulations, Part 26, as of the date of bid opening. It is the Contractor's responsibility to verify that DBEs are certified. Listings of certified DBEs are available from the following sources: 1. The Caltrans DBE Directory, which is published quarterly. This Directory may be obtained from the Department of Transportation, Materiel Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916)445-3520; 2. The Caltrans Electronic Information Bulletin Board Service, which is accessible by modem and is updated weekly. The Bulletin Board may be accessed by first contacting the Caltrans Business Enterprise Program by telephone: (916) 227-8937 and obtaining a user identification and password; 0 DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 44 of 178 3. The Caltrans web site at http://www.dot.ca.gov/hq/bep/index.htm; G. Credit for materials or supplies purchased from DBEs will be as follows: 1. If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the materials or supplies will count toward the DBE goal. A DBE manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications. 2. If the materials or supplies are purchased from a DBE regular dealer, 60 percent of the cost of the materials or supplies will count toward the DBE goal. A DBE regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business as provided in this paragraph G.2. if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis. Packagers, brokers, manufacturers' representa- tives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this paragraph G.2. 3. Credit for materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. H. Credit for DBE trucking companies will be as follows: 1. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular Contract, and there cannot be a contrived arrangement for the purpose of meeting the DBE goal; 2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Contract; 3. The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks its owns, insures, and operates using drivers it employs; 4. The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract; 5. The DBE may also lease trucks from a non-DBE firm, including an owner-operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commis- sion it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 45 of 178 are not provided by a DBE; 6. For the purposes of this paragraph H, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the tenn of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. I. Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of this Contract and may result in termination of the Contract or other appropriate remedy for a breach of this Contract; J. Bidders are encouraged to use services offered by financial institutions owned and controlled by DBEs. DBE GOAL FOR THIS PROJECT The City has established the following goal for Disadvantaged Business Enterprise (DBE) participation for this project: Disadvantaged Business Enterprise (DBE): 12.5 percent Caltrans has engaged the services of a contractor to provide supportive services to contractors and subcontractors to assist in obtaining DBE participation on federally funded construction projects. Bidders and potential subcontractors should check the Caltrans website at http://www.dot.ca.gov/hq/bep to verify the current availability of this service. SUBMISSION OF DBE INFORMATION The required DBE information shall be submitted on the "LOCAL AGENCY BIDDER - DBE INFORMATION" form included in the Proposal. If the DBE infonnation is not submitted with the bid, the DBE Information form shall be removed from the documents prior to submitting the bid. It is the bidder's responsibility to make enough work available to DBEs and to select those portions of the work or material needs consistent with the available DBEs to meet the goal for DBE participation or to provide information to establish that, prior to bidding, the bidder made adequate good faith efforts to do so. If DBE information Is not submitted with the bid, the apparent successful bidder (low bidder), the second low bidder and the third low bidder shall submit DBE information to the City of Carlsbad, Purchasing Department, 1635 Faraday Avenue, Carisbad, CA 92008, so the infonnation is received by the City of Carlsbad no later than 4:00 p.m. on the fourth day, not including Saturdays, Sundays and legal holidays, following bid opening. DBE information sent by U.S. Postal Sen/ice certified mail with return receipt and certificate of mailing and mailed on or before the third day, not including Saturdays, Sundays and legal holidays, following bid opening will be accepted even if it is received after the fourth day following bid opening. Failure to submit the required DBE information by the time specified will be grounds for finding the bid or proposal nonresponsive. Other bidders need not submit DBE information unless requested to do so by the City of Carlsbad. The bidder's DBE infonnation shall establish that good faith efforts to meet the DBE goal have been made. To establish good faith efforts, the bidder shall demonstrate that the goal will be met or that, priorto bidding, adequate good faith efforts to meet the goal were made. Bidders are cautioned that even though their submittal indicates they will meet the stated DBE goal, their submittal should also include their adequate good faith efforts information along with their DBE goal information to protect their eligibility for award of the Contract in the event the City, in its review, finds that the goal has not been met. The bidder's DBE information shall include the names, addresses and phone numbers of DBE firms that will participate, with a complete description of work or supplies to be provided by each, the dollar value of each DBE transaction, and a written confirmation from the DBE that it Is participating DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 46 of 178 in the Contract. A copy of the DBE's quote will serve as written confirmation that the DBE is participating in the Contract. When 100 percent of a contract item of work is not to be perfonned or furnished by a DBE, a description of the exact portion of that work to be performed or furnished by that DBE shall be included in the DBE information, including the planned location of that work. The work that a DBE prime contractor has committed to performing with its own forces as well as the work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies will count toward the goal. The information necessary to establish the bidder's adequate good faith efforts to meet the DBE goal should include: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder. B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested. C. The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down of the Contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to meet the DBE goal was made available to DBE firms. D. The names, addresses and phone numbers of rejected DBE firms, the firms selected for that work, and the reasons for the bidder's choice. E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs. F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. G. The names of agencies contacted to provide assistance in contacting, recruiting and using DBE firms. H. Any additional data to support a demonstration of good faith efforts. The award of the Contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed and who has met the goal for DBE participation or has demonstrated, to the satisfaction of the City, adequate good faith efforts to do so. Meeting the goal for DBE participation or demonstrating to the satisfaction of the City, adequate good faith efforts to do so is a condition for being eligible for award of Contract. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 47 of 178 GUIDE FOR COMPLETING w 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 othen/vise 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 doliar 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 ($10,000) whichever is greater. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit Price, less the Bidder's overhead and profit, shall be multiplied by the Quantity of the bid item that 1**^ the Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed. DBE—04/17/13 ContractNo. 4012 Coastal Rail Trail Reach 1 Page 48 of 178 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) shal! 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 infonnation. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the Contract shall determined by the City Council in conformance with the provisions of the Contract documents and the Supplemental Provisions. The decision of the City Council shall be final. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 49 of 178 ^ DESIGNATION OF SUBCONTRACTOR AND W AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACTNO. 4012 COASTAL RAIL TRAIL REACH 1 The Bidder certifies that it has used ihe sub-bid of the Mkjmng listed subcontractor m preparing this bid for the Work and that the listed sutxxmtrador wK be us^ to perfonn the portions of the Work as designated in the list in aocordance with appfic^Me provisions of the spectftcations and section 4100 et seq. of tfie Public Contracts Code 'Subletting and Subcontracting Fair Practtces Act." The Bidder further certifies that m mkMkmsA ^jtKxm^ctor wll be flowed to perfomi any portion of the Work in excess of than one hatf of me p^x^ (0,5%) of the Bkfder's total bid or ten tfKMJsand dollars (510,000) whichever ts greater arKi Itiat no dianges in tie subcontractors listed work will be made except upon the prior approval of the Aciency. ri..j ; City State 7ip *SubcontiaCtors Telephone Number inducing Area Code: {^^0 } ^^b-T^^S *Subcoriti'actor*s California State Contiactors License No, ^id ClassiflGation: "PL^ oUOGCKiiii3ctor s t^Siispsci LjUsinsss i-fCsnsts iMo.. SUBCONTRACTOR'S BID ITEMB^ I! Bid^ ! Amount of Sybeontmcted T Amotmf M Work ff» Bfrf FAmotint of Coritractor*s 1 I No, 1 Subcontraetor's Owlmci I CkHitrsc^or Exiilm^g j ^ Bid Hem | ii i & Pront i O^^rhead & Profit 9 .x*^ mmfm^m j $ t ^ i fl? I IS IS I » i $ 1 ^sTv DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACT NO. 4012 COASTAL RAIL TRAIL REACH 1 The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: A^m^"^ ^PHA^T ^^OlV Subcontractor's Location of Business lA^Zio GAm/\ P{\f% ^ . Street Address fv^u^ 94 City State Zip 'Subcontractor's Telephone Number including Area Code: ( ) 0(Z^ ^Vl-^^ 'Subcontractor's California State Contractors License No. and Classification: ") ^ 'Subcontractor's Carisbad Business License No.: SUBCO NTRACTOR'S BID ITEMS* Bid Item No. Amount of Subcontracted Bid Item Including Subcontractor's Overhead & Profit Amount of Work In Bid Item Performed by Contractor Excluding Overhead & Profit Amount of Contractor's Overhead & Profit In Bid Item 2^ $ 30. 2(2.^6 $ $ $ SMO.Ot; $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ExDianation: Column 1 - Bid Item No. from the bid proposal. Column 2 - Ttie dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor'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. Page % of ^ pages of this Subcontractor Designation 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—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 50 of 178 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACTNO. 4012 COASTAL RAIL TRAIL REACH 1 The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perfonn any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: _ Subcontractor's Location of Business 2^36 M MlMlP^ 0^ ^T^^ ^ Street Address CA <^2oe>\ City State Zip 'Subcontractor's Telephone Number including Area Code: ( "^-^^ ) ^^-^ - ^t>6^ 'Subcontractor's California State Contractors License No. and Classification: ^S^^S^ 'Subcontractor's Carisbad Business License No.: SUBCONTRACTOR'S BID ITEMS* Bid Item No. Amount of Subcontracted Bid Item Including Subcontractor's Overhead & Profit Amount of Work In Bid Item Performed by Contractor Excluding Overhead & Profit Amount of Contractor's Overhead & Profit In Bid Item SO $ 13^^12.^0 $ $ hUO^^so $ ^.WoO.oo $ $ ^LfO'Of^ $ ^.3^3 40 $ $ $ AAi^^.OC, $ $ 400. $ ^,4^^ .^6 $ $ .^o $ 2, ^^^>.oo $ $ Z\1.0^ $ x^,fii.^c> $ $ 2,^^^-20 $ |7.,^fO-^o $ $ i udO.OV Expianation: Column 1 - Bid Item No. from the bid proposal. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor'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- Page pages of this Subcontractor Designation 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 fhis document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 50 of 178 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACT NO. 4012 COASTAL RAIL TRAIL REACH 1 The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perfonn any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: STAT^U/II^ Sl^iPQ'y Subcontractor's Location of Business _ Street Address OA City state Zip 'Subcontractor's Telephone Number inciuding Area Code: ( ) Ci^Q -U^V^ 'Subcontractor's California State Contractors License No. and Classification: ?fcS2^^ 'Subcontractor's Carisbad Business License No.: SUBCONTRACTOR'S BID ITEMS* Bid Item No. Amount of Subcontracted Bid Item Including Subcontractor's Overhead & Profit Amount of Work In Bid Item Performed by Contractor Excluding Overhead & Profit Amount of Contractor's Overhead & Profit In Bid Item $ 1^, bW.oo $ $ l^^O.CO $ /f;^^^-^ $ $ /JCTO.CC 10 $ I3>f^$0.co $ $ 1.^00 06 $ 2 J 0^0,00 $ $ ^2\Ooo $ ^f^^l.CO $ $ l,o2^XO $ 700.00 $ $ SoO.OC $ ' $ $ $ $ $ Exptanatlon: Column 1 - Bid Item No. from the bid proposal. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must b^^ual to the dollar amount in the bid price of the Item on bid proposal. Page ^ ' of Tf pages of this Subcontractor Designation 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 fhis document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 50 of 178 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACT NO. 4012 COASTAL RAIL TRAIL REACH 1 The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perfonn any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work wilt be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: Subcontractor's Location of Business _ Street Address CA City state Zip 'Subcontractor'sTelephone Number inciuding Area Code: ( U ) ^^ ^-CO^^ 'Subcontractor's California State Contractors License No. and Classification: ^"?^^| GJ O 'Subcontractor's Carisbad Business License No.: SUBCONTRACTOR'S BID ITEMS* Bid Item No. Amount of Subcontracted Bid Item Including Subcontractor's Overhead ^ & Profit Amount of Work In Bid Item Performed by Contractor Excluding Overhead & Profit Amount of Contractor's Overhead & Profit In Bid Item $ ^lioO'Co $ $ Z'^/COO, C6 $ $ ZflCV. oo $ ^,^00 CO $ $ s^o.oo $ \^S(^^.oO $ $ $ $ $ $ $ $ $ $ $ $ $ Explanation: Column 1 - Bid Item No. from the bid proposal. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must b^-eiqual to the dollar amount in the bid price of the item on bid proposal. Page V of y pages of this Subcontractor Designation 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—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 50 of 178 DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK CONTRACT NO. 4012 COASTAL RAIL TRAIL REACH 1 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 Wori< as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency. Full Owner Operator/Lessor Name: Owner Operator/Lessor Location of Business <7A- Street Address City state Zip *Owner Operator/Lessor Telephone Number including Area Code: { ) — *Owner Operator/Lessor City of Carisbad Business License No.: OWNER OPERATOR/LESSOR WORK ITEMS Bid Item No. Amount of Owner Operator/Lessor Bid Item Including Owner Operator/Lessor's Overhead & Profit Amount of Work In Bid Item Performed by Contractor Excluding Overhead & Profit Amount of Contractor's Overhead & Profit In Bid Item $ $ $ N//^ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Explanation: Column 1 - Bid Item No. from the bid proposal. 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. Page of pages of this Owner Operator/Lessor form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an 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—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 51 of 178 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CONTRACT NO, 4012 COASTAL RAIL TRAIL REACH 1 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address of the Employer Name and Phone No. of Person To Contract Type of Work Amount of Contract 8/14/12 S/24/<3 CITY Cpl^tAM-J^ OX^^ASL, CA ^^014 CbW)SSfe'-46l€' C»T^ OF Ctto«»-A Vl^flA tvi<») - toyo W DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 53 of 178 yXCOKO' CERTIFICATE OF LIABILITY INSURANCE OP ID: VP DATE (MM/DD/YYYY) 11/07/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS cCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ^ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED ^REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Rancho Mesa Insurance Services 250 Riverview Parkway #401 619-937-0164 CONTACT NAME: PRODUCER Rancho Mesa Insurance Services 250 Riverview Parkway #401 619-937-0168 PHONE (A/C. No. Ext): FAX (NC, No): Santee, CA 92071 Samuel L. Clayton E-MAIL ADDRESS: Santee, CA 92071 Samuel L. Clayton PRODUCER onPTI 1 CUSTOMER ID #: rUR 1 1-1 INSURER(S) AFFORDING COVERAGE NAIC# INSURED Portillo Concrete Inc. INSURER A: Navigators Specialty Ins Co 36056 3527 Citrus Street Lemon Grove, CA 91945 INSURER B: Golden Eagle Insurance Corp 10836 3527 Citrus Street Lemon Grove, CA 91945 INSURERc: National Union Fire Ins Co 19445 INSURER D: Insurance Company of the West 27847 INSURER E : INSURER F : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVP POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A B GEr X JERAL LIABILITY X X SF09CGL014972-04 07/29/13 07/29/14 EACH OCCURRENCE $ 1,000,000 A B GEr X COMMERCIAL GENERAL LIABILITY X X SF09CGL014972-04 07/29/13 07/29/14 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50,000 A B CLAIMS-MADE X OCCUR X X SF09CGL014972-04 07/29/13 07/29/14 MED EXP (Any one person) $ 5,000 A B X CONTRACTUAL LIAB X X SF09CGL014972-04 07/29/13 07/29/14 PERSONAL & ADV INJURY $ 1,000,000 A B X X SF09CGL014972-04 07/29/13 07/29/14 GENERAL AGGREGATE $ 2,000,000 A B GEr g'L AGGREGATE LIMIT APPLIES PER: POLICY X JECT LOC X X SF09CGL014972-04 07/29/13 07/29/14 PRODUCTS - COMP/OP AGG $ 2,000,000 A B GEr g'L AGGREGATE LIMIT APPLIES PER: POLICY X JECT LOC X X SF09CGL014972-04 07/29/13 07/29/14 $ A B AU1 X X OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS BA8679503 05/29/13 05/29/14 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A B AU1 X X OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS BA8679503 05/29/13 05/29/14 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ $ $ A B AU1 X X OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS BA8679503 05/29/13 05/29/14 Comp Ded $ 500 A B AU1 X X OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS BA8679503 05/29/13 05/29/14 Coll Ded $ 500 C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE BE 038255254 07/29/13 07/29/14 EACH OCCURRENCE $ 2,000,000 C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE BE 038255254 07/29/13 07/29/14 AGGREGATE $ 2,000,000 C DEDUCTIBLE RETENTION $ BE 038255254 07/29/13 07/29/14 $ C DEDUCTIBLE RETENTION $ BE 038255254 07/29/13 07/29/14 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE 1 1 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) ' ' If yes, describe under DESCRIPTION OF OPERATIONS below N/A X WSD 5000765 05 10/21/13 10/21/14 V WC STATU- OTH-^ TORY LIMITS ER D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE 1 1 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) ' ' If yes, describe under DESCRIPTION OF OPERATIONS below N/A X WSD 5000765 05 10/21/13 10/21/14 E.L. EACH ACCIDENT $ 1,000,000 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE 1 1 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) ' ' If yes, describe under DESCRIPTION OF OPERATIONS below N/A X WSD 5000765 05 10/21/13 10/21/14 E.L DISEASE - EA EMPLOYEE $ 1,000,000 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE 1 1 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) ' ' If yes, describe under DESCRIPTION OF OPERATIONS below N/A X WSD 5000765 05 10/21/13 10/21/14 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: CONTRACT NO. 4012 - COASTAL RAIL TRAIL REACH 1 - PWS14-17TRAN. CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES OR VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED PER FORM ANF-ES 160 ATTACHED. PRIMARY AND NON-CONTRIBUTORY WORDING APPLIES PER ENDORSEMENT ATTACHED. CERTIFICATE HOLDER CANCELLATION CITYCAR CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD, CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ^4llllll^^ POLICY NUMBER: SF09CGL014972-04 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ iT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT (EXCLUDING RESIDENTIAL) This endorsement modifies Insurance provided underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 1011 85 SCHEDULE Name of Person or Oiiganizafion: Any person or organizatton thatthe named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy. WHO IS AN INSURED (Section 1!) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insu red by or for you, The following additional provisions apply to ariy entity tliat is an insured by the ternis of this endorsement: 1. Primarv Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contr&ute to it. 2. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. 3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agents/ employees. 4. This endorsement does not apply to any work involving or related to properties intended for permanent residential or habitational occupancy (otherthan apartments). The words "you" and "your" refer to the Named Insured shown in the Declarations, "Your work" means wori< or operations peri'ormed by you oron your behalf; and materials, parts or equipment furnished in connection with such work or operations. ANF-ES 160 (5/ 2006) ANF-ES 160 5.max WORKERS COMPENSATION AND EMPLOYERS UABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 3% ofthe total California Workers' Compensation premium otherwise due. Schedule Person or Organization ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED IS REQUIRED UNDER WRITTEN CONTRACT TO FURNISH THIS WAIVER. Job Description RE: ALL CALIFORNIA OPERATIONS. Policy Number: WSD 5000765 05 Endorsement Effective: 10/21/13 Issue Date: 10/30/13 WC 99 06 34 (Ed. 8-00) Insured: Portillo Concrete Inc Coverage Provided by: Insurance Company ofthe West Countersigned by: BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) CONTRACT NO. 4012 COASTAL RAIL TRAIL REACH 1 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? ^ yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred ufA party debarred agency agency period of debarment period of debarment BY CONTRACTOR: (sign here) (print name/title) Page of pages of this Re Debamient form DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 55 of 178 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CONTRACT NO. 4012 COASTAL RAIL TRAIL REACH 1 Contractors are required by law to be licensed and regulated by the Contractors' State Ucense 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? \ yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? J7 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 Califomia Contractors' State license Board two or more times within an eight year period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the^ork ever been stayed? 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. (if needed attach additional sheets to provide full disclosure.) Page of pages of this Disclosure of Discipline form i^' DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 56 of 178 BIDDER S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CONTRACT NO. 4012 COASTAL RAIL TRAIL REACH 1 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. MJ)>>»»ni«J>»l»»jn>IIH»»3>J)l>>»)J57J)»))>J»»»>ro>>J)»JJJ>JJI>}JJ>J))J>JI>>»)H)»)J»»!l»»»J>/ '(If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: (sign here) (print name/title) Page of pages of this Disclosure of Discipline form DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 57 of 178 Citv of Carlsbad Public Works - Contract Administration October 31, 2013 ADDENDUM NO. 1 RE: COASTAL RAIL TRAIL REACH 1, BID NO. PWS14.17TRAN Please include this addendum in the Request for Bid you have for the above project: This page of the addendum—receipt acknowledged—must be attached to your bid when it Is submitted. KBfIN L. DAVIS Sr. Contract Administrator ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 6UA^ Signature 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4677 • FAX (760) 602-8562 @ Citv of Carlsbad Public Works - Contract Administration October 31,2013 ADDENDUM NO. 1 RE: COASTAL RAIL TRAIL REACH 1, BID NO. PWS14.17TRAN Please include this addendum in the Request for Bid you have for the above project: This page of the addendum—receipt acknowledged—must be attached to your bid when it is submitted. KEVIN L. DAVIS Sr. Contract Administrator ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Signature 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4677 • FAX (760) 602-8562 @ c c CITY OF CARLSBAD COASTAL RAIL TRAIL REACH 1 CONTRACT NO. 4012 Bid No. PWS14-17TRAN Addendum No. 1 From: Jon Schauble, Project Manager Phone: (760)602-2762 Fax: (760) 602-8562 No. of Pages: 15 (8.5x11 including this page) and 4 full size drawings (24x36) Date: October 30, 2013 Bid Opening Date: November 13, 2013 - 2:00 pm (unchanged) CONTRACTOR'S PROPOSAL On Page 11 of the Contract Documents, Bid Item A-2 'Construction Schedule' shall be stipulated as $5,000 lump sum per Section 6-1.8 Measurement and Payment (page 91). Bidder shall enter $5,000 for unit price and total. PART 1 GENERAL PROVISIONS Section 9-4 "Bid Items" on page 109: Furnish and Install Rip-Rap Energy Dissipater per SDRSD D-40. Add the following: There are 2 energy dissipaters to be constructed which are shown on Sheet 14. Both energy dissipaters shall be Type 2 (without concrete sill) and both shall have rip-rap placed over geosynthetic filter fabric. The western energy dissipater shall be 10 feet long by 5 feet wide, with VA. ton rock placed at a thickness of 3 feet. The eastern energy dissipater shall be 6 feet long by 3 feet wide, with No. 2 backing rock placed at a thickness of 1.1 feet. The price bid for Bid Item A-20 shall include all ofthe above requirements. APPENDIX A United States Fish and Wildlife Service letter dated September 4, 2013 is included in this Addendum No. 1. The US Fish and Wildlife Service letter takes precedence over the Coastal Development Permit wherever the terms of the two documents are in conflict. APPENDIX B Coastal Devetopment Permit No. 6-12-087 is included in this Addendum No. 1. ENGINEERING DRAWINGS NO. 476-1 Sheets 9, 14, 17, and 19 have been revised and dated 10-28-13. These sheets replace the corresponding sheets in the original engineering drawings no. 476-1. Contract No. 4012 Addendum No. 1 GEOTECHNICAL EVALUATION The "soils report" prepared by Ninyo & Moore dated 7-26-12 is available for viewing at the engineering counter at 1635 Faraday Ave, Cartsbad, CA 92008 during normal business hours. AT-GRADE SIDEWALK CONSTRUCTION DETAIL A new at-grade sidewalk construction detail is included in this Addendum No. 1 ContractNo. 4012 Addendum No. 1 United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services Carlsbad Fish and Wildlife Office 2177 Salk Avenue, Suite 250 Carlsbad, Califomia 92008 In Reply Refer To: FWS-SDG-09B0336-13I0356 SEP 0 4 2013 Mr. Robert A. James Senior Environmental Planner - Biologist Califomia Department of Transportation 4050 Taylor Street San Diego, Califomia 92110 Subject: Informal Section 7 Consultation for the Coastal Rail Trail, Reach 1, Cities of Oceanside and Carlsbad, San Diego County, Califomia. Dear Mr. James: This is in response to your correspondence, dated June 17,2013, requesting our concurrence with your determination that the subject project is not likely to adversely affect the federally endangered light-footed clapper rail {Rallus longirostris levipes; clapper rail), in accordance with section 7 of 1^ the Endangered Species Act of 1973 (Act), as amended (16 U.S.C. 1531 et seq.). The project is receiving Federal funding through the Federal Highway Administration (FHWA). The Califomia Department of Transportation (Caltrans) has assumed FHWA's responsibilities under the Endangered Species Act of 1973 (Act), as amended (16 U.S.C. 1531 etseq.X for this consultation in accordance with section 1313 (Surface Transportation Project Delivery Program) of the Moving Ahead for Progress in the 21st Century Act (MAP-21) of 2012, as described in the National Environmental Policy Act assignment Memorandum of Understanding between FHWA and Caltrans (effective October 1,2012) and codified in 23 U.S.C. 327. The proposed project is located in the Cities of Oceanside and Carlsbad between Eaton Street and Lagima Drive along Coast Highway 101 where it crosses Buena Vista Lagoon. The purpose ofthe project is to provide a safe pedestrian and bicycle connection between the cities, and ultimately to provide a continuous connection between all other reaches of the Coastal Rail Trail. The City of Carlsbad (City), in coordination with Caltrans, will constmct a multi-modal trail (pedestrian trail/Class I bicycle path) on the west side, one Class II bicycle lane on each side, and a sidewalk on the east side of Coast Highway 101 along Buena Vista Lagoon (Figures 1 to 5). To the north and south of Buena Vista Lagoon, the multi-modal trail will be constmcted to the west of Coast Highway 101, and a sidewalk v^U be constmcted to the east of State Street. In addition, the City will constmct a roundabout at the intersection of Coast Highway 101 and State Street, and Class III bicycle route signage along State Street to enhance pedestrian, bicyclist, and vehicular safety, and pedestrian and bicycle access to the Coastal Rail Trail. The portion of Coast Highway 101 that crosses Buena Vista Lagoon (Buena Vista Lagoon crossing; Figures 2 to 4) will be restriped from a Mr. Robert A. James (FWS-SDG-09B0336-1310356) 2 three-lane road to a two-lane road to accommodate project features into the existing highway and shoulder footprint. No grading, vegetation clearing, or expansion beyond the existing highway and shoulder footprint is proposed in this portion of the project. Construction to the north and south of the Buena Vista Lagoon crossing will require grading and clearing of ornamental and disturbed vegetation. Overall, project construction will begin in fall of 2013 and will continue into spring or summer of 2014. Construction to the north and south of the Buena Vista Lagoon crossing will use dump trucks for waste removal and equipment for grading, sawcutting, slurry seal resurfacing, concrete mixing, restriping, and hyrdoseeding, and start in fall of 2013 and take approximately 6 months to complete. Construction along the Buena Vista Lagoon crossing will use equipment for crack filling/asphalt patching, sawcutting, slurry seal resurfacing, concrete mixing, and restriping, and start in spring of 2014 (or sooner if construction outside the Buena Vista Lagoon crossing is completed early), and require approximately 5 days of construction spread out over about 3 weeks to complete. Buena Vista Lagoon supports extensive freshwater marsh and coastal brackish marsh dominated by broad-leaf cattail {Typha latifolia) and California bulmsh {Schoenoplectus califomicus). The clapper rail is known to occupy marsh habitat throughout Buena Vista Lagoon, including the habitat on either side of Coast Highway 101 (Caltrans 2013). Nine pairs were detected throughout the lagoon during annual rangewide surveys in 2012 (Zembal and Hoffman 2012). The project will only impact non-native, disturbed, developed, and landscaped areas within the existing highway and shoulder footprint, and will avoid direct impacts to clapper rail habitat. The project may result in indirect impacts to the clapper rail such as temporary displacement, noise, dust, and night lighting (if night-time construction is necessary for worker safety and traffic accommodation). If night lighting is required, the City and/or Caltrans will shield and direct all lighting away from clapper rail habitat. Vegetation clearing and grading activities that may create excess noise and dust will occur only to the north and south of the Buena Vista Lagoon crossing, and will be limited to outside the clapper rail breeding season (April 1 to September 15). Although project construction on the Buena Vista Lagoon crossmg directly adjacent to clapper rail habitat may extend into the clapper rail breeding season, it will be completed in approximately 5 days over a 3 week period and include only minor construction activities (e.g., resurfacing, restriping, and concrete pouring). Therefore, the clapper rail's potential exposure to indirect impacts will be limited. In addition, a biologist will survey for nesting clapper rails in suitable habitat within 300 feet ofthe project footprint. If a clapper rail nest is found, a minimum 50 foot buffer will be maintained between the constmction area and nest, and the biologist will monitor the nest. Ifthe biologist determines that nesting birds are being dismpted by project activities, then work will be suspended until effective impact minimization measures (i.e., noise attenuation stmctures) developed in coordination with the Carlsbad Fish and Wildlife Office (CFWO) are in place or until after the breeding season is completed. Clapper rails are known to occasionally cross Coast Highway 101 (Konecny pers. comm. 2013). The City and/or Caltrans will install exclusionary fencing between the project impact footprint and clapper rail habitat, which will discourage clapper rails from entering the project impact footprint '^1 c c Mr. Robert A. James (FWS-SDG-09B0336.13I0356) 3 along the Buena Vista Lagoon crossmg. The biologist vnW survey for clapper rails within the project impact footprint and flush any clapper rails found within the footprint into adjacent habitat. To allow for continued clapper rail movement across Coast Highway 101, the City and/or Caltrans will incorporate gaps into any temporary and/or permanent railings that will be installed as part of the project. hi summary, the City and/or Caltrans will implement sigmficant conservation measures (Enclosure) as part ofthe project to avoid and minimize potential impacts to the clapper rail. Based on the site and species information described above and the City's and Caltrans' commitment to implement the conservation measures, we concur that all project impacts to the clapper rail will be avoided or reduced to a level of insignificance supporting a determination that the Coastal Rail Trail, Reach 1 project is not Ukely to adversely affect the clapper rail. Therefore, the interagency consultation requirements of section 7 ofthe Act have been satisfied. Should project plans change or if additional information on the distribution of listed or proposed species becomes available, this determination may be reconsidered and further section 7 consultation may be required. Thank you for your coordination on this project. If you have any questions regarding this letter, please contact Lauren Kershek of this office at 760-431 -9440, extension 208. Sincerely, Karen A. Goebel Assistant Field Supervisor Literature Cited [Caltrans] Califomia Department of Transportation. 2013. Biological Assessment for the Coastal Rail Trail Reach 1 Project, San Diego County, Califomia. June 2013. Zembal, R. and S. M. Hof&nan. 2012. Status and distribution of the light-footed clapper rail in California, 2012 season. Prepared for the State of Califomia Department of Fish and Wildlife, South Coast Region. Personal Communication: Konecny, John. 2013. Konecny Biological Services consulting biologist. Personal communication on observations of light-footed clapper rail in Buena Vista Lagoon. On file, Carlsbad Fish and Wildlife Office. Mr. Robert A. James (FWS-SDG-09B0336-1310356) LSA Bio!of>£«: So* AIM (BiA, : E3 CCC ftBsAowaJWWiaii SHB BmCraaod Oajnaca" •• UMjcd VMU> of tteU S Di»aift.dr.MnlfcwliJi VBJI THwiliilTII.IM III TTIIII rii.J COKt.^lrtliiimi' ^Btsaib.d'acki nt« R^ciacHateK -J-;.r: ::::: :<c..t«j tx.-. Cacatal Kjtd Trail XMCII I lo^MCts to Vefctahoo aod Pcteacialh.- Jumdictjooal .Aicas (Source: Caltrans 2013). Mr. Robert A. James (FWS-SDG-09B0336-1310356) Miu»ix.aiigWH^3tHii,CiW»cjri*»a.TCi; ICCCi. I "••IM, I^^Wn .(III nWhlaii* —tia CoMalfibif *-««r AK» r liTTpatrts ID Veqetaiaon and Potentulty Jurndirtioral Arras (Source: Caltrans 2013). Mr. Robert A. James (FWS-SDG-09B0336-1310356) (Source: Caltrans 2013). Mr. Robert A. James (FWS-SDG-09B0336-1310356) 1,^ .--inp :.. Costal ikn tr»n (kmcn r Pdenfadlly Jurisdictional Areas (Source: Calti-ans 2013). Mr. Robert A. James (FWS-SDG-09B0336-13I0356) (Source: Caltrans 2013). ENCLOSURE The Coastal Rail Trail, Reach 1 project includes the following conservation measures that City of Carlsbad and Caltrans have committed to implement to avoid and minimize potential adverse effects to the clapper rail to an insignificant level. These measures support the U.S. Fish and Wildlife Service's (Seivice) concurrence with Caltrans' "not likely to adversely affecf determination for the clapper rail: 1. Vegetation removal and grading activities will occur between September 16 and March 31 to avoid the clapper rail breeding season and will only occur to the north and south of the Buena Vista Lagoon crossing. 2. The City and/or Caltrans will temporarily fence (with erosion and sediment control devices) the limits of project impacts to the north and south of the Buena Vista Lagoon crossing (including construction staging areas and access routes) to prevent impacts to clapper rail habitat and the spread of silt from the construction zone into adjacent areas to be avoided. Erosion and sediment control devices, including fiber rolls and bonded fiber matrix, will be made from biodegradable materials such as jute, with no plastic mesh, to avoid creating a wildlife entanglement. Fencing will be installed in a manner that does not impact habitats to be avoided. 3. For construction along the Buena Vista Lagoon crossing, immediately after the project impact footprint is surveyed by a biologist as required in conservation measure 4.a, a 3 to 5-foot tall exclusionary fence with a maximum of 2-inch mesh openings will be installed to inhibit the entry of clapper rails into active constmction areas and to ensure adjacent clapper rail habitat is avoided. The exclusionary fence will enclose the daily construction area to the maximum extent practicable depending on the area and duration of the constmction activity. For example, the exclusionary fence for street resurfacing, which will likely only take one day and cover the entire length of the Buena Vista Lagoon crossing, will be installed just between the project impact footprint and adjacent clapper rail habitat. However, the exclusionary fence for sidewalk constmction, which may be done in sections and require a few days to complete, will be installed around the entire daily constmction area. 4. A biologist knowledgeable of clapper rail biology and ecology, approved by the CFWO, will oversee compliance with the conservation measures for this project. The biologist will perform the following duties: a. For project activities that cannot be timed to avoid the clapper rail breeding season, perform a minimum of three focused surveys within 300 feet of the project footprint before project construction to check for clapper rail nesting activity. Should an active nest be located in the impact footprint, then work will be suspended until the nest is vacated; C Mr. Robert A. James (FWS-SDG-09B0336-1310356) Enclosure, Page 2 b. Should an active nest be located, ensure a minimum 50-foot biological buffer is maintained between the project footprint and nest; c. Monitor any nesting clapper rail within 300 feet of the project footprint. Ifthe biologist determines that nesting birds are being disrupted by project activities, then work will be suspended until effective impact minimization measures (i.e., noise attenuation structures) developed in coordination with the CFWO are in place or until after the breeding season is completed; d. Before each workday begins, check to see if any clapper rails have entered the project impact footprint; e. If any clapper rails are found within the impact footprint, the biologist will direct construction personnel to begin in an area away from the clapper rails. In addition, the biologist will passively flush clapper rails towards adjacent areas to be avoided (e.g., slowly walking through clapper rail habitat to effect natural dispersal to adjacent habitat). It will be the responsibility of the biologist to ensure that clapper rails will not be injured or killed by project implementation; f Be on site during work to ensure compliance with all conservation measures and halt work, if necessary, for any project activities that are not in compliance with the ^--^ conservation measures. The biologist will report to the CFWO within 24 hours of its occurrence and confer with the CFWO to ensure the proper implementation of clapper rail protection measures. 5. All equipment maintenance, repairs, staging, and dispensing of fiiel, oil, lubricants, or any other such activities will occur in developed areas. The designated developed areas will be located in such a manner as to prevent the mnoff from any spills from entering waters ofthe United States. 6. A construction Storm Water Pollution Prevention Plan (SWPPP) and soil erosion and sedimentation plan will be developed to minimize erosion and identify specific pollution prevention measures that will eliminate or control potential point and nonpoint pollution sources on site during and following the project's constmction phase. The SWPP will identify specific Best Management Practices (BMPs) to be implemented during project constmction so as not to cause or contribute to exceeding any water quality standard. In addition, the SWPPP will contain provisions for changes to the plan such as altemative mechanisms, if necessary, during project design and/or constmction to achieve the stated goals and performance standards. A weed prevention program will be developed and implemented until completion of constmction ofthe project to minimize and prevent the importation and spread of non-native plant material during and after constmction. Mr. Robert A. James (FWS-SDG-09B0336-1310356) Enclosure, Page 3 8. Any lighting required during project activities will be shielded and directed away from clapper rail habitat to ensure that these areas not artificially illuminated. 9. If temporary and/or permanent railing is installed, it will be designed with gaps to maintain the opportunity for clapper rail movement across Coast Highway 101. The City and/or Caltrans will submit all railing plans to the CFWO for approval prior to initiation of construction. c STATE OF CALIFORNIA - THE NATURAL RESOURCES AGENCY EDMUND G. BROWN. JR.. Governor CALIFORNIA COASTAL COIVIMISSION San Diego Coast Area Office 'JHk 1?/^1T« T\ 7W7iY% 7575 Metropolitan Drive. Suite 103 A^VC^\^ JC^X V MLMJ S#»Oiego. CA 92108-4421 www.coastal.ca.gov *• '^^ nUNfSPORTATION Page 1 * ^^^^^^ ^ Date: March 20, 2013 Permit Application No.: 6-12-087 COASTAL DEVELOPMENT PERMIT On March 7, 2013, the California Coastal Commission granted to: Cities of Carlsbad and Oceanside this permit subject to the attached Standard and Special Conditions, for development consisting of Construction ofthe Carlsbad Coastal Rail Trail Reach 1 which vt^ould include: 1) construction of Coastai Rail Trail; 2) installation of Class 11 bike lanes; 3) construction of sidewalk; 4) restripe of roadway from three to two lanes; 5) construction of a round-a-bout; and 6) landscaping installatton more specifically described in the application filed in the Commission offices. The development is within the coastal zone at C The project site is located along Carlsbad Boulevard/South Coast Highway from Eaton Street south to State Street and then extending further south along State Street until Oak Avenue, Cities of Carlsbad and Oceanside, San Diego County. Issued on behalf of the California Coastal Commission by CHARLES LESTER Executive Director By: GABRIEL BUHR Coastal Program Analyst ACKNOWLEDGMENT: The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part that: "A Public entity is not liable for injury caused by the issuance... of any permit. .." applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 Cal. Admin. Code SectionlS 158(a), HA/13 Date (/ Signature of Permittee COASTAL DEVELOPMENT PERMIT Date: March 20, 2013 Permit Application No.: 6-12-087 Page 2 of 6 STANDARD CONDITIONS: Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: The permit is subject to the following conditions: 1. Storm Water Management Plan. The applicant shall conform to the Storm Water Management Plan dated September 17, 2012 incorporating the described applicable storm water treatment techniques into the project design. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved plan shall be reported to the Executive Director. No changes to the approved plan shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 2. Erosion Control and Construction Best Management Practices Plan. PRIOR TO COMMENCEMENT OF SITE CLEARING OR OTHER DEVELOPMENT, a Storm Water Pollution Prevention Plan (SWPPP) shall be submitted for review and written approval of the Executive Director. The plan shall describe how impacts to water quality and coastal wetlands from storm water runoff during the proposed construction period will be prevented. The applicant shall develop the SWPPP in consultation with the Regional Water Quality Control Board (RWQCB). The SWPPP shall specify the following: Erosion Control Plan a. The plan shall delineate the areas to be disturbed by grading or construction activities and shall include any temporary access roads, staging areas and stockpile areas. The natural areas to be protected on the site (i.e., the ESAs) shall be cleariy delineated on the plan and on-site with fencing or survey flags; c COASTAL DEVELOPMENT PERMIT Date: March 20, 2013 Permit Application No.: 6-12-087 Page 3 of 6 b. Include a narrative report describing all temporary run-off and erosion control measures to be used during construction; c. The plan shall identify and delineate on a site or grading plan the locations of all temporary erosion control measures; d. The erosion control measures shall be required on the project site prior to or concurrent with the initial grading operations and maintained throughout the development process to minimize erosion and sediment from runoff waters during construction. The plan shall specify that the applicant shall install or construct temporary sediment basins (including debris basins, desilting basins or silt traps); temporary drains and swales; sand bag barriers; silt fencing; stabilize any stockpiled fill with geofabric covers or other appropriate cover; and install geotextiles or mats on all cut and fill slopes during the rainy season (November 1 - March 31), and as needed for precipitation events that occur outside the rainy season. Open trenches shall be closed and stabilized as soon as possible. e. All fill material and construction debris should be retained on-site or removed to an approved disposal site outside the coastal zone, or to a site within the coastal zone permitted to receive fill. If the disposal site is located in the coastal zone, a coastal development permit or an amendment to this permit shall be required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required. Construction Best Manaaement Practices a. No demolition or construction materials, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain, or tidal erosion and dispersion; b. No demolition or construction equipment, materials, or activity shall be placed in or occur in any location that would result in impacts to environmentally sensitive habitat areas, streams, wetlands or their buffers; c. Any and all debris resulting from demolition or construction activities shall be removed from the project site within 24 hours of completion of the project; d. Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters; e. All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day; f The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction; g. Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the coastal zone, a coastal development permit or an amendment to this permit shall be required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required; h. All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil; 4 COASTAL DEVELOPMENT PERMIT Date: March 20, 2013 Permit Application No.: 6-12-087 Page 4 of 6 i. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems; j. The discharge of any hazardous materials into any receiving waters shall be prohibited; k. Fuels, lubricants, and solvents shall not be allowed to enter the coastal waters or wetlands. Hazardous materials management equipment shall be available immediately on-hand at the project site, and a registered first-response, professional hazardous materials clean-up/remediation service shall be locally available on call. Any accidental spill shall be rapidly contained and cleaned up. Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away from the receiving waters and storm drain inlets as possible; I. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of demolition or construction-related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on-set of such activity; and m. All BMPs shall be maintained in a functional condition throughout the duration of construction activity. The final SWPPP shall be in conformance with the site/development plans approved by the Coastal Commission. Any changes to the SWPPP shall be reported to the Executive Director and no changes shall occur without an amendment to the coastal development permit, unless the Executive Director determines that no amendment is required. 3. Timing of Construction. To avoid potential impacts to the Least Bell's vireo and light footed clapper rail nesting season, removal of existing vegetation and grading activities are not permitted between the dates of February IS"' and September 15*^ of any year; unless written permission from the California Department of Fish and Wildlife and/or the US Fish and Wildlife Service is provided to the Executive Director for review and approval. 4. Landscape Plan. The applicant shall undertake plant installation in conformance with the Planting Plans developed by the City of Carisbad, and dated December 2012. Final landscaping plans shall identify the following. Vegetation in landscaped areas adjacent to natural areas shall only consist of native plants. No plant species listed as problematic and/or invasive by the California Native Plant Society (http.7/www.CNPS.ora/^. the California Invasive Plant Council (http://www.cal-ipc.ora/). or as may be identified from time to time by the State of California shall be employed or allowed to naturalize or persist on the site. No plant species listed as a 'noxious weed' by the State of California or the U.S. Federal Government shall be utilized within the property. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plan shall be reported to the Executive Director. No changes to the approved final plan shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. c COASTAL DEVELOPMENT PERMIT Date: March 20, 2013 Permit Application No.: 6-12-087 Page 5 of 6 5. Construction Impacts/ Restoration. WITHIN 30 DAYS FOLLOWING PROJECT COMPLETION, the applicant shall submit for Executive Director review and written approval the post construction survey required in #a below. If temporary impacts to wetlands are identified, the post construction survey shall also include a detailed revegetation plan indicating the type, size, and extent of all plant materials, any irrigation system and other landscape features to revegetate inadvertent wetland impacts. Implementation ofthe approved revegetation plan shall occur within 60 days of approval by the Executive Director or within such additional time as the Executive Director may grant for good cause. The revegetation plan shall be developed in consultation with the Department of Fish and Wildlife and at a minimum include: a. Post-Construction Survey. The existing condition of the wetland vegetation and substrate at the subject site has been documented. The extent of any impacts to the vegetation and substrate shall be assessed and documented after completion of the project to determine actual impacts. If no impacts have occurred, no mitigation will be necessary. If the post- construction survey identifies that temporary wetland impacts have occurred, the area shall be revegetated at a 1:1 ratio. Ifthe post-construction survey Identifies that permanent wetland impacts have occurred a permit amendment is required to address the identified impacts. Mitigation shall be provided for any identified permanent wetland impacts at a ratio of not less than 4:1. b. Any temporary upland impacts to native or environmentally sensitive habitat shall be revegetated at a 1:1 ratio. Native plants, similar to those impacted, shall be utilized to re- establish the area consistent with historic conditions. (No plant species listed as problematic and/or invasive by the California Native Plant Society (http://www.CNPS.ora/). the California Invasive Plant Council (http://www.cal-ipc.oral). or as may be identified from time to time by the State of California shall be employed or allowed to naturalize or persist on the site. No plant species listed as a 'noxious weed' by the State of California or the U.S. Federal Government shall be utilized within the property). c. The following goals, objectives, and performance standards shall apply for any necessary restoration: 1. Full restoration of all wetland impacts that are identified as temporary, beyond the 90 day self-recovery period. Restoration of temporarily impacted areas shall include at a minimum, restoration to before-impact hydroiogy, removal of all non- native plant species, and replanting with locally collected native wetland species. 2. Success criteria and final performance monitoring shall provide at least a 90% coverage of areas disturbed by construction activities within 1 year of completion of construction activities. 3. The final design and construction methods that will be used to ensure the restoration sites achieve the defined goals, objectives, and performance standards. 4. Submittal, within 30 days of initial restoration work, of post-restoration plans demonstrating that the revegetated areas have been established in accordance with the approved design and construction methods. COASTAL DEVELOPMENT PERMIT Date: March 20, 2013 Permit Application No.: 6-12-087 Page 6 of 6 5. A survey taken 1 year after revegetation identifying the quantity and quality of the restored plants. If the survey demonstrates the revegetation has been unsuccessful, in part or in whole, the survey shall include a plan for remediation and further surveys / reports until the site(s) are fully restored. 6. All surveys, reports or other documentation of the post-construction impacts shall be submitted to the San Diego office of the Coastal Commission within 30 days of completion. The applicant shall undertake the development in accordance with the approved mitigation/monitoring program. Any proposed changes to the approved program shall be reported to the Executive Director. No changes to the program shall occur without a Coastal Commission-approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 6. Other Permits. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, the permittee shall provide to the Executive Director copies of ail other required state or federal discretionary permits forthe development authorized by Coastal Development Permit 6-12- 087. The applicant shall inform the Executive Director of any changes to the project required by other state or federal agencies. Such changes shall not be incorporated into the project until the applicant obtains a Commission amendment to this permit, unless the Executive Director determines that no amendment is legally required. ^^^^^ G:\San Diego\Permits 2000\6-12-087p.do£3< SLOT PAVE 4" MIN. EXISTING AC DEPTH VARIES (3.5"-11") IxJ LIN UT o < ^ 12" 6" EXISTING BASE DEPTH VARIES- (0"-18") CONSTRUCT AT-GRADE SIDEWALK PROPOSED FULL DEPTH SECTION 4" AC OVER 10" AB AT-GRADE SIDEWALK CONSTRUCTION NOT TO SCALE c • • • CDNBULTINB 5050 AVENIDA BICINAS. SUITE 280 CARLSBAD, CAUFORNIA 92008.4386 A IQ^^HCompany 760.476.9193 • FAX760.476.9198 • www.RBF.coni CONTRACT PUBUC WORKS This agreement is made this //^ day of Dec^^heTir- , 20 i 3. by and between the City of Carisbad, California, a municipal corporation, (hereinafter called "City"), and Portillo Concrete, Inc. whose principal place of business is 3527 Citrus Street, Lemon Grove, CA 91945 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: CONTRACT NO. 4012 COASTAL RAIL TRAIL REACH 1 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Noncollusion Declaration, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure ofthe Contractorto apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For atl compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. For all incentive payments, the City shall determine, within its sole discretion, whether the Contractor has satisfied all of the incentive requirements, and the Contractor agrees that the City's determination shall not be disputable. If the City determines that the Contractor has failed to meet all of the requirements for an incentive payment, the Contractor will not receive the incentive payment, nor any part thereof. If the City has determined that the Contractor has met all of the incentive DBE—04/17/13 ContractNo. 4012 Coastal Rail Trail Reach 1 Page 58 of 178 requirements, the City shall notify the Contractor in writing. Upon receipt of written notification, the Contractor shall prepare and submit an invoice for the incentive payment. A. Incentive Payment 1. The Contractor shall receive an incentive payment of $10,000 for submitting complete and properly executed contract documents as described in these contract documents, as determined by the City, within ten calendar days of the contract award at the City Council meeting. In addition to the submission of complete, executed contract documents and bidder's proposal, the Contractor shall submit the following to the City of Carisbad at 1635 Faraday Ave within ten calendar days of contract award in order to receive Incentive Payment 1: Current City df Carlsbad business license Contract-required bonds Proof of contract-required insurance and endorsements Properly executed and notarized contract Optional escrow agreement (if to be used) B. Incentive Payment 2. The Contractor shall receive an incentive payment of $10,000 for submitting all required submittals, per the requirements of Section 2-5.3 of the Supplemental Provisions, within 20 calendar days of the contract award at the City Council meeting. The submittals shall be delivered to the Project Engineer at 1635 Faraday Ave, Carlsbad, CA, and shall include, but not be limited to: Construction schedule Traffic control plans City Storm Water Pollution Prevention Plan (SWPPP) Shop drawings • Materials submittals w C. Incentive Payment 3. The Contractor shall receive an incentive payment of $20,000 for completing all project work by March 31, 2014 regardless of weather and other delays. The project work shall include all work shown in the following: plans, shop drawings, standard drawings, bid items, contract documents, contract addenda, change orders, supplemental provisions, specifications, submittals, and punch list items. The hours of work shall be between the hours of 8:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding City holidays. 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 alt work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any infonnation 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, j0i>^ as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class 11, or Class III disposal site in accordance with provisions of existing law. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 59 of 178 B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. . 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The 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 othenwise, and Contractor will pay all costs, including defense f^' costs for the City. Defense costs include the cost of separate counsel for City, if City requests ^'«*<*' separate counsel. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 60 of 178 10. Insurance. Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91-403. (A) Coverages and Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, 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 'W' or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. 0 DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 61 of 178 (D) Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91-403. (H) Verification of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost of insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions 1 section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any Contract claim submitted to the City must be asserted as part of the Contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 62 of 178 (D) Penalty Recovery, if the City of Carisbad 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 Municipai Code. The provisions of Carisbad 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 Carisbad to disqualify the Contractor or subcontractor from participating in future Contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. . ^ I have read and understand all provisions of Section 11 above. ^^^^ init vX init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this Contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure perfonnance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or othenwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 63 of 178 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: J f (name ^(sign here) (pripl name and title) CITY OF CARLSBAD a municipal corporation of the State of Californi By: (sign here) Xi^h PodiMLo -seerIC Fo (print name and title) ^^^^^^^^ President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: f\i>k 77P Assistant City Attorney | V DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 64 of 178 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CAUFORNIA County of San Diego } On 12/06/2013 Date before me, Dolores Alvarez. Notarv Public Here Insert Name and Title of the Officer personally appeared Tina Portillo and Mario Portillo Name(s) of Signer(s) 3 1 DOLORES ALVAREZ Commission # 1917393 Notary Public - California z San Diego County g My Comm. Expires Jan 13. 20151 who proved to me on the basis of satisfactory evidence to be the person© whose name^ -isigr^ subscribed to the within instrument and acknowledged to me that^m/'sl^^Tfii^ executed the same irLi:«6/h«fl^f5^>authorized capacityffitj) and that byMilho^t^i!^ signaturei^Jyjn the instrumentTRe person{gJ^ or the entity upon behalf of which the person® acted, executed the instrument. Place Notary Seal Above 1 certify und the State and corn Witness m Signature PENALTY OF PERJURY under the laws of lifornia that the foregoing paragraph is true OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OFSIGNER Top of thumb here Signer Is Representing: Signer's Name: n Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 r Premium will be adjusted based on fmal contract price Bond No.: 024049081 Premium: Included in Performance Bond LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carisbad. State of Califomia. by Resolution No. 2013- 277, adopted December 3. 2013, has awarded to Portillo Concrete, Inc. (hereinafter designated as the "Principal"), a Contract for CONTRACT NO. 4012, COASTAL RAIL TRAIL REACH 11n the City of Carisbad, 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 Carisbad and all of which are Incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the temns thereof require the fumishing 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 perfonnance of the wori< agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE. WE, Portillo Concrete, Inc.. as Principal, (hereinafter designated as the "Contractor"), and The Ohio Casualty Insurance Company aS Surety, are held f\m\y bound unto the City of Carisbad in the sum of Nine hundred Ninety Six Thousand Four Hundred Thirty Five Dollars ($996,435). said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the temns of the contract by the City of Carisbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, fimnly 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 perfomnance of the wori< contracted to be done, or for any other woric or labor thereon of any kind, consistent with Califomia Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the wori< or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department fi^om the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the woric and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attomey's fees, to be fixed by the court consistent with Califomia Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civii Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be perfomned 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 woric or to the specifications. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 65 of 178 r In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this dayof ^20. Executed by SURETY this 6th day of December , 20 J£_. CONTRACTOR: Portillo Concrete, Inc. SURETY: The Ohio Casualty Insurance Company 62 Maple Avenue Keene, NH 03431 (name of Surety) (sign here) (address of Surety) Mario Portillo 858-450-0582 (print nsmne here) 72 (telephone riiymber of Surety) President (title and organization of signatory) By: O ^->teian hen (^^^jslgnature of Attomey-in-Fact) sign here) (print name here) Cyndi Beilman, Attomey-in-Fact (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolutkxi certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attome By: Anomey Assistant City Attomey i DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 66 of 178 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego } On Decembers. 2013 Date before me, Dana L. Michaeiis. Notary Public Here Insert Name and Title of the Officer personally appeared Cyndi Beilman Name(s) of Signer(s) Mi DANA L. MICHAELIS Commission # 1980195 Notary Public - California San Diego County ^ MyComm. Expires Jun 27, 20161 m>''t^9''it^tF'm''m>'^F^F'^F'm''m'''9''9'''<^'^f'K Place Notary Seal Alxive who proved to me on the basis of satisfactory evidence to be the person(iO whose name(9^ 'islam subscribed to the within instrument and acknowledged to me that jifis^she/ttf^ executed the same inlgls/her/tKeilr authorized capacity()es), and that by*iB/her/t*iBiKsignature(s) on the instrument the person(«), 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 Signature and official seal. ignature of Notary Public Dana L. Michaeiis OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 6296157 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & CeBualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American insurance Company is a coiporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Anne Wright: Cyndi Beilman: Dana Michafilis (0 o 0) c .ti m ^ 3 0) > C (0 _ k. i.E h> -*»> O <0 M- I- •q >^ = o ta c > 2 *^ t: 5 = z o . state of CA . each individually if there be more than one named, its tme and lawiiii attomey-in-fact to make, execute, seal, acknowledge all of the city of La Mesa and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligattons, in pursuance of these presents and shall be as binding upon the Companies as if tliey have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 20th dayof September . 2013 . ..^"-•r'T--^.... . , American Fire and Casualty Company , . : The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: Gregory W. Davenport, Assistant Secretary STATE OF WASHINGTON ss COUNTY OF KING On this 20th day of September Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. 2013 . before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American By: iot^^TPut KD Riley , Notdsjr Public This Power of Attomey is made and executed pursuant to and by authority of the folbwing By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Ubetty Mutual Insurance Company, and West American Insurance Company whrch resolutions are now in full force and effect reading as foltows: ARTICLE IV - OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporatton to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall have lull power to bind the Corporatton by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instmments shall be as binding as if signed by the Prestoent and attestedtobythe Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and executton of any such instmments and to attach thereto the seal of the Company. When so executed such instmments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attomeys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances aid other surety obligations. Authorization - By unanimous consent of the Compan/s Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned. Assistant Secretary, of American Fire and Casualty Company, The Ohto Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a fiill, true and conect copy of the Power of Attomey executed by said Companies, is in full force and effect and h£6 not been revoked. IN TESTIMONY WHEREOF, I havs hereunto set my hand and affixed the seals of said Companies this 6 th day of December 20 13 . By: .i£/f4 David M. Carey, Assistant Secretary O C ^« o e .iSo ll LMS 12873 092012 28 Of 200 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OFCALIFORNIA County of San Diego On 12/06/2013 Date } before me, Dolores Alvarez. Notarv Public Here Insert Name and Title of the Officer personally appeared Tina Portillo and Mario Portillo Name(s) of Signer(s) DOLOR ALVAREZ Commission # 1917393 Notary Public - California « " -iM>i r' l^'^S^ County -] ^"^SSB^ My Comm. Expires Jan 13 ?015t Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(|}>whose nam€([S'Ts/^fm>ubscribed to the within instrument and acknowledged to me that he/shre^^J^ executed the same inja«/l^r/(QiiD^ capacity^^^^ and that by hts/b^fi^iii^signatur^ on the instrumental persondD or the entity upon behalf of which the persor© acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of C^ilifornia that the foregoing paragraph is true and correct. Witness my Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages:. Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer(s) Signer's Name:. • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER Top of thumb here 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6827 r r Premium will be adjusted based on fmal contract price Bond No.: 024049081 Premium: $13,464.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of Calrfomia, by Resolution No. 2013- 277. adopted December 3, 2013, has awarded to Portlllo Concrete, Inc. (hereinafter designated as the Trincipar), a Contract for CONTRACT NO. 4012, COASTAL RAIL TRAIL REACH 1 in the City of Carlsbad, in strict confonnity 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 temris thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materiais, provisions, provender or other supplies or teams used In, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Portillo Concrete, Inc., as Principal, (hereinafter designated as the "Contractor"), and The Ohio Casualty Insurance Company aS Surety, are held finnly bound unto the City of Carlsbad In the sum of Nine hundred Ninety Six Thousand Four Hundred Thirty Five Dollars ($996,435), said sum being an amount equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attomey. Its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abkJe 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 specrfied, and in all respects according to their true intent and meaning, and shall indemnrfy and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; othenvise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specrfied therefor, there shall be included costs and reasonable expenses and fees, including reasonable attomey's fees, incunred 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 specrfications 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 temns of the Contract or to the work or to the specrfications. V DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 67 of 178 r In the event that Contractor is an indivkiual, rf is agreed that the death of any such Contractor shall not exonerate the Surety from rfs obligattons under this bond. Executed by CONTRACTOR this _ day of , 20. CONTRACTOR: Portillo Concrete, Inc. Executed by SURETY this December ^ 20_12. dayof (sign here) Mario Portillo SURETY: The Ohio Casualty Insurance Company (name of Surety) 62 Maple Avenue Keene, NH 03431 (address of Surety) 858-450-0582 (print name here) President (Title and Organizatton of Signatory) (telephone number of Surety) By: (sign here) (print name here) ignature of Attomey-in-Fact) Cyndi Beilman, Attomey-in-Fact (printed name of Attomey-in-Fact) (Attach corporate resoiutton showing current power of attomey.) (Titie and Organization of signatory) (Proper notarial acknowledgment of executton by CONTRACTOR and SURETY must be attached.) (Prestolent or vice-president and secretary or assistant secretary must sign for corporations. If only one offtoer signs, the corpoFation must attach a resoiutton certrfied by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporatton.) APPROVED AS TO FORM: CELIA A. BREWER Crty Attomey DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 68 of 178 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego } On Decembers. 2013 Date personally appeared before me, Dana L. Michaeiis. Notary Public Here Insert Name and Title of the Officer Cyndi Beilman Name(s) of Signer{s) DANA L. MICHAELIS f Commission # 1980195 I Notary Public - California z San Dtego County g My Comm. Expires Jun 27, 201 mmmm 'm^m'^f^f^rwrnr^^'^^i^r^ Place Notary Seal AtKJve who proved to me on the basis of satisfactory evidence to be the person(a) whose name(8^ is/ara subscribed to the within instrument and acknowledged to me thatlaaB^she/tli^ executed the same in*ls/her/tKffilr authorized capacity (les), and that by joi6/her/1jg&DKsignature(s) on the instrument the person(8), or the entity upon behalf of which the person(3^ acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my Signature' I and official seal. _ of Notary PuBIic baha L. Michaeiis OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. J296156 Liberty Mutual Insurance Company American Fire and Casualty Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY "^KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized underthe laws Ofthe State of Indiana (herein collectively called the "Companies"), pursuantto and by authority herein set forth, does hereby name, constitute and appoint, Anne Wright: Cyndi Bftilman: Dana Michaeiis . to 0) s c m €§ O <D ® > tin C (0 a» <M <o 2 il o (0 >i- tm 18- (B C > 0) State of CA each individually if there be more than one named, its tme and lawful attomey-in-fact to make, execute, seal, acknowledge all of the city of La Mesa and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 20th dayof September . 2013 . - - . American Fire and Casualty Company . ' - ' , " The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: Gregory W. Davenport, Assistant Secretary STATE OF WASHINGTON ss COUNTY OF KING On this 20th day of September 2013 . before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instmment for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. By: KD Riley , Noti^ Public This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, ani West American Insurance Company which resolutions are now in full force and effect reading as foltows: ARTICLE IV - OFFICERS - Section 12. Power Of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitatton as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporatton to ma*e, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attomey, shaH have full power to bind the Corporatton by their signature and execution of any such instmments and to attach thereto the seal of the Cotporation. When so executed, such instmments shall be as binding as if signed by the Presklent and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chainnan, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitattons as the chainnan or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitattons set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and executton of any such instmments and to attach thereto ttie seal of ttie Company. When so executed such instmments shall be as binding as if signed by ttie president and attested by ttie secret^^ Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attomeys-in-fact as may be necessary to act on behalf of ttie Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and ottier surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, ttie undersigned. Assistant Secretary, of American Fire and Casualty Company, The Ohto Cseualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full, tme and conect copy ofthe Power of Attomey executed by said Compantes, is in fiill force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 6f h day of _IlexLeiiib£iL > 20_L3_. By:. David M. Carey, Assistant Secretary LMS 12873 092012 27 Of 200 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT m STATE OFCALIFORNIA County of San Diego On 12/06/2013 Date } before me, Dolores Alvarez. Notan/ Public Here Insert Name and Title of the Officer personally appeared Tina Portillo and Mario Portillo Name(s) of Signer(s) DOLORES ALVAREZ Commission # 1917393 ^ Notary Public - Califorma z ^^S^^^J San Diego County j j N^l^ Mw Comm. Expires Jan 13.20151 who proved to me on the basis of satisfactory evidence to be the persor^ whose name®)is/^^subscribed to the within instrument and acknowledged to me that he/sbe^^ executed the same in-his/her/tEeiJ^authorized capacity^^S^ and thatlJY Hs/h«f/tSS> signature^ on the instrument the person^^^r the entity upon behalf of which the persoir^ acted, executed the instrument. Place Notary Seal Above 1 certify under the State of C and correct. Witness my han Signature LNALTY OF PERJURY under the laws of lia that the foregoing paragraph is true OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title orType of Document: Document Date: Number of Pages:. Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer(s) Signer's Name:. • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER Top of thumb here > 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for CONTRACT NO. 4012, COASTAL RAIL TRAIL REACH 1 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which othenA/ise 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. V DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 69 of 178 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall Immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name For Contractor: Signature Address _ Title Name For Escrow Agent: Signature Address _ Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 70 of 178 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title MAYOR Name Signature Address For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address V DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 71 of 178 SUPPLEMENTAL PROVISIONS FOR COASTAL RAIL TRAIL REACH 1 CONTRACT NO- 4012 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART1, GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated othenA/ise. 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 othenA/ise. 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 OthenA/ise. 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 othenA/lse 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. j0i^. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 72 of 178 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. Th 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. Principai 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) MTBM Microtunneling Boring Machine NCTD North County Transit District DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 73 of 178 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 BONDS, modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570,". Modify paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the Contract price. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the Contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the Contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the Contract if the Contract exceeds ten million dollars ($10,000,000). Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the 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. ^•r DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 74 of 178 If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 17^,,^ of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by th oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, Supplemental Provisions to SSPWC, project technical specifications, Carisbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, 2012 edition as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of one set of drawings, Drawing No. 476-1. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carisbad Engineering Standards and Carisbad Standard Drawings, as issued by the City of Carisbad and the Carisbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications^ and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be &\ though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, Immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. 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) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Carisbad General Provisions, Technical Specifications, and Supplemental Provisions. J 6) Project Plans/Drawings. ^'•r DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 75 of 178 7) Standards plans. a) City of Carlsbad Standard Drawings. b) Carisbad 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. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 8) Standard Specifications for Public Works Construction, as amended. 9) Reference Specifications. 10) Manufacturer's Installation Recommendations Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2- 5.3.3 and 2-5.3.4, for all materials to be used in the Work, as shown in the plans, specifications, supplemental provisions, contract documents, or bid items. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 15 working days for review of submittals unless othenA/ise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section 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: DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 76 of 178 "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be Included in the various bid items and no additional payment will be made therefor. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent sun/ey 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 Surweyop^^ to establish the location of the monument before it is disturbed. The Contractor shall have th^ monument replaced by the Sun/eyor 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 sun/ey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve othenA/ise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall hire and pay for the sen/ices 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 sun/eying operations and shall personally supen/ise 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 sun/eying required herein to the Engineer within ten days of performing the^ survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound fon'^*^ on 215mm by 280 mm (8V2" by 11") paper. The field notes, calculations and supporting data shall bfe*— clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from eariier DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 77 of 178 sun/eys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, field crew members and preparer of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Sun/ey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Sun/eyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centeriines are permanent survey monuments. The Record of Survey shall show alt 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 sun/ey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. Add the following section: 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater inten/als than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Sun/eyor and inspected and approved by the Engineer before the start of construction in the area marked. Centeriine monument shall have the disk stamped with the date the monument was set and the registration number of the Sun/eyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the Contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked stake Description © Centeriine or Parallel to Centerline Spacing®, ® Lateral Spacing (3), (D Setting Tolerance O/Vitfiin) Street Centerline SDRS M-10 Monument <300m (1000'), Street Intersections, Begin and end of curves, only when shown on the plans on street centerline 7 mm (0.02') Horizontal, also see section 2-9.2.1 herein Clearing Lath in soil, painted line on PCC & AC surfaces lath - Intervisible, < 15m (50') on tangents & < 7.5m (25') on curves, Painted line - continuous at clearing line 0.3 m (1') Horizontal Slope RP -1- Marker Stake Intervisible and < 15m (50') Grade Breaks & <7.6 m (25') 30 mm (0.1') Vertical & Horizontal Fence RP -1- Marker Stake < 60 m (200') on tangents, < 15m (50') on curves when R> 300m (1000') & 7.5m (25') on cun/es when R< 300m (1000') N/A (constant offset) 30 mm (0.1') Horizontal Rough Grade Cuts or Fills > 10 m (33') RP + Marker Stake <15m (50') N/A 30 mm (0.1') Verticals Horizontal Final Grade RP + Marker < 15 m (50') on tangents & curves when R> <6.7 m (22') 10 mm (V) Horizontal V DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 78 of 178 (includes top of: Basement soil, subbase and base) Stake, Blue- top in grading area 300m (1000') & < 7.5m (25') on curves when R< 300m (1000') & 7 mm (V4") Vertical Asphalt Pavement Finish Course RP, paint on previous course < 7.5m (25') or as per the intersection grid points shown on the plan whichever provides the denser information edge of pavement, paving pass width, crown line & grade breaks 10 mm ( V) Horizontal & 7 mm (V4") Vertical Drainage Structures, Pipes & similar Facilities©, ® RP + Marker Stake intervisible & < 7.5m (25'), beginning and end, BC & EC of facilities. Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing). Skewed cut-off lines as appropriate 10 mm (%") Horizontal & 7 mm (V4") Vertical Curb RP -1- Marker Stake < 7.5m (25'), BC & EC, at VaA & ""A on curb retums & at beginning & end (constant offset) 10 mm (%") Horizontal & 7 mm (V4") Vertical Traffic Signal ® Vertical locations shall be based on the ultimate elevation of curb and sidewalk Signal Poles & Controller © RP + Marker Stake at each pole & controller location as appropriate 10 mm (%") Horizontal & 7 mm (V4") Vertical Junction Box © RP + Marker Stake at each junction box location as appropriate 10 mm (V) Horizontal & 7 mm (V4") Vertical Conduit © RP + Marker Stake < 15 m (50') on tangents & curves when R> 300m (1000') & < 7.5m (25') on curves when R < 300m (1000') or where grade < 0.30% as appropriate 10mm(%") Horizontal & when depth cannot be measured from existing pavement 7 mm (74") Vertical Minor Structure © RP -1- Marker Stake + Line Stake for catch basins: at centerline of box, ends of box & wings & at each end of the local depression (D as appropriate 10mm(V) Horizontal & 7 mm (V4") Vertical (when vertical data needed) Abutment Fill RP + Marker Stake + Line Stake < 15 m (50') & along end slopes & conic transitions as appropriate 30 mm (0.1') Verticals Horizontal Wall © RP -1- Marker Stake + Line Point -HGuard Stake < 15 m (50') and at beginning & end of: each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation & wall height as appropriate 7 mm ('/4") Horizontal & 7 mm (V4") Vertical Maior Structure (D Footings, Bents, Abutments & Wingwalls BP -1- Marker Stake + Line Point H-Guard Stake 3 m to 10 m (10' to 33') as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns as appropriate 10 mm (%") Horizontal & 7 mm (V4") Vertical Superstructures RP 3 m to 10 m (10' to 33') sufficient to use string lines, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns as appropriate 10 mm Ck") Horizontal & 7 mm (V4") Vertical Miscellaneous (D Contour Grading © RP + Marker Stake < 15 m (50') along contour line 30 mm (0.1') Verticals Horizontal Utilities ©, ® RP + Marker Stake < 15 m (50') on tangents & cun/es when R> 300m (1000') & < 7.5m (25') on curves when R < 300m (1000') or where grade < 0.30% as appropriate 10mm(^/8") Horizontal & 7 mm (V4") Vertical Channels, Dikes & Ditches © RP + Marker Stake intervisible & < 30 m (100'), BC & EC of facilities, Grade breaks. Alignment breaks, Junctions, Inlets & similar facilities as appropriate 30 mm (0.1') Horizontal & 7 mm (V4") Vertical Signs © RP + Marker Stake + Line Point -t-Guard Stake At sign location Line point 30 mm (0.1') Verticals Horizontal Subsurface Drains © RP -1- Marker Stake intervisible & < 15m (50'), BC & EC of facilities, Grade breaks. Alignment breaks, Junctions, Inlets & similar facilities. Risers & as appropriate 30 mm (0.1') Horizontal S 7 mm (V4") Vertical /"""III DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 79 of 178 similar facilities Overside Drains © RP -1- Marker Stake longitudinal location At beginning S end 30 mm (0.1') Horizontal S 7 mm (V4") Vertical Markers © RP + Marker Stake for asphalt street surfacing < 15 m (50') on tangents S cun/es when R> 300m (1000') S < 7.5m (25') on curves when R < 300m (1000'). At mari<er location(s) 7 mm (V4") Horizontal Railings S Barriers © RP + Marker Stake At beginning S end and < 15 m (50') on tangents S curves when R > 300m (1000') S < 7.5m (25') on cun/es when R < 300m (1000') at railing S barrier location(s) 10 mm (%") Horizontal S Vertical AC Dikes © RP + Marker Stake At beginning S end as appropriate 30 mm (0.1') Horizontal S Vertical Box Culverts 3 m to 10 m (10' to 33') as required by the Engineer, BC S EC, transition points S at beginning S end. Elevation points on footings S at invert as appropriate 10 mm ("/s") Horizontal S 7 mm (V4") Vertical Pavement Markers© RP 60 m (200') on tangents, 15m (50') on cun/es when R > 300m (1000') S 7.5m (25') on curves when R < 300m (1000') For PCC surfaced streets lane cold joints will suffice at pavement marker location(s) 7 mm (V4") Horizontal © Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature ® Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation S inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table (D Perpendicular to centeriine. ® Some features are not necessarily parallel to centeriine but are referenced thereto ® Multi-plane surfaced features shall be staked so as to provide line S grade information for each plane of the feature © > means greater than, or equal to, the number following the symbol. < means less than, or equal to, the number following the symbol. ® The cut datum for storm drainage S sanitary sewer pipes S similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless othenA/ise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(B) TABLE 2-9.2.2(B) Survey Stake Color Code for Construction Staking Type of Stake Description Color* Horizontal Control Coordinated control points, control lines, control reference points, centeriine, alignments, etc. White/Red Vertical Control Bench marks White/Orange Clearing Limits of clearing Yellow/Black Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final grade, etc. Yellow Structure Bridges, sound and retaining walls, box culverts, etc. White Drainage, Sewer, Curb Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, stomn drains, slope protection, curbs, gutters, etc. Blue Riqht-of-Wav Fences, R/ W lines, easements, propertv monuments, etc. White/Yellow Miscellaneous Signs, railings, barriers, lighting, etc. Orange Flagging and marking cards, if used. Add the following section: 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2- 9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made therefor. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees therefor, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefor. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 80 of 178 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 c^^} all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer * may request. Add the following section: 2- 10.2 Audit and Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this coritract. At any time during nonnal 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 CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for detemiining 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 DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 81 of 178 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to Contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the Caiifornia 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. V DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 82 of 178 It is the intention of this section that differences between the parties arising under and by virtue of the Contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Senior Inspector 3. Principal Inspector 4. Public Works Director 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present Its report. When additional infonnation or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which tb'''^ 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 othenA/ise expressly provided for or the claimant is n otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. 0 DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 83 of 178 (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 othenA/ise provided by Contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever Is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for ail civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no eariier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 84 of 178 (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to an)^ proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. ^ (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de 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 othenA/ise 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 Materiais, 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 oth^ft»^ reason it shall be rejected, not incorporated into the work and shall be removed from the project site i at the Contractor's expense. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 85 of 178 Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 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 othenA/ise 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 sun/ey 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 DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 86 of 178 V shall be constructed by the Contractor immediately following the relocation of the utility involved unless OthenA/ise directed by the Engineer. 5-6 COOPERATION. y^m^ '^>iiiiiiii#' Add the following: The Contractor shall allow utility workers to access the site during construction in order to identify, relocate, or maintain utilities in the vicinity of the project. SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following: Except as othenA/ise provided herein and unless OthenA/ise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 7 (seven) calendar days after receipt of the "Notice to Proceed". Add the following section: 6-1.1 Pre-Construction Meeting. After, or upon, notification of Contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Add the following section: 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baselin^^l Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline^ Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media. Add the following section: 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the Contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. Add the following section: 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing ail of the activities, logic relationships, and milestones comprising the schedule. Add the following section: 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the Identification number, the description, the duration, the early start, the early finish, the late start, the lat*'^ finish, the total float, and all predecessor and successor activities for the activity described. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 87 of 178 Add the following section: 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Add the following section: 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 95 compatible "Suretrak" program by Primavera or "Project" program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a 89 mm (3.5") data disk with all network information contained thereon, in a format readable by a Microsoft Windows 95 system. The Agency will use a "Suretrak", "Projecf or equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than the "Suretrak" program by Primavera or "Projecf program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 Faraday Avenue, Carisbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. Add the following section: 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. Add the following section: 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. Add the following section: 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. Add the following section: 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified Contract duration will not be acceptable and will be grounds for determination of default by Contractor, per section 6-4. Add the following section: 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than Contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 88 of 178 Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a Contract change order revising the project duration and implementing all contractua'^»'H requirements including liquidated damages in accordance with the revised duration. Add the following section: 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's detennination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the Contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per sections 6-1.2.10.1 through 6-1.2.10.3. Add the following section: 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1. Add the following section: 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upc^^^ issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per section 6-1.8.1. Add the following section: 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the Contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. Add the following section: 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confinning the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media per the submittal requirements of section 2-5.3 and will include each item and element of sections 6-1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7. Add the following section: 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during..^ the month. After first reporting an actual date, the Contractor shall not change that actual date in lat*^^ updates without specific notification to the Engineer with the update. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 89 of 178 V Add the following section: 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. Add the following section: 6-1.3.3 Electronic Media. The schedule data disk shall be a 89 mm (SV/) high density diskette, labeled with the project name and number, the Contractor's name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in section 6-1.2.4 "Schedule Software" and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. Add the following section: 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. Add the following section: 6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. Add the following section: 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Add the following section: 6-1. 4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 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 DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 90 of 178 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 contractually required milestone date later than the properiy adjusted Contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. Add the following section: 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of section 2-5.3 and per the schedule review and acceptance requirements of section 6-1, including but not limited to the acceptance and payment provisions. As used in this subsection "substantially differenf means a time variance greater than 5 percent of the number of days of duration for the project. Add the following section: 6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per section 9-3.2. Add the following section: 6-1.8 Measurement and Payment. Construction Schedule will be paid for at the stipulated lump sum price of five thousand dollars ($5,000). The stipulated lump sum price paid for Construction Schedule shall include full compensation for furnishing all labor, materials including, but not limited to, the computer hardware and software, tools, equipment, and incidentals; and for doing all the work involved in attending meetings, preparing, furnishing, updating, revising the tabular, bar and flow chart Construction Schedules and narrative reports required by these supplemental provisions and as directed by the Engineer. The Engineer's determination that each and any construction schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be precedent to each and any payment for the Construction Schedule. Payments for Construction Schedule will be made as per sections 6-1.8.1 through 6-1.8.3. Add the following section: 6-1.8.1 Initial Payment. One thousand dollars ($1,000) of the stipulated lump sum price for the Construction Schedule will be made when the Engineer has accepted a Construction Schedule for this project. Add the following section: 6-1.8.2 Monthly Updated Construction Schedule Payments. Monthly Updated Construction Schedule Payments of one thousand dollars ($1,000) will be made subsequent to the initial payment for the Construction Schedule for each monthly Construction Schedule, updated as required herein, that the Engineer has accepted as sufficient within the month that the monthly progress payment pertains. No payment shall be made, nor shall any payment accrue, for any monthly updated constructiq^i^ schedule that is not marked "Accepted" by the Engineer on or before the twentieth working day of tK.^ month such monthly updated construction schedule is due per section 6-1.3 Preparation of Schedule Updates and Revisions. The sum of the amounts paid for Construction Schedule during the initial and DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 91 of 178 V subsequent payment periods, or extensions to the contract, shall not exceed the stipulated lump sum price for Construction Schedule. 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 contract documents and supplemental provisions. The Contractor shall adhere to the conditions and requirements in the US Fish and Wildlife Sen/ice letter dated September 4, 2013, including, but not limited to, the following: The Contractor shall develop and implement a weed prevention program to minimize and prevent the importation and spread of non-native plant material. The Contractor must temporarily install erosion and sediment control devices at the limits of grading to prevent the spread of silt from the construction zone into adjacent habitat areas. Erosion and sediment control devices, including fiber rolls and bonded fiber matrix, will be made from biodegradable materials such as jute, with no plastic mesh, to avoid creating a wildlife entanglement. The Contractor must temporarily install a three to five-foot tall exclusionary fence with maximum of 2- inch mesh openings along the boundary between all Work areas (not just grading) and the adjacent habitat areas and environmentally sensitive areas. All vegetation removal and aradina activities must be completed bv March 31. 2014. Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. Each Project Meeting shall be attended by the Contractor's Representative. The Project Representative shall be the individual determined under section 7-6, "The Contractor's Representative", SSPWC. No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 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 othenA/ise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 60 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless othenA/ise approved in writing by the Engineer, the hours of work shall be between the hours of 8:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 92 of 178 V work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. Per Resource Aqencv conditions, all veaetation removal and aradina must be completed bv March 3 2014. 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 addr^ the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due It, the sum of one thousand Dollars ($1,000). Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR 7- 3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet thg^ requirement for workers' compensation insurance. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 93 of 178 7-5 PERMITS. Delete the first sentence and add the following four sentences: The Contractor shall obtain a right of way permit from Oceanside for the work in Oceanside. The Contractor will obtain a haul route permit and right of way permit from Carlsbad for the work in Carisbad. Except as specified herein, the City will obtain, at no cost to the Contractor, resource agency and building permits necessary to perform work for this Contract on City property and in public streets. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. Add the following section: 7-5.1 Resource Agency Permits. Resource agency permits for the Work are included in Appendices to these supplemental provisions. Resource agency permits pertaining to this project include: 1) California Coastal Commission permit number 6-12-087 issued on March 7, 2013. 2) United States Fish and Wildlife Service Section 7 letter issued on September 4, 2013. 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. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. Contractor shall conduct and schedule operations so as to minimize or avoid muddying and silting of channels, drains, and waters. Water pollution control work shall consist of constructing Best Management Practice's (BMP's) which may be required to provide prevention, control, and abatement of water pollution in accordance with the City Standard Urban Storm Water Management Plan (SUSMP), latest edition. Although the construction activities are not subject to statewide construction permit (less than 1-acre), the Contractor shall prepare a City Storm Water Pollution Prevention Plan (SWPPP) for the project. Based on City thresholds, Contractor shall apply for a Tier 2 City SWPPP. A model Tier 2 SWPPP is available for the Contractor to use in preparing the Project SWPPP for approval by the City. The Contractor shall be responsible for the preparation and implementation of the SWPPP and DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 94 of 178 coordination with the City and the Regional Water Quality Control Board. All costs for preparing and implementing the City SWPPP and coordination with the City and the Regional Water Quality Control Board, if any, shall be included as part of the contract price bid. 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. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless othenA/ise authorized, traffic shall be permitted to pass through the Work as per an approved Traffic Control Plan. At least one lane shall be open to public traffic in each direction at all times. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; sen/ice stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless othenA/ise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at inten/als not exceeding 90 m (300 feet), shall be maintained unless othenA/ise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, th**-% Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. The Work shall be conducted by the Contractor in a manner to provide a satisfactory surface for traffic. Unless OthenA/ise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling Coast Waste Management at (760) 929-9417. During operations, the Contractor's schedule for resurfacing shall be designated to provide residents and business owners sufficient paved parking within an 800 foot distance from their homes or businesses. Public Notification of Work: See Section 302-4.4 "Public Convenience and Traffic Control" for details about the notification letter to residences and businesses which is required to be mailed at least 2 weeks prior to the work. In addition to the two-week notification letter, a 72-hr notification shall be given to all residences and businesses on the affected street. 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 DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 95 of 178 V disruption to all residences and/or businesses on the affected street or alley. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified in person. 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 Ib. card stock. The printing on the notice shall be no smaller than 12 point. In addition to the notifications, the contractor shall post "No Parking" signs 72 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 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the "No Parking" signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the Contractor's bid and will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs forthe above requirements. 7-10.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following : 1) The Engineer (760)602-2780 2) Carlsbad Fire Department Dispatch (760) 931-2197 3) Carlsbad Police Department Dispatch (760)931-2197 4) Carlsbad Traffic Signals Maintenance (760) 438-2980 X-2937 5) Carisbad Traffic Signals Operations (760) 438-1161 X4500 6) North County Transit District (760) 743-9346 7) Coast Waste Management (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 96 of 178 The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shalt also apply to the street closures barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans. The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2012 Revision 1, as amended for use in California) and these 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 210-1.6for materials and section 310-5 et seq. For workmanship. Warning an^**%, advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warnin^ 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. Waming and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the travelling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 180 mm (7") long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 1.8 m (6') of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 7.6 m (25') inten/als 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 wher§,„^^ directed by the Engineer. Add the following section: DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 97 of 178 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 distance from any traffic or pedestrians. During the entire project, a minimum of 1 paved traffic lane, not less than 12' wide, shall be open for use by public traffic in each direction of travel. 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, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2012 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these 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 California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2012 as amended for use in California) published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centeriine pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be perfonned 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, the Contractor shall have a TCP prepared and submitted as a part of the Work for any DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 98 of 178 and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of Section 2-5.3, et seq. and obtain thp-^ Engineer's approval of the TCP prior to implementing them. The minimum 20-day review peric 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, cun/e radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical cun/es must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2012, as amended for use in California) as published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals. Add the following section: 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefore. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and materials for portable concrete barriers will be paid as included in "Traffic Control" bid item and no additional payment will be made therefore. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this worir include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 99 of 178 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 Carisbad, 1635 Faraday Avenue, Carisbad, 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 Contracf 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 OthenA/ise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the employees in question. The U.S. Department of Transportation (DOT) provides a toll-free "hotline" sen/ice to report bid rigging activities. Bid rigging activities can be reported Mondays through Fridays, between 8:00 a.m. and 5:00 p.m.. Eastern Time, Telephone No. 1-800-424-9071. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report these activities. The "hotline" is part of the DOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. Add the following section: 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 than 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. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 100 of 178 5. Excavations in 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^ obstacle together with a protective system, such as a sign structure together with protectivt 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 OthenA/ise 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 B11-30 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 OJ«*^ equipment is operated in the following work areas, the Contractor shall close the adjacent traffic lanv unless OthenA/ise provided in the Standard Specifications and these special provisions: Approach Speed of Public Traffic (Posted Limit) (Kilometers Per Hour) Work Areas 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 pennanent or temporary railing or barrier. When traffic cones or delineators are used to delineate a temporary edge of a traffic lane, the line of cones or delineators shall be considered to be the edge of the traffic lane, however, the Contractor shall not reduce the width of an existing lane to less than 3 m without written approval from the Engineer. When work is not in progress on a trench or other excavation that required closure of an adjacent lane, the traffic cones or portable delineators used for the lane closure shall be placed off of and adjacent to the edge of the traveled way. The spacing of the cones or delineators shall be not more than the spacing used for the lane closure. Suspended loads or equipment shall not be moved nor positioned over public traffic or pedestrians. Full compensation for conforming to the provisions in this section "Public Safety," including furnishing and installing temporary railing (Type K) and temporary crash cushion modules, shall be considered as included in the Contract prices paid for the various items of work involved and no additional compensation will be allowed therefor. Add the following section: 7-18 BUY AMERICA REQUIREMENTS. ~ Attention is directed to the "Buy America" requirements r"*> the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surfacbw^ Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a), and the regulations V DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 101 of 178 adopted pursuant thereto. In conformance with the law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and other coating that protects or enhances the value of steel or iron materials shall be considered a manufacturing process subject to the "Buy America" requirements. A Certificate of Compliance, conforming to the provisions in Section 6-1.07, "Certificates of Compliance," of the Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall specifically certify that all manufacturing processes for the materials occurred in the United States, except for the above exceptions. The requirements imposed by the law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of the materials used does not exceed one-tenth of one percent (0.1 percent) of the total Contract cost or $2,500, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of the foreign steel and iron prior to incorporating the materials into the work. Add the following section: 7-19 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES. - When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and report the condition to the Engineer in writing. In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be perfonned 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. 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 V DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 102 of 178 Maintain records including: 1. Name and business address of each 1 st-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 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 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. Add the following section: 7-22 PERFORMANCE OF DISADVANTAGED BUSINESS ENTERPRISES DBEs must perform work or supply materials as listed in the Local Agency Bidder DBE Commitment (Construction Contracts), Exhibit 15-G, included in the Bid. Do not terminate or substitute a listed DBE for convenience and perform the work with your own forces^ or obtain materials from other sources without authorization from the Agency. The Agency authorizes a request to use other forces or sources of materials if it shows any of the following justifications: 1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project. 2. You stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet your bond requirements. 3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law. 4. Listed DBE fails or refuses to perform the work or furnish the listed materials. 5. Listed DBE's work is unsatisfactory and not in compliance with the contract. 6. Listed DBE is ineligible to work on the project because of suspension or debarment. 7. Listed DBE becomes bankrupt or insolvent. 8. Listed DBE voluntarily withdraws with written notice from the Contract 9. Listed DBE is ineligible to receive credit for the type of work required. 10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract. 11. Agency determines other documented good cause. Notify the original DBE of your intent to use other forces or material sources and provide the reason^^ Provide the DBE with 5 days to respond to your notice and advise you and the Agency of the reaso^^l why the use of other forces or sources of materials should not occur. Your request to use other forcesr*^ or material sources must include: DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 103 of 178 V 1. 1 or more of the reasons listed in the preceding paragraph 2. Notices from you to the DBE regarding the request 3. Notices from the DBEs to you regarding the request If a listed DBE is terminated, make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet the DBE goal. The substitute DBE must be certified as a DBE at the time of request for substitution. Unless the Agency authorizes (1) a request to use other forces or sources of materials or (2) a good faith effort for a substitution of a terminated DBE, the Agency does not pay for work listed on the Local Agency Bidder DBE Commitment (Construction Contracts), Exhibit 15-G, form unless it is performed or supplied by the listed DBE or an authorized substitute. 7-23 SUBCONTRACTING No subcontract releases the Contractor from the contract or relieves the Contractor of their responsibility for a subcontractor's work. If the Contractor violates Pub Cont Code § 4100 et seq., the City of Carisbad may exercise the remedies provided under Pub Cont Code § 4110. The City of Carlsbad may refer the violation to the Contractors State License Board as provided under Pub Cont Code § 4111. 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. Each subcontract must comply with the contract. 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.). Submit copies of subcontracts upon request by the Engineer. Before subcontracted work starts, submit a Subcontracting Request form. Do not use a debarred contractor; a current list of debarred contractors is available at the Department of Industrial Relations' Web site. 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 10 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 10 days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies othenA/ise 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. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 104 of 178 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 regula!**% incremental acceptances of portions, as determined by the agency, of the contract work, and pa^ / retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies othenA/ise 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 8- 1 GENERAL. 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 th '^"^ U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion" 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on Contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, thr City shall make payments within thirty (30) days after receipt of an undisputed and properly submittec supplemental payment request from the Contractor. If payment of the undisputed supplemental DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 105 of 178 V payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the Contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all Contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this Contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the will not be included in the progress estimate. DBE—04/17/13 ContractNo. 4012 Coastal Rail Trail Reach 1 Page 106 of 178 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 considered part of "Mobilization." 9-3.4.1 Mobilization and Preparatory Work. The Contract lump-sum price paid for "Mobilization" sht include full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be perfonned or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and preparatory work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and preparatory work. Progress payments for "Mobilization" will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization and preparatory work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for Mobilization and preparatory work will be allowed therefore. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, Supplemental Provisions, Specifications, or standard plans and specifications per Section 2-5 of this contract 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 th^^ work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigatic systems, and vegetation at his expense. Mobilization (Bid Item No. A-1) Lump Sum The contract price paid for this bid item shall constitute full compensation for mobilization and preparatory work in accordance with the specifications and contract documents. This bid item shall include temporary fencing around equipment staging areas and materials stockpiling areas for the duration of the project. This temporary fencing shall be at least 6 feet high and opaque to block views. Construction Schedule (Bid Item A-2) Lump Sum The contract price paid for this bid item shall constitute full compensation for construction scheduling in accordance with the specifications and contract documents. Surveying and Construction Staking (Bid Item A-3) Lump Sum The contract price paid for this bid item shall constitute full compensation for surveying and construction staking in accordance with the plans, specifications and contract documents. Clearing and grubbing (Bid Item A-4) Lump Sum The contract price paid for this bid item shall constitute full compensation for clearing and grubbing in accordance with the plans, specifications, and contract documents, including but not limited to, removal and disposal of debris and other materials removed as part of clearing and grubbing. Demolition of Existing Improvements (Bid Item A-5) Lump Sum The contract price paid for this bid item shall constitute full compensation for demolition of existin^i improvements in accordance with the specification and contract documents. This bid item includes, b is not limited to, removal and disposal oif debris and other materials removed as part of this bid item. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 107 of 178 V Erosion Control per City SWPPP and BMPs (Bid Item A-6) Lump Sum The contract price for this bid item shall constitute full compensation to meet storm water requirements with best management practices (BMPs) and erosion control measures as outlined in the Storm Water Standards Manual which includes preparation of a City Storm Water Pollution Prevention Plan. This \, bid item includes, but is not limited to, implementation, maintenance, management and compliance of erosion control activities and BMPs per the City Storm Water Pollution Prevention Plan (SWPPP). Traffic Control (Bid Item A-7) Lump Sum The contract price for this bid item shall constitute full compensation for ali traffic control, traffic control plans and public notification in Oceanside and Carisbad in accordance with the plans, specifications, and contract documents. This include, but is not limited to, preparation and reproduction of traffic control plans, implementing traffic control, signing, striping, flagging operations, arrow boards, resident notification letters, door hanger, installation, maintenance, and removal of cones, delineators, advanced warning signs, barricades, flagmen, temporary traffic stripe application and sandblasted removal, traffic rerouting and "NO PARKING" signs. Temporary Orange Construction Fencing (3'-5' High with Maximum 2" Mesh Opening). Fencing Shall Clearly Delineate the Edge of the Work and Environmentally Sensitive Areas Beyond (Bid items A-8) Lineal Feet The contract unit price paid for this item shall constitute full compensation to furnish, install, and ultimately remove the temporary construction fencing in accordance with the plans, specifications, and contract documents. Import (Bid Item A-9) Cubic Yards The contract unit price paid for this item shall constitute full compensation to import material and compact as necessary to meet proposed grades and in accordance with the plans, specifications, and contract documents, including the soils report prepared by Ninyo & Moore, titled 'Geotechnical Evaluation: Coastal Rail Trail Roundabout', and dated July 26, 2012. Unclassified Cut/Fill (Bid Item A-10) Cubic Yards The contract unit price paid for this item shall constitute full compensation to move soil and compact as necessary to meet proposed grades and in accordance with the plans, specifications, and contract documents, including the soils report prepared by Ninyo & Moore, titled 'Geotechnical Evaluation: Coastal Rail Trail Roundabout', and dated July 26, 2012. Install 24" Precast Area Drain per Detail 5 on Sheet 6 (Bid Item A-11) Each The contract unit price paid for this item shall constitute full compensation to furnish and install 24" Precast Area Drain per Detail 5 on Sheet 6 and in accordance with the plans, specifications, and contract documents. Modify Existing Inlet per Improvements shown on Sheet 15 (Bid item A-12) Each The contract unit price paid for this item shall constitute full compensation to modify the existing inlet per Sheet 15 and in accordance with the plans, specifications, and contract documents. Furnish and Install Type A-4 Cleanout per SDRSD D-9 (Bid Item A-13) Each The contract unit price paid for this item shall constitute full compensation to Furnish and Instail Type B-1 Curb Inlet per SDRSD D-2 (L=14') (Bid Item A-14) Each The contract unit price paid for this item shall constitute full compensation to furnish and install Type B- 1 Curb Inlet per SDRSD D-2 and in accordance with the plans, specifications, and contract documents. Furnish and Install Type J Median Inlet per SDRSD D-45 (Bid Item A-15) Each The contract unit price paid for this item shall constitute full compensation to furnish and install Type J Median Inlet per SDRSD D-45, Sheet 14, and in accordance with the plans, specifications, and contract documents. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 108 of 178 Furnish and Install Type A Reverse Curb Outlet per SDRSD D-25 (Bid Item A16) Each The contract unit price paid for this item shall constitute full compensation to furnish and install Type A Reverse Curb Outlet per SDRSD D-25 and in accordance with the plans, specifications, and contrap^ documents. Furnish and install Concrete Lug (Connect to Ex. 48" R.C.P) per SDRSD D-63 (Bid Item A-17) Each The contract price paid for this bid item shall constitute full compensation to furnish and install concrete lug connection per SDRSD D-63 in accordance with the plans, specifications, and contract documents. Connect to Existing 8" PVC Storm Drain with Wye Connection (Bid item A-18) Each The contract price paid for this bid item shall constitute full compensation to furnish and install 8" wye connection to existing 8" PVC pipe per Sheet 14 and in accordance with the plans, specifications, and contract documents. Furnish and Install Winged Headwall per SDRSD D-34 (Bid Item A-19) Each The contract price paid for this bid item shall constitute full compensation to install/construct winged headwall as shown on Sheet 14 and in accordance with the plans, specifications, and contract documents. Furnish and Instail Rip-Rap Energy Dissipator per SDRSD D-40 (Bid Item A-20) Cubic Yards The contract price paid for this bid item shall constitute full compensation to install/construct the rip-rap energy dissipater per SDRSD D-40, Sheet 14, and in accordance with the plans, specifications, and contract documents. Furnish and Install 8" PVC Storm Drain (Bid Item A-21) Lineal Feet The contract price paid for this bid item shall constitute full compensation to furnish and install 8" PV^*^ storm drawn per Sheet 14 and in accordance with the plans, specifications, and contract documents. , Furnish and Install 18" RCP Storm Drain (Bid Item A-22) Lineal Feet The contract price paid for this bid item shall constitute full compensation to furnish and install 18" RCP per Sheet 14 and in accordance with the plans, specifications, and contract documents. Furnish and Install 24" RCP Storm Drain (Bid Item A-23) Lineal Feet The contract price paid for this bid item shall constitute full compensation to furnish and install 24-inch reinforced concrete pipe in accordance with the plans, specifications, and contract documents. Emulsion Aggregate Slurry Seal Type 1 with Polymer Modifier (3%) (Bid Item A-24) Square Feet The contract price paid for this bid item shall constitute full compensation to provide polymer modified emulsion aggregate slurry seal Type 1 in accordance with the plans, specifications, and contract documents. 2" AC Cold Mill and Replacement with Hot Mix Asphalt (HMA) (Areas to be Determined by the Engineer) (Bid Item A-25) Square Feet The contract price paid for this bid item shall constitute full compensation to provide 2-inch depth cold mill and replace with HMA in accordance with the plans, specifications, and contract documents. Crack Filling (Areas to be Determined by the Engineer) (Bid Item A-26) Lineal Feet The contract price paid for this bid item shall constitute full compensation to provide crack filling in accordance with the plans, specifications, and contract documents. install 4" AC Pavement Section (10' Wide Bike Path) (Bid Item A-27) Tons ^ The contract unit price paid for this bid item shall constitute full compensation to provide typicar* pavement section for the proposed 10' wide bike path in accordance with the plans, specifications, and DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 109 of 178 contract documents. For proposed pavement areas, subgrade shall be scarified to a depth of 12"; moisture conditioned to near optimum moisture content and compacted to relative compaction of 95%. Install 6" AB Pavement Section (10' Wide Bike Path) (Bid Item A-28) Tons The contract unit price paid for this bid item shall constitute full compensation to provide typical pavement section for the proposed 10' wide bike path in accordance with the plans, specifications, and contract documents. For proposed pavement areas, subgrade shall be scarified to a depth of 12"; moisture conditioned to near optimum moisture content and compacted to relative compaction of 95%. Instail 4" AC Pavement Section (Bid Item A-29) Tons The contract unit price paid for this item shall constitute full compensation to provide the typical pavement section in accordance with the plans, specifications, and contract documents. For proposed pavement areas, subgrade shall be scarified to a depth of 12"; moisture conditioned to near optimum moisture content and compacted to relative compaction of 95%. Install 10" AB Pavement Section (Bid Item A-30) Tons The contract unit price paid for this item shall constitute full compensation to provide the typical pavement section in accordance with the plans, specifications, and contract documents. For proposed pavement areas, subgrade shall be scarified to a depth of 12"; moisture conditioned to near optimum moisture content and compacted to relative compaction of 95%. Install 4" AC Pavement Section (Home Plant Lift Station) (Bid Item A-31) Tons The contract unit price paid for this item shall constitute full compensation to provide the typical pavement section in accordance with the plans, specifications, and contract documents. For proposed pavement areas, subgrade shall be scarified to a depth of 12"; moisture conditioned to near optimum moisture content and compacted to relative compaction of 95%. install 10" AB Pavement Section (Home Plant Lift Station) (Bid Item A-32) Tons The contract unit price paid for this item shall constitute full compensation to provide the typical pavement section in accordance with the plans, specifications, and contract documents. For proposed pavement areas, subgrade shall be scarified to a depth of 12"; moisture conditioned to near optimum moisture content and compacted to relative compaction of 95%. Sawcut Existing Pavement per Detail 3 on Sheet 6 (Bid Item A-33) Lineal Feet The contract unit price paid for this item shall constitute full compensation to sawcut the existing pavement per detail 3 on Sheet 6 and in accordance with the plans, specifications, and contract documents. Construct 2' Wide Modified 8" PCC Median Curb Per SDRSD G-6, Type B-3. See Detail 1 on Sheet 6 (Bid Item A-34) Lineal Feet The contract unit price paid for this item shall constitute full compensation to furnish/ install/ construct 2' Wide, Type 60 barrier per Detail 1 on Sheet 6 and in accordance with the plans, specifications, and contract documents. Construct 2' Wide Modified 8" Median Curb per SDRSD G-6, Type B-1. See Detail 2 on Sheet 6 (Bid Item A-35) Lineal Feet The contract price for this bid item shall constitute full compensation to install modified median per SDRSD G-6 (Type B-1) and in accordance with the plans, specifications, and contract documents. Construct 2' wide Modified Combination Median Curb per SDRSD G-6, Type B-1 / 8" Curb & Gutter per SDRSD G-2. See Detail 3 on Sheet 6 (Bid Item A-36) Lineal Feet The contract price for this bid item shall constitute full compensation to install modified median and curb and gutter in accordance with the plans, specifications, and contract documents. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 110 of 178 Construct Curb and Gutter per SDRSD G-2, Type G (Bid Item A-37) Lineal Feet The contract price for this bid item shall constitute full compensation to install curb and gutter per SDRSD G-2 (Type G) and in accordance with the plans, specifications, and contract documents. Construct 6" Median Concrete Curb per City of Carlsbad Standard DWG. GS-18 (Bid Item A-31 Lineal Feet The contract unit price paid for this item shall constitute full compensation to install/ construct 6" median concrete curb per City of Carlsbad Standard Drawing GS-18 and in accordance with the plans, specifications, and contract documents. Concrete Median Paving (12" Maintenance Band) (Bid Item A-39) Lineal Feet The contract unit price paid for this item shall constitute full compensation to install concrete median paving in accordance with the plans, specifications, and contract documents. Construct 6" Rolled Curb per Detail 6 on Sheet 6 (Bid Item A-40) Lineal Feet The contract price for this bid item shall constitute full compensation to install 6" rolled curb per detail 6 on sheet 6 in accordance with the plans, specifications, and contract documents. Construct 6" Wide Mow Curb per Detail 4 on Sheet 6 (Bid item A-41) Lineal Feet The contract price for this bid item shall constitute full compensation to install 6" wide mow curb per detail 4 on sheet 6 in accordance with the plans, specifications, and contract documents. Construct 8" Thick Concrete Truck Apron (Bid Item A-42) Square Feet The contract unit price paid for this item shall constitute full compensation to provide the typical truck apron pavement section in accordance with the plans, specifications, and contract documents. Beneath truck apron areas, subgrade shall be scarified to a depth of 12", moisture conditioned to near optimum moisture content and compacted to relative compaction of 95%. Construct 4" Thick Concrete Sidewalk per SDRSD G-7 and G-9 (Bid Item A-43) Square Feet The contract unit price paid for this item shall constitute full compensation to install 4" thick concrete" sidewalk per SDRSD G-7 and G-9 in accordance with the plans, specifications, and contract documents. Construct 4" Thick Concrete Sidewalk (At-Grade) (Bid Item A-44) Square Feet The contract unit price paid for this item shall constitute full compensation to install 4" thick concrete sidewalk (at-grade) per SDRSD G-7 and G-9 in accordance with the plans, specifications, and contract documents. Construct Bike Ramps (Bid Item A-45) Each The contract unit price paid for this item shall constitute full compensation to construct bike ramps in accordance with the plans, specifications, and contract documents. Construct Curb Ramps with Raised Truncated Domes per SDRSD G-27 and G-30 and City of Carlsbad Standard DWG. GS-32 (Bid Item A-46) Each The contract unit price paid for this item shall constitute full compensation to construct curb ramps with raised truncated domes per SDRSD G-27 and G-30, City of Carisbad Standard Drawing GS-32, and in accordance with the plans, specifications, and contract documents. Construct Curb Ramps with Raised Truncated Domes per SDRSD G-29 and G-30 and City of Carisbad Standard DWG. GS-32 (Home Plant Lift Station) (Bid Item A-47) Each The contract unit price paid for this item shall constitute full compensation to construct curb ramps with raised truncated domes per SDRSD G-27 and G-30, City of Carisbad Standard Drawing GS-32, and iri accordance with the plans, specifications, and contract documents. V DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 111 of 178 Furnish and Install Truncated Domes (2'X3') (Within refuge area of RBT islands) (Bid Item A-48) Each The contract unit price paid for this item shall constitute full compensation to furnish and install truncated dome plate (2'x3') in accordance with the plans, specifications, and contract documents. Remove and Relocate Existing Concrete Monument Sign to Location Determined by City of Carlsbad with New Footing/Base (Bid Item A-49) Each The contract unit price paid for this item shall constitute full compensation to relocate the existing concrete monument sign which is currently located at the intersection of State St and Carlsbad Blvd. This bid item shall include, but not be limited to, removal and disposal of existing concrete footing, transporting existing monument to a new location selected by the City, excavating for new footing, pouring a new concrete footing, and installing the monument on its new footing. Furnish and Instail 1 Gallon Shrub (Bid Item A-50) Each The contract unit price paid for this item shall constitute full compensation to furnish and install 1 gallon shrub in accordance with the plans, specifications, and contract documents. Furnish and Install 5 Gailon Shrub (Bid Item A-51) Each The contract unit price paid for this item shall constitute full compensation to furnish and install 5 gallon shrub in accordance with the plans, specifications, and contract documents. Soil Preparation, Fine Grading, and Fertilizer (Bid Item A-52) Square Feet The contract unit price paid for this item shall constitute full compensation to prepare, fine grade and fertilize in accordance with the plans, specifications, and contract documents. Import Class A topsoil in median planting areas (Bid Item A-53) Cubic Yard The contract unit price paid for this item shall constitute full compensation to import Class A topsoil in median planting areas in accordance with the plans, specifications, and contract documents. Furnish and Install Bark Mulch (3" depth) (Bid Item A-54) Square Feet The contract unit price paid for this item shall constitute full compensation to furnish and install bark mulch (3" deep) in accordance with the plans, specifications, and contract documents. Maintenance and Plant Establishment Period (Bid Item A-55) Lump Sum The contract price paid for this item shall constitute full compensation to maintain all planted areas on a continuous basis through the 90 day maintenance and plant establishment period and in accordance with the plans, specifications, and contract documents. Furnish and Install Irrigation System (Bid Item A-56) Square Feet The contract unit price paid for this item shall constitute full compensation to furnish and install the proposed irrigation system in accordance with the plans, specifications, and contract documents. Furnish and Install Irrigation Controller with Enclosure (Bid Item A-57) Lump Sum The contract unit price paid for this item shall constitute full compensation to furnish and install the irrigation controller with enclosure in accordance with the plans, specifications, and contract documents. Existing Striping Removal (Bid Item A-58) Lump Sum The contract unit price paid for this item shall constitute full compensation to remove the existing striping in accordance with the plans, specifications, and contract documents. All striping shall be removed prior to slurry seal application. Signing (Bid Item A-59) Lump Sum The contract unit price paid for this item shall constitute full compensation to furnish and install signage in accordance with the plans, specifications, and contract documents. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 112 of 178 Striping and Pavement Markings per Plans and Specs (Bid Item A-60) Lump Sum The contract unit price paid for this item shall constitute full compensation to furnish and install all striping, thermoplastic, pavement markings, legends, and reflective pavement markers in accordance^r^,, with the plans, specifications, and contract documents with the exception of Bid Items A-62 and A-63. Furnish and Install FG 300 Model EFX Channelizer Posts (White) with Reflective Tape, Spaces 2' O.C. (Bid Item A-61) Each The contract unit price paid for this item shall constitute full compensation to furnish and install white Channelizer Posts with reflective tape in accordance with the plans, specifications, and contract documents. Green Paint (40" Wide) (Bid Item A-62) Lineal Feet The contract unit price paid for this item shall constitute full compensation to furnish and install green paint (40" wide) in accordance with the plans, specifications, and contract documents. Sharrows Legend (Bid Item A-63) Each The contract unit price paid for this item shall constitute full compensation to furnish and install the sharrows legend per Detail B on Sheet 20. Legend is to be installed over green paint (Bid Item A-52) in accordance with the plans, specifications, and contract documents. Remove and Reinstall Salvaged Street Light, with New Concrete Footing, Pullbox, Conduit with Wiring per City Street Lighting Standards (Bid Item A-64) Each The contract unit price paid for this item shall constitute full compensation to remove and reinstall existing street light, with new concrete footing, pullbox and conduit (with wiring) per City of Carisbad Street Lighting Standards and in accordance with the plans, specifications, and contract documents. Install New Evolve LED (49W) Post Top Avery Street Dreams (EPAS 05DA41B2A) Black Street ^ Light with Matching Black Pole (H=13'), with Concrete Footing, Contractor to Furnish & Install Pullbox & Conduit with Wiring (Bid Item A-65) Each The contract unit price paid for this item shall constitute full compensation to furnish and install new street light, pullbox and conduit with wiring per SDG&E regulations. City of Carisbad Street Lighting Standards, and in accordance with the plans, specifications, and contract documents. Install Pull box and Conduit Run to Electricai Point of Connection for Future Roundabout Lighting Inside the Roundabout (Include %" Measuring Tape) (Bid Item A-66) Each The contract unit price paid for this item shall constitute full compensation to furnish and install pull box, conduit and measuring tape to the middle of the roundabout in accordance with SDG&E regulations. City Street Lighting Standards, the project plans, specifications, and contract documents. Coordinate with SDG&E to Provide Electrical Point of Connection per City and SDG&E Street Light Standard (Bid Item A-67) Lump Sum The contract price paid for this item shall constitute full compensation to provide the electrical sen/ice connection point in accordance with SDG&E regulations. City Street Lighting Standards, the project plans, specifications, and contract documents. Hydroseed per Plans and Specs (Bid Item A-68) Lump Sum The contract price paid for this item shall include all hydroseeding, soil conditioning, amendments, watering, maintenance, and establishment period per the project plans, specifications, and contract documents. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 113 of 178 SECTION 10. FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS GENERAL.—The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the statutes, mles and regulations promulgated by the Federal Gov- ernment and applicable to work financed in whole or in part with Federal funds will apply to such work. The "Required Contract Provisions, Federal-Add Constmction Contracts, "Form FHWA 1273, are included in this Section 14. Whenever in said requured contract provisions references are made to "SHA contracting officer", "SHA resident engineer", or "authorized representative of the SHA", such references shall be construed to mean "Engineer" as defined in Section 1-1.18 of the Standard Specifications. PERFORMANCE OF PREVIOUS CONTRACT.—In ad- dition to the provisions in Section II, "Nondiscrimination," and Section VI, "Subletting or Assigning the Contract," of the required contract provisions, the Contractor shall comply with the following: The bidder shall execute the CERTinCATION WITH RE- GARD TO THE PERFORMANCE OF PREVIOUS CON- TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in excess of $10,000 will be considered under the provisions of Section VI of the required contract provisions unless such request is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. NON-COLLUSION PROVISION.—The provisions in this section are applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23, United States Code, Section 112, requires as a condi- tion precedent to approval by the Federal Highway Administrator of the contract for this work tfiat each bidder file a sworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to make the non-collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather than as a swom statement as permitted by 28, USC, Sec. 1746, is included in the proposal. PARTICIPATION BY MINORITY BUSINESS EN- TERPRISES IN SUBCONTRACTING —Part 26, Title 49, Code of Federal Regulations applies to this Federal-aid project. Pertinent sections of said Code are incorporated in part or in its entirety within other sections of these special provisions. Schedule B—^Information for Determining Joint Venture Eli- gibihty (This form need not be filled in if all joint venture firms are minority owned.) 1. Name of joint venture 2. Address of joint venture 3. Phone number of joint venture 4. Identify the firms, which comprise the joint venture. (The MBE partner must complete Schedule A.) a. Describe the role of the MBE firm in the joint venture. b. Describe very briefly the experience and business qualifications of each non-MBE joint venturer: 5. Nature of the joint venture's business 6. Provide a copy of the joint venmre agreement. 7. What is the claimed percentage of MBE ownership? 8. Ownership of joint venture: (This need not be filled in if described in the joint venture agreement, provided by question 6.). V DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 114 of 178 a. Profit and loss sharing. b. Capital contributions, including equipment. c. Other applicable ownership interests. 9. Control of and participation in this contract. Identify by name, race, sex, and "firm" those individuals (and their titles) who are responsible for day-to-day management and policy decision-making, including, but not limited to, those with prime responsibility for: a. Financial decisions b. Management decisions, such as: 1. Estimating 2. Marketing and sales 4. Purchasing of major items or supplies c. Supervision of field operations Note.—If, after filing this Schedule B and before the comple- tion of the joint venture's work on the contract covered by this regulation, there is any significant change in the information submitted, the joint venture must inform the grantee, either di- rectiy or through the prime contractor if the joint venture is a subcontractor. Affidavit "The undersigned swear that the foregoing statements are cor- rect and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to grantee current, complete and accurate information regarding ac- tual joint venture work and the payment therefore and any pro- posed changes in any of the joint venture arrangements and to pennit the audit and examination of the books, records and files of the joint venture, or those of each joint venturer relevant to the joint venture, by authorized representatives of the grantee or the Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under Federal or State laws conceming false statements." Name of Firm Name of Firm Signature Signature Name Name Title Titie Date Date Date State of County of. On this day of ., 19 , before me 3. Hiring and firing of management personnel appeared (Name) _, to me personally known, who, being duly swom, did execute the foregoing affi- davit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires [Seal] Date State of County of On this day of appeared (Name) _, 19 , before me to me personally known. who, being duly swom, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her fi-ee act and deed. Notary Public Commission expires [Seal] DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 115 of 178 Pages FHWA-1273 - Revised May 1.2012 f^QIARED COKTRACT PROVISIOMS FEDERAL^D CCWSTRUCTION C0»fTRACTS I (Benerai II. htorK^scTHmiation III. Homegiegisiisfi Facifes IV. Davts-Baoxi and f^ed Act Provisions v. C(M[#adWort(H[Xirsaf)d Salety StaiKiards Ad Provtaons VI. ^^M^orAssigw^tt^C^fract VW. Safely: AcckJertPreverticn viii. False St^emsf^CofxxmRigHigrwiayPrQr^ IX. Impteniefi^tiond Ctean ArA(t and Fed^VVS^ PoHyixi Centred Act X ConfvdQnixwiiGoverramrtiw^ Deb^mert ReqyiBTients XI. CeitifKialkinReganfIng lise (tfConbtict Funds f:^ LdJbying ATTACHMENTS A EnM>ioym^ and Malefizfe Prefeience for AppaisK^ Development l-M^nway Systnn or Appa^^^ 1^ C(»itr3cts(tncftxted HI AppaiSK:h«i contracts crtfy) 1. GENERAL t. FomlF^flWA-1273(T!U^bepl1yac^»lco^^ a)nsmictk}n contract limcled und^ Tie 23 (excbc^ em^gency contracts sc^vi^xied for debris renoval). The contractor (or »^}contrac{or) nxist mseft OHS fc^ sti}Conlrad and ftirtf!er iBcpre its inchjsion HI ^ sitontracts (exc^ding purchase orcters, lertai agreements »K] ottier agreenents fix »4}piies or services). Tlie appfic^ recpnemerti of Fomn FHWA-1273 m irKotporaled reference for worti Older, rental ac^ement or ^peement for oBter sennce. The prirne cof^acfor shal be responsiUe for cofiv)Kance any siriMxsn&actor, lowt^-fe" siAjconteador or s«vice pro\^. Fomi FtWA-1273 must be ini&ded in al Fed»a*-2Bd design- bitfM co'Arac^, n aH sidx:onl^»:is and in st^Kontracts (exchjciig sitonbacte for (tesign ser^ces, pun^^ ord^ rerilal agreements and diher agreemei^ for supf^iesorsennces). Ttiedesip-bulid^shallberesponsibte kx conY^an<^ by any ^ijcor^ractor, knver-tier siiba»ibactor or sewtce provider. Cortracting a^ndes may r^i^nce Fwm FHWA-1273 in hid propose or request for popossri dociments. I%wever. ttie Fom FWVA-1273 mw* be f^c«i^ SKaqjoated (not r^Beiwed) in ^ ctMacts. subcontrsMits mi low^-tler sidjcontracts (exciutft^ piffdiase ordi^, rait^ agreements and 00^ ageemoits for sip^ (M* sennoes related to a consbuction corUract). 2. Sutpdfo ttie ai^cafoiWycrflef^ noled in ttiefc^ov^ sections, these (xntract (XDvisions sh^ril ap0ly to aA woffc peffomwd on the contract by ttie contractor's am (xgancato and witfi ttie assistarKedfworic^ underthe coiiractor's inm^ste ^ipeiMerKiem^ afKl fo ^ p^fonned on ttie contract by piec^wodc. stsrtion work, (xby suboxtet 3. AI:»e2K^ofanyofttie^q3(Monsca^tewiedfittiese Re(Mt^ Contrad Provisk}ns may be sxScient pounds for witt^Kiidbf^ of {»ogri^ payments, wtNicMfog ^ payment terniai^on ofttie carAmd, su^)ension / debannent <x any otti^ action deteiiiiined to be ««)propr0ie by ttie contacting ^ency and FHWA. 4. SetectkinofLaixiriOtirRigttieperfomia^ ttie ointtactor st^ not use ccmvict labor for any pi^^ wittti the lin^ a oonslnKrtksn pnpct (Ml a Fecter^^ highwfay urriess it is tsto pi^foniied by axwi^ p«n^supenisedrei^i^,or{HC^»lion. The term Feder^«Bd higtmiay does not in(Mfo roat^Kays lundionaay dassAied ^ foca^ roacte or (w^ rrwKX coSedors. II. NOi<«)tSCRiM»IATION The provisiGrts ttiis section related to 23 CFR Part 230 are (p^k^abte fo ^ Feder^-aid oM^tnidnn related construction sii}coriMsc^$10,(X)0 or more. The prov^i(Mis (^23 CFR Psit 230 are not apf^cat^ to fTKileriai suppfy, en^%ering, or ^chitedifal sen/ice oxitracts. tn ad(ttfon. ttie (XJntracto'and ai sitointracfors mi^ conply wimtt% foifovwng pbkie&: Exmme Oder 11246,41 CFR 60. 29 CFR 1625-1627, Title 23 USC Sedion 140, ttie Rehabittation Ad of 1973, as amended (29 USC 794), Titte VI of ttie Civ3 f^its Ad of 1964, as amoided, ^ reia^ regulatfons incfodKig 49 CFR Pats 21,26 and 27; and 23 CFR Parts 200.230. and 633, The oonMtM'and ^stdicon&acfors rnust comp^ witti: tt% reqtAemats of tt« E<9iad 0pp(ntur% Clause i^ 1.4(b) and, f(x ^ consttiKi(8i txntracts exceeding $10,000, ttie Standard Federal Ec^ Ern^cqrneft Qpportur^ Constnjcfion Conttad SpecificaJiais in 41 CFR 604 3. Note: The U.S. Departtrent of Labor has exclusive atihority to detemine wm^^aroe w8i Executive Order 11246 and tt» police d'tt^Seo^tetfy of induding 41 CFR 60, aid 29 <^R1£»-1627. The cortracingagefKiy and ttie FHWA have ttie auttiority and ttie re^poraWy fo en»tfe omif^iance witti Trtle 23 USC Secfion 140, ttie Rehabffitatfon Act of 1973. as am^ided (29 USC 794), and TiBe VI of ttie Civl Rights Ad of 1964, ^ amended, »id reic^ negi^fions iiKlu^ 49 CFR Parts 21,26 and 27; and 23 CFR Paris 200,230. and 633. The f:«towing provision is adopted ftom 23 CFR 230, Awencfix A w*h approi^rate revisiorra to confonn to ttw U.S. Depsrtment of Labor (US OCX.) and FHWA requaemer^. 1. Equal Em{ri(^ment OfHKHtimlty: Equal empfoymoit opporturvfy (EEO) re(^iren%nte not to discrinwiate and fo take afllmiattve acttm to a^i^ equ^ o{portu% as set forth under iaws, execiive ordas, Rites, relations (28 CFR 35, 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) and ofders of ttie Secretary of Labor as moclSed by tt^ pnwistons prescribed h^€^ and inp)^ pursue fo 23 u s e. 140 ^ cc»istitute ttie ^0 and specffic afllnnative adion stendards for ttie contra:tor's p«^ activities under ]es this cof^^ T)ie pnovteions of the i^nerfoans witti Oisabiiities Act of 1990 (42 u s e. 12101 et seq.) set forth under 28 CFR % and 29 CFR 1630 are incorporated by reference in ttis contrsd. bi the es^oioi of ttus contract, ttie contifador agrees to comply witti ttie folfoMfffig nifiimtfn spectfic requirement actwittes of EEO: a. Tlie oxilrador vi^ vrark vu^ ttie axitracting agency and tt% Federal Govemmertt to ensifle ttiat it lm nKxie every good fzHth ^fort to jxmfte eqM (^ipoftmity iwitti resped to 3&1 of its tGHnms and conditions of employment ^ »i tt activities fitter ttie contract b. Ttie a}r4lraclcH'wttt accept as ^ qpen^ing policy ttie foHovm^ staAemerl: It is ttie p<^ of this Compaiv to a^HB ttiat app^:aiils aie enpioyed, arid thai «TV3toyees are treal»l dtj^ empto^^ment vHtho(Mre^fdtotti^race,fi^^im sex, ccMor, national origin, ags dtsdl^Hily. Such ac&xi shal indude: empfofymoit upsp^adHng, (femotfon, ortran^ recn^m»itor lecri^meftf advertisiiig; la^ a temtiatfon; rales of pay or other l»im conpemaiion; and setection for trying, inc^xftig apprenficeship. {^apfxenticest^}, and/or <»i-ttie- |(^ tiding." 2. SO Officer: The contractor wil designzrte and make kiKMffi to ttie cofrtracting offers an EEO iDfficer vvtio ha\^ ttie responsibttity for and nxfil be cai^fote ctf ^liectiveiy acfowiistefing and promc^ an adN^ EEO program and vi^ mi^ be assist ade(pi£^ airthorny aiKi respon»txl^to do so. 3. Dissemiiiaticm of Policy AH meniberB of tie contractor's sl^ wfK) mdtxxized to twe. supervise, promote, and disctiarge enptoyees, or who reconvnend such action are st4}stantiatty tewotved in ai<^ %tion, ^ cognizant of, and wiK bTHPiem«4, ttie contiactor's EEO p(Mcy »xl oontractiQrt respnnibW^ to pioiAde EE ^das»icationof^nployn%nt Toen»^ O^ttie «^e agr^m^ wM be tt% ft^wtng 2Kions vwl be take^ nmiiiijsn: a. F^rfodk^rm^lK^ of supervisory and personi^ office enfif^oye<» wM be coiiducled beft^ ttie start <^ work 2md fien not less oQen ttian once evoy sb( monttis, at wNch tin» ttie cor#acfof's EEO po^ ^ its impienientsrtfort \AM be revtewed^exi^airffid. Tlie meettigs wil be a)ndiK:ted by ttie EEO Officer. b. Mn^si4}en^<Myorperso(w»l(^^empk^eeswtf be gwen a ttiorm^ iTKtodrinatkxt by the EEO Oicer. coverfog al mapr aspects ofthe contracfoi's EEOoiAgaftms vwtNn ttwty days IciknvR^ ttieir repof^ for duty witti ttffi corrtrac^. c Aii personne who ^ureen^iged In diredrecnrtmentfcx tt% prp^ wil be iftstruded by ttie EEO OfS(^ fft ttie contrxto's procedwes for toc^ and hiring nwwifes and women. d. Notices aiKl posters setting fwttitt^contTEKtw's EEO policy will be pi«^ in areas iea(% access^ to enf#3yees. a^cants for ^iV^fopiefit 3nd poMai ernploye^. e. The conti^or's EEO pc^ and ttie procedures to Irrptement sudi poHcy WiH be tffou^ to ttie cMeirtfon (tf empfoyees by means of meetings, enrv^oj^ han(fi)00ks, m ottier apprcpn^rte means. 4. Recfuitmeflt: When advertisaig fcr en^pHo^es. ttie contractor wili indude in 3i\ adi^semen^ for em{A3yees ttie notation: 'An Equal Owortonity Emj*>yer.' AB aich advertts^iients vntt be placed in {Creations hafving 3 large drculation anong rmiorittes and vwHTOn in ttie area from which ttte projed work fwce would normaly be cterlvej. 3. Tlie contractor wifl, unless prB(Aided by a valid teMg^wwig agreenwnt, oxidud sy^ematK: and dved recr\atment ttwough public mi pnvate enptayee refensfl sounds liteiy to ^quaiffiedminoril^arKl women. To meet tt^ requirement ttie cortradorwill i(tefrtrty soirees trf potef^ai imwrity groi^} enpfoyees, aiid est«d:rii^ ider^iled sources procedures whereby rranortty and women appKcante may be refened to Oie cor^ctor for en^A^ment consid^atiat. b. in ttie ev^ ttie conb;»:tor has a valid ba^ipffw^ agreemeft prowding k^ exdi^tve hfling haN relOTate, ttie corMtor is expected to observe ttie {Visions of ttiad agreonent to ttie extent tt^ ttie sys^ me^ ttie conti^c^s ccnif«ancev«ttiEB3conti3d|»owsions. Where tnpteiii»<«^ of siJCh an agieernent has ttie effed of discnminatBig £^wist rmiorities or WMT^ cortttactor to cfo the same, such impteinNitation violates Federsri nor»dsainmation provistor^. c. The cwittactorvwa encowagete piesent en^frfoyees to refer maiorities and women as an}Hcants for enpyment Infonnal and procechres witti regaxl to retefilng such appiicar^s wHI be disclosed wtth enpfoye^. 5. Persoimel Actions: Wages, working cond^or^, and emptoyee benel^ be estabNshed and adnMstered. and perkxirnet adbns of ev«y type, induding Nring, MPgracfing, pronxrtkxi. tran^, (temdfon. taydf. arKi tenmiation, shall be ^en wittiout regard to race, cofor, reMgion, sex, natfonai oripi. agea(fisaixWy. Thefotow^proceck^es^laflbe foflowed: a. Tlie contr£K:iorij^cori(kJdperfo(lkinspedforisQrim^ sites to irist^ ttiat worlong concfiHons and em(^^ (to not indkrate oHscriminatoiy treaArnent of pn^ sae personnel. b. The contradorv^periodicaHy evaluate ttie ^ad of wages pakl VMOWI each cl3ss}fk:^;rifon to determine any evidence of discTHiwiatory wage practices. c. The oKitractor WIS periodicaly review selededpcrsofviei actions il d^ to detaimie whettier ttie^ is 6vkten<» of discrirrinalfon. Wiwe6vkfen(»fsfoisid,ttieconbfactorwM promptiy t^e corrective action. If tt% review indicates ttiaft ttie disoin^nalfon rnay ext^id beyond ttie adfofis reviewed, such ccnective adfon stisM indude 3l& atteded peraons. d. The contrador will promptiy investigate ^ conplaKits of aHec^ discrimnia^ m«Kte to ttie contractor in OMinection witti As oMkpions under ttiis OMitiad. vnH (dte^ such con^cwts. mi wRi tsdke appropriate c(^redrve adfon vwttwiareasonabtettnw. If ttie ffi^tigatfon indicates ttiat ttie dtscrirmii^ rr^y s^ed persons oth^ than ttie compynant, such (mective action sf»8 indude sudi ottiK^f^sons. Upon cc^etion of e^Kh inve^gition, the corAador will infonn e\^ compiiinant ^ dr tih^ av^Hjes of anpesri. 6. TrainiiHi and Promotion: 3. The conb'ador wiil as^ in focalvig, qu^ifying, and incre^sRig ttie skills (tf mmorities and wc»iien who ^e ges appNcaftsforefTpfoymentarciffrentemf^yees ^Jdi^forts ^loidd be aiiTied 2ft dev^ofMng ftA journey ie^ ^lafos @iT^3foyee5 in ttie type (tf ti^ job dassrfication involved. b. C^sister^w^ttiecontr2K:tof'swc»kfon»re(9Jtoem^s arKl aspomessiUe under Fedeal and St^ regiJatnns, ttie cortnador msdce foil use of ttairwig fMogranB, i.e., apprer^N:eshfo, and Ofi-tf«iob trafoing (mjgrsmf^forl^ geograftfiicalatfeaofcotradpertbimarKre. Intheeventa special pnoMsicxi for tiaining s piowded tflider ttiis con^ tt^ sii^iaragraftfi wi be »ipcrseded as inchested il tifie spedai proMsfon. The collecting a^cy may reserve trafoHig portions for persons re<»^ welCsife assistance in xcoidaice with 23 U.S.C 140(a). c. Tlie oM^niclorv^adv^ envfoyees and ^pttcantskK- emf^o^no^ of ainiMabte trailing progr^VTB reqiMenwits for ^ich. d. The contiadonMlpertodicaly review ttm ttafoftigarKl piomo^ p(^er^ (tf einptoyees wtw are rTWi(»ities ^ wcxi^ and wW encQitfage ^rgttHe eriqjk^ees to apf^ for such 1nsn»ig »id promotfon. 7. Unions: If ttie contractor rettes in wtxite (»^ in part igxxi unorts as a source Gf mrif^oyees. ttw (x>ntracfor wil use good fsBth ^forts to obtsiri the cooper^on (tf such wfons to incre£»6opportonMiesfornttnorlesandwon«n. At^onsby ttie contactor, eittier (Siectty or ttmigh a coftTEMrtof's association ac^ as ageiL wi HickMte ttie f»o(»(Kffes set forth t^(w: a. TNrcortradorwMusegoodMh€lfortstodevekH>, in cooperz^ with ttie tviions. K»nt trsMig (»o$^ams aimed towanj quaiymg rncxB rnincxltt^ and wom^ fc»'rn^or^^ in ttie ur^ons afKi incn^is^ tie ^ils of mtftoiittes and VN^^ so ttisrt ttiey nray <^ali^ f(ar hi5^ paying emjtfoyment. b. The contractor vMRi»e good feKtti efforts to incorporate an EEO ciaise iito KK:h unfon agreernert to ttie €»id tiat »jch union wilt be omtiacti^ boumi to {B«»-^pftfkiiai^ vvWi^ re^ to ttieir nice, cofor, r^gkm, s^. i^ionai (vigin. as^ or disabilty c. TheoorrtractoristoobtsmtriixTnsMkmastottie ri^e^ practices and pofk:tes (tf ttie ybor ui^ except ttiat to 8ie extent sudi Kifoni^on Is wittiin ttie excfo^ve possesion of the i«^ and such ladxir UWX1 refuses to liOTU^ irtformation to ttie contr^Ktor, ttie condor ^i2i so ce»1My to the contTcK^g agency ;yid ^haR set fortti wtiat effort have bean madetoobt^^jch iilnmns^. d. in ttie evoit ttie ififon is un«d^ to provkte ttie contractor witti a reasonabte ftow (tf referrstfs w^ ttie time ttmtt set forth in the coitecive bargaiiing a^eeriiertt, ttie (xxibactor VHH, ttwough trxtep^ident recn^n^ efforts, fW ttie ^nptoyine^ vacancies wittKHit regard to race, cokx-, rel0on, sex, natimal oripi, age ordtsabiMy; iraicing M effints to obtain qustffied anchor quatrflabterriinorities and w(»Ti«i. Thefa%fle(tfaur»on to provicte sufllciei^ reforr^ (e\^ though it is obligated to provide ext^usve r^rrsris uneter \h& Imm of a coltectve bar^iing a^^eemerti) (foes not relei^ ttie contractor from ttie reqt^rem^ of ttiis paagnaftfi. In tt» event tt» r^erral practice {X'events ttie contador from mating ttie ob^s^ons pursuantto Executive Order 11246, as amended, arei ttiese speci«ri (isions, ^h (xxtirador^iaA invnediateiynoti^ttie contradBig ^^y. 8. Reasonable AcconHnodation for Ai^itcants/ Emptoyees wMi Disabilities: The contrador must be farrafiar witti ttie reciulrenwits for and con^ witti ttie An«ricans wth CXsat^ttes Ad and aM rutes and reguiafior^ estsriUis^ there under. Ernpfoyersniistpn^AttereasonadateKaxmiodafionin al empfop»i^ adivities urtess to do so woiM cause ;»i uncfoe hzrdshp. 9. Setectton <tf Subcontractors^ Procurement of Materiais and Leasii^ <rf Etiuqwnent: The conttador shal not (Sscrmw^teixi ttie pounds of race, oofor, leKgfon. sex, naifonaJ origfo. age or (Ss£rt^ ai ttie seledkMi and ration of subcontractors, Mudiig procurenent <tf materiais and teases (tfeqi^pment. TheconlrsKtor^iaHt^eaAr^cessary and r^son^ steps to ensure nc)rKfs(^vnfoation in ttie a(foilrwsttation of ttiis c(»itiad. a. The corrtractor shaii not%aAp(tfenti£rtsi^(X}ntactors and suHiltefs and lessoni of ttw EEO obiifptiom loider ins contract b. The contrador wtti^ good fattieffiNts to ^ure siidscontrador conpiiance v^ their EEO oitfigations. 10. Assurance Required by 49 CFR 26.13(b): a. The reqiMemente(tf 49 CFR Part :»2tfid ttw State DOTS U.S. DOT-approved DBE program are inconxxated by r^^ence. b. The contrador or subcoritractorst^stf not (!ls:nnfwitite<»i tt« bas^ of rxe, cotor, national wgm, or sex in ttie p@rfiorni»ice of ttiis (xx^ct The ocx^ador shaft cany o(^ apf^c^ recpFements (tf 49 CFR Part 26 ii ttw avard afid adrrnrosttaSon of OOT-a^ted contrads. F<MLirebyttie contiacfor to canry (Xit ttiese requifi^nents is a mai^ fore£K^ (tf tties coitfrad, v^k^ may re^ ii the tenranatfon of tNs confrad or such ottier remedy as ttie contract agency (te^ns appropnate. 11. Rectyds and R^iiorts: Tlie conttactor ^latt iieep such imxtfe as nece^ary to ctoamierit ccxnplance w^ ttw EEO reqtfif^Ntiefts. Such records sl«A be r^»ied for a penod of ttiree years foitowing ttw d^ <tf ttw final payiTwNl to ttw contractor for ^ (xsniiad work and shai be aw3lat^ at lessonai^ finws and {yla(»s for inspection ai#i(x1zed represaitatives of ttw contracting a^tcy and ttw FHWA. a. The records kept by ttie ccntractCM'sh2tft(tocunwnt ttw ft^iowing: (1) The nun^wr and work hours of miiority and non- rniwfiiy 90i4> rnembers and women «nf^oyed il ezKA wor^ dassMfo^fon on the pn^ct (2) The progress ^ effiwts b^ng n^(te in coopoation w^ unfons, wtwn (^Ifoabte, to increase ^nptoyrr^t opportiHiifies for miK^es 2Kid wc»Tien; arKi (3) The pnc^ess and efforts beiig made in toeing, hiring, ttd^n^, qu^ifyi^. and upgradiig rranorities and women; b. The ocHitradcrs and subconbactors wtl si^}mtt2iiarvH^ r^x»t to ttw confradffig agency each July for the diffaiton of the prtpd, iirScating ttie mvim (tf nwiwity, vromoi, and noiHnfo(»ty gRX$ enptoye^ curraitty erigag^ HI ea<^ work dassffication requii by ttw conlrad work. Tliis i^ormatfon is to be reported on Forni FHWA-1^1. Tlw faffing data shouki represent ttw preyed iwrk for(» (XI board SI aM (V any part cl ttw la^ patron pertod precafing ttw end of July. lfon4he-job traiiffig Is being rer^ired by special provisfon, ttw contrador ^ages will be required to collect and report training data. The employment dala should reflect the work force on board during ali or any part of the last payroli period preceding the end of July. III. NONSEGREGATED FACIUTIES This provision is applicable to all Federal-aid con^aidion contracts and lo all related construction subcontracts of $10,000 or more. The contractor musl ensure that faciltties provided for employees are provided in such a manner ttiat seg'egation on the basis of race, color, religion, sex. or national origin cannc* result. The contractor may neither require such segregated use by written or oral pdicies nor tolerate such use tjy employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perfomn their services al any location, under the contractor's control, where the facilities are segregated. The temi "facilities'* indudes waiting rooms, worti areas, re^aurants and other eating areas, lime clocks, restrooms. washrooms, locker rooms, and other storage or dressing areas, parking lots, dnnking fountains, recreation or entertainment areas, transportation, and housing provided for ^ployees. The contractor shall provide separate or single>user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. of paragraph Id. ofthis section; also, regular contributions made or costs incun-ed for more than a weekly peri<xl (but not less often lhan 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 apprt^riate 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 perfonning work in more than one classification may be compensated at the rate specified for each classification for the time actually wortted therein: Provided, That the employer's payroll records accurately set forth the time spent in each dassifteation in which work is perfomied. The wage detemiination (including any addttional dassification and wage rales conformed under paragraph 1 .b. of this section) and the Davis-Bacon po^er (WH-1321) shall be po^ed at all Umes by the contractor and its subcontractors at the site of the work in a prominent and accessit>le place where it can be easily seen by the wori(ers. b.(1) The contracting officer shall require that any class of laborers or mechanics, including hewers, which is net listed in ttie wage d^ermination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting oflicer shall approve an ad(jitional dassification and wage rate and fringe benefits ttierefore only when the following crfteria have been met: IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid consti-uction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardess of subcontract size). The rec^irements sipfAy lo aB faxjjects located within the right-of- way of a roadway ttial is functionally classified as Federal-aid highway. This excludes r<«dways fonctionally dassified as local roads or m rat minor collectors, which are exempt. Contrading agencies may elect to apply these retpjirements to other projects. The following provisions are fliom Oie U.S. Departinent of Labor regulations In 29 CFR 5.5 "Conh-act provisions and related matters* with minor revisions lo confomn to the FHWA- 1273 fonnal and FHWA program requirements. 1. Minimum wages a. M laborers and mechanics employed or worthing upon the site of the wortt, 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 pennitted by regulations issued by the Secr^ary of Labor under the Copeland Act (29 CFR part 3)). the foil amount of wages and bona fide fringe benefits (or cash equivalents thereoO due at time of payment computed at rales not less ttian those coniained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any ccxiti-adual rdationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated fOr bona tide fringe benefKs under section 1(b)(2) of the Davis-Bacon Act on behalf of labaers or mechanics are considered wages paid to such laborers or mechanics, subject tothe provisions (i) The work to be perfomied by the classification requested is not perfonned by a classification in the wage deterrrHn ation; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained In the wage determination. (2) Ifthe contractor and the lai>orers and mechanics to be employed In the dassificatlai (if known), or their representatives, and the contracting officer agree on the dassification and wage rate (tndudhg the amount dests^aled for fringe t)enefils where appropriale), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Bnployment Standards Atfcrtnistration, U.S. Department of Labor, Washington, DC 20210. The Admhistrator. oran aulhorized representative, will approve, modily. or disapprove every adcStional classification action within 30 days of receipt and so advise the contrading officer or will notify the contracting officer within the 30-day pertod that additional time is necessary. (3) In the event the contrador, the latK>rers or mechanics to be employed in the classification or their representatives, and the contrading officer do not agree on the proposed classification and wage rate (indudng the amount designated for fringe benefits, where appropriate), the contrading officer shall refer the questions, including the views of ail interested parties andthe recommendation ofthe contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representalive, will issue a detennination within 30 days of receifA and so advise the contracting officer DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 119 of 178 Pages will notify the contrading officer wittiin the 30-day period that additional time is necessary. (4) The wage rate (including friige benefits Where appropriate) determined pursuant to paragraphs 1 .b.(2) or 1 .b.(3) ofthis section, shall be paid to al woricers perfonning work in the classification under this contract fi-om the first day on which wori( is performed in the classification. c. Whenever the minimum visage rate prescribed in the conb^act for a class of lat)orers or mechanics includes a fi-inge benefit which is not expressed as an hourty rate, ttie conti-ador shall eRher pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an houriy cash equivalent thereof. d. Ifthe contrada does not make payments lo a trustee or other third person, the contrador may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anlidpaled in providing bona fide fringe benefits under a plan or prosram, Provkied, That the Secretary of Labor has found, upon the written request ofthe contrador, that the appltoable standards cf the Davis-Bacon Ad have been met. The Secretary of Labcxmayrecjuire the contractor to set aside in a separate accouni assets for the meeting of obligations under Uie plan or pro-am. 2. Withholding The contracting agency shall upon its own action or upon written request of an autiiorized representative cf the Department of Labor, withhold or cause to be wiUiheld fiwi the conti-ador under this contract, or any oHier Federal contrad with the same prime contrador, or any ottier federally- assisted contract subject lo Davis-Bacon prevailing wage recplrements, which is hdd by the same prime contrador, so much ofthe accrued payments or advances as maybe considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the conti-actor or any subconti^ctor the foil amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, induilng any apprentice, trainee, or helper, employed or working on the site of the work, all or part ofthe wages required by the contrad, the conb-ading agency may, after written notice to tiie contrador, take such action as may be necessary to cause ttie suspension of any forth er payment, advance, or guarantee of fonds until sudi vidations have ceased. 3. Payrolls and basic records a. Payrdls and basic records relating thereto shall be maintained by the contractor during the course of the wak and preserved fa- a period of three years thereafter for all laborers and mechanics woriting at the site of Uie wort(. Such records shall contain the name, address, and sodal secunty number of each such wortter, his or her corred classification, hourty rates of wages paid (inclucSng nailes of contributions or costs antidpated for bona fide fl-lnge benefits or cash ec^ivalents thereof ofthe types described in sedion 1(bK2KB) ofthe Davis-Bacon Ad), daily and weekly number of hours worked, deductions made and adual wages paid. Whenever the Secretary of Latior has found under 29 CFR 5.5(a)(1)(iv) lhat 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 sedion 1(b)(2)(B) of tiie Davis- Bacon Ad, the contrador shall maintain records which show that the commibnent to provide such benefits is enforceable, that the plan or jxogram is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show tiie costs anticipated or the adual cost incurred in providing such benefits. Conti-adors emplcy^^ng appnsnlices or trainees under approved programs ^all mainiain written evidence ofthe registration of apprenticeship programs and certification of b-ainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescrii>ed in the applicable programs. b. (1) The contradCM* shall submit weekly for each week in which any contract work is performed a copy df all payrdls to Hie conti'acting agency. The payrolls submitted shall set out accurately and completely all ofthe information required to be maintained uncler 29 CFR 5.S(aK3)(i), except that foil social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to indude an indh/iduaiiy identifying number for each employee ( e.g., the la^ four digits of the employee's sodal security number). The required weekly payrdl Information may be submttted in any fomn desired. Optional Fomn WH'-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esayWhd/fonns/Wh347instr.htm or Its successor site. The prime conti-actor is responsible for the submission of copies <tf payrolis t>y all subcontractors. Contradors and subcontradors shall maintain ttie foil sodal security number and current adckess of each covered wortcer, and shall provide them upon request to the contrading agency for transn^sslon to the State DOT. the FHWA or the Wage and Hour Division cf the Department (tf Lat>or for purposes of an investigation or audit of compiiance with prevailing wage requirements. It is not a vidation of ttiis sedion fbr a prime conti-ador to require a subcontractor to provide adcA'esses and social security numbers tothe prime contrador for Ils own records, without weekly submission to the contrading agency,. (2) Each payroll submitted shalt be accompanied by a 'Statement of Compliance," sl^ed by the contiactor or subcontractor or his or her agent who pays or supervises the payment (tf the persons employed uncler the contrad and shall certify the foiiowing: (i) That the payroll for the payrdl period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such infonnation is coired and compl<^e; (ii) That each laborer or mechanic (induding each helper, apprentice, and trainee) employed on the contract during ttie payroll period has been paid the full weekly wages eamed, without rebate, either directiy or indiredly, and that no dedudlons have been made either directly or incfirectly fi-om the foil wages earned, other than pennissible dedudions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rales and fringe benefits or cash ec^ilvalents for the dassification of worit performed, as specifled in the applicable wage detennination incorporated into the contrad. UBL—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 120 of 178 Pages (3) The weekly submission of a properiy executed certification set forth on the reverse side of Optional Fomn WH-347 shall satisfy ttie requirement f<3r submission ofthe "Statement of CompHance" required by paragraph 3.b.(2) of this section. (4) The falsification of any df the above certifications may subjed the conb^dor or subcontrador to civil or criminal prosecution under sedion 1001 ctf titie 18 and sedion 231 of title 31 of the United States Code. c. The conti-ador or subcontrador shall make Oie records required under paragraph 3,a. ofthis sedion available fa inspection, copying, a transcription by autiiorized representatives ofthe conti-ading agency, the State DOT, ttie FHWA, or the Department of Laba, and shall pemnit such representatives to interview employees during waking hours on the job. If the contracta a subcontrada fails fo submit the rec^ired recads or to make them available, the FHWA may, after written notice tothe contracta, the contractiig agency or the State DOT, take such adion as may be necessary to cause ttie suspension ^ any forther payment, advance, a guarantee (}f fonds. Furthermore, failure to submit the required recads upon request ato make such records available may be grounds fa debanment action pursuant to 29 CFR 5.12. 4. Apprentices and tr^rinees rate specified in the applicable wage detennination. Apprentices shall be paid fiinge benefits in accordance with the provisions ofthe apprenticeship program. Ifthe apprenticeship program does nd spedfy fringe benefits, apprentices must be paid the foil amount of fiinge benefits listed on the wage d^ennination fa the applicable classification. Ifthe Administrator determines that a different practtee prevails fa the applicable apprentice classification, ftlnges shall be paid in accordance witti that detennination, In the eveni the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized try the Office, withdraws approvtA of an apprenWce^ip prog-am, the contrada will no longer be pemiitted to utilize apprentices at less than the applicable predetermined rate fOr the wak performed until an acceptable program is approved. b. Trainees (programs ofthe USDOL). Except as provided in 29 CFR 5.16. trainees will not be pennitted to wortt at less than the preddemnined rate fa the work perifOmned unless they are employed pursuant lo and intfivicfoally registered in a program which has received pria approval, evidenced by fonnal certification by ttie U.S. Department of Labor. Employment and Training Administration, a. Apprentices (programs of the USDOL). Apprentices will be pennitted to wortt at less than the predetermined rate fa the wak tiiey perfonned when they are employed pursuant to and individually regi^ered in a bona fide apprenticeship program registered vtnitii Hie U.S. Department of Laba. Employment and Training Administa-atitxi. Office of Apprenticeship Training, Emitfoyer and Laba Services, a with a State Apprentice^ip Agency recos^ized by the Ofiice, a if a person is employed in his a her flrst 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not indivklually regi^ered in ttte program, but who has been certified by the Offlce of Apprenticeship Training, Bnployer and Labor Services a a State Apprenticeship Agency (where appropriate) to be eligible fa probationary employment as an apprentice, The allowable ratio of apprentices to jtHimeymen on the job site in any craft das^cation shalt net be greater Uian the ratio pennitted to ttie conti-acta as to ttie entire wak force under the regstered program. Any wortter Ksted on a payrdl at an apprentice wage rate, who is not registered a (Otherwise employed as stated above, shall be paid not less than the applicabie wage rate on the wage determination for the dassification of wak actually performed. In addititm, any apprentice performing wortt on the job site in excess ofthe ratio pennitted underthe registered program shall be paid not less than the applicable wage rate on the wage determination for the worit adually performed. Where a contracta 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 erf the journeyman's houriy rate) specified in the contractor's a subconb-ador's registered program ^all be observed. Every apprentice must be paid at not less than the rate spedfied in ttie regi^ered program fa the apprentice's level of progress, expressed as a percentage of the journeymen houriy The ratio of trainees to journeymen on the job site shatt not be greater than pennitted under the plan approved by the Employment and Training Acininistration. Every trainee must be paid at not less than the rate specified in the approved program fa ttie trainee's level of progress, expressed as a percentage of the journeyman houriy rate specified in tiie appl^BiAe wage delerminatitxi. Trainees shall be paid fringe benefits in accoidance with the provisions of the b-ainee program. Ifthe ti-ainee program does not mention fringe benefits, b-ainees shal tie paid the full amount of fringe tienefits listed on the wage determination unless the Administrata ofthe Wage and Hour Division detennines ttiat there is an appronticeship program associated ^A^th the corresponding joumeyman wage rate on the wage detennination which provides fa less than foil fiinge benefits for apprentices. Any employee listed on the payrdl at a trainee rate who is not registered and participating in a training pian approved by the Bnpl<^ent and Training Administratfon shall be paid not less lhan the applicable wage rate on the wage (jetemnination forthe classification of wortt adually perfonned. In addition, any trainee perfonning work on the job site in excess ofthe ratio perrr«tted under the regi^ered program shall be paid not less than the applicable wage rate on the wage detenmination fa the worit adually perfonned. In the event the Employment and Training Administration wittidraws approval of a training program, the contrada wiii no lon£^ be permitted lo utilize trainees at less than the applicable predetermined rate fa Uie wak perfomned until an acceptable prog-am is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and j(ximeymen under this part shall be in conf(xmity with the equal employment opportunity requirements of Executive Order 11246. as amended, and 29 CFR part 30. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 121 of 178 Pages d. Apprentices and Trainees (programs ofttie U.S. DOT). /\pprentices and b-ainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promtjting EEO in connedion with Fecteral-ald hi^iway construdion programs are not subjed tothe requirements of paragraph 4 ofthis Action IV. The stiaight time h(Hirty wage rates fa apprentices and trainees under such programs will be established by the particular progams. The ratio (rf ap(»-entices and trainees to jt>umeymen shall not be greater than permitted by ttie terms of the particular program. V. CONTRACT WORK HOURS ANO SAFETY STANDARDS ACT The fdlowing clauses apply to any Federal-aid construction conti-act in an amtxjnt in excess cf $100,000 and subjed to the overtime provisions of Hie Contract Wortt Hours and Safety Standards Act. These dauses shall be inserted in adcfition lo ttie dauses required by 29 CFR 5.5(a) a 29 CFR 4.6. As used in this paragraph, the tenns labaers and mechanics inclucte watchmen and guards. 5. Compliance witti Copeland Act requirmients. The contrador shall comply with the requirements of 29 CFR part 3, which are Incorpaated by reference in this contrad. 6. Subcontracts. The contrada a subcontrada shal insert Form FHWA-1273 in any subcontrads and also require the subcontradors to indude Form FHWA-1273 in any low«- tier subcontrads. The prime contracta shall be responsible for tiie compliance by any subcontrada a lower tier subcontrada with all the contra<^ clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach ofttie contrad clauses in 29 CFR 5.5 may be grounds fa tennination of tiie contrad, and fa debannent as a contracta and a subconti-actor as provided in 29 CFR 5.12. 8. Ccmipliance with Davis-Bacon and Relarted kct requirements. All ailings and interpretaticms of the Davis- Bacon and Related Ads contained in 29 CFR parts 1, 3. and 5 are herein incapaated by reference in ttiis contract. 9. Disputes concerning labor standards. Disputes arising out of the laba standards provisions of this contract shall not be sutqed tothe £^eral disputes clause ofthis contrad. Such disputes shall be resdved in accordance wilh the procedures of the Department of Laba s^ forth in 29 CFR parts 5. 6, and 7. Disputes within the meaning ofthis clause include disputes between the contracta (a any of tts subcontradas) and the contracting agency, the U.S. Department of Labor, or ttie employees a their representatives. 10. Certification of eligibility. a. By entering into this confract. the contrada certifies that neither it (nor he or she) na any person a fimn who has an interest in ttie contracla's firm is a person a fimn ineli^ble to be awarded (Bovernment contrads by virtue of sedion 3(a) of the Davis-Bacon Ad a 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person a fimn ineligible for award of a Govemment ccxitrad by virtue of section 3(a) ofthe Davis-Bacon Ad a 29 CFR 5.12(aX1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code. 18 U.S.C. 1001. 1. Overtime requirements. No contracta a subcontrada ccxifrading for any part ofthe contrad worit which may ret^ire a involve the em^oyment of labaers a mechanics shall require a permit any such laborer a mechank: in any workweek in which he a she is employed on such wak to work In excess of forty hours In such wakweek unless such labaer or mechanic receives compensation at a rate nd less than one and one-half times the basic rale of pay for all hours worked in excess trf forty hours in such worttweek. 2. Violation; liability for unpaid wages; liquidated damages. In ttie event of any violation (rf the clause set forth in paragraph (1.) erf this section, the contrada and any subc(»itrador responsit>le therefa shall be liable fa the unpaid wages. In addftion, such contrada and subcontrada shall be liable to the United States (in the case of work done under contrad fa the Distrid of Cdumbia or a territory, to such District or to such temtoy). fa liqiuidated damages. Such iiquitteted damages shall be computed with respect to each indvickial laborer or mechanic, induding watchmen and gjards, employed in vidation ofthe clause set forth in paragraph (1.) ofthis sedion, in the sum of $10 fa each calendar day on which such incfivldual was required or permiti:ed to work in excess cf the standard workweek of forty hours v^thout payment of the overtime wages required by ttie clause set forth in paragaph (1.) cf this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contading agency shaH upon its own action a upon wrrtten request of an authonzed representative ofttie Department of Labor withhdd a cause to be withheld, frcm any moneys payable on account of work perfonned by the conb'ador or subcontrada under any such contract a any other Federal contrad with the same prime contractor, or any other federally-assisted confrad subject to the Contract Wak Hours and Safety Standards Ad, which is held by the same prime contrada, such sums as may \x determined to be necessary to satisfy any liabilities of such contrada or subc(mtrador for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this sedion. 4. Subcontracts. The contrada a subcontrada shall insert in any sutxTtxitracts the clauses set forth in paragraph (1.) throu^i (4.) ofthis section and also a clause requiring the subcontractors to include these clauses in any lower tier subconti-ads. The prime confarada shall be responsible for ccmpliance by any subconfrada a lower tier subcontrada witti ttie dauses set forth in paragraphs (1.) through (4.) ofthis sedion. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 122 of 178 Pages VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision Is applicable to all Federal-aid con^mction confracts on the National Highway Sy^em. 1. The contracta shall perfonn with its own aganization confrad worit amounting to not less than 30 percent (a a greater percentage if specified elsewhere in the confrad) of the total original contract price, excluding any specialty ftems designated by the contracting agency. Specialty items may tie performed by subconfract and the amount of any such specially items perfonned may be deducted from the total original contrad price befae computing the amount of wak required to be perfonned by the confrador's own organization (23 CFR 635.116). a. The term "perform wak with its own aganization"" refers to woriters employed a leased by ttie prime contrada, and equipment owned a rented by the prime confracta, with a wittiout operatas. Such temn does not include employees or equipment of a subcontractor a lower tier subcontrada. agents of the prime contrador, a any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this temi if the prime confractor meets all ofthe followkig conditions: (1) the prime contrador maintains contrd over the supervision ofthe day-to-day adivities ofthe leased employees; (2) the prime contrada remains responsible fa the quality of ttie work cf the leased employees; (3) the prime contrada retains all power to accept or exdude individual employees from worit on the project; and (4) the prime contrada remains ultimately re^onslble for the payment of predetermined minimum wages, the submission cf payrolls, statements of compliance and all dher Federal regulatory requirements. b. "Specialty Items" shall be constmed to be limited to worit that requires highly specialized knowledge, atnlities, or equipment nd orcHnariiy available In the type of contrading aganizations qualified and expected to bid a propose on the contrad as a whde and in general are to be limited to mina components of the overall contrad, 2. The confract amount upon which the requirements set forth in paragraph (1) of Secticxi VI is computed includes the cost trf material and manufadured produds ^ich are to be purchased or produced Ijy the confrada under the contract provisions. 3. The contrada shall fumish (a) a competent superintendent a supervisa who is employed by the firm, has full authority to dired perfomnance ofthe wak in accadance with the contract recjuiremenls, and is in charge of all consfruction operations (regardless of who performs the wak) and (b) such other of its own aganizational resources (supervision, management, and engineering services) as the contracting trfficer determines is necessary to assure the performance of the contract. 4. No portion ofthe contract shall be sublet, assigned a otherwise disposed of except with the written consent of the confracting officer, a authaized representative, and such consent when given shaB not tie construed to relieve the confractor of any re^nsibility fa the fulfillment ofthe contract. Written consent will be given only after the conlracting agency has assured that each subctxitract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self-perfonmance requirement <tf paragraph (1) is not applicable to design-build contrads; however, contrading agencies may establish their own self-performance requfrements. Vil. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid constaiction confrads and to all related subconfracts. 1. In the perfonnance of this contract the contracta shall complywith all applicable Federal, State, and local laws goveming safety, health, and sanitation (23 CFR 635). The confrador shall provide all safeguards, safety devices and protedive equipment and lake any other nee(ted adions as it determines, a as the contracling officer may determine, lo be reasonably necessary to proted the life and health of employees on the job and the safety of the public and to prdect prt^erty in connedion with the performance ofthe wak covered by the confract. 2. It is a condrtion ofthis contract, and shall be made a ctxicfition of each subcontract, which the confrador enters into pursuant to this contrad, that Hie confrada and any subcontrada shall not penmit any employee, in performance df the contract, to wak in surroundings a under condittons which are unsanitary, hazardous a dangerous to his/her healUi a safety, as detennined under construdion safety and healtti standards (29 CFR 1926) promulgated by the Secretary of Laba, in accadance with Section 107 ofthe Contract Worit Hours and Safety Standards Ad (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition ofthis contract that the Secretary of Laba a authorized representative ttiereof, shall have right of entry to any sile of contract performance to insped a investigate the matter of compliance with ttie construdion safety and health standards and to cany out the duties ofthe Secretary under Sedion 107 of the Contrad Worit Hours and Safety Standards Ad (40 U.S.C.3704). VIM. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provisitxi is applicabie to all Federal-aid construction confracts and to all related subconfrads. In order to assure high quality and duratile ccnstruditxi in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, confractas, suppliers, and wakers on Federal- aid highway projeds, it is essential that all persons concerned witii the projed perfonn their functions as carefolly. thorous^ly, and honestly as possible. V\fillfol falsification, distortion, or misrepresentation witti respect to any fads related tothe prefect is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Fomn FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one amae places where it is readily available lo aH persons concemed wiUi the projed: 18 U.S.C. 1020 reads as fdlows: ^ DBE—04/17/13 8 Contract No. 4012 Coastal Rail Trail Reach 1 Page 123 of 178 Pages "Whoever, being an officer, agent, a employee ofthe United Slates, a of any State or Territory, a whoever, whether a person, association, firm, or corpaaUon, knowingly makes any false statement, false representatton. a false report as to the charader, quality, (^antity, a cost ofttie material used a to be used, a ttie quantity a quality of the wak performed or to be perfamed. or the cost thereof in connedion wilh the »jbmission of plans, maps, specifications, contrads, a costs of construction on any highway or related projed submWed fa approval to the Secretary of Transportation; a Whoever knowingly makes any false statement, false representation, false report a false dabn with resped to the (^arader, quality, quantity, a cost of any work perfonned a to tie performed, a materials fomished or to be fomished. in connedion with the construdion of any highway or rdated prqect approved by the Secretary <tf Transportation; a Whoever knovwngly makes any false statement a false representation as to material fact in any statement, certificate, a report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1.1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title a imprisoned nd more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT ANO FEDERAL WATER POLLUTION CONTROL ACT This provision Is applicable to all Federal-aid construction confrads and to all related subcontrads. By submission ofthis bid/proposal or the execution ofthis confract, a subcontrad, as appropriate, the bidder, proposer, Federal-aid constmdion contracta, a subcontrada, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is a will be utilized in the performance ofthis confract is nd prohibited from receiving an award due lo a vidation of Section 508 of the Clean Water Ad a Sedion 306 ofthe Clean Air Act. 2. That the contrada agrees to indude a cause lobe included the requirements of paragraph (1) of this Sedion X in every subcontract, and further agrees to take such adion as the confrading agency may dired as a means of enfacing such requirements. X. CERTIFICATION REGARDING DEBARMENT. SUSPENSION, INELIGIBILITY ANO VOLUNTARY EXCLUSION This provision Is applicable to all Federal-aid construction confrads. design-build contracts, subconfrads, lower-tier subconfrads, purchase orders, lease agreements, consultant confrads a any dher covered transadion requiring FHWA approval or that is estimated to cost $25,000 a more - as deflned in 2 CFR Parts 180 and 1200, 1. Instructions for Certification - First Tier Participants: a. By signing and submitting this pM-oposal, the prospective first tier participant is providing the certification set out below. b. The inatJility of a person to provide the certification set out below will not necessarily resuit in denial of participation In this covered transadion. The prospective flrst tier participant shall suimit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connedion vMth the department or agency's determination whetiier to enter into tills transadion. However, failure of ttie prqspedive first tier participant to fomish a certification a an explanation shall disqualify such a person from participation in this transaction. c. The certification in this dause is a material representation of fact upon which reliance was placed when the contradiig agency detemnined to enter into this transadion. If il is later determined that Uie fM'ospedive partidpant knowingly rendered an erroneous certificatioi, in addXfon to dher remedies available to the Federal Government, the confracting agency may terminate tills transadion fa cause trf default. d. The prospedive first tier partidpant shall provide immediate written ndice to the contracting agency to whom Hiis proposal is submitted if any tsne the prospedive first tier participant learns that its certification was erroneous when sutanitted a has become erronetxjs by reastxi of changed circumstances. e. The temns "covered transadion." "deban-ed," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions' refers to any covered transaction between a g-antee a subgrantee of Federal fonds and a participant (such as the prime a general contract). "Lower Tier Covered Transadlons' refers to any covered transaction under a First Tier Covered Transadion (such as subcontrads). "First Tier Partidpant" refers tothe partidpant who has entered into a covered transadion with a g-antee a subgantee of Federal fonds (such as the prime a general contracta). "Lower Tier Partidpant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontradors and suppliers). f. The fH-ospecAive first tier partidpant agees by submitting this proposal lhat. should the proposed covered fransaction be entered into, it shall nd knowingy enter into any lower tier covered transaction with a person who is deban^ed. suspended, declared ineligible, a voluntarily excluded from participation in this covered transadion, unless authorized by the department a agency entering into this transaction. g. The prospective first tier partidpant further agrees by submitting this proposal that it will indude the clause titled "Certification Regarcfing Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department a contracting agency, entering into this covered transaction, withtxit modification, in all lower tier covered transactitxns and in aR sdicitations fa lower tier covered transadlons exceeding the $25,0(K) threshold. h. A partidpant in a covered transadion may rely upon a certificati(xi of a prospedive participant in a lower tier covered fransaction that is nd deban-ed, suspended, ineligibie, a vduntarily excluded from the covered transadion, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are net suspended, debanred, or ottierwise ineligible to participate in covered fransadions. To verify the eligibility of its principals, as well as the eligibility (rf any lower tia prospective participants, each participant may, but is not required to, check the Excluded Parties List System website <httDs./Avww.eDls.Qov/). which Is compiled by the General Services Administration. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 124 of 178 Pages i. Nothing contained in the faegdng shall be construed to require the establishment of a system of records in ader to render in good faith the certification required by this clause. The knowledge and information of the prospedive participant is nd required to exceed lhat which is normally possessed by a prudent person in the adinary course of business dealings. j. Except fa transactions authorized under paragraph (f) of these instrudions, if a particqiant in a covered transaction knowlngy enters Inlo a lower tier covered transaction wilh a person who is suspended, debarred, ineligible, a voluntarily excluded from participation in ttiis transadion, in addition to other remedies avallatie tothe Federal Government, the department a agency may terminate this transadion fa cause or default. 2. Certification Regartflng Debarment, Suspension, Ineilgibillty and Voluntary Exclusion - First l\w Participants: a. The prospective first tia- participant certifies to the best of its knowledge and bdief. that it and Its principals: (1) Are not presently deban-ed, suspended, proposed fa debarment, declared ineligible, a vduntarily excluded from participating in covered fransadions by any Federal department a agency; (2) Have nd within a three-year period preceding this proposal been convicted of a had a civil judgment rendered against ttiem fa commission of ft-aud a a criminal offense in connection vrith obtaining, attempting to obtain, a performing a public (Federal, State a local) transadion or contract under a public transadion; violation of Federal or State antitm^ statutes a commission of embezzlement, theft, fagery, bribery, falsification a destructi(»i of recads, making false ^alements, a receMng stolen property; (3) Are nd presently iidlded for a otherwise criminally a dvilly chars^ by a governmental entity (Federal, State a local) with commission of any of the offenses enumerated in paragraph (aK2) of this certification; and (4) Have not within a three-year period preceding this applicdtion/pr(^osal had one or mae public fransadions (Federal, State a local) terminated fa cause or default. b. Where the prospedive participant is unable to certify to any (rf the statements in this certiflcatitxi, such prospective participant shall attach an explanation lo this proposal. 2. Instructions for Certlflcsttlon - Lower Tier Participants: (Applicat>le to all subcontracts, purchase aders and dther lower tier transadlons requiring pria FHWA approval a estimated lo cost $25,000 a more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospedive lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this titinsadlon was entered into. If it is later determined that the {Mospective lower tier participant knowlngy rendered an en-oneous certification, in addition toother remecfies available to the Federal Govemment, the department, a agency with which this transadion aiginated may pursue available remedies, including suspension and/a debarment. c. The prospedive lower Her partidpant shall provide immediate written ndice to the person to which this prc^osal is submitted if at anytime ttie prospective lower tier participant leams ttial its certification was erroneous by reason of changed arcumstances. d. The temns "covered transadion," "debarred." "suspended," "Ineligible." "partteipant," "person," "principaJ," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contad the person to which this proposal is submitted fa assistance in obtaining a copy of those regulations. "Rrst Tier Covered Transactions" refers to any covered transaction fc>^een a grantee a subgantee (rf Federal fonds and a parttcipant (such as the prime a general contrad). "Lower Tier Covered Transadlons" refers to any covered transadion under a First Tier Covered Transadion (such as subcontrads). "First Tier Partidpant" refers to the partidpant who has entered inlo a covered fransaction with a grantee a subgrantee of Federal fonds (such as the prime or general contrada). "Lower Tier Participant" refers any participant who has entered into a covered transactitxi with a First Tier Participant or other Lower Tier Participants (such as subcontradors and suppliers). e. The prospedive lower tier participant agrees by submitting this proposal that, should the proposed covered fransaction be entered into, it shall not knowlngy enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, a voluntarily exduded from participation in this covered transaction, unless authorized by ttie department a agency witii vrfilch this fransactic^ orignated. f. The jwospedive lower tier participant forther agrees by submitting this proposal that it will indude tiiis clause titled "Certification ReganSng Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered fransactions and in all solicftations for lower tier covered transadlons exceeding ttie $25,000 threshdd. g. A participant in a covered transadion may rely upon a certification of a prospective participant in a lower tier covered fransadion that is nd deban-ed, suspended, ineligible, a vduntarily excluded from the covered transadion, unless it knows that the certification is errone(XJS. A participant is responsible for ensuring that its prindpals are nt)t suspended, debarred, or t^erwise ineligible to participate in covered fransadions. To verify the eligibility of its prindpals, as well as the eligibility cf any Itwer tier prospective participants, each participant may, but is nd required to, check the Excluded Parties List System website (https://www.eDls.Qov/). which is compiled by the General Services Administration. h. Ndhing contained in the foregdng shall be conshued to require establishment of a system of recads in ader to render in good faith the certification required by this dause. The knowledge and information trf participant is not required to exceed that which is normally possessed by a prudent person in ttie adinary course of business dealings. i. Except fa transadlons aulhorized under paragraph e of these instructions, if a participant in a covered transaction kn(3wingty enters into a lower tier covered fransaction with a person who is suspended, debanred, ineligible, a voluntarily exduded from participation in this fransaction, in addftlon to other remedies available tothe Federal Govemment, the 10 DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 125 of 178 Pages department a agency with which this Iransaclitxi txiginated may pursue available remecSes, including suspension and/a debarment. Certification Regarding Debarment, Suspension, Ineliglbiilty and Voluntary Exclusion-Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission trf this proposal, that neither it nor its principals is presentiy debarred, suspended, proposed fa debarment, dedared ineiigibie, a vduntarily exduded from participating in covered transadlons by any Federal department a agency. 2. Where the prospedive lower tier participant is maUe to certify to any of the statements in this certiflcatitxi, such prospective participant shall attach an explanation tothis proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provisi(xi is applicable to ali Federal-aid constructi(xi confrads and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospedive participant certifies, by signing and submitting this bid a proposal, to ttie best of his or tier knowledge and belief, that: a. No Federal appM-opriated fonds have been paid a will be paid, by or on behalf of the undw-signed, to any person fa influencing cr attempting to influence an officer or employee of any Federal agency, a Member of Congress, an trfficer or empl(vee of Congress, a an employee of a Member of Congress in connecUon wilh the awarding of any Federal confrad, the making of any Federal grant, the making of any Federal loan, the entering into trf any cooperative ageement. andthe extension, continuation, renewal, amendment, a modification of any Federal confrad, grant, loan, a ctjopcrative agreement. b. If any funds otherthan Federal appropriated funds have been paid a will be paid to any person fa influencing or attempting to influence an officer a employee (rf any Federal agency, a Member of Congress, an officer a employee of Congress, a an emptoyee of a Member of Ctxigress in connection with this Federal contract, grant, loan, or cotjperative agreement, the undersigned shall complete and submit Standard Fomn-LLL, "Disclosure Fomn to Reptxt Lobbying," in accordance with its instmctions. 2. This certification is a material representation of fad uptxi which reliance was placed when this transadion was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file tine required certification shall be sutqed to a dvil penalty of not less than $10,000 and not mae than $100,000 fa each such failure. 3. The prospective participant also agees by submitting its bid a proposal that the participant shall require that the language of this certificatitxi be induded in all lower Her subcontrads, which exceed $100,000 and lhat all such recipients shalt certify and disdose accadingy. 11 V DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 126 of 178 Pages FEDERAL-AID FEMALE AND MINORITY GOALS To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are goals for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000: The nationwide goal for female utilization is 6.9 percent. The goals for minority utilization [45 Fed. Reg. 65984 (10/3/1980)] are as follows: Minority Utilization Goals Economic Area Goal (Percent) 174 Redding CA: Non-SMSA Counties: 6.8 CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehema 175 Eureka, CA Non-SMSA Counties: 6.6 CA Del Norte; CA Humboldt; CA Trinity 176 San Francisco-Oakland-San Jose, CA: SMSA Counties: 7120 Salinas-Seaside-Monterey, CA 28.9 CA Monterey 7360 San Francisco-Oakland 25.6 CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA CA Santa Clara, CA 19.6 7485 Santa Cruz, CA CA Santa Cruz 14.9 7500 Santa Rosa CA Sonoma 9.1 8720 Vallejo-Fairfield-Napa, CA CA Napa; CA Solano 17.1 Non-SMSA Counties: CA Lake; CA Mendocino; CA San Benito 23.2 177 Sacramento, CA: SMSA Counties: 6920 Sacramento, CA 16.1 CA Placer; CA Sacramento; CA Yolo Non-SMSA Counties 14.3 CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba 178 Stockton-Modesto, CA: SMSA Counties: 5170 Modesto, CA 12.3 CA Stanislaus 8120 Stockton, CA 24.3 CA San Joaquin Non-SMSA Counties 19.8 CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Toulumne 179 Fresno-Bakersfield, CA SMSA Counties: 0680 Bakersfield, CA 19.1 CAKem 2840 Fresno, CA 26.1 CA Fresno Non-SMSA Counties: 23.6 CA Kings; CA Madera; CA Tulare DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 127 of 178 Pages 180 Los Angeles, CA: SMSA Counties: 0360 Anaheim-Santa Ana-Garden Grove, CA 11.9 CA Orange 4480 Los Angeles-Long Beach, CA 28.3 CA Los Angeles 6000 Oxnard-Simi Valley-Venmra, CA 21.5 CA Ventura 6780 Riverside-San Bernardino-Ontario, CA 19.0 CA Riverside; CA San Bemardino 7480 Santa Barbara-Santa Maria-Lompoc, CA 19.7 CA Santa Barbara Non-SMSA Counties 24.6 CA Inyo; CA Mono; CA San Luis Obispo 181 San Diego, CA: SMSA Counties 7320 San Diego, CA 16.9 CA San Diego Non-SMSA Counties 18.2 CA Imperial For each July during which work is performed under the contract, you and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15. FEDERAL TRAINEE PROGRAM SPECIAL PROVISIONS This section applies if a number of trainees or apprentices is specified in the special provisions. As part of your equal opportumty affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved. You have primary responsibility for meeting this training requirement. If you subcontract a contract part, detennine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in your subcontract. Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training. Distribute the number of apprentices or trainees among the work classifications on the basis of your needs and the availability of journeymen in the various classifications within a reasonable recruitment area. Before starting work, submit to the City of Carlsbad. 1. Number of apprentices or trainees to be trained for each classification 2. Training program to be used 3. Training starting date for each classification Obtain the City of Carlsbad's approval for this submitted information before you start work. The City of Carlsbad credits you for each apprentice or trainee you employ on the work who is currently enrolled or becomes enrolled in an approved program. The primary objective of this section is to train and upgrade minorities and women toward journeymen status. Make every effort to etu-oU minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area. Show that you have made the efforts. In making these efforts, do not discriminate against any apphcant for training. Do not employ as an apprentice or trainee an employee: 1. In any classification in which the employee has successfully completed a training course leading to joumeyman stams or in which the employee has been employed as a joumeyman 2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training V DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 128 of 178 Pages Ask the employee if the employee has successfully completed a training course leading to joumeyman status or has been employed as a joumeyman. Your records must show the employee's answers to the questions. In your training program, establish the minimum length and training type for each classification. The City of Carlsbad and , FHWA approves a program if one of the following is met: 1. It is calculated to: 1.1. Meet the your equal employment opportunity responsibilities 1.2. Quahfy the average apprentice or trainee for joumeyman status in the classification involved by the end of the training period 2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training and it is administered in a way consistent with the equal employment responsibilities of federal-aid highway constmction contracts Obtain the State's approval for your tiaining program before you start work involving the classification covered by the program. IProvide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward consttuction applications. Training is allowed in the laborer classification if significant and meaningful tiaining is provided and approved by the division office. Off-site ttaining is allowed if the ttaining is an integral part of an approved ttaining program and does not make up a significant part of the overall ttaining. The City of Carlsbad reimburses you 80 cents per hour of ttaining given an employee on this conttact under an approved ttaining program: 1. For on-site ttaining 2. For off-site ttaining if the apprentice or ttainee is currentiy employed on a federal-aid project and you do at least one of the following: 2.1. Conttibute to the cost of the ttaining 2.2. Provide the instmction to the apprentice or ttainee 2.3. Pay the apprentice's or ttainee's wages during the off-site ttaining period 3. If you comply this section. Each apprentice or ttainee must: 1. Begin ttaining on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill 2. Remain on the project as long as ttaining opportunities exist in the apprentice's or ttainee's work classification or until the apprentice or ttainee has completed the ttaining program Fumish the apprentice or ttainee: 1. Copy of the program you will comply with in providing the training 2. Certification showing the type and length of training satisfactorily completed Maintain records and submit reports documenting your performance under this section. TITLE VI ASSURANCES During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows: (1) Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 129 of 178 Pages (2) Nondiscrimination: CONTRACTOR, with regard to tiie work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employ- ment practices when the agreement covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR'S obligations under this Agreement and the Regulations relative to nondiscrimi- nation on the grounds of race, color, or national origin. (4) Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the Califomia Department of Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. (5) Sanctions for Noncompliance: In the event of CONTRACTOR'S noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not hmited to: (a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the Califomia Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of Transportation enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS SECTION DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 130 of 178 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. A(dd the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specifications, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2 Aggregate Base and as specified herein. 200-2^7 cS 2^Agg^^^^ 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, portiand cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aqqregate shall conform to the grading and quality requirements shown in the following tables At the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch niaxinnum shall be used, except that once a grading is selected it shall not be changed without the Engineers written approval. AGGREGATE GRADING REQUIREMENTS Percentage Passing 3/4" Maximum Operating Sieve Sizes Range 2" — 11/2" — 1" 100 3/4" 90-100 No 4 35-60 No. 30 10-30 No. 200 2-9 QUALITY REQUIREMENTS Operating Tests Flange Resistance (R-value) 78 Min. Sand Equivalent 25 Min. Durability Index 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance requirements, placement of the aggregate base may be continued for the remainder of that day. However, another dav'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 tor "Operating Range." If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 131 of 178 Pages 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) PORTLAND CEMENT CONCRETE Type of Construction Concrete Class Maximum Slump mm (Inches) All Concrete Used Within the Right-of-Way 330-C-23 (560-C-3250) Trench Backfill Slurry 115-E-3 (190-E-400) 200 (8") Street Light Foundations and Survey Monuments 330-C-23 (560-C-3250) 100 (4") Traffic Signal Foundations 350-C-27 (590-C-3750) 100 (4") Concreted-Rock Erosion Protection 310-C-17 (520-C-2500P) per Table 300-11.3.1 (1) Except that concrete required to be of higher strength by Table 2C 1-1.1.2(A) SSPWC shall be as per Table 201-1.1.2(A) SSPWC. (2) As per Table 201 -1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201-1.2 Materials. 201-1.2.4(a) Integral Colored Concrete. Add the following: Integral color shall consist of colored admixtures developed for use in ready mixed concrete. The product shall be made of the highest quality pigments, as well as other ingredients designed to enhance the color and improve the pigment dispersion, workability and finishing performance of the concrete. Integral color pigments shall meet or exceed ASTM-C-979. The coloring method shall be designed for concrete flatwork applications (salt finished, broom finishes, rotary finishes), as well as vertical surfaces, and other types of architectural concrete. Pigment shall be a permanent coloration, uniform throughout the concrete surface and interior, and shall be highly UV and fade resistant. Integral colored concrete shall be cured with QC Color Cure color matched to the concrete (see product information bulletin). Provide sample panel submittals of all colors to be used in the installation on identical surfaces for approval by Resident Engineer. Contractor shall provide a maintenance schedule for integral colored concrete. V DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 132 of 178 Pages Admixture for all integral colored concrete paving in medians and other integral colored concrete shall be the following: Color: per Landscape Architect's recommendation Curing: Scofield Colorcure Concrete Sealer (or approved equal). See Section 201 of these Supplemental Provisions for Concrete Curing Materials. Manufacturer: Scofield Chromix Admixtures for color-conditioned concrete, or approved equal L.M. Scofield Company 6533 Bandini Boulevard Los Angeles, CA 90040 1-800-800-9900 Admixture products and procedures for installation shall be in strict accordance with the manufacturer's specifications and recommendations, and those published by the American Concrete Institute (ACl) and the Portland Cement Association (PCA). 201-1.2.4 Chemical Admixtures, (e) Air-Entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. Add the following: 201-1.6 Finish: Random stone stamped pattern with heavy sandblast to match existing median paving. Add the following: 201 -1.7 Miscellaneous Concrete Finishing Products. 201-1.7.1 Water Base Penetrating Sealer for Integral Colored Concrete. (Scofield Colorcure Concrete Sealer or approved equal) Water base penetrating sealer shall be a sealer designed for the protection of imprinted and natural concrete. Water base penetrating sealer shall be a sealer designed for the protection of imprinted, colored and natural concrete, and other masonry surfaces to preserve the natural appearance of the masonry without darkening or adding gloss to the surface. It shall presen/e the natural slip resistance of the concrete, etc. Sealer shall repel spills and soils, minimizing staining and maintenance. Seal shall leave no visible material on the surface and shall be absorbed and locked into the pores of the masonry, repelling liquids and soils but leaving the top surface natural in appearance. Install per manufacturer's directions. Seal shall be compatible with the surfaces and materials which it is applied. Concrete sealer shall conform to the following specifications: Color: Clear, non-yellowing Odor: Mild Flash Point: None (C.O.C. method) Specific Grav.:1.03 Density: 8.6 pounds per gallon Drying Time: 30 minutes to 60 minutes Cure Time: 24 to 48 hours VOC Content: None (0 g/l) excluding water Polymer Type: Proprietary Reactive Resin System RRF—04/17/1 .'^ Grintract No. 4012 Coastal Rail Trail Reach 1 Paoe 133 of 178 Paoes Coverages (approximate): Smooth Concrete: 300 to 400 square feet per gallon Rough Concrete: 200 to 300 square feet per gallon Note: Coverages vary depending on porosity and condition of surface and method of application. Method of: Airfess sprayer. Application Manufacturer: Scofield Chromix Admixtures for color-conditioned concrete, or approved equal L.M. Scofield Company 6533 Bandini Boulevard Los Angeles, CA 90040 1-800-800-9900 All materials shall be furnished, prepared, applied, cured, and stored according to the product manufacturer's direction. 201-1.2.4 Chemical Admixtures, (e) Air-entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS 201-3.4 Type "A" Sealant (Two-Part Polyurethane Sealant). Add the following: All finished concrete surfaces shall have a I/2" continuous expansion joint at locations indicated on the plans and notes and shall be located either parallel to perpendicular to the curb line. When not othen/vise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type "A" and colored to match the color of the concrete surface. Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or detenoration of joint substrates. Contractor shall submit product data from the manufacturer of each joint sealant product required, including Instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer's standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applications similar in matenal, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. Provide color selections made by Engineer from manufacturer's full range of standard colors for products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment Type "A" as specified in Section 201-1.2.4(a) of these Special Provisions. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 134 of 178 Pages Joint sealants shall be multi-component polyurethane sealant. Except as othenwise indicated, provide manufacturer's standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-sag. Type ll. Acceptable Products: "Sonneborn NPN"; Sonneborn Building Products Division; "Scofield Lithoseal Trafficalk 3-G", L.M. Scofield Company; or equivalent, as approved by the Engineer. Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polystyrene foam is not acceptable. 201-3.7 Type "D" Joint Sealant. Add the following: Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C (400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portiand cement concrete. Performance characteristics of the cured hot-melt rubberized asphalt shall be as per Table 201-3.7(A). TABLE 201-3.7(A) CURED HOT-MELT RUBBERIZED ASPHALT Property Measuring Standard (ASTM Designation) Results Conditions Cone Penetration ASTM D 3407. Sec. 5 3.5 mm, max. 25°C. 150 g, 5 s Flow. 60X ASTM D 3407, Sec. 6 5 mm. max. Resilience ,ASTM D 3407. Sec. 8 25%. min. 25°C Softening Point, ASTM D 36 82 °C. min. Ductility. ASTMD 113 300 mm. min. 25°C, 50 mm/min Flash Point. COC, °C ASTM D 92 288 °C. min. Viscosity, Brookfield Thermosel, ASTM D 4402 2.5-3.5 Pa-s No. 27 Spindle, 20 rpm, 190°C, SECTION 203 - BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. ADD the following: 203-6.2.1 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the Asphalt Binder content is within -i-/-0.3% of the design mix and the gradation conforms to the grading as shown in Table 203-6.4.3 (A). Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix complies with the requirements for Stabilometer Value per Table 203-6.4.3 (A) Plant inspected asphalt concrete will be considered in conformance with the mix design when visually inspected and the combined gradation of the Bin samples show conformance to the grading as shown in Table 203-6.4.3 (A). nRF—04/17/1 r.nntrant No 4niP Goa.cstal Rail Trail Reach 1 Pane 135 of 178 Paaes 203-6.4 Asphalt Concrete Mixtures. Add the following: Conventional Asphalt concrete shall be class C2-PG64-10-RAP for surface course, and B-PG64-10-RAP for base course. Asphalt concrete shall be class D2-PG70-10 for dikes and class E-PG70-10 for 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 Stability^ in accordance with the Asphalt Institute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. ^Only use Marshall Stability when the deviation between individual Hveem Stabilometer Values are greater than -I-/-5. When using core sample analysis, the samples must be properfy prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. 203-6.8 Asphalt Concrete Storage, add the following: Storage of hot mix asphalt concrete shall not be allowed for usage on this project. SECTION 206 - MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. 206-7.1 Roadside Signs. This work shall consist of furnishing and installing roadside signs in accordance with details shown on the plans, the California Sign Specifications and these special provisions. Permanent and temporary signs shall be free from blemishes that may affect the sen/iceability and detract from the general sign color and appearance when viewing dunng daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wnnkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks. 206-7.1.2 Sign Identification. The following notation shall be placed on the lower nght side of the back of each sign where the notation shall not be blocked by the sign post or frame: DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 136 of 178 Pages A. PROPERTY OF THE CITY OF CARLSBAD (or CITY OF OCEANSIDE) B. Name of the sign manufacturer, C. Month and year of fabrication, D. Type of retroreflective sheeting, and E. Manufacturer's identification and lot number of retroreflective sheeting. The above notation shall be applied directly to the aluminum sign panels in 1/4-inch upper case letters and numerals by die-stamp and applied by similar method to the fiberglass reinforced plastic signs. Painting, screening, or engraving of the notation will not be allowed. The notation shall be applied without damaging the finish of the sign. 206-7.1.3 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. 206-7.1.4 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV pnsmatic sheeting (High Intensity Prismatic or equivalent) or Type IX pnsmatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation D4956 and conforming to the requirements of these special provisions. 206-7.1.5 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation B209. Sheet aluminium shall be pretreated in accordance to ASTM Designation B449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly adherent chromate conversion coating free of powdery residue. The conversion coating shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating ^ process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. 206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on 10-gage or 12-gage cold- rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45 or, when the sign area exceeds the maximum area allowed for on that drawing, on multiple 10-gage or 12-gage cold-rolled steel perforated tubing posts. The number of posts shall be determined by the parameters in SDRS drawing M-45 or as approved by the Engineer. Traffic signs will be provided with back braces and mounting blocks as approved by the Engineer consisting of 10-gage or 12-gage cold-rolled steel perforated tubing when multiple posts are used. 206-7.1.6 Traffic Sign Posts. Posts shall be constructed of 10-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45. 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor's performance of the Work. Temporary traffic signs include both stationary and portable signs. 206-7.2.1 General. This work shall consist of furnishing and installing temporary signs in accordance with details shown on the plans, the California Sign Specifications and these special provisions. Permanent and temporary signs shall be free from blemishes that may affect the serviceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air DRE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Paoe 137 of 178 Paaes bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks. 206-7.2.2 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. 206-7.2.3 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation D4956 and conforming to the requirements of these special provisions. 206-7.2.4 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation B209. Sheet aluminium shall be pretreated in accordance to ASTM Designation B449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly adherent chromate conversion coating free of powdery residue. The conversion coating shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on 10-gage and 12-gage cold-rolled steel perforated tubing posts in the same manner shown on the State of California, Department of Transportation Standard Plans RSI, RS2, RS3 and RS4 for installation of roadside signs, except as follows: a) Wood posts shall not be used. b) Back braces and blocks for sign panels will not be required. c) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m (7'). d) Unless othen/vise shown on the plans traffic sign posts shall conform in materials and installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m^ (5ft^)of sign area, or the signs may be installed on existing lighting standards when approved by the Engineer. e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements of these special provisions. 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 10-gage or 12-gage cold-rolled steel perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post size and number of posts shall be as shown on the plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the plans, post size and the number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate. 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of these special provisions, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and legend requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these special provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12"). All parts of the sign standard or framework shall be finished with 2 applications of orange enamel which will match the color of the sign panel background. Testing of paint will not be required. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 138 of 178 Pages Add the following section: 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS. Add the following section: 206-8.1 General. This Section pertains to 10-gage and 12-gage cold-rolled steel perforated tubing used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching operations have been completed. Cold-rolled steel perforated tubing shall be perforated on all four faces with 11mm (7/16") holes on 25 mm (1") centers. Add the following section: 206-8.2 Tolerances. Wall thickness tolerance shall not exceed -1-0.28 mm, -0.13 mm (-1-0.011", -0.005"). Convexity and concavity measured in the center of the flat side shall not exceed a tolerance of -i-0.25 mm (-HO.010") applied to the specific size determined at the corner. Straightness tolerance variation shall not exceed 1.6 mm in 1 m (1/16 " in 3'). Tolerance for corner radius is 4.0mm (5/32"), plus or minus 0.40 mm (1/64"). Weld flash on corner-welded square tubing shall permit 3.60 mm (9/64") radius gage to be placed in the corner. Using 10-gage or 12-gage square tube, consecutive size tubes shall telescope freely for 3.1m (10'). Tolerance on hole size is plus or minus 0.40 mm (1/64") on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (1/8" in 20'). In addition, for the following specific sizes of light gage steel tubing, dimensional tolerances shall not exceed those listed in tables 206-8.2 (A) and 206-8.2(B). TABLE 206-8.2(A) LIGHT GAGE STEEL TUBING SIZE TOLERANCE Nominal Outside Dimensions Outside Tolerance for All Sides at Corners mm (Inches) mm (inches) 25x25 (1x1) 0.13 0.005 32x32 (1V4XIV4) 0.15 0.006 38x38 (IV2XIV2) 0.15 0.006 44x44 (1%xl74) 0.20 0.008 51 x51 (2x2) 0.20 0.008 56x56 (2=^/16x2^16) 0.25 0.010 57x57 (2V4X2V4) 0.25 0.010 64x64 (2V2X2V2) 0.25 0.010 51 x76 (2x3) 0.25 0.010 TABLE 206-8.2(B) LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST Nominal Outside Dimension mm (Inches) Squareness^^^ mm (Inches) Twist Permissible in 900 mm (3") mm<^) (lnches)<^> 25x25 (1x1) 0.15 0.006 1.3 0.050 32x32 (I-V4XI-V4) 0.18 0.007 1.3 0.050 38x38 (I-V2XI-V2) 0.20 0.009 1.3 0.050 44x44 (1-^4X1-%) 0.25 0.010 1.6 0.062 51 x51 (2x2) 0.30 0.012 1.6 0.062 56x56 (2-^16X2-^16) 0.36 0.014 1.6 0.062 57x57 (2-V4X2-V4) 0.36 1.014 1.6 0.062 64x64 (2-V2X2-V2) 0.38 0.015 1.9 0.075 51 x76 (2x3) 0.46 0.018 1.9 0.075 DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Paae 139 of 178 Paaes ^^^^^ Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed. ^'^^ Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of the tube parallel to the surface plate, and noting the height that either corner on the opposite end of the bottom side is above the surface plate. Add the following section: 206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel perforated tubing shall be steel "pull-through" electrogalvanized rivets with 9.5 mm (3/8") diameter shank, 22 mm (7/8") diameter head, and a grip range of from 5 mm (0.200") to 0.90 mm (0.356"). The fasteners shall conform to ASTM B-633. Type III Add the following section: 206-9 PORTABLE CHANGEABLE MESSAGE SIGN Add the following section: 206-9.1 General. Each portable changeable message sign (PCMS) unit shall consist of a controller unit, a power supply, and a structural support system ail mounted on a trailer. The PCMS unit shall be assembled to form a complete self-contained portable changeable message sign, which can be delivered to the site of the work and placed in immediate operation. The complete PCMS unit shall be capable of operating in an ambient air temperature range of -20°C (-4°F) to +70°C (158°F) and shall not be affected by unauthorized mobile radio transmissions. The trailer shall be equipped so that it can be leveled and plumbed. Full operation height shall be with the bottom of the sign at least 2.1 m (7') above the ground and the top no more than 4.4 m (14.5') above the ground. After initial placement, PCMS shall be moved from location to location as directed by the Engineer Add the following section: 206-9.2 Message Board. The message displayed on the PCMS shall be visible from a distance of 460 m (1500') and shall be legible from a distance of 230 m (750'), at noon on a cloudless day, by persons with vision corrected to 20/20. The sign panel shall be 3-line matrix and shall display not less than 7 characters per line. Sign messages to be displayed shall be as approved by the Engineer. The sign face shall be flat black and shall be protected from glare of the sun by a method which does not interfere with the clarity of the sign message. The sign shall be raised and lowered by means of a power driven lifting mechanism. The matrix sign shall be capable of complete alphanumeric selection. Lamp matrix type signs shall be equipped with an automatic dimming operational mode that automatically compensates for the influence of a temporary light source or other abnormal lighting conditions. The sign shall have manual dimming operation modes of 3 or more different lamp intensities. Matrix signs not utilizing lamps shall be either internally or externally illuminated at night. The controller shall be an all solid-state unit containing all the necessary circuitry for the storage of at least 5 pre-programmed messages. The controller shall be installed in a location allowing the operator to perform all functions from one position. A keyboard entry system shall be provided to allow an operator to generate an infinite number of additional messages over the pre-programmed stored messages. The keyboard shall be equipped with a security lockout feature to prevent unauthorized use of the controller. The controller shall contain a nonvolatile memory to hold the keyboard created messages in memory during periods when the power is not activated. The controller shall provide for a variable message display rate which allows the operator to match the information display to the speed of the approaching traffic. The flashing off time shall be operator adjustable within the control cabinet. Add the following section: 206-9.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained at locations shown on the plans, specified herein, or designated by the Engineer. The PCMS will be diligently maintained and repaired by the Contractor throughout the project in accordance with the DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 140 of 178 Pages manufacturer's recommendations. When ownership is transferred to the City (at the end of the job), it must be demonstrated to be in good working condition, and meet the provisions of these specifications, including current registration. Add the following section: 206- 9.4 Measurement and Payment. The contract unit price PCMS shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing, placing, operating, maintaining, repairing, replacing, transporting from location to location, and delivery of the signs to the City at the completion of the construction, in good working order, and as directed by the Engineer, and no other compensation will be made. SECTION 207 - PIPE 207- 2 REINFORCED CONCRETE PIPE. 207-2.5 Joints. Add the following: When watertight joints are indicated on the plans they shall be of the rubber-gasketed type meeting the requirements of ASTM Standard Specification designations C 361-95 and C 443-94. Pipe designated in the plans as "pressure pipe" or with a 100-year hydraulic grade line at or above the soffit shall be bell and groove spigot joint with "O" rings conforming to ASTM C-443 and C-361 for the limits shown on the plans. 207-9 IRON PIPE AND FITTINGS 207-9.2.2 Pipe Joints Unless othenA/ise shown on the Plans, all joints shall be the push-on type joint. Joints and accessories shall conform to the requirements and dimensions specified in ANSI A21.11, AWWA Cl 11. Rubber gasket material shall conform to 208-1.2 and AWWA Cl 11 and ANSI A21.11-90. 207-9.2.3 Fittings. Add the following: Ductile iron pipe and fittings shall be manufactured in accordance with ANSI 21.50, AWWA C150 and ANSI 21.51. AWWA C151, and shall be of the size and thickness classes shown on the Plans. Unless othenA/ise specified, size 4-inches through 6-inches DIP shall be thickness Class 52. while size 8-lnches and larger shall be thickness Class 50. 207-9.2.4 Lining and Coating. Replace with the following: Unless othenA/ise specified, all iron pipe and fittings shall be lined with double thickness, cement motor lining with cement confonning to ASTM C150 Type ll. AWWA C104//\21.4.90 and outside coating of bituminous coating a minimum of 2 mils, thick in accordance with AWWA C151 or C100. Add the following section: 207-25 UNDERGROUND UTILITY MARKING TAPE. Add the following section: 207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Marking Tape shall have a minimum 0.13 mm (0.005") overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall conform to the properties listed in Tables 207-25(A) and 207-25 (B). TABLE 207-25.1 (A) DETECl FABLE UNDERGROUND UTIUTY MARKING TAPE PROPERTIES Propertv Method 1 Value Thickness ASTMD2103 | 0114 mm (0.0056") nRF—04/17/1 .'^ Gnntraot No 401P Goastal Rail Trail Rfiar^h 1 Paoe 141 of 178 Paoes Property Method Value Tensile strength ASTM D882 4500g/cm (25 lbs/inch) (5,500 PSl) Elongation ASTM D882-88 <50 percent at break Printability ASTM D2578 >50 dynes/square centimeter Flexibility ASTM D671-81 Pliable hand Inks Manufacturing specifications Heat-set Mylex Message repeat Manufacturing specifications Every 500 mm(20") Foil Manufacturing specifications Dead soft/annealed Top layer Manufacturing specifications Virgin PET Bottom layer Manufacturing specifications Virgin LDPE Adhesives Manufacturing specifications >30 percent, solid 1.5#/R Bond strength Boiling H2O at 100 degrees Celsius Five hours without peel Colors APWA Code See Table 207-25.1 (B) TABLE 207-25.1 (B) DETECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS Color Utility Marked Red Electric power, distribution, transmission, and municipal electric systems. Yellow Gas and oil distribution and transmission, dangerous materials, product and steam. Orange Telephone and telegraph systems, police and fire communications, and cable television. Blue Water systems. Green Sanitary and storm sewer systems, nonpotable. Brown Force mains. Purple Reclaimed water lines. Add the following section: 207-25.2 Materials Approvals. Detectable Underground Utility Marking Tape shall meet the requirements of each of the following agency/association publications. A. Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety. USAS code for pressure piping B31.8, paragraph 192.321 (e). B. National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines. Adopted June 7,1974. Report NTSB-PSS-73-1. C. American Petroleum Institute (API). Recommended practice for marking buried liquid petroleum pipelines - APR RP 1109. D. General Services Administration, Washington, DC, Public Buildings Sen/ice Guide Specification for Mechanical and Electrical Equipment - PBS 4-1501, Amendment 2. Page 501-14, Paragraph 18, Subparagraph 18.1, Clause 18.1.1. E. Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards. SECTION 209 - ELECTRICAL COMPONENTS 209 ELECTRICAL COMPONENTS. Modify as follows: Section 86, "Signals, Lighting and Electrical Systems", of the Caltrans Standard Specifications replaces Section 209, "Electrical Components", and Section 307, "Street Lighting and Traffic Signals", of the SSPWC, in all matters pertaining to the specifications for measurement, payment, warranty, materials and methods of construction of street lighting and traffic signals. Section 86 of the Caltrans Standard Specifications is unmodified excepted as specified herein. For electrical components provided and installed in systems NOT including street lighting and traffic signals. Section 209 SSPWC is unmodified except as specified in sections otherthan Section 209, herein. V DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 142 of 178 Pages SECTION 86 - SIGNALS, LIGHTING AND TRAFFIC ELECTRICAL SYSTEMS 86-2 MATERIALS AND INSTALLATION Replace Section 86-2.02 with the following: 86-2.02 Removing and Replacing Improvements. In addition to the requirements of sections 7- 9, "Protection and Restoration of Existing Improvements" and 306-1.5. 'Trench Resurfacing", improvements such as sidewalks, curbs, gutters, portiand cement concrete and asphalt concrete pavement, underlying material, lawns and plants, and any other improvements removed, broken or damaged by the Contractor's operations, shall be replaced or reconstructed with the same kind of material as found on the work or with materials of equal quality. The new work shall be left in a serviceable condition. Whenever a part of a square or slab of existing concrete sidewalk, curb, gutter, or driveway is broken or damaged, the entire square, section or slab shall be removed and the concrete reconstructed as above specified. The outline of all areas to be removed in portiand cement concrete sidewalks and driveways and in pavements shall be cut to a minimum depth of 0.17 foot (2") with an abrasive type saw prior to removing the sidewalk, driveways and pavement material. Cuts shall be neat and true along score lines, with no shatter outside the removal area. 86-6 LIGHTING Replace Section 86-6.03 with the following: 86-6.03 Decorative Street Lighting. The contractor shall be responsible for furnishing and installing all components of the Evolve LED (49W) Post Top Avery Street Dreams (EPAS 05DA41B2A) Black Street Light with Matching Black Pole (H=13'), with Concrete Footing, Pullbox & Conduit with Wiring in accordance with manufacturer's specifications. SDG&E regulations. City of Carisbad Street Lighting Standards, and in accordance with the plans, specifications, and contract documents. Add the following: 86-6.07 Photoelectric Controls. Type IV photoelectric control shall be used unless othenA/ise shown on the plans or required by these special provisions and shall be installed in a receptacle integral with the luminaire. SECTION 210 - PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 210-1.5 Paint Systems. Add the following to Table 210-1.5(A) TABLE 210-1.5 (A) Surface to be Painted Pre-reatment / Surface Preparation Primer Finish Coats Temporary Railing type (K) Abrasive Blast Cleaning to a Roughened. Textured Appearance None Two coats white Acrylic Emulsion Paint (latest revision), Paint, Acrylic Emulsion, Exterior. This paint may be tinted by using "universal" or "all purpose" concentrates. 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CALTRANS Specification No. PTWB-01. nRF—04/17/1.*^ Hontraot No 4012 Coastal Rail Trail Reach 1 Paae 143 of 178 Paoes Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CALTRANS Specification No. 8010-19A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CALTRANS Specification No. 8010-004 (Type II). CALTRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CALTRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS. 212-1.1.1 General. Add the following: Topsoil shall either be Class "A" or Class "C". Topsoil shall be Class "C" in accordance with the requirements of 212-1.1.4. Imported soil, where specified, shall be Class "A" topsoil in accordance with the requirements of 212-1.1.2. 212-1.1.2 Class "A" Topsoil. Add the following: Any amendments to the soil that are needed based on the results provided by the testing agency shall be added at the Contractor's expense at an off-site location and shall be re-tested for conformance with the approved report prior to delivery and placement at the project site. All topsoil testing costs shall be borne by the Contractor. 212-1.1.4 Class "C" Topsoil. Add the following: After rough grading and prior to the start of soil preparation work, an agricultural soil suitability report for all planting areas that contain Class "C" topsoil shall be obtained by the Contractor. The Contractor, at his own expense, shall submit at least 4 site soil samples to a City approved agronomic soil testing laboratory and will include: fertility and suitability analysis with written recommendations for soil amendments including post plant fertilization needs. Samples are to be taken from the top 6" of soil in areas to receive planting. All test results and recommendations shall be provided to the City and approved by City prior to soil preparation. Costs for soil amendments recommended by the testing laboratory shall be borne by the Contractor. 212-1.2.3 Commercial Fertilizer. Add the following: Pre-plant fertilizer shall be granular commercial fertilizer 7-7-7 or approved equal. Post-plant fertilizer shall be 12-4-6 or approved equal with Ca, Fe, Zn. and Mn and with the majority of nitrogen in nonammoniac form to prevent acidification of soil. Planting tablets shall be compressed fertilizer tablets with a 20-10-5 analysis in 21-gram sizes. 212-1.2.4 Organic Soil Amendment. Add the following: For all types of Organic Soil Amendment mulch materials produced from pine trees grown in Alameda. Monterey, Santa Clara, Santa Cruz or San Mateo Counties shall not be used in the Work. Type 1A Organic Soil Amendment shall conform to the requirements for type 1 Organic Soil Amendment except as modified hereinafter. Type IA Organic Soil Amendment shall be a wood or rice residual product derived from the bark of pine, white fir, or red fir or cedar or redwood shavings or rice hulls. Type IA Organic Soil Amendment shall be manufactured from clean wood, free from clods coarse objects and rocks and shall conform to the properties shown in Table 212-1.2.4(B): Table 212-1.2.4(B) SOIL AMENDMENT PROPERTIES Property Minimum Maximum Dry Weight Nitrogen (1) (1) Dry Weight Passing 25 mm (1") Sieve 100% 100% Dry Weight Passing #4 Sieve 95% 100% Dry Weight Passing #16 Sieve 45% 65% Dry Weight Passing #30 Sieve 30% 40% Dry Weight Passing #50 Sieve 0% 10% Dry Weight Passing #100 Sieve 0% 2% Salinity (1) (1) DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 144 of 178 Pages Iron ( Dilute acid soluble on dry weight basis) 0.08% — Ash (dry weight basis) 0% 6.0% pH 6.0 7.0 Wettability (1) (1) (1) (As Required by Table 212-1.2.4(A) SSPWC) For all types of Organic Soil Amendment the Contractor shall supply the Engineer a sample of the proposed amendment accompanied by an analytical analysis from a qualified agricultural laboratory certifying compliance to the requirements herein. Qualified agricultural laboratories shall have an on-going quality assurance program that fulfills the requirements of the most recent version of the "Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods". Certificates of compliance shall contain a statement attesting that the organic soil amendment meets the requirements of these specifications and that the testing agricultural laboratory does fulfill the requirements of "Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods". Said submittal shall be in accordance with Section 2-5.3.3. 212-1.2.5 Mulch. Add the following: Bark mulch shall be shredded cedar, pine, or fir bark or equal commercial product. Typical mulch size shall be 3" x yi\ Submit two samples to the Engineer for approval prior to installation. The material shall be free of seeds, debris, and deleterious materials, and shall have a rich brown color when supplied. Add the following section: 212-1.2.6 Herbicides and Pesticides. Shall be used in their appropriate applications with strict adherence to manufacturer's specifications and instructions. Postemergent herbicide for all areas shall be Glyphosate, N-(phosphonomethyl) glycine, in the form of its isopropylamine salt such as Roundup Pro, Diquat, Montar, or approved equal. Preemergent herbicide for shrubs and groundcover areas planted from flats shall be Treflan, Surflan, Eptan, or approved equal. Add the following section: 212-1.2.7 General Soil Conditioners. Agricultural-grade gypsum shall be a calcium sulfate (CaS04 H2O) product - 94.3 percent. 90 percent shall pass a 50-mesh screen. Control of dust during application is mandatory. Iron Sulfate shall be ferrous sulfate in pelletized or granular form containing not less than 20.0 percent iron expressed as metallic iron. Iron Sulfate pellets shall be of size and gradation such that 98 percent is retained on a 10-mesh screen. 212-1.4.1 General. Add the following: Plants shall be the variety and size shown on the plans or in the special provisions and shall conform to the requirements of these specifications. Contractor shall notify the Engineer 48 hours before each plant delivery so that the Engineer can inspect the plants. The scientific and common names of plants herein specified shall conform to the approved names given in "A Checklist of Woody Ornamental Plants in California, Oregon and Washington" published by the University of California, Division of Agriculture Sciences, Publication 4091 (1979). Each group of plant materials delivered on site shall be labeled clearly as to species and variety. All patented plants (cultivars) required by the plant list shall be delivered with a proper plant patent attached. The Contractor shall obtain clearance from the County Agricultural Commissioner, as required by law, before planting plants delivered from outside the County in which they are to be planted. Evidence that clearance has been obtained shall be filed with the Engineer. All plants furnished by the Contractor shall be true to type or name as shown on the plans and shall be tagged identifying the plants by species or variety; however, determination of plant species or variety will be made by the Engineer and the Engineer's decision shall be final. Plants shall be individually tagged or tagged in groups by species or variety. Carpobrotus cuttings need not be tagged. All plants shall comply with Federal and State laws requiring inspection for plant diseases and infestations. Inspection certificates required by law shall accompany each shipment of plants, and certificates shall be delivered to the Engineer. nRF—0/l/17/1'5 r.nntrant Mn 4019 Hnactal Hail Trail Rearh 1 Paoe 14.'^ of 178 PaofiR 1 Plants furnished by the Contractor shall be healthy, shapely, and well-rooted, and roots shall show no evidence of having been restricted or deformed at any time. Plants shall be well-grown, free from insect pests and disease, and shall be grown in nurseries which have been inspected by the State Department of Food and Agriculture and have complied with the regulations thereof. The Engineer is the sole judge as to acceptability of each plant. Vigorous, healthy, well-proportioned plants are the intent of this specification. Plants which are even moderately "overgrown", or are showing signs of decline or lack of vigor, are subject to rejection. The size of the plants will be as shown on the plans. Plants larger in size than specified may be used with the approval of the Engineer, but the use of larger plants will make no change in contract price. If the use of larger plants is approved, soil amendments shall be increased proportionately. All plants not conforming to the requirements herein specified shall be considered defective and such plants, whether in place or not, shall be marked as rejected, and immediately removed from the site and replaced with new plants by the Contractor at the Contractor's expense. The Engineer resen/es the right to change the species, variety, and/or sizes of plant material to be furnished, provided that the cost of such plant changes do not exceed the cost of plants in the original bid, and with the provision that the Contractor shall be notified in writing, at least 60 days before the planting operation has commenced. No plant shall be transported to the planting area that is not thoroughly wet throughout the ball of earth surrounding the roots. Any plant that, in the opinion of the Engineer, has a damaged root ball or is dry or in a wilted condition when delivered to the planting area will not be accepted, and shall be replaced by the Contractor at the Contractor's expense. Each plant shall be handled and packed in the approved manner for that species or variety, and all necessary precautions shall be taken to ensure that the plants will arrive at the site of the work in proper condition for successful growth. Trucks used for transporting plants shall be equipped with covers to protect plants from windburn. Root condition of plants furnished by the Contractor in containers will be determined by removal of earth from the roots of not less than 2 plants nor more than 2 percent of the total number of plants of each species or variety, except when container-grown plants are from several sources, the roots of not less than 2 plants of each species or variety from each source will be inspected by the Engineer. In case the sample plants inspected are found to be defective, the Agency resen/es the right to reject the entire lot or lots of plants represented by the defective samples. Any plants rendered unsuitable for planting because of this inspection will be considered as samples and will not be paid for. The Contractor shall notify the Engineer when plants are to be shipped to the project site. The notification shall be given not less than 10 days prior to the actual shipment date. 212-2 IRRIGATION SYSTEM MATERIALS. 212-2.1.3 Plastic Pipe for Use with Solvent Weld Socket or Threaded Fittings, Delete the second paragraph and add the following: Schedule 40 pipe shall be used for installation on the discharge side Class 315 pipe shall be used for continuously pressurized pipe on the supply side of the control valves. Schedule 40 pipe shall be used for all pipe and irrigation wire sleeves. Schedule 80 fittings shall be used. Add the following: Except as provided in this section, all buried piping in the irrigation system shall be installed with underground utility marking tape confomriing to the requirements of section 207-21. Intemiittent pressure lines (lines on the downstream side of a controller valve that will not be subject to constant pressure) will not require underground utility marking tape. Pressure mainline piping for sizes DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 146 of 178 Pages 50 mm (2") and larger shall be PVC having a pressure rating of 2170 kPa (315 PSI), S.D.R. 13.5. PVC non-pressure buried lateral line piping shall be PVC Schedule 40. Add the following section: 212-2.1.7 Brass Pipe and Fittings. Brass pipe shall be IPS standard weight 125 LB 85 percent copper and 15 percent zinc, trade designation seamless red brass pipe conforming to the requirements of ASTM B43-91. Brass pipe fittings and connections shall be Standard 125 LB class 85 percent red brass fittings and connections. 212-2.2.4 Remote Control Valves. Delete and add the following: Remote control valves shall be electrically operated. They shall be industrial-strength glass-filled nylon (plastic) valves, equipped with flow control adjustment and capability for manual operation. They shall be made so that they may be readily disassembled for sen/icing. 212-2.2.7 Valve Boxes. Delete and add the following: Valve boxes in planting areas shall be made of durable, weather-resistant plastic material resistant to sunlight and chemical action of soils. The valve box cover shall be secured with a hidden latch mechanism or bolts. The cover and box shall be capable of sustaining a load of 1,500 pounds. Valve box extensions shall be by the same manufacturer as the valve box. Automatic control valves shall be 16"x11"x12" rectangular size. Gate/ball valve and quick coupler valve boxes shall be 10" circular size. All valve boxes shall be marked "RCV", "BV" or "QC", "PB" respectively. Remote control valves shall be marked with station numbers embossed on the valve cover with a brass tag. (RCV boxes shall have locking covers.) Other boxes such as pull boxes, etc., shall be marked with appropriate .^^^ identification. Add the following section: 212-2.2.8 Ball Valves. Ball valves shall have bottom-loaded pressure-retaining stems, glass- reinforced seats, and reinforced TFE stem packing seals. Valves sizes 13 mm (1/2") to 50 mm (2") shall be pressure rated at 4140 kPa (600 PSl) WOG and 1030 kPa (150-PSl) saturated steam. Each valve shall be tested, air under water, in the opened and closed position by the manufacturer. Ball valve must conform to Federal Specification WW-V-35B. Type ll. Class A, Style 3, End Connection A or C. 212-2.4 Sprinkler Equipment In the second sentence of the first paragraph, replace the words "brass, bronze" with "high strength plastic". Delete the second paragraph and replace with the following: All sprinkler heads shall be pop-up types of the model, size, and type indicated on the Plans. Add the following: All sprinkler heads are to have factory built-in check valves or a check valve under each head. Antidrain valves shall be field adjustable against drain out from 1.5 m to 12 m (5' to 40') of head. All sprinkler heads that are without valves in the heads are to have an antidrain valve feature and shall have an excess flow feature, which will automatically stop the flow of water when it exceeds the GPM preset by the manufacturer. Check valves shall be King Bros., Rainbird, or approved equal. Add the following section: 212-2.4.1 Additional Equipment. Contractor shall provide the following items to the Engineer: 1. Two control valve keys. nDC nA/^^^7/•^ o r^^r^*^^* M« An-in r>«««t«i D«:I TI.«:I D^^^U H Q^^^ 4 A-7 H-7O 2. Two wrenches for removing each different type of sprinkler head. 3. Two quick coupler keys. The keys and hose ells shall be of the same manufacturer as 4. the coupling valve. 5. Five keys for opening and locking each automatic controller and enclosure. 212-3 ELECTRICAL MATERIALS. 212-3.1 General. Add the following: the 1996 National Electrical Code. All electrical materials shall conform to the requirements of 212-3.2.1 Conduit Delete and replace with the following: Conduit and sweeps shall be Schedule 40 PVC, gray in color, and specifically manufactured for use as electrical installation. The conduits shall be sized twice the diameter of the wire bundle to be carried within. All ends of conduit in valve and pull boxes shall be sealed suing a waterproof material that can be easily removed from the conduit openings for the purpose of pulling wire through the conduit. 212-3.2.2 Conductors. Add the following: Low voltage electric wiring running from controller to the automatic control valves shall be no smaller than No. 14 solid single conductor, copper wire, 0.015 mm (60 mil) insulation, 0.015 mm (60 mil) neoprene jacket, style UF (Direct Burial), or equal, color code wires to each valve. Neutral wires shall be white, no smaller than No. 12 solid single conductor wire, 0.015 mm (60 mil) Insulation, 0.015 mm (60 mil) neoprene jacket, style UF (Direct Burial). 212-3.3 Controller Unit Add the following: All controllers shall be grounded by one 19 mm (5/8") diameter by 3 m (10') long stainless steel grounding rod and a 50-ohm resistance lightning arrester. SECTION 213 - ENGINEERING FABRICS 213-2 GEOTEXTILES. 213-2.1 General. Table 213-2.1(A) Add the following: Geotextile types shall be used for the applications listed in Table 213-2.1 (A) GEOTEXTILE APPLICATIONS Application of Geotextile Type Designation Separation of Soil and Street Structural Section 90WS Separation of Soil and Subsurface Aggregate Drain 180N Reinforcement of Street Structural Section 200WS Remediation and Separation of Soil 270WS Reinforcement of Soil 270WS Drainage at the Interface of Soil Structures N/A Drainage at the Interface of Soil and Structures N/A Rock Slope Protection Fabric for Rock Sizes Below 225 kg (VA Ton) 180N Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg (S4 Ton) 250N Plant Protection Covering 90N Erosion Control Fence with 14 AWG -150 mm x 150 mm (6"x6") Wire and 3 m (10') Post Spacing 90WS Erosion Control Fence with 1.8 m (6') Post Spacing and No Wire Fencing 200WS DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 148 of 178 Pages Add the following section: 213-3 EROSION CONTROL SPECIALTIES. Add the following section: 213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50 Ibs) of 19 mm (%") crushed rock and securely tied closed. Plastic bags are not acceptable. SECTION 214 PAVEMENT MARKERS 214-5 REFLECTIVE PAVEMENT MARKERS Add the following section: 214-5.1 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the plans and required in the specifications shall be one of the types shown in Table 214-5.1 (A), or equal thereto. TABLE 214-5.1 (A) TEMPORARY REFLECTIVE PAVEMENT MARKERS Type Manufacturer of Distributor TOM- Temporary Overlay Davidson Traffic Control Products. 3110 70*^ Avenue East, Tacoma, Markers WA 98424, (877) 335-4638 Add the following section: 14-5.2 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Reflective channelizer posts shall be orange in color. Reflective channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in size. The reflective sheeting shall be visible at 300 m at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. Reflective channelizer shall be one of the types shown in Table 214-5.2(A). or equal thereto. TABLE 214-5.2(A) REFLECTIVE CHANNELIZER Tvpe Manufacturer of Distributor Safe-Hit SH336SMA Safe-Hit, A Division of Energy Absorption Systems, Inc. 35 East Wacker Drive, Suite 1100 Chicago, IL 60602 (800) 537-8958 Carsonite "Super Duck" SDR3036 Carsonite Composites, LLC 605 Bob Gifford Boulevard Early Branch, SC 29916 (800) 648-7916 Repo "The Replaceable Post" Western Highway Products 10680 Fern Avenue Stanton, CA 90680 (800) 854-3360 The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 2-5.3.3 "Submittals". Said certificate shall certify that the permanent reflective channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the engineer and were manufactured in accordance with the approved quality control program. SECTION 215-FENCING Add the following section: 215-1 ENVIRONMENTAL FENCING Add the following section: 215-1.1 Materials. Environmental fence shall be 3'-5' high, maximum 2-Inch openings, orange- colored plastic construction fencing installed prior to performing any work. Environmental fence shall be constructed of non-toxic, non-conductive polyethylene capable of withstanding temperatures from -58F degrees to 194F degrees. Color shall be non-fading. Posts shall be 6'-6" long, shall be spaced no more than lO'-O" apart and buried portion shall be no less than 2'-6" deep. Used materials may be installed providing the used materials are good, sound, and are suitable for the purpose intended, as determined by the Engineer. Materials may be commercial quality providing the dimensions and sizes of the materials are equal to, or greater than, the dimensions and sizes specified herein. Posts shall be either metal or wood at the Contractor's option. Galvanizing and painting of steel items will not be required. Treating wood with wood preservatives will not be required. Concrete footings for metal posts will not be required. V DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 150 of 178 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General, add the following to the third paragraph: Contractor shall coordinate with City of Oceanside Public Works at 760-435-5208 to allow Oceanside staff the opportunity to salvage some of the plants to be removed for this project. During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or Inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor. 300-1.3 Removal and Disposal of Materials, add the following: Also included In clearing and grubbing shall be removal and disposal of rocks, bollards, posts, rail, fences, signs, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existing gate, existing headwalls, ^ rip-rap, traffic signs, and other existing features which interfere with the work. Whether or not such ^^^j items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment, modify as follows: Payment for clearing and grubbing shall be made at the contract lump sum price for clearing and grubbing within the project limits and at stockpile locations and no other payments will be made. Unless othenA/ise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properiy compacted soils. Payment for removal and disposal of abandoned utilities shall be Included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General, add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation work, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and recompaction of unsuitable soil, salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (1') of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, wetland mitigation grading and attendant work, export of remaining excess material to a disposal site z**^ or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. .«,„r 300-2.2.1 General, add the following: Alluvial and colluvial removal and recompaction shall, consist of excavating, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading and/or drying shall be Included in the contract unit price for removal and recompaction. The excavated material shall be placed and compacted in accordance with section 300-4 of the specifications except that section 300-4.9, Measurement and Payment, shall not apply. 300-2.2.1 General, add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site. Add the following section: 300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, alluvium, and colluvium may exist within portions of the Project site. Where required by the Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otheoA/ise unsuitable by the Engineer in which case it may be paid for in accordance with section 300-2.2.1. 300-2.2.4 Instability of Cuts. Add the following: The Contractor shall remove additional material as directed by the Engineer to improve the stability of excavated cuts. The removal of such excavated material shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered OthenA/ise unsuitable by the Engineer, in which case it will be paid for in accordance with Subsection 300-2.2.1. 300-2.5 Slopes, add the following: The hinge points (the top and bottom) of slopes shall be located within 75 mm (0.25') of the locations shown on the plans. 300-2.5 Slopes, add the following: after the first sentence of the first paragraph: A slope shall be defined as any area steeper than three horizontal to one vertical. 300-2.6 Surplus Material, add the following: The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined In section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. 300-2.8 Measurement, delete the second paragraph relating to materials removed from stockpiles and add the following: Unclassified Excavation shall be measured based on the volume it occupies in its original position before excavating. The measurement shall be from the original ground contours after clearing and grubbing and the bottom of areas of excavation to the design elevations shown on the plans or actual ground contours existing in borrow sites after excavation or those for removal and recompaction of alluvial and colluvial materials or those for materials excavated to improve the stability of cuts, whichever is lower in elevation. No excavated material which is re- excavated will be measured for payment. No allowance for shrinkage or swell will be considered. ( Materials excavated or othenA/ise removed as all or part of any other bid item shall not be measured as Unclassified Excavation. 0 DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 152 of 178 Pages 300-2.8 Measurement, delete the second paragraph relating to materials removed from stockpiles and add the following: Unclassified Excavation shall be measured based on the volume it occupies in its original position before excavating. The measurement shall be from the original ground contours after clearing and grubbing and the bottom of areas of excavation to the design elevations shown on the plans or actual ground contours existing in borrow sites after excavation. No excavated material which is re-excavated will be measured for payment. Materials excavated or otheoA/ise removed as all or part of any other bid item shall not be measured as Unclassified Excavation. The measurement of work performed under sections 300-2.2.1 and 300-2.2.2, 300- 2.2.3 and 300-2.2.4 when the Engineer determines that the soils are unsuitable shall be the actual labor, materials and equipment used to accomplish the work as per section 3-3 EXTRA WORK of the specifications. 300-2.9 Payment substitute the following: Payment for Unclassified Excavation will be made at the unit price bid in the proposal. Only the quantity of unclassified excavation measured shall be paid for. No excavated material which is re-excavated will be paid for. For progress payments, the quantity of unclassified excavation shall be estimated by the Engineer. The Engineer's calculations shall be considered the definitive determinant for quantities for final payment. All topographic surveying and calculations necessary to quantify payment quantities for Unclassified Excavation shall be performed by the Engineer. Payment for Unclassified Excavation shall include costs of surveying, staking, preparation of earthwork quantity reports, placement, compaction, soil remediation, moisture adjustment and water therefore, rework of compressible soils, slope rounding, grading, stockpiling, access road, temporary detour roads, earthen swales and drainage channels as shown on the drawings or required by the contract documents. add the following: Payment for work performed under sections 300-2.2.1, 300-2.2.2, 300-2.2.3 and 300-2.2.4. when the Engineer determines that the soils are unsuitable, shall be made for the actual labor, materials and equipment used to accomplish the work as per section 3-3 EXTRA WORK of the specifications. Add the following section: 300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1') of the grades shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 SSPWC. 300-4 UNCLASSIFIED FILL 300-4.2 Preparation of Fill Areas, add the following: Except as provided In section 300-4.7, "Compaction", areas proposed for Improvements all fill (including backfill and scarified ground surfaces) shall be compacted by the Contractor to no less than 90 percent of maximum dry density as determined in accordance with ASTM Test Procedure Dl 557-91. 300-4.5 Placing Materials for Fills, add the following: The Contractor shall perfonn grading such that the upper 900 mm (3') of fill placed in the roadway pavement area Is composed of properiy compacted low expansive soils. The more highly expansive soils shall be placed in the deeper fill areas and properly compacted or exported from the site. Low expansive soils are defined as those soils that have an Expansion Index of 50 or less when tested in accordance with 1994 UBC Standard 18-2 as published by the International Conference of Building Officials. Should insufficient soils meeting the requirement of an expansion index of 50 or less be present within the limits of work, soils of the least expansion index that are available within the limits of work shall be ^/ incorporated in the upper 900 mm (3') of fill placed in the roadway. The Contractor shall break rock encountered in the excavation into particles of less than 75 mm (3"). Particles with dimensions greater than 75 mm (3") shall be uniformly distributed over the area to be filled so that construction equipment can be operated in such a manner that the larger pieces will be broken into smaller particles and become incorporated with the other materials in the layer. This requirement for particle size reduction does not apply to cobbles, small boulders, and small hard rocks found within the surface soils and formational materials. Rocks having any dimension greater than 460mm (18") shall not be incorporated into the fill. Rock exceeding 150 mm (6") in diameter shall not be placed in the upper 900 mm (3') of any fill. When there are large quantities of rock to be placed in the fill, rocks shall not be nested, but shall be spread with sufficient room between them so that intervening voids can be adequately filled with fine material to form a dense, compact mass. Oversize material which cannot be utilized for erosion mitigation or landscaping onsite shall be broken to acceptable sizes or removed from the site by the Contractor. If disposed of within the City of Carisbad, a separate grading permit will be required for disposal of rock. 300-4.6 Application of Water, add the following: The Contractor shall place all fill soil at a moisture content no less than one (1) percent below optimum moisture as determined by ASTM test D-1557- 91. 300-4.7 Compaction, add the following: The Contractor shall compact all fill soils placed within the top 1 m (3') of roadway subgrade to a minimum of 95 percent relative compaction. On all areas to receive planting, the top 150 mm (6") shall be compacted to 85%, -i-2% -5%, to allow for plant growth. 300-4.8 Slopes, add the following: Feathering of fill over the tops of slopes will not be permitted. The Contractor shall compact the faces of fill slopes with a sheep's foot roller at vertical intervals no greater than 600 mm (2') or shall be built and cut back to finish grade. In addition, if not over built and cut back, the face of the slope shall be track walked upon completion. 300-4.9 Measurement and Payment, delete and substitute the following: Unclassified fill, grading, shaping, compacting or consolidating, slope rounding, construction of transitions and all work included in and Incidental to Section 300-4, "Unclassified Fill" will be paid for as a part of "Unclassified Cut/Unclassified Fill," and no additional payment will be made therefore. 300-5 BORROW EXCAVATION. Add the following section: 300-5.2.1 Imported Borrow Properties. The Contractor shall provide imported borrow that is clean well graded soil consisting of material confonning, to all of the requirements In Table 300-5.2.1 (A) and the following requirements. Rock included in the top 1 m (3') of Imported borrow shall be particles of less than 75 mm (3"). Rock included below the top 1 m (3') of imported borrow shall be particles of less than 150 mm (6"). TABLE 300-5.2.1 (A) IMPORTED BORROW PROPERTIES Tests Test Method No. Requirements R-Value Calif. 301 40 MIn. Expansion Index UBC Standard 18-2 10 Max. Plasticity Index ASTM D 424 4 Max. Sieve Analysis ASTM D 422 Percent Passing 75|x (No. 200) 15 Max. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 154 of 178 Pages 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. ^ Add the following section: 300-9.2 General. The Contractor shall provide erosion control and water pollution control conforming to the requirements shown on the plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the, "Stormwater Best Management Practices Handbook, Construction", November 2009,|as published by the California Stormwater Quality Association. The Contractor shall maintain a copy of the "Stormwater Best Management Practices Handbook, Construction", November 2009,on the project site and shall conduct its operations in conformity to said Handbook. Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: a) Embankment areas, while being brought up to grade and during periods of completion prior to final roadbed construction, shall be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods . b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include, but shall not be limited to: temporary down drains, either in the form of pipes or paved ditches with protected outfall berms; graded berms around areas to eliminate erosion of embankment slopes by surface runoff; confined ponding areas to desilt runoff; and to desilt runoff. c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures. These measures shall Include, but shall not be limited to, methods shown on the plans and described herein. Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the requirements of the Federal Water Pollution Control Act, including the latest amendments thereto shall be considered as included in the contract price bid for Erosion Control, and no additional compensation will be allowed therefore. Add the following section: 300-9.3 Temporary Marsh Protection. The Contractor shall fence and protect all wetlands. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 155 of 178 Pages marshlands, and environmentally sensitive areas adjacent or near the work and/or in all construction easements. The Contractor shall flag, prior to construction and placement of fencing, the outer limits of the construction with fluorescent tape to avoid wetland impacts. The Contractor shall take care to keep the soil within the construction easement and shall remediate all damages caused by soil that is deposited outside said limits or easement, remove all soil so deposited, and clean all facilities or vegetation that has such soil deposited on or In them. Add the following section: 300-9.3.1 Payment. Temporary marsh protection will be paid for at the contract price bid for Erosion Control and shall include full compensation for furnishing and installing planting, irrigation, and erosion control measures. 300-13 STORM WATER POLLUTION PREVENTION PLAN Add the following section: 300-13.1 Storm Water Pollution Prevention Plan. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. Contractor shall conduct and schedule operations so as to minimize or avoid muddying and silting of channels, drains, and waters. Water pollution control work shall consist of constructing Best Management Practice's (BMP's) which may be required to provide prevention, control, and abatement of water pollution in accordance with the City Standard Urban Storm Water Management Plan (SUSMP), latest edition. Although the construction activities are not subject to statewide construction permit (less than 1- acre), the Contractor shall prepare a City Storm Water Pollution Prevention Plan (SWPPP) for the project. Based on City thresholds. Contractor shall apply for a Tier 2 City SWPPP. A model Tier 2 SWPPP is available for the Contractor to use in preparing the Project SWPPP for approval by the City. The Contractor shall be responsible for the preparation and implementation of the SWPPP and coordination with the City and the Regional Water Quality Control Board. All costs for preparing and implementing the City SWPPP and coordination with the City and the Regional Water Quality Control Board, if any, shall be included as part of the contract price bid. 300-13.1.1 SWPPP Document The Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2- 5.3.3 of these Special Provisions. Add the following section: 300-13-1.2 Availability of SWPPP template. A draft document intended for use as a template for the required SWPPP document will be made available for use at the Contractor's option, at no cost to the Contractor. The Contractor shall review the template and modify it as necessary to reflect the Contractor's operations. Add the following section: 300-13.1.3 Payment. Preparation, implementation and management of SWPPP shall be considered included in bid item "Erosion Control..." and no additional payment will be made therefore. Add the following section: 300-13.1.4 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless othenA/ise directed by the Engineer DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 156 of 178 Pages V or specified in these supplemental provisions, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for Installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the "Handbook" and these supplemental provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between October 1 and April 30. Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season. The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water management and waste management and disposal. The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution If the Contractor falls to conform to the requirements of this section as determined by the Engineer. Add the following section: 300-13.1.5 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified In the SWPPP. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. The construction site inspection checklist provided In the "Handbook" shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection. During the winter season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site; 3. At 24 hour inten/als during extended precipitation events; and 4. Routinely, at a minimum of once every week. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor Immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 157 of 178 Pages 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. SECTION 302 - ROADWAY SURFACING Add the following: The Contractor shall be responsible for tree trimming along the curb line as noted in Section 300-1 Clearing and Grubbing - so as to provide a clear travel way during the construction of the roadway resurfacing. The Contractor shall treat all vegetation within the limits of the paved area to be surfaced with a post emergent herbicide. Herbicide shall be applied at least 2 (two) working days prior to surfacing the street. Allowance for the two day period shall be shown in the schedule required per section 6-1. Payment for pavement surfacing shall include tree trimming and post emergent herbicide treatment of the areas to be surfaced and no extra payment will be made therefore. Public Convenience and Traffic Control. The Contractor shall schedule the work so as to prevent damage by all traffic. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling Coast Waste Management at (760) 929-9400. At least two weeks prior to work. Contractor shall send, by first class mall, notification letters to all property addresses within 500' of the work. Obtaining the appropriate addresses shall be the contractor's responsibility. Letters shall be as shown in bold type as follows, with the appropriate information specific to the work Inserted at the locations indicated in the brackets and italicized. (Name of Contractoi) {Address of Contractoi) {Contractor's License Numbei) {Date) As a part of the City of Carlsbad's ongoing program to maintain its streets, your street wiil be resurfaced beginning in two or three weeks. This process requires that your street be closed starting at 8:00 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 Va" x 8 Ya" DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 158 of 178 Pages 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 8:00 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 Contractoi) 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 V^" 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." During operations, the Contractor's schedule for resurfacing shall be designed to provide residents and business owners sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy two hours prior to the start of any construction In the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The Contractor shall deliver the notification which shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24 hour number answered by a representative of the Contractor who is knowledgeable about the project. At least one of the phone numbers shall be In the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 159 of 178 Pages For door hangers, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be %^ brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point, with the day of the week circled and appropriate Information specific to the work inserted at the locations Indicated In the italicized font. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for Traffic Control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. 302-5 ASPHALT CONCRETE PAVEMENT. Add the following: 302-5.2 Pavement Transitions. The Contractor shall ramp the approaches and termini to all structures and vertical joints in the cold-milled area which are transverse to through traffic with temporary asphalt concrete pavement as specified in section 306-1.5.1. Ramps shall be constructed the same day as cold milling and removed the same day as permanent paving. Ramp dimensions and compaction shall be as approved by the Engineer. 302-5.5 Distribution and Spreading, modify as follows: After second sentence of sixth paragraph, add: The Contractor shall provide the spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control for surface course paving. The automatic screed control shall be 9 m (30') minimum length. The paving machine shall be operated by an operator and two full-time screed men during all paving. Delete the second sentence of paragraph 7 and the subsequent subsections A. thru E. which reference windrow operations. Add the following sentence in place of the deleted sentence and subsequent subsections: The use of windrow operations shall not be allowed. 302-5.6.1 General, modify as follows: Second paragraph. Part (2), add: Pinched joint rolling procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otheoA/ise directed by the Engineer. modify as follows: After last paragraph, add: Unless directed othenA/ise by the Engineer, the initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this section. 302-5.8 Manholes (and other structures), delete the first paragraph and replace with the following: When placing the overiay the Contractor shall pave over appurtenances in the roadway which includes sanitary and storm access covers, water valve boxes, air vents, sewer dead end boxes and survey monument boxes. Each appurtenance shall be treated or covered to prevent adhesion of the overiay. Each appurtenance shall be located immediately after the overiay is placed and shall be thoroughly cleaned of any and all construction debris which may have entered due to the Contractor's operation. The contractor shall adjust all CMWD water valve boxes per CMWD Standard Drawing No. Wll or CMWD Standard Drawing No. W13. All City of Carlsbad sanitary sewer access covers shall be adjusted per CMWD Drawing No. SI. All storm sewer access covers shall be adjusted per SDRSD D-10. Riser rings or extensions shall not be used for the adjustment of these appurtenances. Raising and adjusting to grade all appurtenances in the roadway shall be considered as incidental to the work and no payment shall be made for raising and adjusting appurtenances to grade. 302-5.9 Measurement and Payment, add the following: Payment for asphalt concrete shall be at the unit price bid per ton. No additional payment shall be made for any tack coat or sand blotter. V DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 160 of 178 Pages Add the following section: 302-10 ASPHALT PAVEMENT REPAIRS AND REMEDIATION ^ Add the following section. 302-10.1 General. Asphalt pavement Repairs and Remediation shall consist of the repair and restoration of existing asphalt pavement. Repair of asphalt pavement shall consist of the saw cutting, removal and disposal of existing asphalt pavement In conformance with section 300-1.3. compaction of existing subgrade in conformance with section 301-1. grading and compaction of base material in conformance with section 301-2, application of grade SS-lh emulsified asphalt and the placement of asphalt concrete base and wearing courses as specified herein. Damage to existing traffic loops caused by pavement repairs or grinding will require immediate replacement of the traffic loops unless video detection has been set up and the loops are unnecessary. If pavement fabric or petromat is encountered during any pavement repairs or grinding, the Contractor shall remove and dispose of it. The cost of the work described In this section shall be included in the bid price for the repair Itself or cold milling (grinding). Add the following section: 302-10.2 Crack Sealing The Contractor shall wash, blow out and thoroughly dry all cracks designated to be sealed before installing hot poured rubber-asphalt joint sealant material. The sealant shall conform to the requirements of ASTM Dll90. The Contractor shall dispose debris from crack cleaning outside the public way In accordance with Section 7-8.1, "Cleanup and Dust Control." The hot-melt rubberized asphalt shall be melted in a jacketed, double boiler type melting unit. Temperature of the heat transfer medium shall not exceed 245°C (475°F). Application of the hot-melt sealant shall be made with a pressure feed applicator or pour pot. Sealant shall be applied when the pavement surface temperature is greater than 4°C (40°F). Containers of hot-melt sealant shall be delivered to the job-site In unopened containers that are clearly marked with data showing .^^mii^ the manufacturer's name, the product designation and the manufacturer's batch number and lot ^ numbers. The level of the sealant shall be flush with the surface of the existing pavement. All excess sealant shall be removed from the crack with a minimum overiap onto adjacent pavement. Add the following section. 302-10.3 2" AC Cold Mill and Replace with HMA. The quantity set forth In the bid items is for estimating purposes only and the final quantities will be as measured in the field by the Engineer. The Engineer will designate and mark the final limits of the cold mill areas In the field by outlining the area to be removed with paint. The Contractor shall provide Traffic Control for the Engineer to walk in the street and mark the limits of the repairs. The Contractor shall remove the asphalt concrete in the designated area by cold milling per the requirements of subsection 302-5.2 of the SSPWC. The Contractor shall remove any roots beneath the pavement at the direction of the Engineer. The Contractor shall sweep the street; keep dust to a minimum; and remove and dispose of the AC and roots at the Contractor's expense. A tack coat shall be applied uniformly to all contact surfaces at a rate of 0.05 to 0.10 gallons per square yard In accordance with subsection 302-5.4, SSPWC. The Contractor shall fill the removal area with asphalt concrete and compact so that the finished surface of the AC is flush with the surrounding pavement. Asphalt concrete for patches shall be B-PG64-10. The Contractor is required to use a self-propelled paving machine for areas 6 feet wide and wider. The asphalt concrete so constructed shall have a finish surface and density conforming to subsection 302-5.6.2 SSPWC. Add the following section. 302-10.8 Measurement and Payment. Quantities of pavement repairs as set forth in the bid items are for estimating purposes only. Final quantities will be as designated and measured in the field. ^ The Engineer will designate and mark the limits of the repairs. The Contractor shall provide Traffic Control for the Engineer to walk in the street and mark the limits of the repairs. The cost of the DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 161 of 178 Pages Traffic Control for the Engineer shall be included In the lump sum bid price for "Traffic Control." Full compensation for conforming to the requirements of constructing pavement repairs shall include but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work as outlined in the appropriate section, including but not limited to, cold milling, saw cutting, removing and disposing of existing asphalt concrete, removing and disposing of roots beneath the pavement, removing and disposing of aggregate base/subbase and basement soil as designated by the engineer, placement of aggregate base, asphalt concrete, compaction of subbase, aggregate base, and asphalt concrete, placement of tack coats and all other work incidental to the pavement repairs shall be considered as included in the contract unit price bid and no additional compensation will be allowed therefore. The bid prices for pavement repairs and cold milling shall include removing and disposing of grindings, pavement fabric, or petromat when encountered. Full compensation for conforming to the requirements of crack sealing shall include but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals necessary to do the work. Crack cleaning, roadway clean up, application of sealant, removal of excess sealant and all other work incidental to crack sealing shall be considered as included in the contract unit price bid and no additional compensation will be allowed therefore. SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-2 AIR-PLACED CONCRETE. 303-2.1.1 General, add the following: Modify Regional Standard Drawing D-75 as follows: replace stucco netting with 150mm x 150mm (6" x 6") by No. 10 by No. 10 welded wire mesh. Add the following section: 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.5.2 Curb, add the following: The Contractor shall stamp the curb face with 75 mm (3") high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A) TABLE 303-5.5.2(A) Curb Face ^ larkings Type of underground facilities Marking Water Service Lateral Sewer Service Lateral Irrigation Water Lateral or Sleeve W S RW 303-5.9 Measurement and Payment, add the following: Curb and gutter, and curb, shall be considered as continuing across driveways and access ramps when constructed adjacent thereto. Neither curb and gutter nor curb will be paid for across the length of local depressions, except that which occurs in gutter transitions at each side of an inlet. 0 DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 162 of 178 Pages SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION 306-1 OPEN TRENCH OPERATIONS Add the following section: 306-1.1.7 Steel Plate Bridging - With a Non-Skid Surface. This section covers the use of steel plate bridging. The Contractor shall not employ the use or use steel plate bridging or trench plate that does not meet the requirements of this section both in application and circumstance of use. Add the following section: 306-1.1.7.1 Requirements for Use. Alternate construction methods that avoid the use of steel plate bridging shall be used by the Contractor unless otheoA/ise approved by the Engineer. It Is recognized that to accommodate excavation work, steel plate bridging may be necessary. All conditions for use of steel plate bridging set forth in the following requirements must be fulfilled as conditions of approval of the use of steel plate bridging. Consideration of steel plate bridging in the review process will take into account the following factors: 1. Traffic volume and composition. 2. Duration of use of the steel plate bridging. 3. Size of the proposed excavation. 4. Weather conditions. The following formula shall be used to score the permitted use of steel plate bridging: PS = [ APT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (kmh) + SLOPE X 1001X LANES 1000 8 PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (moh) + SLOPE X 100] X LANES 1000 5 where: PS = plate score. ADT = average daily traffic as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement, equivalent wheel loads as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement, total number of 24 hour periods during which the plates will be utilized at the site being considered. total number of Saturdays, Sundays and holidays that the plates will be utilized at the site being considered. total number of overnight periods that the plates will be in place, exclusive of Saturday, Sunday and holiday nights. total number of 24-hour periods that the plates will be utilized at the site being considered when the possibility of rain exceeds 40 percent, the design speed in kilometers per hour or miles per hour, as applicable in the formulae above, of the street where the plates are to be installed. This number shall not be reduced for construction zone speed reductions, the quotient of the vertical differential divided by the horizontal distance. The vertical and horizontal dimensions shall be measured at the locations spanning a distance of 15 m (50') up and downstream of the position of the proposed steel plate bridging. the number of lanes where plates will be used. EWL = DAYS WEEKEND NIGHTS WEATHER SPEED SLOPE LANES DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 163 of 178 Pages When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless, and at the sole discretion of the Engineer, the Engineer detennines that no alternative w method of construction is possible in lieu of using steel plate bridging or that other overriding considerations make the use of steel plate bridging acceptable. Alternatives considered to bridging shall include, but not be limited to, detouring traffic, construction detour routes, tunneling, boring and other methods of trenchless construction. Unless specifically noted in the provisions of the Engineer's approval, the use of steel plate bridging at each location so approved shall not exceed four (4) consecutive working days in any given week. Add the following section: 306-1.1.7.2 Additional Requirements. In all cases when the depth of the trench exceeds the width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety regulations require or the Engineer determines that shoring is necessary to protect the health or safety of workers or the public the Contractor shall install shoring conforming to Section 7-10.4.1 of the Standard Specifications. The trench shoring shall be designed and installed to support the steel plate bridging and traffic loads. All approvals for design, substitution of materials or methods shall be submitted by the Contractor in accordance with all provisions of section 2-5.3 Shop Drawings and Submittals. The Contractor shall backfill and resurface excavations in accordance with section 306-1.5. Add the following section: 306-1.1.7.3 Installation. When backfilling operations of an excavation in the traveled way, whether transverse or longitudinal cannot be properly completed within a work day, steel plate bridging with a non-skid surface and shoring may be required to preserve unobstructed traffic flow. In such cases, the following conditions shall apply: a) steel plate bridging when the plate score exceeds 50 is not allowed except when, at the sole discretion of the Engineer, it is approved as specified hereinbefore. b) Steel plates used for bridging must extend a minimum of 610 mm (2') beyond the edges of the trench. c) Steel plate bridging shall be installed to operate with minimum noise. When the use of steel plate bridging and shoring is approved by the Engineer, the Contractor shall install using either Method (1) or (2) depending on the design speed of the portion of street where the steel plate bridging Is proposed for use. Method 1 [For speeds more than 70 Km/hr (45 MPH)]: The pavement shall be cold planed to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. The cold milling shall produce a flat surface that the plate shall rest on with no horizontal or vertical movement. Horizontal gaps between the unmilled pavement and the plate shall not exceed 25 mm (1") and shall be filled with elastomeric sealant material which may, at the contractor's option, be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of tables 203-5.2(B) and 203-5.3(A). Method 2 [For speeds 70 Km/hr (45 MPH) or less]: Approach plate(s) and ending plate (if longitudinal placement) shall be attached to the roadway and shall be secured against displacement by using two adjustable cleats that are no less than 50 mm (2") shorter than the width of the trench bolted to the underside of each plate and located within 150 mm (6") of the beginning and end of the trench for plates at the beginning and end of the trench, a minimum of two 300 mm long by 19 mm diameter (12" x %") steel bolts placed through the plate and driven into holes drilled 300 mm (12") into the pavement section, or other devices approved by the Engineer. Subsequent plates shall be butted to each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum ^ slope 8.5% with a minimum 300 mm (12") taper to cover all edges of the steel plates. When steel plates are removed, the dowel holes in the pavement section shall be completely filled with elastomeric sealant material. At the Contractor's option, the methods required for Method 1 may be used. If the Contractor so elects, all requirements of Method 1 shall be used. The Contractor shall 0 DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 164 of 178 Pages maintain the steel plates, shoring, and asphalt concrete ramps and maintain and restore the street surface during and after their use. Add the following section: . -r ui 306-1.1.7.4 Materials. The minimal thickness of steel plate bridging shall be as shown in Table 306-1.1.7.4(A) REQUIRED PLATE THICKNESS F( DR A GIVEN TRENCH WIDTH Maximum Trench Width Minimum Plate Thickness 0.3 m (10") 13 mm ('/.") 0.6 m (23") 19 mm m 0.8 m (31") 22 mm (7a") 1.0 m (41") 25 mm (1") 1.6 m (63") 32 mm (1 V^) a. nronarori hw a rpnietprfaH nivil ennineer and submitted to ^ I ^ I Ul 0|./cii IO yi c.ciic.1 ll lai i i .u 111 \w> /, wi.^.. v*- g.. — - j - ^ — the Engineer for review and approval in accordance with section 2-5.3. Steel plate bridging shall be steel plate designed to support the HS20-44 truck loading per CALTRANS Bridge Design Specifications Manual. The Contractor shall maintain a non-skid surface on the steel plate with no less than a coefficient of friction of 0.35 as determined by California Test Method 342. If a different test method is used, the Contractor may utilize standard test plates with known coefficients of friction available from the CALTRANS District 11 Materials Engineer to correlate skid resistance results to California Test Method 342. In addition to all other required construction signing, the Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging. Add the following section: . 306-1.1.7.5 Measurement and Payment. Steel plate bridge materials including, but not limited to: steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and padding, signage, placing, installation, removal, relocation, preparation and processing of shop drawings and submittals to support the use of steel plate bridging and all other materials, labor, supen/ision, overhead of any type or description will be paid for as an Incidental to the work that the bridging is Installed to facilitate. No separate payment for steel plate bridging will be made. No extension to contract time will be allowed for, or because of, the use of steel plate bridging. 306-1.2.1 Bedding. All installation of, and bedding for recycled water, or potable water mains shall conform to Carisbad Municipal Water District Rules and Regulations for the Construction of (Potable or Reclaimed) Water Mains, latest edition. 306-1.2.4 Field Jointing of Reinforced Concrete Pipe, add the following: The Contractor shall provide Gasket-type joints for reinforced concrete pipe (watertight joints) where indicated on plans. 306-1.3.1 General, add the following: The Contractor shall install detectable underground utility marking tape 230 mm x75 mm (9" x 3") above each or, in the case of bundled underground conduit of the same type, the upper underground conduit being installed by the open trench method. The type and color of detectable underground utility marking tape shall conform to the requirements of section 207-25 et seq. 306-1.3.4 Compaction Requirements, delete Section 306-1.3.4 and replace with the following: The Contractor shall densify trench backfill to a minimum of 90 percent relative compaction except that in the top 300 mm (12") of the street right-of-way, compaction shall be 95 percent. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 165 of 178 Pages 'start*'' 306-1.5 Trench Resurfacing. 306-1.5.1 Temporary Resurfacing. Delete the fourth and fifth paragraphs and substitute the following: Temporary bituminous resurfacing materials which are placed by the Contractor are for its convenience and shall be at no cost to the Agency. Temporary bituminous resurfacing materials shall be used in lieu of permanent resurfacing only when approved by the Engineer. When temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and replaced with permanent resurfacing within 7 days of placement. No additional payment will be made for temporary bituminous resurfacing materials. The price bid for the associated conduit or structure shall include full compensation for furnishing, placing, maintaining, removing, and disposing of such temporary resurfacing materials. 306-1.5.2 Permanent Resurfacing. Add the following: Except as provided in section 306-1.5.1, "Temporary Resurfacing," the Contractor shall perform permanent trench resurfacing within 24 hours after the completion of backfill and densification of backfill and aggregate base materials. 306-1.6 Basis of Payment for Open Trench Installation, add the following: Payment for utilities undergrounding which includes the utility trench for CATV and SDG&E and conduit for SDG&E's electric conversion shall be made on the basis of contract lump sum price for utilities undergrounding and no other payments will be made. Cox Cable will supply and deliver conduits and fittings to be installed by the Contractor. Cox Cable will install enclosures. The Contractor will furnish and install 6.4 mm (14") nylon pull ropes in all conduit. 306- 5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following: Unless othenA/ise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. SECTION 307 - STREET LIGHTING AND TRAFFIC SIGNALS 307- 3 STREET LIGHTING AND TRAFFIC SIGNALS. Modify as follows: Section 86, "Signals, Lighting and Electrical Systems", of the Caltrans Standard Specifications replaces Section 209, "Electrical Components", and Section 307, "Street Lighting and Traffic Signals", of the SSPWC. in all matters pertaining to the specifications for measurement, payment, warranty, materials and methods of construction of street lighting and traffic signals. SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 308- 2 EARTHWORK AND TOPSOIL PLACEMENT 308-2.1 General. Add the following: The landscape work shall not begin until all other trades have repaired all areas of settlement, erosion, rutting, etc., and the soils have been re-established, re- compacted and refinished to final grades. The Engineer shall be notified of alt areas where the landscape work is prevented from being executed. 308-2.3.1 General. In the first sentence of the first paragraph substitute Class 'A' with Class 'C. Add the following: Within all of the median planting areas, the top 14 inches of the existing material, such as asphalt, concrete, base material, or existing soil as measured from the finished grade of the adjacent paving shall be excavated and removed and 12 inches of approved Class "A" topsoil shall ^'N^ DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 166 of 178 Pages be imported and installed. The Class 'A' topsoil shall begin 2 inches below finished grade and shall be installed over Class 'C topsoil. All other planting areas shall contain Class "C" topsoil per section 212-1.1.4 unless additional fill soil is needed, which shall be Class "A" topsoil per section 212-1.1.2. 308-2.3.2 Fertilization and Conditioning Procedures. Add the following: The Contractor shall cultivate the surface of all areas to be planted or hydroseeded by discing, ripping or scarifying the finish grade. After cultivation the Contractor shall clear the planting areas of stones to the depth of cultivation and shall be rake the planting areas to a smooth friable and plantable surface. The Contractor shall cultivate all planting areas, except slopes steeper than 3-1/2:1 (horizontal to vertical), to a depth of 300 mm (12"). The planting areas that are slopes steeper than 3-1/2:1, shall be cultivated to a depth of 150 mm (6"). Prior to the start of any planting the surface and root area shall be evenly and thoroughly moistened to no less than 75-percent of field capacity. The Contractor shall certify, in writing, that the ground surface has been prepared in accordance with this section and shall request inspection by the Engineer prior to any planting or seeding. The Contractor shall obtain the Engineer's approval before any planting. The Contractor shall apply post-plant 12-4-6 fertilizer at the rate of 20 pounds per 1,000 square feet, 30 days after planting and every 30 days through the end of the maintenance period. 308-4 PLANTING. 308-4.1 General, add the following: The Contractor shall perform actual planting during those periods when weather and soil conditions are suitable and in accordance with locally accepted horticultural practice and as approved by the Engineer. No planting shall be done in any area until it has been satisfactorily prepared in accordance with these specifications. Soil moisture level prior to planting shall be no less than 75 percent of field capacity. The Contractor shall obtain the Engineer's approval of planting pits before planting operations begin. For pit planted vegetation when the soil moisture level is found to be insufficient for planting, the Contractor shall fill the planting pits with water and allow them to drain before starting planting operations. No more plants shall be distributed in the planting area on any day than can be planted and watered on that day. The Contractor shall plant and water all plants as herein specified immediately after removal from their containers. Containers shall not be cut prior to placing the plants in the planting area. It shall be the responsibility of the Contractor to provide continuous horticultural services and temporary and/or permanent Irrigation to all planted and hydroseeded areas so that the planted and hydroseeded vegetation is 100 percent healthy and thriving prior to, and throughout the, landscape maintenance period. 308-4.2 Protection and Storage, add the following: The Contractor shall submit a sheltered and secure location for on-site plant storage area for the Engineer's approval prior to the delivery of any plant materials. Any plant determined by the Engineer to be wilted, broken, or othenA/ise damaged shall be rejected at any time during the project, whether in the ground or not. All plants shall be handled by their containers. Any plant that has been handled by its trunk or stem shall be rejected. All rejected plants shall be removed from the site immediately. 308-4.3 Layout and Plant Location, modify as follows: Planting areas shall be staked by the Contractor and the Contractor shall obtain the Engineer's approval of the planting layout before planting operations begin. 308-4.5 Tree and Shrub Planting. Delete the first sentence of the first paragraph and replace with the following: Planting holes shall have vertical sides to the depth of the rootball and shall be two times the width of the rootball. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 167 of 178 Pages Delete the fourth paragraph and replace with the following: Planting holes within the medians shall \^ be backfilled with the approved Class "A" topsoil and planting holes outside of the medians shall be backfilled with on-site, approved Class "C" topsoil. For each one-gallon container, one fertilizer tablet shall be added to the backfill soil. Delete items #1, #2. #3 in the fifth paragraph and replace with the following: 1) Set plant in the center of the hole with the fullest growth facing the prevailing wind. 2) Position the plant in the hole so that the top of the rootball is one inch above the finished grade and backfill no higher than halfway up the root ball. Place the recom- mended number of tablets evenly around the perimeter of and immediately adjacent to, the root ball at a depth that is between the middle and the bottom of the root ball. 3) Complete the backfilling, tamp (eliminating all air voids), sloping the soil away from the rootball to finished grade, and water. 308-5 IRRIGATION SYSTEM INSTALLATION. 308-5.1 General. Add the following: The Contractor shall check and verify the water pressure at the Point of Connection (P.O.C.) prior to beginning work. The Contractor shall notify the Engineer of any discrepancy between pressure indicated on the Plans and the actual water pressure measured in the field. If the pressure provided at work site or any other conditions create problems that shall prevent proper operation of the irrigation system, the Engineer shall be notified before commencement of any work. The Contractor shall apply irrigation water as often and in sufficient amounts, as conditions may require, to germinate and establish the seed and keep the container plants healthy and growing. The Contractor shall lay out lines, valves, and other underground utilities and receive the approval of the Engineer before digging trenches. The Contractor shall be responsible for damages caused by its operations. Connections shall be made at approximately the locations shown on the drawings. The Contractor shall be responsible for unapproved changes. Permission to shut off any existing in-use water lines must be obtained 48 hours in advance, as to the date, time and exact length of time of each shut-off. The Contractor shall demonstrate that the entire irrigation system is under full automatic operation for a period of seven days prior to any planting. 308-5.2 Irrigation Pipeline Installation, add the following: The Contractor shall install all pressure main line piping from the irrigation system so as to maintain 3.1 m (10') minimum horizontal separation from all potable water piping. Where reclaimed and potable water pressure mainline piping cross, the reclaimed water piping shall be installed below the potable water piping, sleeved in a pressure rating of 200 PSl SDR 21 "Alertline" PVC sleeve which extends a minimum of 3.1 m (10') on either side of the potable water piping and be located to provide a minimum vertical clearance of 300 mm (12") between the reclaimed and potable water lines. Conventional (white) PVC pipe Schedule 40 may be used for sleeving material if it is taped along its entire length with 75 mm (3") wide purple warning tape which reads "Caution Reclaimed Water". For trenching through areas where topsoil has been spread, the Contractor shall deposit topsoil on one side of trench and subsoil on opposite side. Subsoil shall be free of all rocks 13 mm {Vk") in diameter or larger, debris, and litter, prior to use as backfill. The Contractor shall repair any leaks and replace all defective pipe or fittings until lines meet test requirements. The Contractor shall not %^ DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 168 of 178 Pages cover any lines until they have been inspected and approved by the Engineer for tightness quality of workmanship, and materials. The Contractor shall not be backfill trenches until all required tests and ^ obsen/ations are performed. Obsen/ations include sprinkler heads, all fittings, lateral and mainline ^ pipe, valves, and direct burial wire. 308-5 2 3 Plastic Pipeline. Add the following: The Contractor shall store all pipe and fittings under cover until used, and all pipe and fittings shall transported in a vehicle with a bed long enough to allow the length of pipe to lay flat so as not to be subjected to undue bending or concentrated extemal load at any point. Pipe ends and fittings shall be wiped with MEK, or equal, before welding solvent is applied. Welded joints shall be given a minimum of 15 minutes to set before moving or handling. All field cuts shall be beveled to remove burrs and excess before fitting and gluing together. The Contractor shall center load pipe with small amount of backfill to prevent arching and slipping under pressure. Joints shall be exposed for Inspection during testing. Plastlc-to-plastic joints shall be solvent-welded, using only solvent recommended by pipe manufacturer. 308-5.3 Installation of Valves, Valve Boxes, and Special Equipment. Delete the third, fifth, and sixth paragraphs. Add the following section: . . u i «... 308-5.2.6 Installation of Brass Pipe. The Contractor shall cut brass piping by power hacksaw circular cutting machine using an abrasive wheel, or hand hacksaw. No piping shall be cut with metallic wheel cutter of any description. The Contractor shall ream and remove rough edges or burrs on all pipe so that smooth and unobstructed flow is obtained, place Teflon tape. Teflon dope or approved equal on male threads only, and tighten to prevent any leakage. The Contractor shall tighten screwed joints with tongs or wrenches. Caulking is not permitted. ^ Add the following section: 308-5.3.1 Valves, add the following: , or^^ r^r>. The Contractor shall install each control valve in a separate valve box with a minimum of 300 mm (12") separation between valves and 150 mm (6") from any fixed object or structure. Where several valve boxes are located in the same area, arrange them in a uniform and orderly fashion. Add the following section , ^ .... 308-5 3 2 Valve Boxes. The Contractor shall install no more than one valve per box. All boxes are to be marked as to the type of valve. Remote control valve boxes shall also indicate control station number. 308-5 4.4 Sprinkler Head Adjustment. Add the following: The Contractor shall flush and adjust all irrigation heads and valves for optimum performance and to prevent overspray onto walks, roadways buildings, walls, and other structures. 308-5 5 Automatic Control System Installation, add the following: The Contractor shall install all portions of the electrical installation with materials and methods conforming to the requirements of the 1996 National Electrical Code. The Contractor shall provide no less than one control wire and one common ground wire to sen/Ice each valve in system. Loop 36" of excess wire into each single valve box and into one valve box in each group of valves. Field splices between the automatic controller and electrical control valves will not be allowed without prior approval of the Engineer. Spare Wires: Two red and one white spare wires shall be run in each direction from furthest valve of DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 169 of 178 Pages --•.^007 furthest valve manifold on each mainline run to each controller. w Automatic Controllers: Controllers shall be installed approximately where shown on the Plans after having verified exact positioning with the Engineer. Units shall be installed plumb and in a manner as recommended by the manufacturer in the enclosure. Delete the first sentence in the fourth paragraph and replace with "All sen/ice wiring shall be installed at the minimum depth specified in 308-2.2 in Schedule 40 PVC conduit." In the fourth paragraph, replace the word "concrete" with "plastic" in all cases. 308-5.6.1 General. Add the following: If leaks develop, repair leaking portions and repeat test until entire system is proven to be water-tight. Tests shall be observed and approved by the Engineer prior to backfilling trenches. 308-5.6.2 Pipeline Pressure Test. Add the following: Swing joints, spray heads, etc are not included in the lateral line pressure test. 308-5.6.3 Sprinkler Coverage Test Add the following: This test shall be accomplished before any ground cover is planted. 308-6 MAINTENANCE AND PLANT ESTABLISHMENT. Add the following: For hydroseeded areas, median planting and mitigation area. The Contractor shall maintain said areas for period of no less than 120 days or until final acceptance of the project, whichever is the greater. Mowing is not required for hydroseeded areas. The Contractor shall provide complete landscape maintenance of all planted areas. The work shall include, but not be limited to, watering, litter control, weed control, stake repair, cultivating, supplementary fertilization, repair of irrigation systems, and control of diseases and pests. The Contractor shall submit a written plan to control weeds, disease, and pest Infestations in the planting areas. The submittal shall confonn to the requirements for shop drawings as specified in section 2-5.3 et seq. of the specifications. The Engineer shall approve all methods and materials for such control. Upon approval, the Contractor shall implement the control measures, exercising extreme caution in using pesticides and taking all steps to ensure the safety of the public. Only licensed personnel will be pennitted to perform toxic spraying work. During the plant establishment period, the Contractor shall furnish sufficient workers and equipment on a daily basis to perform the work required by this section. Any day when the Contractor fails to adequately carry out specified maintenance work, as determined necessary by the Engineer, will not be credited as one of the plant establishment days. All planting areas which are damaged by construction shall be repaired by the Contractor within twenty (20) days following completion of construction in such. The Contractor shall repair such damaged areas. The repair shall consist of bringing the damaged area back to final grade, preparing the soil, replanting the area with the same vegetation as originally specified, and maintaining the area to achieve acceptable plant establishment. The Contractor shall apply post-plant fertilizer during the maintenance period as described in section 308-2.3.2 308-7 GUARANTEE. Add following: The Contractor shall guarantee all 600 mm (24") box trees installed under the contract to live and grow for one year from the day of final acceptance of the contract work. The Contractor shall guarantee all other plant material, including ground covers to live and grow for a period of 30 days from the last day of the maintenance period or final acceptance of the contract work, whichever is the later. The Contractor shall replace, at its expense, all plant material found to be dead, missing, or in poor condition during the maintenance period within 5 days of DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 170 of 178 Pages furthest valve manifold on each mainline run to each controller. Automatic Controllers: Controllers shall be installed approximately where shown on the Plans after having verified exact positioning with the Engineer. Units shall be installed plumb and in a manner as recommended by the manufacturer in the enclosure. Delete the first sentence in the fourth paragraph and replace with "All sen/ice wiring shall be installed at the minimum depth specified in 308-2.2 in Schedule 40 PVC conduit." In the fourth paragraph, replace the word "concrete" with "plastic" in all cases. 308-5.6.1 General. Add the following: If leaks develop, repair leaking portions and repeat test until entire system is proven to be water-tight. Tests shall be obsen/ed and approved by the Engineer prior to backfilling trenches. 308-5.6.2 Pipeline Pressure Test. Add the following: Swing joints, spray heads, etc are not included in the lateral line pressure test. 308-5.6.3 Sprinkler Coverage Test. Add the following: This test shall be accomplished before any ground cover is planted. 308-6 MAINTENANCE AND PLANT ESTABLISHMENT. Add the following: For hydroseeded areas, median planting and mitigation area, The Contractor shall maintain said areas for period of no less than 120 days or until final acceptance of the project, whichever is the greater. Mowing is not required for hydroseeded areas. The Contractor shall provide complete landscape maintenance of all planted areas. The work shall include, but not be limited to, watering, litter control, weed control, stake repair, cultivating, supplementary fertilization, repair of irrigation systems, and control of diseases and pests. The Contractor shall submit a written plan to control weeds, disease, and pest infestations in the planting areas. The submittal shall confonn to the requirements for shop drawings as specified in section 2-5.3 et seq. of the specifications. The Engineer shall approve all methods and materials for such control. Upon approval, the Contractor shall implement the control measures, exercising extreme caution in using pesticides and taking all steps to ensure the safety of the public. Only licensed personnel will be pennitted to perfonn toxic spraying wori<. During the plant establishment period, the Contractor shall furnish sufficient workers and equipment on a daily basis to perform the work required by this section. Any day when the Contractor fails to adequately carry out specified maintenance work, as determined necessary by the Engineer, will not be credited as one of the plant establishment days. All planting areas which are damaged by construction shall be repaired by the Contractor within twenty (20) days following completion of construction in such. The Contractor shall repair such damaged areas. The repair shall consist of bringing the damaged area back to final grade, preparing the soil, replanting the area with the same vegetation as originally specified, and maintaining the area to achieve acceptable plant establishment. The Contractor shall apply post-plant fertilizer during the maintenance period as described in section 308-2.3.2 308-7 GUARANTEE. Add following: The Contractor shall guarantee all 600 mm (24") box trees installed under the contract to live and grow for one year from the day of final acceptance of the contract work. The Contractor shall guarantee all other plant material, including ground covers to live and grow for a period of 30 days from the last day of the maintenance period or final acceptance of the contract work, whichever is the later. The Contractor shall replace, at its expense, all plant material found to be dead, missing, or in poor condition during the maintenance period within 5 days of DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 170 of 178 Pages discovery of such plant material. The Engineer shall be the sole judge as to the condition of the plant material. Plant material found to be dead or in poor condition within the guarantee period shall be /^ replaced by the Contractor, at its expense, within 15 days of written notification. Replacements shall be made to the same specifications required for the original plantings. The Contractor shall submit written vegetation, planting and irrigation guarantee in approved form that all work showing defects in materials or workmanship will be repaired or replaced at no cost to the Engineer for a period of one year from the date of acceptance by the Engineer. The Guarantee form shall be retyped on the Contractor's letterhead and contain the following verbiage: "Guarantee For Vegetation, Planting and Irrigation System For (Project Name) We hereby guarantee tliat ttie vegetation, planting and irrigation system we fiave furnished and installed for (project name) is free from defects in materials and workmanship, and the worf( has been completed in accordance with the drawings and specifications. We agree to repair or replace any defect in vegetation, material or worl<manship, including that due to ordinary wear and tear, which may develop during the periods specified in section 308-7 of the Standard Specifications and the Special Provisions of said project from date of completion of the Work or termination of any maintenance period, whichever is the later, and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the Agency . This guarantee does not extend to unusual abuse or neglect that may occur subsequent to the date of completion of the Work or termination of any maintenance period, whichever is the later. We shall make such repairs or replacements within a reasonable time, as determined by the Engineer, after receipt of written notice. In the event of failure to make such repairs or replacements within a reasonable time after receipt of written notice from the Engineer, we authorize the Engineer to proceed to have said repairs or replacements made at our expense, and we will pay the costs and charges therefore upon demand. Project: (Project Name) Location: (Legal Description of Project Property) j Name of Contractor: Address: (Of Contractor) Telephone:: (Of Contractor) By: (Typed or printed names of signing Officer(s) of the Contractor authorized to bind the Contractor in legal matters) Title: (Of said officer(s)) Signature(s) Date of Execution^" Add the following section: 308-7.1 Record Drawings. In addition to the requirements of section 2-5.4, herein, the Contractor shall prepare record drawings that show ail changes in the work constituting departures from the original contract drawings, including those involving both constant-pressure and intennittent-pressure lines and appurtenances. The Contractor shall accurately record, on a daily basis, on one set of blue line prints of the irrigation drawings, all changes in wori< constituting departures from the original contract drawings, Including changes in both pressure and nonpressure line. The Contractor shall post information on record drawings no later than the next working day after the work is installed. The Contractor shall record changes and dimensions in a legible and professional manner. When the drawings are approved by the Engineer the Contractor shall transfer all infonnation to a set of reproducible photo mylar drawings. Items required to be shown shall be dimensioned by the Contractor from two permanent points of reference (buildings, monuments, sidewalks, curbs, pavement). The accuracy of location of all items to be shown on the drawings shall be 150 mm (6") in both the vertical and horizontal planes. All text and numerals placed on drawings shall be 0.30 mm (Va") in size. Facilities and items to be located in their horizontal and vertical positions and shown on the record drawings include all: a) Point(s) of connection, for water and electrical sen/ices b) Routing of irrigation pressure mainlines c) Backflow preventors DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 171 of 178 Pages d) Ball, gate and check valves e) Irrigation control valves. f) Quick coupler valves g) Routing of sen/ice wires h) Routing of control wires 1) Electrical service equipment j) Electrical junction boxes k) Irrigation controllers 1) Sleeves for future connections m) Other equipment of a similar nature (as directed by the Engineer). The Contractor shall keep the blue print drawings available for the Engineer's inspection at any time. The Contractor shall make all changes to reproducible drawings in waterproof black ink (no ball point pen). Changes in dimensions shall be recorded in a legible and professional manner. Record construction drawings shall be maintained at the job site during construction. The Contractor shall provide one set of mylar "record" drawings to the Engineer after submitting blueline prints of the proposed "record" drawings for. and obtaining their approval by. the Engineer. Add the following section: 308-7.2 Controller Chart. The Contractor shall prepare record drawings which shall be submitted to the Engineer for approval by the Engineer before charts are prepared. The Contractor shall provide one controller chart of the maximum size the controller doonA/ill allow, for each controller supplied, showing the area covered by that automatic controller. The chart shall be a reduction of the actual record system drawing with a legend to explain all symbols. If the controller sequence is not legible when the drawing is reduced. The Contractor shall enlarge it to a size that will be readable when reduced. The Contractor shall photocopy the chart, with a pastel transparent color used to show area of coverage for each station. When completed and approved, the Contractor shall hennetically seal the chart between two pieces of plastic, each piece being a minimum 20 mils thick. The Contractor shall complete the charts and obtain the Engineers approval prior to final inspection of the irrigation system. Add the following section: 308-7.3 Operation and Maintenance Manuals. The Contractor shall prepare and deliver to the Engineer, within 10 calendar days prior to completion of construction, all required and necessary descriptive material in complete detail and sufficient quantity, properly prepared In four individual bound copies. The descriptive material shall describe the material installed in sufficient detail to permit qualified operating personnel to understand, operate, and maintain all equipment. The Contractor shall Include spare parts list and related manufacturer information for each equipment item installed. Each manual shall Include the following: a) Index sheet stating Contractor's address and telephone number. b) Duration of Guarantee period. c) List of equipment, with names and addresses of manufacturer's local representative. d) Complete operating and maintenance instructions on all major equipment. e) In addition to the maintenance manuals, the Contractor shall provide the agency maintenance personnel with instructions for major equipment, and show written evidence to the Engineer at the conclusion of the work that this sen/ice has been rendered. Add the following section: 308-7.4 Check List. The Contractor shall complete and fonA/ard signed and dated checklist to the Engineer before final acceptance of project. the following checklist at the end of the project, using the format shown: a) Plumbing permits (if none required, so note) DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 172 of 178 Pages b) Materials approval c) Pressure mainline test (by whom, and date) d) Record drawings completed (received by, and date) e) Controller chart completed (received by, and date) f) Materials furnished (received by, and date) g) Operation and maintenance manuals furnished (received by, and date) h) System and equipment operation instructions (received by, and date) i) Manufacturer warranties (received by. and date) j) Written guarantee by Contractor (received by, and date) 308-8 PAYMENT. Add the following: The lump-sum or unit prices set forth in the contract documents shall include, but not be limited to, full compensation for furnishing all labor, materials, tools, and equipment and performing all work necessary to complete, maintain, and guarantee the planting and irrigation work described or specified in the contract documents, including soils testing and recommended soil amendments, bark mulch, plant materials, temporary irrigation and permanent irrigation, including ball valves, electric control valves, quick couplers, control wires, pull boxes, valve boxes, all piping and sleeves, electrical conduits, irrigation heads, bubblers, installation of controller enclosure, concrete pads, preparation, correction, reproduction and lamination of "as- builf drawings, controller charts, assembly and submittal of the check list and operation and maintenance manuals and all appurtenances to the aforementioned items, as well as 120 days' maintenance and project guarantees. After completion of the project, the Engineer will retain $6,000 of the total contract amount, and will subsequently disburse the $6,000 to the Contractor on a monthly basis of $1,500 per month. The Engineer resen/es the right to stop payment until all punch list items submitted to the Contractor every month are completed. SECTION 310-PAINTING 310-5 PAINTING VARIOUS SURFACES. 310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supen/ision necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Plans, or for approved temporary detours essential for safe control of traffic through and around the construction site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings. 310-5.6.3 Equipment Delete the ninth paragraph and substitute the following: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove ali existing or temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Manual, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm (/a") In 3 m (10') when measured parallel to the centeriine of the street or more than 6 mm ( W) in 3 m (10') when measured perpendicular to the centeriine of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. 310-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans by wet grinding methods. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 173 of 178 Pages into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and .detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.10') thick asphalt concrete overlay is not permitted. 310-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contractor shall establish the necessary control points for all required pavement striping and markings by sun/eying methods. No layout of traffic striping shall be performed by the Contractor before establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than 80mm per 100m (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight stripes deviating more than 80mm per 100mm (1/ 2 inch in 50 feet) by wet grinding, and then correcting the markings. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the work progresses. 310-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contractor shall apply the first coat of paint Immediately upon approval of striping layout by the Engineer. The Contractor shall paint a second coat of paint one week after the first coat. The Contractor shall paint the ends of each median nose yellow. Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stnpes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. 310-5.6.10 Measurement and Payment. Modify the first paragraph as follows: Final and temporary traffic striping, curb markings and pavement markings as shown on the plans and required by the specifications shall be included in the lump-sum price bid for "Striping and Pavement Markings", and no additional compensation will be allowed therefore. Reapplication of temporary stnpes and markings shalP be repainted at the Contractor's expense, and no additional compensation will be allowed therefore. The lump sum prices bid and shall include all labor, tools, equipment, materials, and Incidentals for doing all work In installing the final and temporary traffic striping. Add the following Section: 310-7 PERMANENT SIGNING Add the following Section: 310-7.1 General. Add the following section: The Contractor shall provide and install all permanent traffic control signs at locations shown on plans and as specified herein. Add the following section: 310-7.2 Measurement And Payment. Permanent signing and appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for permanent signing and payment therefore shall include full compensation for furnishing all labor, materials, tools, equipment, and Incidentals and for doing all the work involved In supplying and installing pennanent signing and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 174 of 178 Pages SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT. Add the following to the third paragraph: 4) When being installed on asphalt concrete pavement sooner than 14 days after placement of the asphalt concrete pavement course on which the pavement markers are to be placed. Add the follovving section: 312- 1.1 Reflective Channelizer Placement and Removal. The Contractor shall place and remove reflective channelizers the same as for pavement marker placement and removal. The Contractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on cun/ed alignment to the same tolerances of position as for application of paint in section 310-5.6.8. The Contractor shall perform alt layout work necessary to place the channelizers to the proper alignment. If the channelizers are displaced or fait to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. When reflective channelizers are removed the pavement surface shalt be restored to the same cotor and surface finish as the adjacent pavement. SECTION 313 - TEMPORARY TRAFFIC CONTROL DEVICES Add the fotlowing section: 313- 1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the foitowing section: 313-1.1 General. The Contractor shall supply and install temporary traffic pavement markers, channelizers. signing, railing (type K), crash cushions and appurtenances at the locations shown on ^ the plans and as required in the specifications, complete in place prior to opening the traveled way sen/ed by said final and temporary traffic pavement markers, signing, railing (type K) and ^**»^ appurtenances to public traffic. 313-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's Instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shalt not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be In place for less than 30 days. Reflective pavement markers used in place of the removable-type pavement markers shall confonn to the section 312 "Pavement Marker Placement and Removal", except the 14-day waiting period before placing the pavement mariners on new asphalt concrete surfacing as specified in section 312-1 "Placement", shalt not appty; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers witl be required. Add the fotlowing section: 313-1.3 Channelizers. Channelizers shalt be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shalt be 75 mmx 300mm (3" x 12") in size. The reflective sheeting shall be visible at 300 m (1000') at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in section DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 175 of 178 Pages 312- 1, "Placement." Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer. The channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on cun/ed alignment. All layout work necessary to place the channelizers to the proper alignment shalt be performed by the Contractor. If the channelizers are displaced or fail to remain In an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of section 4-1.5, "Certification". Said certificate shall certify that the channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the Engineer and were manufactured in accordance with a quality control program approved by the Engineer. Add the following section: 313- 2 TEMPORARY TRAFFIC SIGNING. Add the following section: 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shatt maintain alt temporary traffic signs used in the Work in a ctean, reflective and readable condition. The Contractor shalt replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS. Add the following section: .,x ,. • * < 313-3.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand-filted crash cushions units as shown on the plans. 313-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K) Shalt be freshly coated with a white color paint prior to their first use on the project. The paint shall conform to the provisions in sections 210-1.5 "Paint Systems" and 310 "Painting". Contractor shalt be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours. The Contractor Shall replace or repaint units of Temporary railing (Type K) or shalt remove graffiti, tire or vehicle marks, dirt or any and alt materials such that said marks or discoloration mar the appearance of said units when ordered by the Engineer after the units are in place. Add the following section. . .L. x 313-3.1.2 Manufacture of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be manufactured per CALTRANS Standard Drawing T3. Concrete used to manufacture Temporary railing (Type K) shall conform to the provisions in sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures"." Load tickets and a Certificate of Compliance will not be required. Reinforcing steel shall conform to the provisions sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures". Steel bars to receive bolts at ends of concrete panels shall conform to ASTM Designation: A36/A36M. The bolts shall conform to ASTM Designation: A 307. A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans. The bar shall conform to ASTM Designation: A 36/A 36M. shall have a minimum length of 660 mm and shall have a 75 mm (3") diameter by 9 mm (V) thick plate welded DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 176 of 178 Pages on the upper end with a 5-mm (V^e) fillet weld. The final surface finish of temporary railings (Type K) shatt conform to the provisions in section 303-1.9.2 "Ordinary Surface Finish." Exposed surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented curing compound method. The pigmented curing compound shall be type 2 curing compound. Temporary railing (Type K) may have the Contractor's name or logo on each panel. The name or logo shall not be more than 100 mm in height and shall be located not more than 300 mm above the bottom of the rail panel. Add the fotlowing section. 313-3.1.3 Installation of Temporary Railing, tn addition to the requirements herein the temporary raiting (Type K) shall be installed per CALTRANS Standard Drawing T3. Temporary railing (Type K) shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing throughout the entire length of the railing. Abutting ends of precast concrete units shall be placed and maintained in alignment without substantial offset to each other. The precast concrete units shall be positioned straight on tangent alignment and on a true arc on cun/ed alignment Each rait unit placed within 3 m (10') of a traffic lane shatt have a reflector installed on top of the rail as directed by the Engineer. Reflectors and adhesive wilt be furnished by the Contractor. A Type P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement shall also be installed at each end of raiting Installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of section 206-7.2, "Temporary Traffic Signs". Where shown on the plans, threaded rods or dowels shall be bonded in hotes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary raiting shalt be restored to its previous condition, or constructed to its planned condition. Add the following section: 313-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall be "Energite III" manufactured by Energy Absorption Systems, "Fitch Inertlal Barrier System Modules" manufactured by Roadway Safety Sen/ice, or equal. Features required to determine equivalence of any other temporary sand-filled crash cushion units shall be approval of the system by CALTRANS and that the temporary sand-filled crash cushion units meet NCHRP 350 standards. Other features witl be suitability to application, operational characteristics, durability and other such characteristics that the Engineer shalt determine. Temporary sand-filled crash cushions (TSFCC) shalt be of the type and array configurations shown on plans, and installed at every end of, or gap in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of direction. Is 4.6 m (15') or less to the end of the temporary railing (Type K) being considered. The TSFCC Shalt be installed per CALTRANS Standard Drawings Tl and T2 for approach speeds no less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph), whichever is the greater. The TSFCC array shall be appropriate to the application as shown on said standard drawings. A Type J and/or P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement shalt also be installed at each TSFCC array as shown in CALTRANS Standard Drawings Tl and T2. Particular care shall be taken to assure that crash cushions are installed with the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF array shalt be graded such that any vehicle diverging from the travelled way to strike the TSCFF will travel on a vertical alignment paraltel to the segment of the travel lane that it departed from. Add the following section: 313-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary /^**^ channelizers, temporary signing, temporary railing (type K), temporary crash cushions and temporary appurtenances thereto shown on the plans or required in the specifications are a part of "•f^ DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 177 of 178 Pages the lump-sum bid item for Traffic Control and payment therefore shall include full compensation for furnishing all tabor, materials, tools, equipment, and incidentals and for doing alt the work involved in applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing, raiting (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors marking them shall Include the Installation, grading for installation, grading for the approach path, maintenance, painting and re-painting, replacement of damaged units and removal and shalt atso be included in the lump-sum price bid for traffic control. Payment for installation and/or relocation of K- rails and crash cushions when not shown on the plans and requested by the Engineer shalt be made per section 3-3, Extra Work, SSPWC. DBE—04/17/13 Contract No. 4012 Coastal Rail Trail Reach 1 Page 178 of 178 Pages APPENDIX A APPENDIX B