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Home My WebLink AboutSEMA Construction Inc; 2005-09-06; 39721-1Recording requested by: CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2007-0400754 JUN 13,2007 3:26 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 RY J. S MIT H. CO U N T Y R E CO R D E R FEES: 0 00 PAGES: 1 Space above this line for Recorder's Use NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is Carlsbad Public Financing Authority (CFPA), a joint powers authority. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed on March 13,2007. 6. The name of the contractor for such work of improvement is SEMA Construction, Inc. 7. The property on which the work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as Contract No. 39721-1, Mass Grading and Partial Utilities for the Carlsbad Municipal Golf Course. CARLSBAD PUBLIC FINANCING AUTHORITY PRUIM Public Works Director VERIFICATION OF SECRETARY I, the undersigned, say: I am the Secretary of the Carlsbad Public Financing Authority, 1200 Carlsbad Village Drive, Carlsbad, California, 92008. The Board of Directors of said Authority on June 12 , 2007, 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 ^J,une 13 2007, at Carlsbad, California. vN°r f \NA/Vr//'/> v—.,. •- - CARLSBAD PUBLIC FINANCING AUTHORITY AB #28 Reso #36 Secretary Karen R. Kundtz, Assistant Secretary CARLSBAD PUBLIC FINANCING AUTHORITY City of Carlsbad, California 1635 Faraday Avenue Carlsbad, California 92008 CONTRACT DOCUMENTS AND r- SUPPLEMENTAL PROVISIONS FOR CONTRACT 1: MASS GRADING & PARTIAL UTILITIES CARLSBAD MUNICIPAL GOLF COURSE PROJECT "7 CONTRACT NO. 39721-1 Revised 10/08/2003 Contract No. 39721-1 Page 1 of 122 Pages GOLF COURSE MASS GRADING AND PARTIAL UTILITIES FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT PROJECT OVERVIEW The Carlsbad Public Financing Authority (“CPFA”) is a joint powers authority of the City of Carlsbad, California. CPFA is developing an 18-hole, championship length public golf course project in the City of Carlsbad. The property upon which the golf course and related improvements will be developed is owned entirely by the CPFA. It is a “stand alone” golf course project, Le., no other commercial or residential construction will be associated with its development. The project is fully permitted and entitled. The overall project development will be constructed using three (3) prime contracts: I. 2. 3. Mass grading and partial site utilities, Contract 39721-1; Golf Course construction, Contract 39721 -2; Golf Course buildings, Contract 39721 -3. c Contract 39721 -1 for the Golf Course involves the following construction activities: 1. Site preparation; 2. 3. Storm drain system installation; 4. Site clearing including mass grading; Installation of domestic and reclaimed water lines. This is a General Engineering Contract “A” license project. It has a “fixed” schedule. Coordination with the other two (2) prime contractors, including comprehensive scheduling and sequencing of work activities, is critically important to the organizational efficiency and ultimate success of this project. The Carlsbad Public Financing Authority requests your interest, participation, and partnership in this important public project. Page I-A ,- GOLF COURSE MASS GRADING AND PARTIAL SITE UTILITIES FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT PRE-BID INFORMATION REQUESTS AND QUESTIONS FROM BIDDERS Prospective bidders are directed NOT to contact listed architects, engineers, designers, or other consultants involved with the design plans, specifications, or other documents for this project. Telephone inquiries, email messages, other inquiries, etc., will not be received or responded to by the design team or CPFA staff. All requests for information, clarifications, questions, inquiries of any kind during the bid period for this project are to be made IN WRITING and forwarded via FAX TRANSMITTAL to the following: Carlsbad Public Financing Authority City of Carlsbad, California Attention: Carlsbad City Golf Course Project FAX: 760-720-691 7 c Upon receipt of a written FAX inquiry, CPFA will review and evaluate the request for information. If the answer or response requires input from the design team of architects and engineers, CPFA will secure the information and answers from the design team and return same via FAX. Please do not send multiple individual questions or clarification requests; rather, please try and group your questions into one or two larger sets of inquiries. Prospective bidders are stronqlv encouraqed to completelv review the plans, specifications, supplemental provisions, and related contract documents and appendices before sendinq questions to CPFA in which the information and/or answers are clearlv available within the proiect documents provided. CPFA will discontinue to receive and shall not respond to any further questions and inquiries received via FAX after 12:OO pm, Friday, June IO, 2005. Please note CPFA will not consider or approve during the bid period any requests for substitution of specified equipment, systems, hardware, finishes, furnishings, building materials, landscape materials, utility systems or equipment, or other identified items or materials contained within the project documents. As indicated on Page 12 of the “Notice Inviting Bids,” please include and acknowledge any and all published Addendum(a) by CPFA during the bid period. Page I-B GOLF COURSE MASS GRADING AND PARTIAL UTILITIES FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT - EXISTING CONDITIONS Under a previous contract, hereafter referred to as “Phase 1 ,” CPFA completed in April, 2005 a pattial site environmental survey and fencing, site clearing, and site perimeter fencing operation. Environmental Survey: The site contains orange “environmental” fencing materials across much of the site. The location of this orange “environmental” fencing generally follows the “limits of grading” for the Contract No. 39721-1 and was surveyed in advance of the orange “environmental” fencing installation in Phase 1 by following the approved layout of the golf course and its facilities. Some sections of the orange “environmental” fencing also contain installed erosion control silt fabric. Contractors / bidders are hereby notified that the scope of work of Contract No. 39712-1 includes a pre-site clearing and pre-grading verification by a new survey of the “limits of grading” installed alignment for the entire project. This survey shall be undertaken by a qualified, licensed surveyor and shall be submitted to the Engineer for review and approval. Reference Section 2 of the Supplemental Provisions regarding survey requirements. The purpose of this new and critically important survey is to confirm the precise “limits of gradinq” prior to the initiation of the work under this contract. Contractor / bidders are further notified that the survey itself, along with any and all correction, modification, relocation, expansion, additional or reduced installed quantities of orange “environmental” fencing, etc., shall be included within the bid item cost of line item 23 “Surveying” contained within the Contractor‘s / bidder‘s proposal herein and no additional compensation shall be requested by Contractor nor approved by CPFA. Site Clearinq: Under the Phase 1 contract, CPFA completed a partial site clearing of existing vegetation on only a portion of the site. This work has no effect, nor does it modify or limit in any way, the site clearing and grubbing requirements under this Contract No. 39721-1 as described in the plans and specifications herein. Existinq Site Perimeter Fencing: Under the Phase I contract, CPFA installed partial site perimeter fencing generally fronting the site along Palomar Airport Road, College Boulevard, and Hidden Valley Road. This fencing is to remain in place during the time necessary to complete the work under Contract No. 39721-1. If the Contractor elects, or is required, or is otherwise requested by others to temporarily or permanently relocate a portion of this site perimeter fencing to facilitate or coordinate the work under this contract, Contractor shall do so at his own expense. Contractor shall not request nor shall CPFA approve additional compensation for Contractor‘s temporary or permanent relocation and / or re-installation of any portion of this existing site perimeter fencing regardless of time, reason, need, or cause. Contractor shall maintain this existing site perimeter fencing in good working order and appearance and shall replace portions of said fencing if it falls into disrepair when so ordered by the Engineer. rc- Page I - C ,-- TABLE OF CONTENTS Item . Paqe Project Overview ..................................................................................................... 1 -A Pre-Bid Information Requests ..................................................................................... I-B Existing Conditions ................................................................................................... 1 -C Notice Inviting Bids ................................................................................................................... 6 Contractor's Proposal ............................................................................................................... 10 Bid Security Form ..................................................................................................................... 21 Bidder's Bond to Accompany Proposal ..................................................................................... 22 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 ....................................................................................................................... 23 Designation of Subcontractor and Amount of Subcontractor's Bid Items .................................. 25 Designation of Owner Operator/Lessor and Amount of Owner Operator/Lessor Work ............. 26 . Bidder's Statement of Financial Responsibility .......................................................................... 27 Bidder's Statement of Technical Ability and Experience ............................................................ 28 Bidder's Certificate of Insurance for General Liability. Employers' Liability. Automotive Liability and Workers' Compensation ........................................................................................ 29 Bidder's Statement of Re Debarment ........................................................................................ 30 Bidder's Disclosure of Discipline Record ......................................................................... 31 33 Non-Collusion Affidavit to be Executed by Bidder and Submitted With Bid ............................... Contract Public Works .............................................................................................................. 34 Labor And Materials Bond ........................................................................................................ 40 Faithful PerformanceNVarranty Bond ........................................................................................ 42 Optional Escrow Agreement for Surety Deposits In Lieu of Retention ....................................... 44 . @ Revised 10/08/2003 Contract No . 39721-1 Page 2 of 122 Pages SUPPLEMENTAL PROVISIONS - PART I Section 1 1-1 1 -2 1-3 Section 2 2-3 2-4 2-5 2-9 2-1 0 Section 3 3-2 3-3 3-4 3-5 Section 4 4- 1 4-2 - Section 5 5- 1 5-4 5-6 Section 6 6-1 6-2 6-6 6-7 6-8 6-9 6-1 1 Section 7 7-3 74 7-5 7-7 7-8 7-1 0 7-1 3 GENERAL PROVISIONS Terms, Definitions, Abbreviations and Symbols Terms ............................................................................................................... 47 Definitions.. ....................................................................................................... Abbreviations.. .................................................................................................. Scope and Control of the Work Subcontracts ..................................................................................................... 49 Contract Bonds ................................................................................................. Plans and Specifications ................................................................................... Authority of Board and Engineer ....................................................................... Surveying ......................................................................................................... Changes In Work Extra Work ........................................................................................................ Disputed Work .................................................................................................. Changes Initiated by the Agency ...................................................................... Changed Conditions ......................................................................................... 62 Control of Materials Materials Transportation, Handling and Storage ................................................ Materials and Workmanship ............................................................................. 66 Utilities Location ............................................................................................................ 68 Relocation ........................................................................................................ Cooperation ...................................................................................................... Prosecution, Progress and Acceptance of the Work Construction Schedule and Commencement of Work.. ...................................... Prosecution of Work ......................................................................................... Delays and Extensions of Time ......................................................................... Time of Completion ........................................................................................... Completion and Acceptance ............................................................................. Liquidated Damages.. ....................................................................................... Site Observation Visits ...................................................................................... 68 Responsibilities of the Contractor Workers' Compensation Insurance ................................................................... Permits ............................................................................................................. Cooperation and Collateral Work ...................................................................... Project Site Maintenance .................................................................................. Public Convenience and Safety ........................................................................ Laws to Be Observed ....................................................................................... Liability insurance ............................................................................................. 84 a Revised 10/08/2003 Contract No. 39721-1 Page 3 of 122 Pages Section 8 Facilities for Agency Personnel .. 8-2 Field Office Facilities ............................................................................... _... ....... 89 9-1 Measurement Of Quantities For Unit Price Work ............................................... 92 9-3 Payment ........................................................................................................... ,--- Section 9 Measurement and Payment PART 2 CONSTRUCTION MATERIALS Section 200 Rock Materials 200-1 Rock Products ................................................................................................... 95 200-2 Untreated Base Materials ................................................................................. Section 201 Concrete. Mortar and Related Materials 201 -1 Portland Cement Concrete .............................................................................. 97 Section 206 Miscellaneous Metal Items 206-8 206-9 206-1 2 Mechanical Appurtenances ................................................................... 206-7 Traffic Signs ...................................................................................................... 98 Light Gage Steel Tubing and Connectors ......................................................... Portable Changeable Message Sign ................................................................. Section 207 Pipe 207-25 207-2 Reinforced Concrete Pipe .................................................................................. 103 Underground Utility Marking Tape .................................................................... . Section 213 Engineering Fabrics 21 3-2 Geotextiles ....................................................................................................... 106 21 3-3 Erosion Control Specialties ............................................................................... PART . 3 CONSTRUCTION METHODS Section 300 Earthwork 300-2 Unclassified Excavation ..................................................................................... 300-3 Structure Excavation and Backfill ....................................................................... 300-4 Unclassified Fill .................................................................................................. 300-9 Geotextiles for Erosion Control and Water Pollution Control .............................. 300-1 1 Stonework for Erosion Control ........................................................................... 300-1 Clearing and Grubbing ...................................................................................... 106 Section 301 301 -1 Subgrade Preparation ........................................................................................ 114 Section 303 303-2 Air-Placed Concrete ........................................................................................... 114 Treated Soil. Subgrade Preparation and Placement Of Base Materials Concrete and Masonry Construction . Section 306 Underground Conduit Construction 306-1 Open Trench Operations ................................................................................... 114 306-5 Abandonment of Conduits and Structures ......................................................... Section 308 Landscape Installation 308-1 Section 31 3 31 3-2 a Revised 10/08/2003 Tees. Greens. Sand Traps. and Grass Bunkers Construction ............................ 118 - Temporary Traffic Control Devices Temporary Traffic Signing ................................................................................. 31 3-1 Temporary Traffic Pavement Markers ................................................................ 120 Contract No . 39721-1 Page 4 of 122 Pages 31 3-3 31 3-4 Temporary Railing (Type K) And Crash Cushions ...................................... Measurement and Payment ............................................................................... F LEAD REMOVAL AND RECYCLING SPECIFICATIONS Lead Removal and Recycling Specifications ..................................................................... 1 SUPPLEMENTAL DOCUMENTS AND REPORTS (1) GEOTECHNICAL REPORT: INCORPORATED BY REFERENCE AND MADE - A PART OF THIS PROJECT AND CONTRACT. REPORT ON FILE FOR REVIEW DURING REGULAR WORKING HOURS AT CPFA, FARADAY CENTER FRONT COUNTER, 1635 FARADAY AVENUE, CARLSBAD, CALIFORNIA 92008 (2) STORM WATER POLLUTION PREVENTION PLAN: INCORPORATED BY REFERENCE AND MADE A PART OF THIS PROJECT AND CONTRACT. REPORT ON FILE FOR REVIEW DURING REGULAR WORKING HOURS AT CPFA, FARADAY CENTER FRONT COUNTER, 1635 FARADAY AVENUE, CARLSBAD, CALIFORNIA 92008 (3) RESOURCE AGENCY PERMITS: INCORPORATED BY REFERENCE AND MADE A PART OF THIS PROJECT AND CONTRACT. COPIES OF PERMITS ON FILE FOR REVIEW DURING REGULAR WORKING HOURS AT CPFA, FARADAY CENTER FRONT COUNTER, 1635 FARADAY AVENUE, CARLSBAD, CALIFORNIA 92008 c RESOURCE AGENCY PERMITS FOR THE WORK INCLUDE: 1. California Coastal Commission No. A-6-CII-00-087 issued on 04/25/05. 2. California Dept. of Fish and Game Permit No. 2835-2004-001-05 issued on 11/12/2004. 3. State Water Resources Control Board NO1 No. 9 378318017 issued on 5/09/2002. 4. United States Army Corps of Engineers Permit No. 972020600 issued on 01/05/2005. 5. United States Fish and Wildlife Service Permit No. and date (see item 6). 6. Carlsbad Habitat Management Plan Permit No. TE022606-0 issued on 12/06/2004. @ Revised 10/08/2003 Contract No. 39721-1 Page 5 of 122 Pages /-- CARLSBAD PUBLIC FINANCING AUTHORITY (“CPFA”) NOTICE INVITING BIDS Until 4:OO PM. on WEDNESDAY, JUNE 22, 2005, the CPFA 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: CONTRACT NO. 39721-1 CONTRACT 1 : MASS GRADING & PARTIAL UTILITIES FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT 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 180 days and such additional time as may be mutually agreed upon by the CPFA and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the CPFA Board of Directors on file with the Engineering Department. The specifications for the work include the Standard SDecifications for Public Works Construction, 2003 Edition, 2003 Regional Supplement, March 2003, and Supplement Amendments, July 1, 2004, 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. I The CPFA encourages the participation of minority and women-owned businesses. The CPFA encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The CPFA may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the CPFA or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder’s security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (IO) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code Section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the CPFA to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the CPFA or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The documents which comprise the Bidder’s proposal and that must be completed and properly executed including notarization where indicated are: 1. Contractor’s Proposal 2. Bidder’s Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid r- Revised 1 Ot08t2003 Contract No. 39721-1 Page 6 of 122 Pages - 5. Designation of Owner/Operator/Lessors and Amount of Owner/Operator Lessor Work 6. Bidder's Statement of Financial Responsibility 7. Bidder's Statement of Technical Ability and Experience 8. Acknowledgement of Addendum(s) 9. Certificate of Insurance. The riders covering the CPFA, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. IO. Bidder's Statement re: Debarment 1 1. Bidder's Disclosure of Discipline Record 12. Escrow Agreement of Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security). "Order of Precedence" 1. Construction plans 2. Specifications 0 Contract 0 Special Provisions 0 Supplemental Provisions Supplemental Conditions 3. OwnedArchitect Supplemental Instructions 4. Owner's Construction Changes 5. Published Support Documents: Soils, Drainage, SWPPP 6. Agency Permits and/or Approvals -c 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 $6,142,181 . Except as provided herein a bid submitted to the CPFA 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 CPFA. In all contracts where federal funds are8involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: CLASSIFICATIONS FOR CONTRACTORS ARE: A, General Engineering If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $75 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, /-' --. a Revised 10/08/2003 Contract No. 39721-1 Page 7 of 122 Pages employee or contractor of the CPFA except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the CPFA except as hereinbefore specified. ICI The CPFA reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the CPFA Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The CPFA Engineer is the CPFA's "duly authorized officer" for the purposes of Sections 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 shall apply to the Contract for work. There will be no pre-bid tour of the project site. A pre-bid meeting will be held at 2:OO pm, Tuesday, June 7,2005 at Conference Room 173-B, City of Carlsbad's Faraday Facility, 1635 Faraday Avenue, Carlsbad, CA. 92008. This meeting is non-mandatory, however attendance is strongly encouraged. - 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. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($1 0,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the CPFA until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance r- Revised 10/08/2003 Contract No. 39721-1 Page 8 of 122 Pages carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: I) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. /-- If the bid is accepted, the CPFA may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1 ) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto'' and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The CPFA 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 CPFA Board of Directors is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the CPFA may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City Business License for the duration of the contract. Ap roved by the CPFA, Carlsbad, California, by Resolution No. , adopted on the B &4 dayof 4 2m5 Date f ' /"- a Revised 10/08/2003 Contract No. 39721-1 Page 9 of 122 Pages *-- CARLSBAD PUBLIC FINANCING AUTHORITY c CONTRACT NO. 39721-1 MASS GRADING AND PARTIAL UTILITIES FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT +'yo CONTRACTOR'S PROPOSAL q@ OTt@d CARLSBAD PUBLIC FINANCING AUTHORITY 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location f 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. 39721-1 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: 3'" SCHEDULE A SITE CONSTRUCTION SITE PREPARATION c_ i Item - No. 1 2 3 4 Description Approximate Quantity and Unit Unit Price - Total Schedule 1 L.S. $/4.hOO - $ /0;600 - Not to exceed Dollars per Lump Sum $1 0,000 Field Office for CPFA NIC $ -0- $ -0- not rewired for this proiect Dollars per Month Mobilization of Contractor Not to exceed $25.000 Dollars per Lump Sum Construction Water Not to exceed $25,000 Dollars per Lump Sum 1 L.S. I L.S. e Revised 10/08/2003 Contract NO. 39721-1 Page 10 of 122 Pages Item No. Description -a - /- Approximate Quantity and Unit Unit Price 5 Le d Removal and Rec cling 1 L.S. *iv4y LM oy, Dollars per Lump Sum SITE CLEARING AND MASS GRADING - ring and Grubbing 193 AC. $&3cm - TLLSbvA Dollars per Acre 7 Traffic Control 1 L.S. $,&2gmz - $3+9,2&3- $ +q '2 5,o'Il " -n+y*-h,;~*~~- -- - Pi64 Nk4r Dollzrs per Lump Sum JnEca, d&-S 'g Dollars p&C&ic-Yard - - - ~ - -- - - 8 Grading & Compact' n 1 ,I 14,870 C.Y. $ 2 * 22- ~- ~~ --jzuw - *Final Pay Quantity - Refer to Section 9-1.01 5 of Specification 9 Rough shaping of golf course NIC $ -0- $ -0- (deleted from this contract per Addendum 1) Dollars per Lump Sum %rpe_ do1rvt-v~ ?-rbW t& Dollars petcubic Yard 10 Export (East side to West side) 180,000 C.Y. $ 3.30 $5?* ada - 9,808 L.F. $ /7- sa--- -. -l.l Dollars per Linear Foot 3 EA. $ .7 Id 0- $ q-300- 13 Silt Fence Attached to 15,750 L.F. $2 / $34 5-a- Dollars Each Existing fence Dollars per Linear Foot &.Jo do1 I rct.lrc 4m ts Revised 10/08/2003 Contract No. 39721-1 Page 11 of 122 Pages I. _c Item No. 14 - 15 16 17 18 I 19 20 21 22 23 Approximate Quantity and Unit Total $= DescriDtion Unit Price $ /3d Silt Fence . 1,890 L.F. &e &l[w mJ\e+y cem Dollars Per Linear Foot $2,300 fl Stabilized Construction Entrance 5 EA. Dollars Each 263,306 S.F. Dollars Per Square Foot $ B?9, /5r $ 0.03 263,306 S.F. Xrec C Dollars Per Square Foot $ 3.d 4,556 EA. $ 91” 6-Inch PVC Subdrain 1,543 L.F. c %LVb bJ Dollars per Linear Foot $ 33.0° Criblock Retaining Wall 29,138 S.F. Industrial Pad, Caltrans approved wh c A-L4P Dollars Per square Foot !4 33.- Criblock Retaining Wall 7,091 S.F Conf. Cntr. Pad, Caltrans approved Dollars Per square Foot f 3 $ 93- 319 L.F. 1 L.S. Dollars per Linear Foot Dbllars per Lump Sum a Revised 10/08/2003 Contract No. 39721-1 Page 12 of 122 Pages _- STORM DRAIN Approximate Quantity and Unit Item - No. DescriDtion - Total Unit Price $ 1/7,as:Q 24 6-Inch PVC Storm Drain 4,035 L.F. fhe Dollars per Linear Foot 25 8-Inch PVC Storm Drain 3,044 L.F. .Loll Dollars per Linear Foot 26 8-Inch PVC (Water Tight Joint) 255 L.F. Storm Drain Private %\<by I Dollars per Linear Foot 27 12-Inch PVC Storm Drain 8,248 L.F. Private XXCY-b 1 Dollars per Linear Foot 28 12-Inch PVC (Water Tight Joint) 402 L.F. Dollars per Linear Foot $ Y5.m 2,499 L.F. Dollars per Linear Foot 30 18-Inch RCP (Water Tight Joint) 437 L.F. Dollars per Linear Foot 1,501 L.F. Dollars per Linear Foot 32 24-Inch RCP WTJ Storm Drain 230 L.F. u Dollars per Linear Foot Revised 10/08/2003 Page 13 of 122 Pages Contract No. 39721-1 Approximate Quantity and Unit Unit Price Total . - Item No. - Description RCP Storm Drain 1,158 L.F. $ bq4"o $79,qOZ-* dw A 33 Dollars Der Linear Foot 693 L.F. $ 47.a $ b7,22/. I 34 Dollars per Linear Foot 35 12-Inch by 12-inch 32 EA. Dollars Esch 36 41 EA. 18-Inch by 18-inch Dollars Eakh 18-Inch by 18-inch Dollars Eakh 22 EA. 37 24-Inch by 24-inch Catch Dollars Each L 38 Cut off wall, Public & P 'vate 36 EA. %cA-LL d -.e.( bu&&uL4cJr Dollars Each 39 2 EA. 12-Inch by 12-inch Private Cleanout h-LustLd d Dollars Each 40 3 EA. 18-Inch by 18-inch Private Cleanout %Ln&kh$ Dollars Each 41 6 EA. 24-Inch by 24-inch Private Cleanout 4c Lwde,! Dollars Each @ Revised 10/08/2003 Contract No. 39721-1 Page 14 of 122 Pages Item No. 42 - __.- 43 44 45 46 - 47 48 49 50 51 Description F Catch Basin a0 -01 Dollars Each <iK bd wd Dollars Each Type G-I Catch Basin . Dzllars Each Sidewalk Underdrain Dollars Each Y4! Ladmd +Id0 LOl we& Wing Type Head Wall Public & Private A Straight Head Wall cw2hh&d Dollars Each Remove Existing Headwall/ - $Catch Basin Dollars Ea'ch sa+ L& Remove Existing 48" Riser Dollars Each Remove Existing Rip Rap - Approximate Quantity and Unit I1 EA. 11 EA. 26 EA. 5 EA. 1 EA. 41 EA. 4 EA. 8 EA. 1 EA. 90 C.Y. Unit Price .g; 3m '& $37(3 p 2103 loo Dollars per Cubic Yard Revised 10/08/2003 Contract No. 39721-1 Page 15 of 122 Pages c-- Item - No. Description .- Approximate Quantity and Unit 52 Remove Exis.ing Brow Ditch 2,559 L.F. lm - Dollars Per Linear Foot 53 D-40 #2 and 1/4-Ton 222 C.Y. __ Dollars Per Cubic Yard 54 55 56 ove Existing Storm Drain 359 L.F 4JL - Sev4uL Dollars per Linear Foot 48-Inch CMP Perforated Riser 1 EA. Dollars Each 12-Inch PVC Riser - 3 EA. Unit Price Dollars Each SCHEDULE A: Total amount of bid in numbers for Schedule A: $ BID ITEMS 1 - 56 INCLUSIVE SCHEDULE B: CMWD DOMESTIC AND RECLAIMED WATER LINES Item No. Description Approximate Quantity and Unit 57 Removal of Existina Water Line 3.810 L.F. Dollars'per Linear Foot 58 New Water Line 1,454 L.F. *e Dollars per Linear Foot em Revised 10l08l2003 Contract No. 39721-1 Page 16 of 122 Pages Item - No. DescriDtion Approxi mate Quantity and Unit Unit Price - Total Dollars per Linear Foot SCHEDULE B: BID ITEMS 57 - 59 INCLUSIVE Total amount of bid in numbers for Schedule B: $ 232 7. a Total amount of bid in numbers including Schedules A and B: $ 7 721 ~ 4 b3, Yd dL Total amounf of bid in words inc ules A and B: -- dOLlm r!! GJL e*vr 4 CP& The basis of award will be the sum of Schedules A and B. Price(s) given above are firm for 180 days after date of bid opening. Addendum(a) No@). 1 proposal. hadhave been received and islare included in this The Undersigned has carefully checked all of the above figures and understands that the CPFA will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. -_ - The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within ten (10) days from the date of award of Contract by the CPFA Board of Directors of the CPFA, the CPFA 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 number 6 5 7 7 7 0 , classification A which expires on an affidavit. tnher 71 3nnE; , and that this statement is true and correct and has the legal effect of I- em rrs Revised 10/08/2003 Contract No. 39721-1 Page 17 of 122 Pages License Detail Page 1 of2 CALIFORNIA CONTRACTORS STATE LICENSE BOAKD License Detail Contractor License # 657770 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 06/24/2005 * * * Business Information * * * SEMA CONSTRUCTION INC 7353 SOUTH EAGLE STREET CENTENNIAL, CO 801 12 Business Phone Number: (303) 627-2600 Entity: Corporation Issue Date: 10/30/1992 Expire Date: 10/31/2006 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * ~-~----.~ Description i IA j klass ,.,,,., .," " x^ r----.--- GENE "~ L . EN G IN EE R"; NG. c 0 N"TRA"cToR. ; i * * * Certifications * * * f- -- 1 Cert j Description &,."--- -~~_II ----.."--",---------.--.-"."""I -r-ll~IxIII__~I-II^- ,HAZ DAZARDOUS SUBSTANCES REMOVAL 1 http://www2 .cslb.ca.gov/CSLB~LIBRARY/License+Detail.asp 06/24/2005 License Detail Page 2 of 2 License Number Request -~ * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 427946 in the amount of $10,000 with the bonding company OLD REPUBLIC INSURANCE COMPANY. Effective Date: 01/01/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(1): This license filed Bond of Qualifying Individual number RL1512597 for MARK W BROOKS in the amount of $7,500 with the bonding company INTERNATIONAL BUSINESS AND MERCANTILE REASSURANCE COMPANY. Effective Date: 11/22/1999 BQl's Bonding History * * * Workers Compensation Information * * * This license has workers compensation insurance with the Policy Number: WC3486331 Effective Date: 04/01/2005 Expire Date: 04/01/2006 - ZURICH AMERICAN INSURANCE COMPANY (4581-5) Contractor Name Request Personnel Name Request Workers Compensation History IC- Salesperson Request Salesperson Name Request 0 2005 State of California. Conditions of Use Privacy Policy 06/24/2005 A bid submitted to the CPFA by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered non-responsive and shall be rejected by the CPFA § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code 5 201 04. - The Undersigned bidder hereby represents as follows: 1. That no Board of Directors member, officer agent, or employee of the CPFA 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 CPFA Board of Directors, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is Bidder ' s Bond (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. -c 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 City and State (Street and Number) (4) Zip Code Telephone No. (5) E-mail Revised 10/08/2003 Contract No. 39721-1 Page 18 of 122 Pages IF A PARTNERSHIP. SIGN HERE: ,-- (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-mail IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted 1 SE Bradley J. Spies, President (Title) Impress Corporate Seal here ... ... ... ... ... ... (3) Incorporated under the laws of the State of Colorado (4) Place of Business 2 South Pointe Dr., Ste. 295 (Street and Number) City and State Lake Forest, CA 92630 (5) Zip Code 92630 Telephone No. 94 9 -4 70 - 0 50 0 (6) E-mail kbart lett@semaconstruction. corn Contract No. 39721-1 Page 19 of 122 Pages CACIFQWIA ALL-PVRPOSE ACKNOWLEDGMENT County of 0l;apw I County of 0l;apw personally appeared Brad,lev J. Spies ?J&&alQrpqnW @ personally known to me - OF7 - a pwed to me on .the bask of sallsfactory evldenoe to besthe person(s) whose name(s) lalare subscribed to the within lclstrurnerrl and ac- knowledged to me that hdshelthey executed the same in his/her/thek authorized c:apaclty(les), and that by his/herJthel( slgnature(s) 011 the instrument the persorl(s), or the entlty upon behalf of whloh the persorr(s), acted, executed the Instrument, WTlWsSS my hand and offidd seal, NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED 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: Bradley J. SDies, President T. Brett Ames, Vice President Steven R. Graves, Secretary Bidder Company Name: SEMA Construction, Inc. .- Revised 10/08/2003 Contract No. 39721-1 Page 20 of 122 Pages BID SECURITY FORM (Check to Accompany Bid) CONTRACT NO. 39721-1 MASS GRADING AND PARTIAL UTILITIES FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CPFA, in the sum of dollars ($ ), he proceeds of this check shall e accepted by the CPFA through action of its legally constituted contracting au and the undersigned shall fail to execute a contract and furnish the required Performa rranty and Payment Bonds and proof of insurance coverage within the stipulated ti ise, the check shall be returned to the undersigned. The proceeds of this o become the property of the CPFA if the undersigned shall withdraw his or her e period of fifteen (15) days after the date set for the opening thereof, unless otherwise re y law, and notwithstanding the award of the contract - to another bidder. BIDDER I (Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) - Revised 10/08/2003 Contract No. 39721-1 Page 21 of 122 Pages e- BIDDER'S BOND TO ACCOMPANY PROPOSAL MASS GRADfNG AND PARTIAL UTILITIES FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT CONTRACT NO. 39721-1 KNOW ALL PERSONS BY THESE PRESENTS: That we, SEMA Construction, Inc. ,* as Suret are held and firmly bound unto the &FA in an amount as follows: (must be at least ten made, we bind oursetves, our her:, exectdeand ad%nistrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLlGATlON IS SUCH that if the proposal of the above- bounden Principal for: MUNICIPAL GOLF COURSE PROJECT; in the CPFA, is accepted by the CPFA Board of Directors, and if the Principal shall dul enter into and execute a Contract including required bonds and insurance policies within twenty (2Or days from the date of award of Contract by the CPFA Board of Directors being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, And the amount specified herein shall be forfeited to the said CPFA. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. as Principal, and Liberty Mutual Insurance company percent &OX) of the bid amount) pn PPK of tal** ,for which payment, well and truly CONTRACT NO. 39721-1; MASS GRADING AND PARTIAL UTILITIES FOR THE CARLSBAD 128h_ day Executed by PRINCIPAL this of June 120 5 PRINCIPAL: SEMA Construction, Inc. -. - (print narnGhere) ' (1 ttl President of SEMA Construction Inc. nd Organiza 'on of Signatory) iE&= Steven R. Graves (print name here) (title and organizatioQ pf signatory) Secretary of SEMA Construction Inc. Execu$d,$j SURETY this 22nd day of I SURETY: Liberty Mutual Insurance Company (name of Surety) 175 Berkeley Street, Boston, MA 02117 (address of Surety) Kristen L. McCormick, Attorney-In-Fact (printed name'of 'Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL Counsel By: Deputy eounsel I Y @ Revised 1010812003 Contract No. 39721-1 Page 22 of 122 Pages *2 So, Pointe Drive, Suite 295, Lake Forest, CA 92630 **Amount Bid (10%) .. State of COLORADO ) County of DENVER 1 ) ss. On June 22, 2005 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Kristen L. McCormick known to me to be Attorney-in-Fact of Liberty Mutual Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires: April 22,2007 *r .’ .--- Liberty Mutual Surety Bond Number Bid Bond NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the “Act”), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly “EMPLOYERS INSURANCE OF WAUSAU A Mutual Company”); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Mutual Surety (referred to collectively hereinafter as the “Issuing Sureties”). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for “acts of terrorism” as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE 0 F FED E RAL PART IC I PAT ION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMIC-6539 11/15/04 &* !*. , I THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1634061 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY POWER OF ATTORNEY F BOSTON, MASSACHUSETTS KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint DILYNN GUERN, KEVIN W. MCMAHON, FRANK C. PENN, PAMELA J. HANSEN, DONALD E. APPLEBY, GLORIA C. BLACKBURN, KRISTEN t. MCCORMICK, FLORlEllA ACOSTA, CYNTHIA M , each individuallv if there be more than one named. its tru . RICHARDS, JAMES S. ROSULEK, DOUGLAS J. ROTHEY, ALL OF THE OF DENVER, STAT€ 0 a,.... *.................................... I attornev-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as sure and as its act and deed, an and all undetbkings, bonds, re&gnizances and other surety obli ations in [he penal sum not exceeding ONE HUNDR~D AND TWENTY-FIVE ~LUON AND wioo*********** DOLLARS ($ 125,000,000.80***** ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in Company as if they had been duly signed by the president That this power is made and executed pursuant to and by these presents, shall be as binding upon the n their own proper persons. on: ARTICLE Xlll - 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 attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to 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. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 28th day of October 2004. LIBERTY MUTUAL INSURANCE COMPANY COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 28th day of October , 2004 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and rate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. CERTIFICATE XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the 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. 22nd day of /I IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this Juner2005. A Company Profile Page 1 of 2 Lornpany Profile LIBERTY MUTUAL INSURANCE COMPANY 175 BERKELEY ST BOSTON, MA 021 16 800-262-8238 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 900 17 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 23043 NAIC Group #: California Company ID #: 1022-3 ~~ 01 11 August 30, 1929 Date authorized in California: Company Type: Property & Casualty State of Domicile: MASSACHUSETTS License Status: LJNLIMITED-NORMAL Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the bsa-y. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE 06/24/2005 Company Profile 8 " Page 2 of 2 .- MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - November 04,2004 1 1 : 18 AM Copyright 0 California Department of Insurance Disclaimer http://cdinswww. insurance. ca. gov/pls/wu - coqrof/idb-coqrof-utl .get-coqrof?p-EID=3 090 06/24/2005 _-- GUIDE FOR COMPLETING THE ”DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTORS BID ITEMS” AND “DESIGNATION OF OWNER OPERATOWLESSOR AND AMOUNT OF OWNER OPERATOWLESSOR WORK“ FORMS REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged to review the definitions in section 1-2 of the SSPWC (“Greenbook”) and in 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.” Bidders are further urged to review sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions. CAUTIONS This form 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 otherwise to be preformed 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 are not included in computing the percentage of work proposed to be performed by the Bidder. SPECIALTY ITEMS For the purposes of this contract, CPFA designates the following items as “specialty” items: installation of drainage systems, erosion control, utilities including water line installation, landscaping, irrigation, concrete work of any kind, foundations, waterproofing, masonry, crib wall and retaining wall installation, signage, lighting, traffic control, and fencing. c INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom 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, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($1 0,000) 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. The Designation of Subcontractors form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in reiection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. - When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter “NONE” in the appropriate space. Revised 10/08/2003 Contract No. 39721-1 Page 23 of 122 Pages When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the CPFA 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 amounts for purposes of award of the contract shall be determined by the CPFA Board of Directors in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the CPFA Board of Directors shall be final. ~ -- Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a .public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. .I Revised 10/08/2003 Contract No. 39721-1 Page 24 of 122 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS MASS GRADING AND PARTIAL UTILITIES FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT CONTRACT NO. 39721 -1 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance w’ith applicable provisions of the specifications and section 41 00 et seq. of the Public Contract Code, “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder’s total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($lO,OOO), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR’S BID ITEMS Q77-75 Subcontractor’s License No.* -7 Page i of c, pages of this Subcontractor Designation form *= \? Revised 10/08/2003 Contract No. 3972 1 - 1 Page 25 of 122 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS MASS GRADING AND PARTIAL UTILITIES FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT CONTRACT NO. 39721-1 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.51%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways!, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($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. SUBCONTRACTOR'S BID ITEMS Subcontractor's License No.* A 7 C, 5 yb3 Page 1- of L pages of this Subcontractor Designation form .- 7 e= %? Revised I010812003 Contract No. 39721-1 Page 25 of 122 Pages DESIGNATION OF OWNER, OPERATOWLESSOR AND AMOUNT OF OWNER OPERATOWLESSOR WORK MASS GRADING AND PARTIAL UTILITIES FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT CONTRACT NO. 39721 -1 Portion of Work* Subcontractor Name and Location of Business The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder’s total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($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. Amount of Work by Subcontractor in Dollars* SUBCONTRACTOR’S BID ITEMS Subcontractor’s L i cen se No .* Page of pages of this Subcontractor Designation form em+ tp Revised 1010812003 Contract Not. 39721-1 Page 26 of 122 Pages , .- . BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) CONTRACT NO. 39721 -1 MASS GRADING AND PARTIAL UTILITIES FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. @ Revised 10/08/2003 Contract No. 39721-1 Page 27 of 122 Pages ,- SEMA CONSTRUCTION, INC. AND SUBSIDIARIES CONSOLIDATED FINANCIAL STATEMENTS OCTOBER 31,2004 ,- I CONTENTS Independent Auditors’ Report . Consolidated Financial Statements Balance Sheets Statements of Income Statements of Retained Earnings Statements of Cash Flows Notes to Consolidated Financial Statements 2 ,/- MARTIN, VUVODA AND ASSOCIATES WCWOMTB v 3443 SOUTH QALENA STREET SUITE 200 DENVER, COLORADO 80231 (303) 338-9277 INDEPENDENT AUDITORS' REPORT Board of Directors SEMA Construction, Inc. and Subsidiaries We have audited the accompanying consolidated balance sheets of SEMA Construction, Inc. and Subsidiaries (an S Corporation) as of October 31, 2004 and 2003, and the related consolidated statements of income, retained earnings, and cash flows for the years then ended. These consolidated financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on these consolidated financial statements based on our audits. We conducted our audits in accordance with U.S. generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the consolidated financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the consolidated financial statements, An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall consolidated financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. -c- In our opinion, the consolidated financial statements referred to above present fairly, in all material respects, the financial position of SEMA Construction, Inc. and Subsidiaries, as of October 31, 2004 and 2003, and the results of their operations and their cash flows for the years then ended in conformity with U.S. generally accepted accounting principles. December 17,2004 3 SEMA CONSTRUCTION, INC. AND SUBSIDIARIES CONSOLJDATED BALANCE SHEETS OCTOBER 31,2004 AND 2003 ASSETS 2004 CURRENT ASSETS Cash and Cash Equivalents $ 253,356 Investment in Government Securities - Held to Maturity 79,100 Securities in lieu of Retainage 3,045,980 Accounts Receivable: Trade 23,375,695 Retainage 6,009,218 Employees Costs and Estimated Earnings in Excess of Billings on Uncompleted Contracts Prepaid Expenses Due from Affiliate Total Accounts Receivable Total Current Assets PROPERTY AND EQUIPMENT -At Cost Leasehold Improvements Machinery and Equipment Vehicles Office Equipment 42,768 29,427,681 2,689,743 149,765 644,191 36,289,816 1,819,619 14,832,856 7,764,621 429,336 24,846,432 Less Accumulated Depreciation 16,858,455 Total Property and Equipment {Net) 7,987,977 OTHER ASSETS Deposits Due from Related Parties Note Receivable - Employee Minority Interest Total Other Assets TOTAL ASSETS 117,807 796,848 170.880 337,316 1,422,851 2003 $ 90,013 231,118 997 , 329 I 7,741,713 6,697,519 41.884 24,481 ,I 16 3,403,704 162,801 - 29,366,081 1,588,234 12,849, 136 7.101.760 ,429 ;336 21,968,466 14,408,553 7,559,913 215,343 1,550,890 1,766,233 $38,692,227 7 See accompanying notes to consolidated financial statements. 4 rc LIABILITIES AND STOCKHOLDERS1 EQUITY 2004 Current Portion of Long-Term Debt $ 1,763,924 tine of Credit 3,502,555 Accounts Payable: Trade 15,998,059 Retainage 4,125,480 Total Accounts Payable 20,123,539 Billings in Excess of Costs and Estimated Earning on Uncompleted Contracts 3,513,564 Accrued Payroll Taxes 525,080 Accrued Dividends 400,000 Accrued Pension 147,691 CURRENT LIABILITIES Other Accrued Liabilities Total Current Liabilities LONG-TERM LlABfLlTlES Long-Term Debt, Less Current Portion Due to Related Party Total Long-Term Liabilities Total Liabilities 954,028 30,930,381 2,758,461 18,109 2,776,570 33,706,951 MI NOR ITY INTER EST - STOCKHOLDERS’ EQUITY Common Stock, No Par Value; 50,000 Shares Retained Earnings Authorized; 1,208 Shares Issued Total Stockholders’ Equity TOTAL LIABILITIES AND STOCKHOLDERS’ EQUITY 2003 $ 1,457,863 4,635,738 12,989.427 .. 4,083,950 17,073,377 1,353,738 177,905 1 0,734 107,592 466,390 25,283,337 2,345,291 - 2,%5,29 1 27,628,628 472,745 507,812 507,812 11,485,881 10,083,042 11,993,693 10,590,854 $45,700,644 $38,692,227 c- See accompanying notes to consolidated financial statements. 5 SEMA CONSTRUCTION, INC. AND SUBSIDIARIES -- CONSOLIDATED STATEMENTS OF JNCOME F0.R THE YEARS ENDED OCTOBER 31,2004 AND 2003 REVENUE FROM CONSTRUCTION COST OF CONSTRUCTION 2004 $7 55,574,145 147,878,873 GROSS PROFIT 7,695,272 CONSOLIDATED GENERAL AND ADMINISTRATIVE EXPENSES - Schedules 5,649,835 INCOME FROM OPERATIONS 2,045,437 OTHER INCOME (EXPENSE) Miscellaneous Income 1,801 Interest Income I 1,958 Gain on Sale of Fixed Assets 500 Minoritv Interest 328.162 IntereA Expense Stock Purchase ( 88;420) Total Other Income (Expense) 254,001 100.0% 95.1 4.9 - 3.6 1.3 .2 I .5% - NET INCOME $ 2,299,438 See accompanying notes to consolidated financial statements. 6 2003 $133,116,882 100.0% 126,762,581 95.3 6,354,30 I 4 .? 6,009,041 4.5 345,260 .2 64 122,099 13,704 ( 314.67 1) - ( 178,804) ( .I ) .l% - !$ 166,456 SEMA CONSTRUCTION, fNC. AND SUBSIDiARIES CONSOLIDATED STATEMENTS OF RETAINED EARNINGS FOR THE YEARS ENDED OCTOBER 31,2004 AND 2003 2004 2003 RETAINED EARNINGS - BEGINNING OF YEAR $1 0,083,042 $1 1,660,219 NET INCOME FOR THE YEAR 2,299,438 166,456 STOCK REPURCHASE - ( 1,305,031) DIVIDENDS ( 1,242,500) ( 438,602) PRIOR PERIOD ADJUSTMENT 345,901 - RETAINED EARNINGS - END OF YEAR $1 1,485,881 $10,083,042 r. See accompanying notes to consolidated financial statements. 7 ./- SEW CONSTRUCTION, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF CASH FLOWS FOR THE YEARS ENDED OCTOBER 31,2004 AND 2003 CASH FLOWS.$ROM OPERATING ACTIVITIES: Net Income Adjustments to reconcile net income to cash provided by (used in) Operating Activities: Depreciation Gain on Sale of Fixed Assets Minority Interest Securities in Lieu of Retainage Accounts Receivable Costs and Estimated Earnings in Excess of Billings on Uncompleted Contracts Prepaid Expenses Deposits Note Receivable - Employee Accounts Payable Billings in Excess of Costs and Estimated Earnings on Uncompleted Contracts Accrued Payroll Taxes Accrued Pension Other Accrued Liabilities Net Changes in Assets and Liabilities: Net Cash Provided By (Used In) Operating Activities CASH FLOWS FROM INVESTING ACTIVITIES: Investment in Government Securities Proceeds from Sale of Property and Equipment Purchase of Property and Equipment Payment (to) from Related Parties Net Cash Provided By (Used In) Investing Activities CASH FLOWS FROM FINANCING ACTIVITIES: Dividends Purchase of Stock Payment of Long-Term Debt Proceeds of Long-Term Debt Proceeds from (Payments on) Line of Credit Net Cash Provided By (Used In) Financing Activities 2004 $2,299,438 2,553,106 ( 500) ( 328,162) ( 2,048,651) ( 5,776,502) 71 3,961 13,036 97,535 ( 170,880) 3,749,124 2,159,826 347,174 40,098 487,639 4, I 36,242 152,018 500 ( 1,962,486) ( 590,465) ( 2,400,433) ( 139,831) ( 1,686,452) 1,387,000 ( I ,I 33,183) ( 1,572,466) - 2003 !$ 166,456 2,347,727 ( 13,704) 314,671 44,846 ( 3,802,747) ( 1,504,384) ( 31,182) 17,192 2,207,935 ( 1,021,893) { 67,260) ( 277,718) ( 1,554,800) - 65,261 83,115 15,000 ( 2,844,707) 85,972 ( 2,660,620) ( 572,400) ( 394,561) ( 1,847,226) 1 04,000 4,635,738 1,925,551 See accompanying notes to consolidated financial statements. a /- SEMA CONSTRUCTION, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF CASH FLOWS (CONTINUED) FOR THE YEARS ENDED OCTOBER 31,2004 AND 2003 2004 2003 NET INCREASE (DECREASE) IN CASH AND CASH EQUIVALENTS $ 163,343 ($2,289,869) CASH AND CASH EQUIVALENTS - BEGINNING OF YEAR 90,013 2,379,882 CASH AND CASH EQUIVALENTS - END OF YEAR $ 253,356 $ 90,013 Supplemental Disclosures of Cash Information: 2004 2003 Cash Paid During the Years For: Interest $ 353,597 $ 261,889 Supplemental Schedule of Non-Cash Investing and Financing Activities: During the year ended October 31, 2004, due from affiliate was reduced by $849,402 During the years ended October 31, 2004 and 2003, debt obligations of $1,018,684 and through dividends. $1,179,020, respectively, were incurred for the purchase of assets. I- During the years ended October 31 , 2004 and 2003, $400,000 and $1 0,734, respectively, in dividends were accrued. . During the year ended October 31 , 2003, the Company purchased 104 shares of its stock from a stockhotder for $1,311,999. A promissory note was issued for $1,183,688 and the balance was paid in cash. Capital stock was reduced by $6,968 and the balance of $1,305,031 was deducted from retained earnings. During the year ended October 31, 2003, a $266,250 receivable from a related party was incurred when the Company assumed $266,250 of debt from this related party. ,-- See accompanying notes to consolidated financial statements. 9 /- SEMA CONSTRUCTION, INC. AND SUBSfDlARlES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS OCTOBER 31,2004 - I Sumrnarv of Shnificant Accountina Policies and Nature of Business Nature of Business The Company was founded in 1991 and is headquartered in Centennial, Colorado. The Company is ' a heavy civil contractor that is both 'a prime and subcontractor providing construction services such as earth moving, pipe laying, excavation, soil cement work, dam work, highway construction, bridges, and utifity and industrial structures. The Company works primarily in the western United States, with Colorado and California projects being the predominant source of revenue. SEW Precast, Inc. is a wholly-owned subsidiary that manufactures precast concrete products. SEMA Golf, LLC is a 70% controlled subsidiary that primarily constructs golf courses throughout the United States. PrinciPles of Consolidation The consolidated financial statements include the accounts of SEMA Construction, lnc. and its subsidiaries, SEMA Golf, LLC and SEMA Precast, Inc. Intercompany accounts and transactions have been eliminated. - Revenue and Cost Reconnition The Company and Subsidiaries recognizes revenues from fixed-price and modified fixed-price construction contracts on the percentage-of-completion method, measured by the percentage of cost incurred to date to estimated total cost far each contract. That method is used because management considers total cost to be the best available measure of progress on the contracts. Because of inherent uncertainties in estimating costs, it is at least reasonably possible that the estimates used will change within the near term. Contract costs include all direct material, subcontractor, and labor costs and those indirect costs related to contract performance. Selling, general, and administrative costs are charged to expense as incurred. Provisions for' estimated losses on uncompleted contracts are made in the period in which such losses are determined. Changes in job performance, job conditions, and estimated profitability may result in revisions to costs and income, which are recognized in the period in which the revisions are determined. Changes in estimated job profitability resulting from job performance, job conditions, contract penalty provisions, claims, change orders, and settlements, are accounted for as changes in estimates in the current period. The asset, "Costs and Estimated Earnings in Excess of Billings on Uncompleted Contracts," represents revenues recognized in excess of amounts billed. The liability, "Billings in Excess of Costs and Estimated Earnings on Uncompleted Contracts," represents billings in excess of revenues recognized. IO SEMA CONSTRUCTION, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (CONTINUED) OCTOBER 31,2004 - 1 Summarv of Simificant Accountina Policies and Nature of Business (Continued) Estimates The preparation of financial statements in conformity with U.S. generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from these estimates. Depreciation the estimated useful lives of the assets. Depreciation of property and equipment is computed using the straight-line method over Income Taxes The Company’s and Subsidiaries’ books and Federal and State income tax returns are prepared on the percentage-of-completion method. The Company has a temporary difference between the tax basis of property and equipment and the carrying value for financial reporting. The Company has elected to be taxed under the S Corporation provisions of the Internal Revenue Code effective from inception. Therefore, no provision or liability for income taxes is reflected in these consolidated financial statements since the stockholders are personally taxed on the Company’s taxable income. Under the Internal Revenue Service provisions for S Corporations, taxable income is distributable to the stockholders. Cash and Cash Equivalents For the purposes of these consolidated financial statements] the Company and Subsidiaries consider all investments with a maturity of three months or less when purchased to be cash equivalents. Allowance for Doubtful Accounts allowance has been provided at October 31,2004. Management considers Accounts Receivable to be fully collectible. Accordingly, no Concentration of Credit Risk Financial instruments that potentially subject the Company to significant concentrations of credit risk consist primarily of cash, U.S. Government Securities, securities in lieu of retainage and contract receivables, The Company maintains cash balances in excess of federally insured limits in a bank, The Company invests its excess cash in U.S. Government Securities, and securities in lieu of retainage are invested in U.S. Government Securities. 11 /- SEMA CONSTRUCTION, INC. AND SUBSIDIARIES ,- NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (CONTINUED) OCTOBER 31,2004 c 1 Summarv of Significant Accounting Policies and Nature of Business (Continued) Concentrat ion of Credit Risk (Continued) Trade and contract receivables are generally diversified among owners, general contractors and governmental entities and are contractual agreements. The Company maintains the ability to lien certain projects if collection problems should arise. ODeratina Cvcle In accordance with normal construction industry practice, the Company and Subsidiaries include certain amounts related to construction contracts in current assets and current liabilities even when such amounts are realizable or payable over a period in excess of one year. - 2 Costs and Estimated Eaminas on UncomDleted Contracts 2004 2003 Costs Incurred on Uncompleted Contracts Estimated Earnings Less: Billings to Date -_ - -_ - - $1 47.608,983 $1 25.234.838 8,6751316 8[424;402 156,284,299 133,659,240 157,108,120 131,609,274 ($ 823,821) $ 2,049,966 Included in the accompanying balance sheets under the following captions: Costs and Estimated Earnings in Excess of Billings on Uncompleted Contracts Billings in Excess of Costs and Estimated Earnings on Uncompleted Contracts 2004 2003 $ 2,689,743 $ 3,403,704 ( 3,513,564) ( 1,353,738) $ 2,049,966 - 3 ProDertv and EauiDment A summary of the investment in property and equipment, as of October 31 , 2004, was as follows: Accumulated cost Depreciation Net Leasehold Improvements $ 1,819,619 $ 954,020 $1,665,599 Machinery and Equipment 14,832,856 10,499,526 4,333,330 Vehicles 7,764,62 1 5,806,781 1,957,840 Office Equipment 429,336 398,128 31,208 Depreciation expense, for the years ended October 31, 2004 and 2003, was $2,553,106 $24,846,432 $16,858,455 $7,987,977 and $2,347,727, respectively. 12 SEMA CONSTRUCTION, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (CONTINUED) OCTOBER 31,2004 Propertv and Eauipment (Continued) Indirect Costs Included in Cost of Construction General and Administrative Expenses Long-Term Debt Long-term debt is as follows: Installment contracts with Caterpillar Financial Services, bearing interest rates of 0%, collateralized by equipment, with monthly payments ranging from $1,690 to $171 I , through May, 2006. Installment contract with former stockholder, including interest of 8%, collateralized by 104 shares of treasury stock, with quarterly payments of $55,624, through July, 2010. Installment contract with US. Bank, bearing an interest rate of 2.05 basis points over LIBOR, collateralized by equipment, with monthly payments of $5,208, through May, 2006. Installment contracts with Ford Motor Credit, bearing interest rates ranging from 6.9% to 8.8%, collateralized by vehicles, with monthly payments ranging from $566 to $691 through May, 2006. Installment contract with U.S. Bank, bearing an interest rate of 2.05 basis points over LIBOR, collateralized by vehicles, with monthly payments of $22,917, through June, 2005. Installment contract with U.S. Bank, bearing an interest rate of 2.05 basis points over LIBOR, collateralized by equipment, with monthly payments of $5,000, through June, 2005. Installments contracts with Caterpillar Financial, bearing interest rates of 0%, collateralized by equipment, with monthly payments of $1,678 and $3,261, through November, 2005. Installments contracts with Ford Motor Credit, bearing interest rates at O%, collateralized by vehicles, with monthly payments ranging from $71 1 to $1,213, through July, 2008. 13 2004 $2,535,675 17,431 $2,553,106 2004 $ 93,346 1,017,682 104,167 63,435 2003 $2,320,718 27,009 $2,347,727 2003 $- I,l51,755 166,666 114,149 183,333 458,333 40,000 100,000 38,836 99,780 545,924 #- SEMA CONSTRUCTION, INC. AND SUBSIDIARIES L P-- NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (CONTINUED) OCTOBER 31,2004 - 4 Low-Term Debt (Continued) Installment contract with Komatsu, bearing an interest rate of 2.25%, collateralized by equipment, with monthly payments of $8,986, through August, 2007. Installment contract with U.S. Bank, bearing an interest rate of 2.05 basis points over LIBOR, collateralized by equipment, with monthly payments of $2,88 I , through September, 2006. Installment contracts wif h John Deere Equipment, bearing interest rates of 7.25% and 7.9%, secured by equipment with monthly payments of $2,083 and $2,263, through August, 2004. Installment contracts with U.S. Bank, bearing interest rates of 5.17% and 5.59%, collateralized by equipment, with monthly payments of $4,178 and $3,103, through March, 2005. Installment contracts with US. Bank, bearing an interest rate of 7.9%, collateralized by equipment, with a monthly payment of $2,088, through April, 2004. Installment contract with John Deere, bearing an interest rate of 8%, collateralized by equipment, with monthly payments of $1,534 through August, 2005. Installment contracts with Ford Motor Credit, bearing an interest rate of oo/o, coflaterallzed by vehicles, with monthly payments between $71 1 and $1,038, through September, 2007. lnstalfment contracts with U.S. Bank, with an interest interest rate of 2.05 basis points over LIBOR, . collateralized by equipment, with payments ranging from $4,033 to $6,514, through August, 2005. Installment contracts with Caterpillar Financiat Services, bearing interest rates ranging from 3.25% to 6%, collateralized by equipment with monthly payments ranging from $2,156 to $27,051, through December, 2005. Installment contracts with U.S. Bank, with an interest rate of 2.05% over LIBOR, collateralized by equipment, with payments ranging from $4,11 I to $17,850, through October, 2009. 2004 $ 295,709 63,336 12,411 - 16,047 296,897 59, 329, 67 45 1,362,950 2003 $- - $ 21,899 62,175 98,002 32,452 497,085 362,2 12 638,646 - 14 /- SEMA CONSTRUCTION, INC. AND SUBSIDIARIES, c NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (CONTINUED) OCTOBER 31,2004 Lonrl-Term Debt (Continued] Total Less Current Maturities Total Long-Term Debt Long-term debt matures as follows: Years Ending: October 31,2005 October 31 1 2006 October 31,2007 October 31 , 2008 October 31 , 2009 Thereafter 2004 2003 $4,522,385 $3,803,154 1,763,924 1,457,863 $2,758,461 $2,34529 I $I ,763,924 1,036,809 716,851 430,367 160,887 41 3,747 $4 , 522,385 Interest expense, for the years ended October 31, 2004 and 2003, was $353,597 and $261,889, respectively; of which $1 04,130 and $123,702, respectively, was included in Cost of Construction. Profit Sharina Plan The Company bas adopted a 401(k) Profit Sharing Plan for all eligible employees. The Company has agreed to contribute 6% of eligible compensation to the Plan. Total profit sharing expenses, for the years ended October 31, 2004 and 2003, were $175,061 and $155,476, respectively. The Company is also a signatory to four multi-employer collective-bargaining agreements in California. Total amount paid to these bargaining agreements for pension expense was $750,150 for the year ended October 31,2004. Lines of Credit The Company has a $12,000,000 revolving line of credit with a bank, The line carries an interest rate of 2.05% plus the one month "Reserve Adjusted LIBOR Rate", is secured by equipment and accounts receivable, and matures March 31, 2005. There was an outstanding balance on this line of $3,502,555 at October 31, 2004. The Company has outstanding letters of credit of $5,356,720 which offset the line of credit. The letters are primarily'to cover potential adverse claims from its insurance program. The Company also has a $2,000,000 equipment credit facility with a bank. The facility carries a floating inferest rate of the sum of the one month "Reserve Adjusted LIBOR Rate" plus 2.05%, is secured by equipment, and terminates March 31, 2005. The Company may fix the interest rate under this facility at their option to a rate of 2.5% plus the applicable yield on U.S. Treasury Securities. There was a $1,812,952 and $1,247,388 balance, respectively, (See Note 4) on this facility at October 31 , 2004 and 2003. 15 SEW CONSTRUCTION. INC. AND SUBSIDIARIES c NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (CONTINUED) OCT08ER 31,2004 - 7 Operating Leases Minimum future commitments under operating leases are as follows: Years Ending: October 31, 2005 October 31 , 2006 October 31,2007 October 31,2008 October 31, 2009 October 31,2010 $1,099,405 775,078 585,300 322,721 319,566 75,000 $3,177,070 Total rent and lease expenses, for the years ended October 31, 2004 and 2003, was $7,179,673 and $3,377,011, respectively. - 8 Securities in Lieu of Retainane The Company has placed in escrow securities, and assigned them to government agencies. This assignment was performed at the option of the Company in lieu of the government agencies withholding retainage on contracts the Company has with them. - 9 Dividends During the years ended October 31, 2004 and 2003, the Company declared S Corporation dividends of $1,242,500 and $438,602, respectively. The Company had $400,000 and $10,734 of accrued dividends still to be paid at October 31, 2004.and 2003, respectively. During the year ended October 31, 2004, $849,402 of dividends declared were used to reduce an amount due from a related patty. I 10 SEMA Golf, LLC The Company has a 70% controlling interest in SEMA Golf, LLC. These financial ' statements include the operations and accounts of SEMA Golf, LLC. The 30% non- controlling interest of SEMA Golf, LLC is reflected as a minority interest on the balance sheets at October 31, 2004 and 2003. The (income) loss attributable to the 30% non- controtling interest is $328,182 and ($314,671) for the years ended October 31, 2004 and 2003, respectively. - 11 Related Parties The Company leases its primary premises from an entity under common ownership. The lease requires quarterly payments of $75,000, and expires December 31, 2010. Rent expense, for the years ended October 31, 2004 and 2003, were $300,000 and $165,000, respectively. The Company has a receivable from this entity of $796,848 and $1,550,890 for the years ended October 31,2004 and 2003, respectively. SEMA Golf, LLC has an affiliate related through common ownership. Due from thfs affiliate was $644,191 at October 31, 2004. 16 SEMA CONSTRUCTION, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (CONTINUED) OCTOBER 31,2004 - 11 Related Parties Continued) Due from and to related parties, at October 31 , 2004 and 2003, were as follows: Stockholders (Payable) Affitiate - Long-Term Affiliate - Short-Term 2004 2003 ($ 18,109) $- '$796,848' $1,550,890 $644, I 9 I $- - 12 Common Stock During the year ended October 31, 2003, the Company purchased 104 shares of common stock from a stockholder. The purchase price was $1,311,999, of which $1,305,031 reduced Retained Earnings and $6,968 reduced Common Stock. - 13 Commitment The Company and the stockholders and the members have entered into agreements whereby the Company will purchase all the shares of stock owned by the employee upon termination of employment. The Company carries life insurance on the stockholders or members should termination be due to death. - - 14 Receivables The Company has a note receivable of $170,880 from an employee. The note is secured by a second deed of trust on a residentiaI property in California. SEMA Golf, LLC has filed a lien on a project for the collection of a $497,128 receivable. Management believes it will collect the full amount of the receivable. - 15 Prior Period Adiustment The prior period adjustment is the result of the Minority Interest being overstated by $345,901 and Retained Earnings of the parent company being' understated by $345,901 at October 31, 2004. There was no affect on N.et Income for the prior period. - 76 Backloq The following schedule summarizes changes in backlog on contracts during the year ended October 31, 2004. Backlog represents the amount of revenue the Companies expect to realize from work to be performed on uncompleted contracts in progress at year-end. Backlog Balance at October 31, 2003 New Contracts and Contract Adjustments Less: Contract Revenues Earned Backlog Balance at October 31 , 2004 $105,802,939 161,453,922 267,256,861 155,788,063 $1 1 1,468,798 17 . .I 'I SEMA CONSTRUCTION, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (CONTINUED) OCTOBER 31,2004 - 17 Workina Capital and Current Ratios The Company's working capital and current ratios were as follows: 2004 2003 Working Capital $5,359,435 $4,082,744 Current Ratios 1.17 1.16 18 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) MASS GRADING AND PARTIAL UTILITIES FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT CONTRACT NO. 39721 -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 CPFA to judge hidher responsibility, experience and skill. An attachment can be used Date Name and Phone Amount Completed of the Employer to Contract Work Contract Contract Name and Address No. of Person Type of of Please see attached. 4% %# Revised 10/08/2003 Contract No. 39721-1 Page 28 of 122 Pages L s a-' m 7 L # sj 88 22 LA a:: 8% 63: ff 88 E E E E B E E E E E E E B In 9 m s Y) i H f Y) Y) m ro 9 2 Y) c f z 8 e* =w -0 ss IU 6 N N L eb 2 ii 6 Lorn gg mm 7-J 98 -rz I MAJOR CONSTRUCTION PROJECTS COMl PROJECT I NAME OWNEW PROJECT SUMMARY DESCRIPTION ENGINEER 4175 N. Castleton Ct. Castle Rock, CO 80109 Bob Goebd (720) 733-2402 water lines, and sanitary sewer installation anddocation. The overall Intent ofthe project Is to retain the edsting vegetation and topography ofthis oveland. CO 80537 ofa zoned earth-fill embankment of approx. 1.500,OOO CY Dave Loseman (303) 4302400 Matt Cwfdon (303) 5387368 I landscape. two bow culverts, lighting, slgnals. medians. curb 8 gutters. 620,000CYd~mbankment.48.617TofHBP. 1,115CYofboxarlvert 4,075 CY of mete bridge, 1,245 LF of bridge rail, and 074 LF of guardrail. Felsburg Holt B Ullevig Robert Refvem (303) 721-1440 RCP: 18" - 2,14OLF, 24" - 794LF, 30" - 71LF. 36" - 011LF. 48" - 316LF PVC (SAN.) 12" - 1,OMLF. 18 - 109LF. 21" - BOILF; PVC : 8 - 537LF, 15" - 125LF PVC (WATER) 3" - 194LF. 8' - 384LF. 12" - 3.302LF, 6" - 52OLF :TED FINAL CONTRACT PRIME OR SUBCONTRACT AMOUNT $5,456,706 6 $13,075,751 Prime ~ia.777 Subcontractor $17,453,158 Prime $1,436,361 Prime 61.842.680 Prime $ll.S8B,l09 Prime START 8 COMPLETION Maw m-04 Sep-03 Sep-04 Feb-02 Sep-04 Aug-04 Sep-04 Dec-02 Aug-04 Nov-03 hg-04 NOV-03 Aug-04 Apr-03 Jul-04 Page 2 ,-- ..- c Nm 00 wp 30 E 'C n hlm 00 0 $8 E z 3 N I h I MAJOR CONSTRUCTION PROJECTS COMPLETED PROJECT SUMMARY DESCRIPTION PROJECT I NAME FINAL CONTRACT PRIME OR AMOUNT SUBCONTRACT OWNEW ENGINEER Keystone Boulevard Extensio Lincoln Park Metropolitan District Parker, CO 6399 S. Fiddlers Green Cir. #I02 Earthwork, utilities, box culverts, sidewalk, curb 8 gutter, and paving. $1,483,195 Prime 1,600 LF 18" RCP New roadway and construction of three new bridges (two and three span), realignment widening and interchange consbuction with District: (303) 833-2977 ear Brown-Don Silar pond and a 3,500 If concrete channel, 2067 If of 8" $9,242.445 Prime SH 85 and Titan Road Douglas County, CO CDOTI CDOT C225 8 Parker Road Parker, CO Centennial Airpwt Drainage Centennial , CO BFV Foothills Landfill Golden, CO Pion- Hills Aurora, CO Highlands Ranch High/ Middlt schd#7 Highlands Ranch, CO Phase 111 1-76 Atwood to US 6 (Sterling) Atwood. CO HWY 50 Kannah Creek East Grand Junction. CO Highlands Ranch 2001 lnfrasbucture Highlands Ranch, CO START & COMPLETION Jun-02 Jul-03 Jun-02 Rhaj Khanzadeh: (303) 7901020 CDOTI Construction of 14 bridges, roadways, utilities. and paving $58.350.733 Prime George Warda: (303) 871-6922 Centennial Airport/ Installation of drainage systems and utilities: $282,115 Prime William E. Payne and Assoc. (303) 790-9019 BFI Waste Systems/ Soil landfill cover, final cover construction $451,510 Prime Golder Assoc. composite liner construction John Briest: (303) 371-5115 Gddberg Properties/ Mass grading, drainage improvements, and $2,814,033 Prime David Ristau: (303) 759-8000 CLC: Keith Hensel: (303) 770-5600 Douglas County School Overlot grading and utilities for Middle 8 High School, $1,682,523 Prime District JVA. Inc. (303) 444-1951 303,598 CY of excavation. CDOT and CH2M Hill DIP: DNl50-196m; 200-53m; 300-515m; PVC: dn251773m; 4088m; 50-294m; Ml035m: 100-223111; 150-236m; 200-105m RCP (STORM) 24"-146LF. 38"-1.299LF, 48"-4OLF, 54"-418LF, leachate collection retaining walls for a major commerdal I retail center landscaping, subgrade preparation, water 8 sewer construction, and drainage system; PVC 6"-238LF. 8"-4.001LF. IY-5.985LF; DIP 6"-154LF. 8"-195LF. 12'-236LF; RCP 18"-3,150LF, 24"-2,105LF. 30"-985LF. %"-I ,091 LF. 42"-181LF CDOTI Earthwork and pipe installation $2,755,554 Subcontractor to CDOT Castle Rock Jeff Wckers: (970) 521-0481 construction CDOTI 700,000 CY of earthwork and pipe installation $3.642.168 Subulnhdor b CDOT Elam Consbuction Jim shea: (970) 254-82M Centennial Water 8 Sanitation Installation of utilities 8 consisting of 3,800 LF of $1.158.493 Prime District - Connie Biedereeck (303) 791-0437 30" DIP waterline, 4,400 LF of20", 8.800 LF 16", 600 LF IO", and 500 LF 8" PVC waterline 0d-03 Nov-02 May-03 Aug-02 Nov-02 Sep-02 Oct-02 Sep-01 sep-02 Nov-01 Sep-02 D-1 AUQ-02 Augm Aug-02 Apr-02 Aug-02 May-02 Jun-02 Nov-01 May02 Mar-02 Jui-02 Jan-01 Jul-02 Jan4 Jul-02 May02 Jun-02 Page 4 r- q In fH - E E m E - r? G i -- I 51 I I p 0 5 a - E - % 3 5 c E E - i u L 5 i i L - ! i i - P 8 s f g 8 r MAJOR CONSTRUCTION PROJECTS COMPLETED I I I I Santa Fe Relief Route Santa Fe, NM Dry Creek Detention Pond Longmont, CO Stonegate Parker, CO PROJECT I NAME NMSHTD/ Roadway construction $5,900,000 Prime Jul-99 NMSHTD Jun-00 St. Vrain School Dist.1 Rocky Mtn. Consult. Detention pond, roadway construction, 255.000 CY $705.836 Prime Apr-00 395 S. Pratl Parkway. excavation, utilities, and storm drainage Jun-00 Longmont, CO 80501-8499 Lincoln Park Metropolitan District Grading, utilities. and waterline relocation $300,000 Prime Nov-99 6399 S. Fiddlers Green Cir. #I02 Jun-00 OWNEW ENGINEER I Center Drive Parker, CO PROJECT SUMMARY DESCRIPTION ._ .. Greenwood Village, CO Westerra Grading $46,000 Prime Nov-99 Jun-OO I FINAL CONTRACT PRIME OR START a AMOUNT SUBCONTRACT COMPLETION Trailside Wage Apts. Parker, CO US 56 Springer Colfax County Creekstone Builders/ Grading and utilities $540,000 Subcontractor Nov-99 JR Engineering Jun-00 NMSHTD/ Main Street construction $3,900.000 Prime Jun-99 NMSHTD Jun-00 Springer. NM Oxford Avenue Bridge Sheridan. CO City of Sheridan B Design Build precast-prestressed conc. girder $2,641,654 Prime Jan-99 Jun-00 O'Brien Kreitrberg/ Design Build bridge over waterway, cast-in-place concrete. IBates Engineering land roadway $2.087.732 $7,457,500 $2,000.000 $1,950,ooo I Warehouse lOPUS A 8 E and TST I I I I Nov-W I - ~~ Prime Aug-99 Mar-00 Prima Jun-97 Feb-W Subcontractor Aug-99 Feb-00 Subcontractor Jul-99 to Elam Const. Nov-99 drainage, earthwork. utilities and seeding Ebhannan-Hush beams. cast in place concrete deck, concrete - 4579LF; IO" - 1750LF; Douglas County, CO extension of &off ramps $4,057,858 Prime May-99 Nov-99 1 512.551.281 Prime Feb-99 Nov-99 $2.706.000 Subcontract Castle Rock Const. Mar-98 oct-99 I I 57.477.254 I Prime I Jut-sa 1 57,477,254 Page 8 Prime Jut-sa Ju(-99 $4,295,942 Prime Jun-98 Jun-99 -r iT YO IZ m 9 .% v) m I(L ? 1 e ! I ? t r I L J MAJOR CONSTRUCTION PROJECTS COMPLETED I I PRIME OR SUBCONTRACT PROJECT I NAME START 8 COMPLETION OWNEW ENGINEER Santa Fe 8 Belleview Ph. I Englewd, CO Spring Creek Utility service centet Colorado Springs. CO PROJECT SUMMARY DESCRIPTION CDOTl CDOT Colorado Springs Utilities/ LKA Partners retaining wall Sbuclufe - past-tensioned mcrete box girder bridge 7OO'long, retaining walls, and pipe utilities 225.000 CY excavation, utilities. and 45.000 SF PVC and DIP were both used on thls prcject; Pipe accounted for approimately 28% of the total prcject E6,~,8)4 $2,323,376 Prime oct-98 Jun-98 Prime NOV-97 1-25 8 SH WAcademy Interchange Santa Fe, NM JC PennVs-Whiting Turner CDOTI CDOT New ramp alignment and widening, bridge const., aradina. HBP. box culvert. minor structures. IPark Meadows Mai $7,633.200 Prime Mar-97 Jun-98 Colorado Springs, CO Santa Fe Bypass Phase II -- curb. gutters, signals, signing and striping NMSHTDl Earthwork and drainage NMSHTD $1,400,818 Trinidad, CO Artesia Landfill Closure ICSNA Architects 8 SA Miro ICitvof Artesia New Meicd IEarthwork for fiml soil cover system for Jan-98 Subcontractor Cwn Construction May-98 IArtesia. NM lS&h Engineering Co. llandfill closure. Includes earth brainage JC Penny's Propertied JC Penny's Properties Structural concrete for foundation, caissons, and retaining wall $943,350 Subcontractor NOV-97 Whiting-Turner Co. Mar-98 Liffleton, CO Zone I ReseNoirs/ Zone 3 Pump Station Highlands Ranch, CO Interlocken-Phase 3A Broomfield. CO Centennial Water 8 Sanitation District/ Bates Engineering, Inc.. Bob Bates Interlocken Business Dist./ HCB water, sewer, storm sewer Furnish and install two 3-million gallon circular post-tensioned concrete tanks, a pump station, excavation, site piping, meter vault, backfill and grading Site grading and infrastructure - madways. $4,085,631 $2,462,913 $1.481 -787 $1.037.423 $1,534,781 $9.886.752 FINAL CONTRACT AMOUNT Prime Mar-97 Jan-98 Prime Apr-97 Jan-98 Prime Nov-98 Jan-98 Prime Aug-97 oct-97 Prime Jun-97 sep-97 Prime Jan-96 Sep-97 Hamden/Quincy Soundwalls Denver, CO CDOT/ CDOT southbound 1-25 at Hamden/Quincy Sound barrier construction on both north and Jun-98 Trinidad Correctional Facility Colorado Department of Corrections/ 600,000 CY site grading, box culvert. storm sewer, and drainage improvements for new prison facility 1-225 / Sand Creek to Colfax Aurora, CO channels, riprap, soil cement stabilization CDOT/ Major Highway Widening-Including earthwork CDOT and paving $5,326,000 $215,000 $1,296,970 $1,020,000 Prime Jun-96 Aug-97 Prime Jun-97 Jul-97 Prime May-97 Jul-97 Prime Apr-97 Jun-97 $6.114.847 Prime Jun-97 1-70 R 1-225 Interchange Phase W Page 11 CDOTl Structure - Post-tensioned concrete CDOT box Birder bridge. 5 span, 1.200' lona Denver, CO Gold Quarry Refractory Leach Pad Carlin. NV 59th Ave Bridge Greeley, CO -. Newmont Gold/ Knight R Piesold CDOTl Structure- Past-tensioned concrete box CDOT Leach pad construction and storm piping girder bridge, 5 span, over Poudre River Sun Micro Systems Campus Sun Micro Systems Swinerton 8 Walbera Overlot grading and Structure excavating Broomfield, CO stodcFarmodfcaKse Hmllton. MT Wi~Devel~ment Golf course earthwork and gradicg Bachelor Gulch Filing 3 Roads 8 Bridges Smith Creek Metro Dist./ Alpine Engineering Pipe Infrastruclure. Earthwork, Bridgefrunnel Structures, c ap w gg am a v) u L u i u L u ? L 3 ? 2 -J t ; ijl 0 00 (D ? .B I e E BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EM PLOY ERS' Ll AB1 LITY, AUTOM OTlVE LIABILITY AND WORKERS' COMPENSATION - (To Accompany Proposal) CONTRACT NO. 39721-1 MASS GRADING AND PARTIAL UTILITIES FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. I) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover 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. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Per "Notice Inviting Bids," page 7, item 9, Certificates of Insurance will be submitted prior to award of contract. Revised 10/08/2003 Contract No. 39721-1 Page 29 of 122 Pages MARSH CERTIFICATE OF INSURANCE ~~,'~b:^j~~,"~~~5 PRODUCER MARSH USA, INC. 600 RENAISSANCE CENTER, SUITE 2100 DETROIT, MI 48243 Ann: RAFFLES Fax (313) 393-6950 16067 -001 77--05/06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE COMPANY AMERICAN ZURICH INSURANCE CO. INSURED SEMA CONSTRUCTION, INC. 7353 S. EAGLE STREET ENGLEWOOD, CO 801 12-4223 COMPANY I B N/A COMPANY C ZURICH AMERICAN INSURANCE COMPANY D COMPANY I COVERAGES This cectificate supenedes and replaces any prsviausly issued certificate for the poky period noted below. 6 Tn'S S TO CERT<FY ThAl I'OLCIES OF IhSURANCE DESCRBED HEREN HAVE BEEN SStJED TO TdE NSiJRED NAMED hEREN FOR ldE POLCY I'EROD IhDlCAlED ~ ~~ NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TYPEOFINSURANCE POLICY NUMBER co LTR GENERAL LIABILITY 7 c X COMMERCIAL GENERAL LIABILITY GL03486335 1 CLNMSMADE OCCUR & OWNERS & CONTRACTORS PROT x P-E - AUTOMOBILE LIABILITY ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS BAP3486333 H I LIMITS POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIODIYY) DATE (MMIDDIVV) 2,000,000 2,000.000 GENERAL AGGREGATE I $ 04/01/05 /04/01/06 PRODUCTS - COMP/OP AGG I $ PERSONAL & ADV INJURY $ 1,000,000 1,000,000 EACHOCCURRENCE $ 500,000 FIRE DAMAGE (~ny one fire) $ MED EXP (Any one person) $ 10,000 COMBINED SINGLE LIMIT $ 1,000,000 04/01/05 04/01 106 $ $ BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE AGE LIABILITY UMBRELLA FORM PARTNERSIEXECUTIV I DESCRIPTION OF OPERATlONSILOCATlONSIVEHlCLESISPEClAL ITEMS CITY OF CARLSBAD PUBLIC WORKS PURCHASING ATTN: KEVIN DAVIS 1635 FARADAY AVE CARLSBAD. CA 92008-7314 DEPARTMENT SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN, M~~1(WM8HEKMXWMKK~~ I~~~3(M#X#3(Ki~~~~K~M~~8~~X~~~~Mg~~~~~~E WILL ENmM MAIL MARSH USA INC. I lev: John C Hurley MIW113102) VALID AS OF: 08/09/05 DATE (UYIDDIVY) ADDITIONAL INFORMATION CH1-001305110-05 I 08/09/05 PRODUCER MARSH USA, INC. - 600 RENAISSANCE CENTER, SUITE 2100 DETROIT, MI 48243 Ann: RAFFLES Fax (313) 393-6950 COMPANIES AFFORDING COVERAGE COMPANY E COMPANY IF 26067 -001 77--05106 INSURED _. SEMA CONSTRUCTION, INC. 7353 S. EAGLE STREET ENGLEWOOD, CO 80112-4223 COMPANY lG COMPANY 1" I TEXT CONTINUED FROM DESCRIPTION SECTION: BROUGHT, EXCEPT WITH RESPECT THE THE LIMITS OF THE INSURER'S LIABILITY. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY, AUTO LIABILITY AND WORKERS' COMPENSATION IN FAVOR OF THE CERTIFICATE HOLDER. CHASING DEPARTMENT ATTN: KEVIN DAVIS 1635 FARADAY AVE CARLSBAD. CA 92008-7314 ,- MARSH USA INC. BY John C Hurlev Endorsement Policy No. ~~~3486333 ZURICH Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add’l. Prem Return Prem. 04/01/05 04/01/06 s $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement is issued by the company named in the Declarations. It changes the policy on the effective date listed above at the hour stated in the Declarations. Named Insured SEMA Construction, Inc. Address (including Zip Code) 7353 S. Eagle Street Englewood, CO 801 12-4223 This endorsement changes such insurance as is afforded by provisions of the policy relating to the following: BUSINESS AUTO 1 - Primary and Non-Contributing Endorsement Any person or organization when required by written contract and prior loss, requires to be named as an additional insured. This insurance is primary and non-contributing as respects to the person or organization. Any other insurance available to such person or organization shall be excess and non-contributing with this insurance. CtN OF CARLSBAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS U-CA-161-A (7/81) Page 1 of 1 --- POLICY NUMBER: GL03486335 SEMA CONSTRUCTION, INC. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED--DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: As required by contract or agreement. Additional insured coverage does not apply to a vendor of your product. CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS ,.- (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. ) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. This insurance shall apply as primary insurance as respects any person or organization €or whom or which you have agreed by written contract or permit to provide insurance on a primary basis. Any other insurance available to such person or organization shall be excess of this insurance and the carrier will not seek contribution from such other insurance maintained by and available to such person or organization. CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 -. BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) CONTRACT NO. 39721-1 MASS GMDING AND PARTIAL UTILITIES FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT I) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X no 2) If yes, what washere the name(s) of the agency(ies) and what wadwere the period@) of debarment@)? Attach additional copies of this page to accommodate more than two debar- ments. party debarred period of debarment c party debarred agency ~~~~ period of debarmenr BY CONTRACTOR: SEMA Construction, Inc. (name of Contractor) Bradley J. Spies, President (print namdtitle) Page 1 of 1 pages of this Re Debarment form a Revised 10/08/2003 Contract No. 39721-1 Page 30 of 122 Pages BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CONTRACT NO. 39721-1 MASS GRADING AND PARTIAL UTILITIES FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826. 4) 5) Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? X no Has the suspension or revocation of your contractor license ever been stayed? X no Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of the Work ever been stayed? X Yes no 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. I (If needed attach additional sheets to provide full disclosure.) Page 1 of 2 pages of this Disclosure of Discipline form @ Revised 10/08/2003 Contract No. 39721-1 Page 31 of 122 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CONTRACT NO. 39721 -1 MASS GRADING AND PARTIAL UTILITIES FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT 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 viofation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: SEMA Construction, Inc. (name of Contracfgr) Bradley J. Spies, President (print nameltiile) Page 2 of 2 pages of this Disclosure of Discipline form Revised 10/08/2003 Contract No. 39721-1 Page 32 of 122 Pages ,.- NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 CONTRACT NO. 39721-1 MASS GRADING AND PARTIAL UTILITIES FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT State of California 1 County of Orange ) ) ss. Bradley .J. .SOies , being first duly sworn, deposes (Name of Bidder) and says that he amhe is President criw SEMA Construction, Inc, of (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. - I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the 22nd day of June ,2005. Subscribed and sworn to before me on the 22nd day of June ,2005. (N Signature of Notary Revised 10/08/2003 Contract No. 39721-1 Page 33 of 122 Pages I- t - City of Carlsbad June 15,2005 ADDENDUM NO. 1 RE: CARLSBAD MUNICIPAL GOLF COURSE PROJECT - GRADING AND UTILITIES, CONTRACT NO. 39721 -I Please include the attached addendum in the Notice to BiddedRequest for Bids you have for the above project. This addendum--receipt acknowledged--must be attached to your Request for Bid when your bid is submitted. KEVIN DIVE Buyer KD:rh Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 esident SEMA CONSTRUCTION JUN 16 2005 1635 Faraday Avenue - Carlsbad, CA 92008-7314 (760) 602-2730 FAX (760) 602-8562 @ * - June 13,2005 CARLSBAD PUBLIC FINANCING AUTHORITY CITY OF CARLSBAD, CALIFORNIA CARLSBAD CITY GOLF COURSE PROJECT MASS GRADING AND PARTIAL UTILITIES ADDENDUM NO. I Please note the enclosed modifications, clarifications, and supplemental informakiiregm~the~quirements for the, above .” referenced - The contents of this Addendum No. I are incorporated by reference and made a part of this project and contract. - project. A reminder to prospective bidders: Please acknowledge receipt and inclusion of this Addendum No. I on Page 17 of 122 as required in the specifications and contract documents when submitting your bid proposal. Bid date for this project is unchanged and remains: 4:OO p.m., Wednesdav, June 22, 2005 as noted on Page 6 of 122 in the specifications and contract documents. CARLSBAD PUBLIC FINANCING AUTHORITY CITY OF CARLSBAD, CALIFORNIA CARLSBAD CITY GOLF COURSE PROJECT CONTRACT NO. 39721-1 MASS GRADING AND PARTIAL UTILITIES w ”- CARLSBAD PUBLIC FINANCING AUTHORITY ADDENDUM NO. 1 MASS GRADING AND PARTIAL UTILITIES FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT FOR CONTRACT 39721-1 CLARIFICATIONS TO PLANS AND SPECIFICATIONS: 1. 2. x 3. 4. 5. 6. 7. Earthwork quantities are raw estimated volumes; contractor is to verify independently in preparation of bid. Refer to soils report for contributing factors. No over excavation and recompaction is required in the golf course areas except as may be needed for keys at toes of slopes and proper storm drain pipe bedding or as may be specified in the soils report. Mass grading to be within 0.2 feet of elevations and proposed contours shown on plans for golf course grading and 0.1 feet for building pads, parking lot areas, and exterior maintenance facility area. No top soil stockpiling is required; see revised specifications herein. CADD files will be provided to the selected contractor(s) following bid award by CPFA. The gravity walls shown on the plans are to be a design-build by contractor following the requirements as detailed in the plans and specifications therein. The sub-drain system for the greens and sand and grass traps shall be constructed per the grading/improvement plans which define the layout, direction of flow, and connections to the storm drain system. The layout shown on the green detail sheets in the Contract 2 plan set is conceptual and for general reference only. See green and sand trap cross- section details for typical depths, pipe bedding, etc. The single pole 12 KV power line shown herein is not shown on the plans and is based on information provided by SDG&E and aerial photo verification. Contractor to verify pole locations. The existing overhead power lines along the north side of Palomar Airport Road are to be relocated underground in approximately the existing overhead location by SDG&E under separate contract with CPFA. See SDG&E plans for more precise location and details. This is a prevailing wage project. Grading in and around archeological sites will be monitored by the on-site archeologist during the mass grading operation. The grading contractor shall coordinate with the archeologist to establish correct limits and method of clearing and capping those locations not specifically shown on the plans. t .-- CARLSBAD PUBLIC FINANCING AUTHORITY ADDENDUM NO. I MASS GRADING AND PARTIAL UTILITIES FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT FOR CONTRACT NO. 39721-1 SPEC I F I CAT I 0 N S : 1. Page 11 , BidLem- -- 9: __ Delete bid item 9, “Rough shaping of golf course, I L.S.” Substitute and subG4 th6%%&sed%%Gisea P-a o~~@Ti~eof, with 39721-1 bid proposal with Bid Item 9 designated as “NIC,” not in contract. The rough shaping of the golf course has been transferred to Contract 39721-2, Golf Course Construction, Bid Item No. 5. 2. Page 16, Bid Item 58: Change quantity of “New Water Line” to 1454 L.F. This change is due to a portionLh=waterAne2wo& Ung installed by an adjacent private developer. Substitute anaseTPage 16 of 122, or copy thereof, with 39721 -1 bid proposal. 3a. Page 17, Bid Item 59: Change quantity of “New Reclaimed Water Line” to 1450 L.F. -3hisrchange ishe 40-3 po rtiomf-the reelahred wa kr limwork beina installed bv an adjacent - --privatedewdoper. SM it* ad-submHke& wed revised Page 22, wpy-thereof, with 39721-1 bid proposal. Also on Page 17 of 122: Aa4el-7,me~Qf-- ar&-..” - >we andsubmit Itheenclosed --I revised-ge Modifications to this page include: “The basis of I7 of 122, or copy thereof, with bid proposal. award will be the sum of Schedules A and 6.” 4. Page 52, Paragraph 2-5.3.2: Delete “1. Bridges” from item B. 5. Page 57, Paragraph 2-6.1: Delete “...cost of bid line item 9: “Rough shaping of golf course.” ‘I, and replace with “...cost of bid line item 8: “Grading & Compaction.” Delete ”. . .aforementioned bid line item 9.”, and replace with ‘I.. .aforementioned bid line item 8.”. Delete the word “shaping” on last line. 6. original printing pf the specifications. Page 82: Add entire attached page 82 which was inadvertently omitted from the 7. Page 82, Paragraph 6-7: Revise paragraph to include “...pad certified, and lake /- excavation by 11/01/2005.” 8. excavation to liquidated damages provisions. Page 83: Substitute Page 83 as revised in Section 6-9 regarding addition of lake . -- 9. Page 109, Paragraph 300-2.1.3: Delete entire section. IO. Delete I‘. ..30mm (0.1’) of ...” and replace with “...61mm (0.2’) of ... . ” Revise the third line to read “...shown on the plans. Building pads and parking areas shall be graded to within 0.1’ of the grades shown on the plans. Subgrade tolerances.. .’I. Page 1 11, Paragraph 300-2.10: 11. Add the following: Section 313-5: “The gravity walls shall be constructed in conformancewith-lXTJans- Eadh Retaining-Systems: Topic 21 0.2, pg. 200-45 Xoncrete Crib Wall”, Standard Plans C7A toC7G, as pre-approved by tFie-City of Carlsbad.” -- L item - No. 5 Description Approximate Quantity and Unit Lead Removal and Recycling 1 L.S. Unit Price - Total $ $ Dollars per Lump Sum SITE CLEARING AND MASS GRADING 6 Clearing and Grubbing 193 AC. Dollars per Acre Dollars per Lump Sum 8 Grading & Compaction 1,114,870 C.Y. $ $ ~ - - - - ~~ _- -Do{lan percmc Yard .-__ - . -_ -- . ~ - - - - - - -__ *Final Pay Quantity - Refer to Section 9-1 .015 of Specification 9 Rough shaping of golf course NIC $ -0- $ -0- (deleted from this contract - _- ___ - -- Der Addendum 1) -Dollars per Lmum 10 11 12 13 Export (East side to West side) 180,000 C.Y. $ $ Dollars per Cubic Yard Brow Ditch 9,808 L.F. Dollars per Linear Foot Splash Wall 3 EA. Dollars Each Silt Fence Attached to Existing fence Dollars per Linear Foot # Revised 10/08/2003 15,750 L. F. Contract No. 39721-1 Page 11 of 122 Pages Approximate Quantity and Unit -r Item No. - Unit Price - Total $ $ Description Remove Existing Brow Ditch 52 2,559 L.F. Dollars Per Linear Foot D-40 #2 and 1/4-Ton Rip Rap 222 C.Y. - .- Dollars Per Cubic Yard Remove Existing Storm Drain 359 L.F. 54 Dollars per Linear Foot 48-Inch CMP Perforated Riser (DS-3) 1 EA. 55 Dollars Each 56 - 12-Inch PVC Riser 3 €A. Dollars Each SCHEDULE A: BID ITEMS 1 - 56 INCLUSIVE Total amount of bid in numbers for Schedule A: $ Total amount of bid in words for Schedule A: SCHEDULE B: CMWD DOMESTIC AND RECLAIMED WATER LINES Approximate Quantity and Unit Unit Price - Total Item - No. Description 57 Removal of Existing Water Line 3,810 L.F. $ $ Dollars per Linear Foot 58 New Water Line /- 1,454 L.F. $ $ Dollars per Linear Foot Revised 10/08/2003 Contract No. 39721-1 Page 16 of 122 Pages -.- I tem - No. Description Approximate Quantity and Unit Unit Price - Total 59 New Reclaimed Water Line 1,450 L.F. $ $ Dollars per Linear Foot SCHEDULE B: BID ITEMS 57 - 59 INCLUSIVE Total amount of bid in numbers for Schedule B: $ Total amount of bid in words for Schedule B: Total amount of bid in numbers including Schedules A and B: $ Total aKunt of bid in words including Schedules A and B: - The basis of award will be the sum of Schedules A and B. Price(s) given above are firm for 180 days after date of bid opening. Addendum(a) No(s). proposal. hadhave been received and islare included in this The Undersigned has carefully checked all of the above figures and understands that the CPFA will not be responsible -_ for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within ten (IO) days from the date of award of Contract by the CPFA Board of Directors of the CPFA, the CPFA 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 number , classification which expires on , and that this statement is true and correct and has the legal effect of an affidavit. 43 Revised 10/08/2003 Contract No. 39721-1 Page 17 of 122 Pages 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) therefore. ,-* 6-7 TIME OF COMPLETION. Add the following; Notice to Contractors: This is a "fixed schedule" contract. The Contractor shall diligently prosecute the work to completion from 9/01/2005 to 2/28/2006 as specified in the Notice to Proceed. There will be no consideration for rain days nor other extensions. The Contractor shall have the clubhouse parking lot and building pad and maintenance facility final grade and building pad certified, and lake excavation by 11/01/2005. Liquidated damages per Section 6-9 will take affect beyond due date. Mobilization, temporary site utilities, office setup, fencing, and other pre-construction activities, including site survey, will be allowed prior to 09/01/2005 in coordination with CPFA's Notice to Proceed and approved by the Engineer. 6-7.2 Working Day. Add the following: Unless othewise approved in writing by the Engineer, the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. Night-time work may be required forarry transportation of earthwork across College Boulevard between 8:OO p.m. and 4:OO a.m. upon Engineer's approval. Saturday work may be allowed outside the street right-of-way upon Engineer's approval. The Engineer may approve work outside the hours and/or days stated herein when, in hidher sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection and construction management premium cost of such work. The premium cost for overtime work shall be back charged to the -~t-apk-oM%O per hour; with a four (4) hour minimum on Saturdays and holidays. 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 Revised 10/08/2003 Contract No. 39721 -1 Page 82 of 122 Pages - - add the following: For failure by the Contractor to complete the work under this contract on or before 02/28/06 as specified herein, Contractor shall pay the Agency, or have withheld monies due it, the sum of two hundred fifty thousand dollars ($250,000). Mass grading activities may not continue beyond 02/28/06 per Resource Agency permit conditions. Execution of the Contract shall constitute agreement by the Agency and Contractor that two hundred fifty thousand dollars ($250,000) is the minimum value of costs and actual damages caused by the Contractor to CPFA for failure 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. Contractor is directed to Section 6-7 above regarding time for grading completion and building pad certification for the maintenancne facility, clubhouse, and lake excavation. For each consecutive calendar day beyond 11/01/2005 that these 3 work items are not completed by the Contractor and accepted by the Engineer, the sum of $2500 per calendar day shall be assessed the Contractor as liquidated damages. __. 6-1 1 SITE OBSERVATION VISITS. Observations herein specified shall be made by the owner’s representative and contractor. The contractor shall request site observations 48 hours minimum in advance of the time observation is required. Site observations shall be required for, but not limited to, the following parts of the work (completed portions of work shall be combined for single observation visit whenever possible): 5) For review of paving and site furnishings samples. For review and tagging of trees. For review and approval of layout __ of concrete form work. Irrigation mainline pressure and sprinkler coverage tests. (Refer to Section 308-5.6 tests, cross- connection tests for detailed inspections). Incorporation of soil conditioner and fertilizer into the soil and upon completion of fine grading prior to planting. Upon delivery of plant materials to the project site. When trees and shrubs are spotted in place for planting, but before planting holes are excavated. Prior to hydroseeding operation, when all hydroseed materials are on site but have not been loaded into tank. -._I.- +..- - - - _-. .- - em %# Revised 10/08/2003 Contract No. 39721-1 Page 83 of 122 Pages GRADING AND IMPROVEMENT PLA=NS -_- _- __ 5 PAGES HOLE 17-REVISE LOW POINT GRADING SHEET 19 OF 46 . . ..- . L . . - .- . . ,: . _II' .- . i. . .. .' ::lek . ..- . . .. .- . I . .. I . -_ --. . -- 8.. . 5 PAGES WATER LINE PLANS b PUBLIC CONTf?ACT **AS BUILT" RMEWEO BY: INSPECTOR ' DATE' R........ - ..... ..... .. .... . . ... <.... ...... . . .. ... ... . i CAP FLUSH WIT NORTH OF THE PA 14.1 FEd9' W3T QI 0.5 FEU BELOW Q w 1 2w LOCATKIN: 4.0 MILES NORTH 0' RECORDS FROM: SAN DIEGO POtM DESK ELEVATION: 46.668 $2101 OATUM: MEAN SEA LNEL fAX 234-J@2 . 3 5851 am PST .. . .. .:.a . 1. : . .._ . CARLSBAD PUBLIC FINANCING AUTHORITY CITY OF CARLSBAD, CALIFORNIA PRE-BID REQUEST FOR INFORMATION Date: June 13,2005 Bid Reference No.: 39721-1: RFI 1 From: WAYNE SAVOIE Survey Coordinator Un-named businGSL No address or phone number given -_ - .__ - - - 858-554-1505 FAX ______ __ - - -.- - m- -- --=?---A - .- Response: and thoroughness of survey data per Section 2-9.2 as described therein. the Surveyor to be onsite when there are no survey operations underway. - -"-IT A It is necessary for the Surveyor to be onsite during all surveying opemtbns to insureacr;uracy It is NOT necessary for c- - 7- .,- Carlsbad Public Financing Authority City of Carkbad Attention: Carlshd City Golf Course Project To whom it may concern: Contract 1 Mass Grading On page 57 of 122 sections 2-9.2 Survey Services: It says Surveyor shall be resident on the site dwhg dl surveying operations and shall personally supervise and CCrtifL thc survey work. Does this mean our Land Surveyor must be presmt at all timcs'! Pleasc get back to as soon as possible. Thank You Wayne Savoie Survey Coordinator Fax 858-554-1 505 - I-- r- FROM : Panasonic FRX SYSTEM PHONE NO. : Jun. 10 2005 12:00PM P2 G FWHILLOCK *..- ' (760) 599-6800 (760)727-0137 fax GWG 1298 DlSTRlSUnON WAY 0 VISTA, CA 92083 Carlsbad Pubic Financing Authority City of Carlsbad, Cafifomia - Attention: CarlslbadCity GoXCourse Project - F~x: 760-72O-6917 - - I. The raw quantities on the approved plans, do they include recornpaction, stabilization fills, and transition cut? 2. The (may be) that are w&en in the soils report. Will they be considered an extra later or should we include them in our bids? 3. Stockpiling of topsoil and reuse was discussed in the meeting is there an ,- answer? 4. Because the Cad file is not available at time of bidding if we get the job will the cad be supplied? __ - _I - _- --2 e-->-- --- 5. If there is question on the quantities when the cad is supplied will the pay items be adjusted? Respecffulfy Submitted, G.F. Whiilock Grading 7 Courtney Whiilock, Estimator September 2,2005 Conrad “Skip” Hammann Carlsbad Public Financing Authority City of Carlsbad, California 1635 Faraday Avenue Carlsbad, CA 92008 Re: Carlsbad Municipal Golf Course Project Contract No. 39721-1 Gentlemen: Transmitted herewith are the executed Contract Documents for the Above referenced project. SEMA Construction executed the Contract based on the Conditions Referenced in the Memorandum of Understanding dated today September 2,2005, issued by City of Carlsbad and Dudek & Assoc. /f Sincerely, Heavy and Highway General Contractors 6 Orchard Suite 101 Lake Forest California 92630 (949) 4 70-0500 Fax: (949) 829-0100 Vice President /’ SEP-02-2005 FRI 01 : 37 PM ENGINSPECTION FAX: 7604384178 P. 002 - City of Carlsbad September 2,2005 Craig Westmann SEMA CONSTRUCTION 2 South Pointe Dr., Suite 295 Lake Forest, CA 92630 SUBJECT: 39721-1 / CARLSBAD MUNICIPAL GOLF COURSE Mr. Westmann; The purpose of this letter is to document our understanding and memorialize our coversation regarding the following items: 1. Haul Roads - Prior to issuance of the Notice to Proceed, the City will confirm use and locations of the Haul Roads shown on Sema’s proposed earthwork quantity exhibit dated August 31, 2005. Confirmation of these Haul ,Roads will have no cost or time impacts to the Contract or Bid Schedule, except as otherwise noted below: = City will attempt to balance the cut/fill quantities in Areas 1 and 2 only to avoid hauling material across the creewwetland area. City understands that failure to balance the site may have future cost impacts to the Contractor that will be resolved at that time. = Access for moving heavy equipment across the Creek to Areas 1 and 2 needs to be established. City understands that failure to secure suitable access may result in additional cost to the Contractor that will be resolved at that time. If the haul roads change from what is shown on the SEMA exhibit then the overall costs and time impacts will be reevaluated by SEMA. 2. Remedial Grading - City and Contractor agree to track remedial grading quantities as required by the Soils Engineer by survey cross sections. The remedial grading quantity will be paid for at the unit price of $2.22 per cubic yard of material removed, replaced, and compacted by the Contractor. The City will prepare a Change Order for execution by Contractor immediately upon City’s receipt of the executed Contract Documents fmm Contractor. The City and Contractor shall equally Share the cost of surveying the remedial areas and for preparing the earthwork quantities for payment purposes. The cost of the survey will be tracked and billed on time and materials basis. 3. Reduction of Final Pav Quantii - City and Contractor will collectively work towards reducing the overall final pay quantity of 1,114,870 cubic yards as listed in Bid Item #9 of the Bid Schedule. Any proposed plan changes affecting the overall grading quantity will be subject to verification by the Contractor. City and Contractor will - J:\cAPITAL-ACTIVO39721-7 Ceflsbd Municipal Golf Course Phase 1 (rough grade)\Serna 09-02-05.doc 5950 El Camino Real - Carlsbad, CA 92008 - (760) 602-2780 FAX (760) 438-4178 @ SEP-02-2005 FRI 01: 37 PM ENGINSPECTION FAX: 7604384178 P. 003 agree on the quantity adjustment based on the electronic files of the affected area. Upon agreement of the quantity adjustment a Change Order will be issued and Bid Item #Q will be modified in accordance with the Contract Documents. City and Contractor will work together on timing as to when City modifications to the plans need to be submitted to Contractor for verification so as not to adversely impact Contractor's operations and Contractor can properly plan its work. 4. Contract Documents - All terms and conditions of the Contract Documents remain unchanged by this Memorandum of Understanding. The City and Contractor agree to meet and determine if any time extensions'are necessary due to the time it has taken to receive the Contractor's signed Contract for execution. The final completion date of February 28, 2006 will be extended by the numbers days that occur between September I, 2005 and the Notice to Proceed date, provided that SEMA submits the contract documents to the City on or before September 2, 2005. This extension only applies to work that is in conformance with the projects permits and does not apply to extension of the November 1,2005 compbtion dates. If this is not your understanding, please contact me immediately. If you agree, please acknowledge below. r Sincerely, CONRAD u&-- "SKIP" AMMANN, P.E. Deputy City Engineer C: Dudek & Associates, Inc. John Cahill, Municipal Projects Manager 1 Acknowledged: September 2,2005 Conrad “Skip” Hammann Carlsbad Public Financing Authority City of Carlsbad, California 1 63 5 Faraday Avenue Carlsbad, CA 92008 Re: Carlsbad Municipal Golf Course Project Contract No. 39721-1 Gentlemen: Transmitted herewith are the executed contract documents for the above referenced project. SEMA Construction has executed these contract documents based on the conditions referenced in the “Memorandum of Understanding” issued by the City dated 9/2/05. As you are aware, recent events in the Southern part of the country have seriously impacted fuel costs in this region. These impacts will most likely adversely affect our operating costs for this contract. Our current estimates and projections indicate additional fuel costs in the range of $180,000.00 will be incurred during the course of this contract. At this time we are unable to pin point the exact amount given the Genera, Contractors volatile situation in the Southern States. Please be advised that as per our for the costs incurred due to this recent national disaster. f- Heavy and Highway conversations this morning we will be requesting relief from the City of Carlsbad 6 Orchard Suite 101 lake Forest California 92630 We request that the City execute these contract documents and issue a “Notice To questions you have regarding this matter at (949) 470-0500. (949) 470-0500 Proceed” as soon as possible. Please do not hesitate to contact me with any Fax: (949) 829-0100 SEMA Construction, Inc. CONTRACT PUBLIC WORKS This agreement is made this k-so day of ,2005, by and between the CPFA, a municipal corporation, (hereinafter called "CPFA"), and SEMA CONSTRUCTION, INC. whose principal place of business is 7353 SOUTH EAGLE STREET, CENTENNIAL, CO 80112 (hereinafter called "Contractor"). CPFA and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for Project No. 39721-1: Mass Grading and Partial Utilities for the CARLSBAD MUNICIPAL GOLF COURSE PROJECT. (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum@) 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. I 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 CPFA will be the interpreter of the intent of the Contract Documents, and the CPFA's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, CPFA shall make payment to the Contractor per Section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 1997 Edition, and the 1998 and 1999 supplements thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. c Revised 10/08/2003 Contract No. 39721-1 Page 34 of 122 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by CPFA about underground conditions or other job conditions is for Contractor's convenience only, and CPFA 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 CPFA. - 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 CPFA, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class 111 disposal site in accordance with provisions of existing law. B. Differing Conditions, Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. CPFA 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. c In the event that a dispute arises between CPFA 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 CPFA Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, Section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. @ Revised 10/08/2003 Contract No. 39721-1 Page 35 of 122 Pages rc 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the CPFA, 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 CPFA. 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 CPFA against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the CPFA. Defense costs include the cost of separate counsel for CPFA, if CPFA requests separate counsel. Contractor shall also defend and indemnify the CPFA against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the CPFA. Defense costs include the cost of separate counsel for CPFA, if CPFA requests separate counsel. IO. 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 CPFA'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 CPFA 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 CPFA. (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. ,- Revised 10/08/2003 Contract No. 39721-1 Page 36 of 122 Pages a. The CPFA, 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 CPFA, 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 gen ral liability, and employers' liability coverage. b. The Co i tractor's insurance coverage shall be primary insurance as respects the CPFA, its % officials, employees and volunteers. Any insurance or self-insurance maintained by the CPFA, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. to the CPFA, its officials, employees or volunteers. Any failure to comply with reporting provisions of the policies shall not affect coverage provided d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the CPFA by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the CPFA. At the option of the CPFA, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the CPFA, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. ,I- (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 CPFA 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 CPFA Board of Directors in Resolution No. 91-403. (H) Verification Of Coverage. Contractor shall furnish the CPFA 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 CPFA and are to be received and approved by the CPFA before the Contract is executed by the CPFA. - (I) in the Contractor's bid. Cost Of Insurance. The Cost of all insurance required under this agreement shall be included Revised 10/08/2003 Contract No. 39721-1 Page 37 of 122 Pages I 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the CPFA using the informal dispute resolution process described in Public Contract Code Subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (Section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. c c (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the CPFA 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 CPFA, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code Sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the CPFA seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code Sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the CPFA 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. Initial) (Initial) I have read and understand all provisions of Section I1 above. 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the CPFA, 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 CPFA by certified letter accompanying the return of this Contract. Contractor shall notify the CPFA by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter I, commencing with Section 1720 of the Labor Code are incorporated herein by reference. - 'q Revised 10/08/2003 Contract No. 39721-1 Page 38 of 122 Pages c 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the CPFA 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 CPFA may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) $a1 4;poratjdniof the State of ATTJST; , By: , Bradley J, Spies, President - By: Steven R. Graves, Secretary-Treasurer (print name and title) (sign hefe) APPROVED AS TO FORM: RONALD R. BALL Counsel By: - - Debuty Counsel 1 111, President or vice-president and secretary or assistant secretary must sign for cor. one officer signs, the corporation must attach a resolution certified by the secretary or assistait secretary under the corporate seal empowering that officer to bind the corporation. Revised 10/08/2003 Contract No. 39721-1 Page 39 of 122 Pages ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) c COUNTY OF Orange ) On this io th day Of Aucrust 2005, before me, Karen S. Bartlett , Notary Public, personally appeared Bradlev J. SDies Name(s) of Signer(s) xx personally known to me - OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. eal. NOTARY SEA CAPACITY CLAIM SIGNER IS REPRESENTING: xx Individual(s) Corporate Pres j dent SEMA Construction, Inc. Officers Partner@) General Partner of a Limited Partnership Attorney-in-Fact Trustee (s) Subscribing Witness Guardian/Conservator Other: Title(s) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: Contract Documents TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES: DATE OF DOCUMENT: SIGNER (S) OTHER THAN NAMED ABOVE: ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF Orange ) On this 10th day Of Auqust 2005, before me, Karen S Rartlett , Notary Public, personally appeared Steven R Cra17~c Name(s) of Signer@) xx personally known to me - OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witn NOTARY SEAL CAPACITY CLAIMED SIGNER IS REPRESENTING: xx Individual(s) Corporate Sewe f arv- Tr ea surer SEMA Construction, Incd Officers Partner(s) General Partner of a Limited Partners hip Attorney-in-Fact Trustee (s) Subscribing Witness Guardian/Conservator Other: Title(s) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: Contract Documents n TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES: SIGNER (S) OTHER THAN NAMED ABOVE: DATE OF DOCUMENT: LABOR AND MATERIALS BOND Bond No. 23-005-642 cc WHEREAS, the CPFA Board of Directors, City of Carlsbad, State of California, by Resolution No. 10 , adopted JULY 26, 2005 , has awarded to SEMA CONSTRUCTION, INC. (hereinafter designated as the "Principal"), a Contract for: Contract No. 39721-1: Mass Grading and Partial Utilities for the Carlsbad Municipal Golf Course Project in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the CPFA Clerk / Secretary of the CPFA and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, SEMA CONSTRUCTION, INC. I as Principal, (hereinafter designated as the "Contractor"), and mprtv m1lnl Tnn-P rnmn;l nY as Surety, are held firmly bound unto the CPFA in the Dollars ($ ,860,731-74 ), DOLLAR1 said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the CPFA, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. sumof THREE MILLION EIGHT HUNDRED SIXTY THOUSAND SEVEN HUNDRED THIRTY ONE - THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor petformed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the - specifications. @ Revised 10/08/2003 Contract No. 39721-1 Page 40 of 122 Pages 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 loth Executed by SURETY this loth day day of August ,2005. of August ,2005. CONTRACTOR: SURETY: SEMA Construction, Inc. Liberty Mutual Insurance Company (name of Contractor) (name of Surety) By: 175 Berkeley Street, Boston, MA 02117 (address of Surety) Bradley J. Spies 303-722-7776 (print name here) (title and organization of signatory) (telephone number of Surety) President of SEMA Construction, Inc.By. (sign here) Florietta Acosta, Attornev-IT-Fact BY- cz.L /A Steven R. Graves (printed name of Attorney-in-Fact) (print name here) (attach corporate resolution showing cumnt rc power of attorney) Secretary-Treasurer of SEMA Construc ion, Inc. (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL Counsel By: Deputy Counsc \ HRH of Colorado e Denver, CO 80246-9025 PO. BOX 469025 0HRH - .-. 0 303-722-7776 I 303-722-8862 hilb rogal & hobbs" @ Revised 10/08/2003 Contract No. 39721-1 Page 47 of 122 Pages ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) -- COUNTY OF Orange ) On this 10th day of August 2005, before me, Karen S. Bartlett , Notary Public, personally appeared Bradley J. Spies Name(s) of Signer@) X personally known to me - OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I seal. NOTARY S CAPACITY CL SIGNER IS REPRESENTING: X Individual(s) Corporate president Tnr Officers Partner(s) General Partner of a Limited Partnership Attorney-in-Fact Trustee (s) Subscribing Witness G uardianlConservator Title(s) Other: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: ct nncuments TITLE OR TYPE OF DOCUMENT: Labor and Material Bond NUMBER OF PAGES: 2 DATE OF DOCUMENT: 8-1 0-05 SIGNER (S) OTHER THAN NAMED ABOVE: ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA 1 COUNTY OF Orange ) Onthis 10th dayof August 2002, before me, Karen S. Bartlett , Notary Public, personally appeared Steven R. Graves Name(s) of Signer(s) X personally known to me - OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I seal. NOTARY S CAPACITY CLA SIGNER IS REPRESENTING: x Individual(s) Officers Partner@) General Partner of a Limited Partnership Attorney-in-Fact Trustee (s) Subscribing Witness Guardian/Conservator Corporate spprpbrv - 'P,-~- Title@) SEMA Construction. UC. Other: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: Contract Documetns TITLE OR TYPE OF DOCUMENT: Labor and Materials Bond 1 NUMBER OF PAGES: 2 DATE OF DOCUMENT: 8 - 1 0 - 0 5 11 SIGNER (S) OTHER THAN NAMED ABOVE: State of COLORADO 1 County of Arapahoe 1 ) ss. On August 10, 2005 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Florietta Acosta known to me to be Attorney-in-Fact of Liberty Mutual Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires: .EL€ - Februarp 3, 2007 Elke E. E&~!%L%c FAITHFUL PERFORMANCENVARRANTY BOND Bond No. 23-005-642 WHEREAS, the Board of Directors of the CPFA, State of California, by Resolution - , has awarded to JULY 26, 2005 , adopted 10 No. SEMA CONSTRUCTION, INC. , (hereinafter designated as the "Principal"), a Contract for: Contract No. 39721-1, Mass Grading and Partial Utilities for the Carlsbad Municipal Golf Course Project in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the CPFA Clerk / Secretary of the CPFA, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, SEMA CONSTRUCTION, INC. , as Principal, (hereinafter designated as the "Contractor"), and Insurance , as Surety, are held and firmly bound unto the CPFA, SEVEN MILLION SEVEN HUNDRED TWENTY ON€ THOUSAND FOUR HUNDRED SIXTY THREE AND in the sum of FORTY EIGHT CENTS ), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to CPFA or its Dollars ($7,721,463 - 48 - certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and .well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the CPFA, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the CPFA in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. a Revised 1010812003 Contract No. 39721-1 Page 42 of 122 Pages 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 10th Executed by SURETY this loth day of c- day Of Aueus t ,2005. August ,2005. CONTRACTOR: SURETY: SEMA Construction, Inc. Liberty Mutual Insurance Company (name of Contractor) (name of Surety) By: 175 Berkeley Street, Boston, MA 02117 (address of Surety) Bradley J. Spies -- 6 (print name here) (telephone number of Surety) President of SEMA Construction, In%. (Title and Organization of Signatory) Florietta Acosta, Attorney-In-Fact (printed name of Attorney-in-Factr)- F (sign here) Steven R. Graves (Attach corporate resolution showing current (print name here) power of attorney.) Secretary-Treasurerof SEMA Construction, InC. (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL Counsel By: Depdty Counsel HRH of Colorado P.O. Box 469025 Denver, CO 80246-9025 0 303-722-7776 hilb rogal & hobbs” I 303-722-8862 Revised 10/08/2003 Contract No. 39721-1 Page 43 of 122 Pages ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA 1 COUNTY OF Orange 1 Onthis 10th dayof August 2001, before me, Karen S. Bartlett , Notary Public, personally appeared Bradley J. Spies Name(s) of Signer(s) X personally known to me - OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. NOTARY SEA CAPACITY CLAIM SIGNER IS REPRESENTING: X Individual(s) Corporate President SEMA Constriirr~; Tnr Officers Partner(s) General Partner of a Limited Partnership Attorn e y-in- Fact Trustee (s) Subscribing Witness Guardian/Conservator Other: Title(s) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: TITLE OR TYPE OF DOCUMENT: Faithful Performance/Warrantv Bond NUMBER OF PAGES: 2 DATE OF DOCUMENT: 8-1 0-05 SIGNER (S) OTHER THAN NAMED ABOVE: ~ ALL PURPOSE ACKNOWLEDGEMENT rc; STATE OF CALIFORNIA ) COUNTY OF Orange ) Onthis 10th dayof August 2005, before me, Karen S. Bartlett , Notary Public, personally appeared Steven R. Graves Name(s) of Signer(s) X personally known to me - OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. I NOTARY SEAL _c CAPACITY CLAIME SIGNER IS REPRESENTING: x Individual(s) Officers Partner@) General Partner of a Limited Partnership Attorney-in-Fact Trustee (s) Subscribing Witness GuardianEonservator Other: Corporate spprpta ry-Tr0RS.IJg.T Title@) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: Contract Documetns TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES: 2 DATEOF DOCUMENT: 8-1 0-05 Faithful Perforamcne/Warnanty Bond SIGNER (s) OTHER THAN NAMEDABOVE:~ State of COLORADO ) County of Arapahoe ) ) ss. On August 10, 2005 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Florietta Acosta known to me to be Attorney-in-Fact of Liberty Mutual Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires: April 22, 2007 Liberty Mutual Surety Bond Number 23-005-642 NOTICE FROM SURETY REQUIRED BY TERRORISM RfSK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Mutual Surety (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued -by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102( I ) of the Act is Zero Dollars ($0.00). DISCLOSURE 0 F FED E RAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the ' applicable surety deductible. LMIC-6539 11/15/04 1633974 THIS PO~VER 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. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS r POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint DILYNN GUERN, KEWN W. MCMAHON, FRANK C. PENN, PAMELA J. MANSEN, DONALD E. APPLEBY, GLORIA C. BLACKBURN, KRISTEN La MCCORMtCK, FLORIEITA ACOSTA, CYNTHIA M. BURNETT, J.R. RICHARDS, JAMES S. ROSULEK, DOUGLAS J. ROTHEY, ALL OF THE CITY OF MNVER, STATE OF COLORADO ............................................ ARTICLE Xlll - 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 attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. 8 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: ss p,s q F- 2004. Pursuant to Article X111, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to 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. .I-& sg Q) That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. 5 2 IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 28th day of !?!a October r -. Ob LIBERTY MUTUAL INSURANCE COMPANY Garnet W. Elliott, Assistant Secretary OS IN TESTIMONY W CERTlf ICATE is a full, true and This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the 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. day of P IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this loth AUgllst32005. BY OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the CPFA whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "CPFA" and SEMA Construction, Ipc. whose address is -. Lake Forest, CA 92630 hereinafter called 6 Orchard, Ste. m]& LASS Eba\ k whose address is "Contractor" and 633W. * - zq* F\oor kj ptncrele~: CA q007l hereinafler called "Escrow Agent." 3 For the consideration hereinafter set forth, the CPFA, 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 CPFA pursuant to the Construction Contract entered into between the CPFA and Contractor for Carlsbad Municipal Golf Course, Contract No. 30721 in the amount of $7,721,463.48 dated oq/d doob- (hereinafter referred to as the "Contract"). Alternatively, on written request of the contiact&, the CPFA 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 CPFA 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 CPFA and Contractor. Securities shall be held in the name of the owner. CPFA , and shall designate the Contractor as the beneficial 2. The CPFA shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the CPFA makes payment of retentions earned airectiy to tine escrow agent, tne 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 CPFA 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 CPFA. These expenses and payment terms shall be determined by the CPFA, 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 CPFA. 6. Contractor shall have the right to withdraw all or any paG of the priwipal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from CPFA to the rc e Revised 10/08/2003 Contract No. 39721-1 Page 44 of 122 Pages Escrow Agent that CPFA consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The CPFA 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 CPFA of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the CPFA. - 8. Upon receipt of written notification from the CPFA 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 CPFA and the contractor pursuant to Sections (1) to (8), inclusive, of this agreement and the CPFA 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 CPFA and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For CPFA: Title FINANCE DIRECTOR /I For Contractor: For Escrow Agent: Title v bresident Name Bradley J. Spies Signature Address 6 Orchard, Ste. Address433 w ,qQm.r. - $$'I LOS WbebeS, a'. qoow - At the time the Escrow Account is opened, the CPFA and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. e Revised 10108l2003 Contract No. 39721-1 Page 45 of 122 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. - For CPFA: Title PRESIDENT, Board of Directors For Contractor: For Escrow Agent: Title President Name Bradley J. Spies 92630 @ Revised 10/08/2003 Contract No. 39721-1 Page 46 of 122 Pages SUPPLEMENTAL PROVISIONS FOR CONTRACT NO. 39721-1 MASS GRADING AND PARTIAL UTILITIES FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT SUPPLEMENTAL PROVISIONS TO THE "GREENBOOK" STANDARD SPECIFICATIONS for PUBLIC WORKS CONSTRUCTION 2003 EDITION PART I, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer, unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary jabor, 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 Carlsbad Public Financing Authority, or "CPFA." City, City of Carlsbad, City Council, CPFA, and Board of Directors - shall be the same as the Revised 10108/2003 Contract No. 39721-1 Page 47 of 122 Pages CPFA and its Board of Directors of the CPFA. CPFA Manager - the City Manager of the CPFA or hidher approved representative. Dispute Board - persons designated by the CPFA Manager to hear and advise the CPFA Manager on claims submitted by the Contractor. The CPFA Manager is the last appeal level for informal dispute resolution. Engineer - the CPFA Engineer of the CPFA or hidher approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent nor employee - .- of the Agency or a public utility. Deputy CPFA Engineer, Construction Management & Inspection - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Construction Manager- the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts .................... :.................Apartment and Apartments Bldg ...................................... Building and Buildings CMWD .................................. Carlsbad Municipal Water District CSSD ................................... Carlsbad Supplemental Standard Drawings cfs ......................................... Cubic Feet per Second Comm ................................... Commercial DR ........................................ Dimension Ratio E ........................................... Electric EWA ..................................... Encina Wastewater Authority G .......................................... Gas gal ......................................... Gallon and Gallons Gar ....................................... Garage and Garages e Revised 10/0812003 Contract No. 39721-1 Page 48 of 122 Pages GNV ...................................... Ground Not Visible gpm ...................................... gallons per minute IE .......................................... Invert Elevation LWD ...................................... Leucadia Wastewater District MSL ...................................... Mean Sea Level (see Regional Standard Drawing M-12) MTBM ................................... Microtunneling Boring Machine NCTD ................................... North County Transit District OHE. ..................................... Overhead Electric OMWD .................................. Olivenhain Municipal Water District ROW ..................................... Right-of-way S ........................................... Sewer or Slope, as applicable SDNR ................................... San Diego Northern Railway SDRSD ................................. San Diego Regional Standard Drawings SFM ...................................... Sewer Force Main T ........................................... Telephone UE ........................................ Underground Electric W .......................................... Water, Wider or Width, as applicable WVD ..................................... 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 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 CPFA Board of Directors 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 CPFA Board of Directors and shall be notified ten (IO) days in advance of the time and location of said hearing. The determination of the CPFA Board of Directors 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 perform- ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. 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. Revised 10/08/2003 Contract No. 39721-1 Page 49 of 122 Pages Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. other instrument entitling or authorizing the person who executed the bond to do so. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 2003 Edition, 2003 Regional Supplement, March 2003, and Supplement Amendments, July 1 , 2004, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of one set associated with the project. The first set is designated as CPFA Drawing No. 381 -4A and consists of approximately 45 sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the CPFA Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the CPFA and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. The Geotechnical Report for this project is incorporated by reference and made a part of this contract along with all requirements, work items, recommendations, cautions, and information, data, supplemental reports and exhibits, and other materials therein. The Geotechnical Report is available for review during regular business hours at the Front Counter, Faraday Center, 1635 Faraday Avenue, Carlsbad, California, 92008. 2-5.1.1 Substitutions and Product Options. Within 21 days after notice to proceed, formal requests will be considered for substitutions of products in place of those specified. After the end of that period, substitution requests will be considered only if specified product or system has gone out of production subsequent to bidding, or specified product or system has been deemed illegal or dangerous by governing agencies having jurisdiction over this project. It is the intent of the Owner and Architect to have this project constructed with materials, products and systems originally designed and specified into project. This opportunity to request substitutions is not for the convenience of bidders or contractors to submit bids for materials, products and systems which may be more familiar to them, or having a lesser cost. 1. The contractor will be required to bear the cost for additional compensation to the Architect and his consultants for evaluation services, redesign or redetailing of the Contract Documents. a Revised 10/08/2003 Contract No. 39721-1 Page 50 of 122 Pages Submit separate request for each substitution. Support each request with an explanation for the request, and include: 1. Complete data substantiating compliance of proposed substitutions with requirements stated in Contract Documents. a. Product identification, including manufacturer’s name and address. b. Manufacturer’s literature; identify: I) Product description, 2) Reference standards, 3) Performance and test data. c. Samples, as applicable. d. Name, address, and date of similar projects on which product has been used, and date of each installation, as well as servicing agency and installer. 2. Itemized comparison of the proposed substitution with products specified, listing significant variations. 3. Data relating to changes in the construction schedule. 4. Any effect of substitution on separate contracts. 5. Any effect of substitution on in-place construction, or other materials and systems to be installed. 6. Accurate cost data comparing proposed substitution with product specified. 7. Designation of required license fees or royalties. 8. Designation of availability of maintenance services and sources or replacement materials. Substitutions will not be considered for acceptance when: 1. They are indicated or implied on shop drawings or product data submittals without formal request. 2. Acceptance may require extensive revision of Contract Documents. 0 Substitute products shall not be ordered or installed without written acceptance and authorization of Owner and Architect. Only the Owner and his representatives will be determine the acceptability of proposed substitutions. In making a legitimate, authorized, formal request for substitution, represent that: 1. A thorough investigation has transpired concerning the proposed product, and it has been determined that it is equal to or superior in all respects to that specified. 2. The same warranties or bonds, and guarantees will be provided as for that specified. 3. Installation of the accepted substitution will be coordinated into the work; and such changes to in-place work, ordered materials and products, or other work to be in progress prior to installation of the requested substitutions, will be performed without any additional cost to Owner. Requests for substitutions must be expeditiously forwarded for consideration. Notification of decisions concerning acceptance or rejection will be in writing, and are final without need for clarification. a @ Revised 10/08/2003 Contract No. 39721-1 Page 51 of 122 Pages 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Supplemental Provisions. 3) Plans. 4) Standard Plans. a) CPFA Supplemental Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) CPFA modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 5) Standard Specifications for Public Works Construction. 6) Reference Specifications. 7) Manufacturer’s Installation Recommendations. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3.1 General. Delete paragraph 3. Add the following: 2-5.3.2 Shop Drawings A. Submit newly prepared information, drawn to accurate scale. Highlight, encircle or otherwise indicate deviations from the Contract Documents. Do not reproduce Contract Documents or copy standard information as the basis of Shop Drawings. Standard information prepared without specific reference to the Project is not considered Shop Drawings. B. Shop Drawings include manufacturer’s data sheets, testing information, color, texture, finish samples, fabrication and installation drawings, setting diagrams, schedules, patterns, templates, and similar drawings. The shop drawing shall include, but not be limited to the following: 1. Bridges 2. Pipe 3. Fittings 4. Gate valves 5. Valve boxes 6. Sprinklers and nozzles 7. Automatic valves 8. Wire and connectors 9. Pressure regulating valves IO. Quick coupling valves 11. Warning tape 12. Relief valves Include the following information: 1. Dimensions. 2. Identification of products and materials included. 3. Compliance with specified standards. 4. Notation of coordination requirements. @ Revised 10/08/2003 Contract No. 39721-1 Page 52 of 122 Pages 5. Notation of dimensions established by field measurement. a. b. Sheet size. Except for templates, patterns and similar full-size Drawings, submit Shop Drawings on sheets at least 24" x 36", but no larger than 36" x 48". Initial Submittal. Submit one correctable translucent reproducible print and two (2) blue or blackline prints for the Engineer's review. The reproducible print will be re- turned along with blue/blackline prints. Do not use Shop Drawings without an appropriate final stamp indicating action taken in connection with construction. c. 6. The use or reuse of the Engineer's drawings for Shop Drawings is strictly prohibited. Such use will constitute rejection of the Shop Drawing. C. Coordination drawings are a special type of Shop Drawing that show the relationship and integration of different construction elements that require careful coordination during fabrication or installation to fit in the space provided or function as intended. 1. Preparation of coordination Drawings is specified in Section "Project Coordination" and may include components previously shown in detail on Shop Drawings or Product Data. 2. Submit coordination Drawings for integration of different construction elements. Show sequences and relationships of separate components to avoid conflicts in use of space. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in bmitted for approval.'' Title: President Company Name: 2-5.3.2.2 Samples Contractor shall provide, at his expense, samples of the following materials in the quantities required for approval by the resident engineer. Materials shall be delivered 60 days (1 5 days for shrubs) prior to their incorporation into the work. 1) Type 1 mulch for planter areas at water feature, bridge, slopes and park areas. 2) Shrub container plants (3 of each - to be incorporated into the work, if approved). Revised 10/08/2003 Contract No. 39721-1 Page 53 of 122 Pages Add the following Submittal Schedule 1. 2. 3. 4. 5. 6. Within twenty-eight (28) working days after Notice to Proceed, submit a schedule for submission of Shop Drawings, Product Data, and Samples by Contractor (the Submittal Schedule). The Submittal Schedule shall be agreed upon by both parties in order that the items covered by these submittals will be available when needed in the construction process and SO that each party can plan its workload in an orderly manner. Contractor shall identify on the Submittal Schedule all of the submittal items required by the Contract Documents listing Shop Drawings, product data, literature, sample reports, in-service training, and all other submittal items separately. No Submittals will be processed before the Submittal Schedule has been submitted to and accepted by Owner’s Representative. In preparing the Submittal Schedule, Contractor shall first determine from the Contract Schedule the date the particular item is needed for the Work. Working backward, Contractor shall indicate on the Submittal Schedule the required number of days for shipment, time for fabrication, field sample or mockup, time for review and approval by Owner’s Representative, time for one (1) resubmittal and similar items to determine the date of the first submittal. The Submittal Schedule shall be adjusted to meet the needs of the construction process and the Contract Schedule. Submit seven (7) copies of the Submittal Schedule and each updated Submittal Schedule. Prove updated Submittal Schedules concurrent with updated Contract Schedule. Format of Submittal Schedule shall be similar to Contract Schedule. Contractor shall indicate, as a minimum, for each submittal item on the Submittal Schedule. a. A Schedule Activity for preparation of the submittal. b. A Schedule Activity for Owner’s Representative’s approval. c. A Schedule Activity for revisions to the submittal by Contractor. d. A Schedule Activity for re-review by Owner’s Representative. e. A Schedule Activity for fabrication and delivery. In preparing the Submittal Schedule, Contractor will consider the nature and complexity of each submittal item and shall allow ample time for review, revision, and/or correction. In preparing the Submittal Schedule, Contractor shall coordinate and cooperate with Owner’s Representative to stagger the review of any submittal review activities showing free float. Contractor shall schedule a minimum of fourteen (14) working days for review of first time submittals. Schedule ten (IO) working days for review of resubmittals. Contractor is responsi- ble for the time associated with obtaining approvals and resubmitting beyond times indicated are not grounds for a time extension. Cost of re-review of resubmittals (third submittal) by the Owner’s Representative will be borne by the Contractor. Add the following: 2-5.3.5 Submittal Procedures A. Coordination. Coordinate preparation and processing of submittals with performance of construction activities. Transmit each submittal sufficiently in advance of performance or related construction activities to avoid delay. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals and related activities that require sequential activity. 2. Coordinate transmittal of different types of submittals for related elements of the work so processing will not be delayed by the need to review submittals concurrently for coordina- tion. a Revised 10/08/2003 Contract No. 39721-1 Page 54 of 122 Pages a. The Engineer reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. 3. Processing. Allow sufficient review time so that installation will not be delayed as a result of the time required to process submittals, including time for resubmittals. a. Allow two weeks for initial review. Allow additional time if processing must be delayed to permit coordination with subsequent submittals. The Engineer will promptly advise the Contractor when a submittal being processed must be delayed for coordination. b. If an intermediate submittal is necessary, process the same as the initial submittal. c. Allow ten (IO) working days to reprocess each submittal. d. No extension of Contract Time will be authorized because of failure to transmit submittals to the Engineer sufficiently in advance of the Work to permit processing. B. Submittal Preparation. Place a permanent label or title block on each submittal for identification. Indicate the name of the entity that prepared each submittal on the label or title block. 1. Provide a space approximately 4”x5” on the label or beside the title block on Shop Drawings to record the Contractor’s review and approval markings and the action taken. 2. Include the following information on the label for processing and recording action taken. a. Project name. b. Date. c. Name and address of contractor. d. Name and address of Subcontractor. e. Name and address of supplier. f. Name of manufacturer. g. Number of title and appropriate Specification Section. h. Drawing number and detail references, as appropriate. C. Submittal Transmittal. Package each submittal appropriately for transmittal and handling. Transmit each Submittal from Contractor to Engineer using a transmittal form. Submittals received from sources other than the Contractor will be returned without action. 1. On the transmittal, record relevant information and requests for data. On the form or separate sheet, record deviations from Contract Document requirements, including minor variations and limitations. Include Contractor’s certification that information complies with Contract Document requirements. Add the following: 2-5.3.6 Product Data A. Collect Product Data into a single submittal for each element of construction or system. Product Data includes printed information such as manufacturer’s installation instructions, catalog cuts, standard color charts, roughing-in diagrams and templates, standard wiring diagrams and performance curves. Where Product Data must be specialty prepared because standard printed data is not suitable for use, submit as “Shop Drawings.’’ 1. Mark each copy to show applicable choices and options. Where printed Product Data includes information on several products, some of which are not required, mark copies to indicate the applicable information. Include the following information: Revised 10/08/2003 Contract No. 39121-1 Page 55 of 122 Pages 2. 3. 4. 5. a. Manufacturer's printed recommendations. b. Compliance with recognized trade association standards. c. Compliance with recognized testing agency standards. d. Application of testing agency labels and seals. e. Notation of dimensions verified by field measurement. f. Notation of coordination requirements. Do not submit Product Data until compliance with requirements of the Contract Document has been confirmed. Preliminary submittal. Submit a preliminary single copy of Product Data where selection of options is required. Submittals. Submit two (2) copies of each required submittal; submit four (4) copies where required for maintenance manuals. The Architect will retain one and will return the other marked with action taken and corrections or modifications required. a. Unless noncompliance with Contract Document provisions is observed, the submittal may serve as the final submittal. Distribution. Furnish copies of final submittal to installers, subcontractors, suppliers, manufacturers, fabricators, and others required for performance of construction activities. Show distribution on transmittal forms. a. Do not proceed with installation until an applicable copy of Product Data applicable is in the installer's possession. b. Do not permit use of unmarked copies of Product Data in connection with construction. 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, including changes in both pressure and non-pressure line, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. 0 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 information 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 (I/() in size. Facilities and items to be located in their horizontal and vertical positions and shown on the record drawings shall include, but not be limited to: a) Routing of irrigation pressure mainlines b) Backflow preventers c) Ball, gate and check valves d) Irrigation control valves. e) Quick coupler valves 9 Routing of service wires g) Routing of control wires h) Electrical service equipment i) Electrical junction boxes Revised 10/08/2003 Contract No. 39721-1 Page 56 of 122 Pages j) Irrigation controllers; (k) Sleeves for future connections (I) 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 hy time. e The Contractor shall make all changes to reproducible drawings in waferproof black ink (no bah 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 blue-line prints of the proposed "record" drawings for, and obtaining their approval by, the Engineer. 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 (IO) 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 therefore. 2-6 Work To Be Done. Add the following: 2-6.1 Earthwork Balancing Note: The grades represented on the approved grading plans for this project represent a design addressing project design and environmental constraints known at this time. It will be the responsibility of the Contractor to coordinate with the Engineer to adjust grades in specific onsite balancing areas to create a balanced earthwork condition. Off-site handling or disposal of earthwork materials is not a part of this contract. All costs related to the adjustment of grades is to be included in the cost of bid line item 9: "Rough shaping of golf course." Contractor shall not request, nor shall CPFA approve, additional compensation for grade adjustments, final grades, rough and/or fine grading, or shaping other than those costs identified in the aforementioned bid line item 9. 2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record@) as required by 53 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. Contractor shall provide horizontal and vertical survey certification that all commercial, industrial, and clubhouse pads are constructed in substantial conformance with these plans. a Revised 10/08/2003 Contract No. 39721-1 Page 57 of 122 Pages Add the following section: 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of Section 2-5.3.3, "Submittals," herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (8'/*" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, field crew members and preparer of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTFWNS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under 5s 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record@) 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 intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas40 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. Mark the centerline of each golf hole, using known reference points and available topographic mapping. Stakes shall be placed along the centerlines of each golf hole as follows: a single pole (painted red) at the middle of each championship tee; a single pole (painted white) at each landing area, called a "turn point" or "dogleg" located 270 yards from the back tee stake on the par 4 and par 5 holes, and, in addition on par 5 holes, place a second "turn point" stake in accordance with distance indicated on Grading Plan; a single stake (painted yellow) in the center of the proposed green. Stakes shall be approximately 2" diameter X 20' long PVC pipe, buried into the soil until @ Revised 10108/2003 Contract No. 39721-1 Page 58 of 122 Pages substantially firm. Drainage swales, channel grades, lakes and other important features for the golf course will be staked as required for construction with a minimum of 1 horizontal and vertical control stake per 100 Linear feet. Top of bank (T.B.) elevations shall be staked in order for contractor to begin grading operations. Prior to rough finish grading, all important golf course features shall be located and blue topped as directed by the GOLF COURSE ARCHITECT. All environmentally sensitive areas and limits of grading shall be fenced and approved by the Owner and Golf Course Architect prior to any clearing and grubbing. Feature Staked Street Centerline Clearing The top of bank (T.B.) of all proposed lakes shall be staked by the Contractor in approximate configuration with that shown on the plans or as otherwise deemed necessary by the Engineer to conform with topography or existing vegetation. It shall be the responsibility of the Contractor to save the top of bank (T.B.) stakes, and then provide their slope, cut stakes to the proposed lake bottom. All slopes of the lake shall be cut on a uniform 4:l slope with the sides and bottom undercut 1 foot (1’-0”). A lake sealing operation will be done at a later date to bring the sides and bottom back to finish grade. Fine finishing and shaping of all lakes shall be performed under Section VI “Fairway Development.” Stake Description 0 SDRS M-I 0 Monument Lath in soil, painted line on PCC & AC Swales shall be constructed in locations shown on the Grading Plan or as otherwise directed by the Engineer. The Contractor shall stake the proposed alignment prior to construction. The Engineer may alter their locations as necessary due to existing contour to facilitate their construction or to improve the appearance and playing qualities of golf course. Rough Grade Cuts or Fills 2 10 m Final Grade (includes top of: Basement soil, subbase and (33’) 0 Topsoil shall be stripped and stockpiled before excavation if required. RP + Marker Stake RP + Marker Stake, Blue- top in grading area The cross section of swales shall be variable, but in no case shall side slopes exceed a 4:l slope unless otherwise directed by Engineer. Side slopes shall be blended into existing contour and the bottom of the swale to enable proper mowing operations without scalping. The invert of swales shall be graded smooth and uniform grade in order to provide a constant flow with a minimum slope of 2%. 0 TAB LE 2-9.2.2(A) Survey Requirements for Construction Staking I surfaces Slope I RP + Marker Stake RP + Marker Stake @ Revised 1010812003 Centerline or Parallel to Centerline Spacing@, Q 5300m (1 0003, Street Intersections, Begin and end of curves, only when shown on the plans lath - Intervisible, I 15m (50’) on tangents & 5 7.5m (25’) on curves, Painted line - continuous lntervisible and s 15m (50’) I 60 m (200’) on tangents, I 15m (50’) on curves when R2 300m (1000’) & 7.5m (25’) or curves when Rs 300m (1000’) I 15m (50’) 1 15 m (50’) on tangents & curves when Rr 300m (1000’) & I 7.5m (25’) on curves when R 5 300m (1 000’) Lateral Spacing 0,O on street centerline at clearing line Grade Breaks & 17.6 m (25’) NIA (constant offset) NIA 16.7 m (22’) I Setting Tolerance (Within) 7 mm (0.02’) Horizontal; also see section 2-9.2.1 herein 0.3 m (1’) Horizontal 30 mm (0.1 ’) Vertical & Horizontal 30 mm (0.1’) Horizontal 30 mm (0.1’) Vertical & Horizontal 10 mm (“/a”) Horizontal 7 mm (’/4”) Vertical Contract No. 39721-1 Page 59 of 122 Pages base) Asphalt Pavemer Finish Course 5 7.5m (25') or as per the intersection grid points shown on the plan whichever provide! the denser information intervisible & I 7.5m (257, beginning and enc BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets 8 similar facilities, Risers & similar facilities (except plumbing), Skewed cut4 lines I 7.5m (25'), BC & EC, at %A, %A & %A on curb returns 8 at beainnino & end I 10 mm ("/e") Horizontal & 7 rnm (1/4") Vertical I Vertical locations shall be based on the ultimate elevation of curb and sidewalk at each pole & controller location edge of pavement, paving pass width, crown line & grade breaks as appropriatc I 15 m (50') and at beginning & end of: each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation & wall height 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 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 RP, paint or previous course RP + Marke Stake RP + Markei Stake RP + Markei Stake RP + Markei Stake RP + Marker Stake 3P + Marker Stake + Line Stake iP + Marker Stake + Line Stake iP + Marker Stake + Line 'oint +Guard Stake I 15 m (50') on tangents & curves when F& 300m (1 000') 8 s 7.5m (25') on curves when R I 300m (1000') or where grade I 0.30% intervisible & I 30 m (loo'), BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities At sign location intervisible & I 15m (50'), BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & 10 mrn ("/a") Horizontal & 7 mm (l/4-) Vertical Drainage Structures, Pipes & similar FacilitiesD, @ Curt, (constant offset) IO mm ('//a") Horizontal & 7 mm C/dn~ Vertical Traffic Signal (SI Signal Poles & Controller 0 Junction Box Ct Conduit 0 IO mm ("/<) Horizontal as appropriate & 7 mm ('/4") Vertical IO mm (%") Horizontal 8 7 mm ('/4") Vertical IO mm ("/a") Horizontal at each junction box location as appropriate 5 15 m (50') on tangents & curves when R2 300m (1000') & I 7.5m (25') on curves when R I 300m (1000') or where grade I 0.30% as appropriate & when depth cannot be measured from existinq pfvement 7 mm ( 14 ) Vertical 0 mm ('/a") Horizontal & 7 mm (l/,m) Vertical (when vertical data Minor Structure 0 as appropriate for catch basins: at centerline of box, ends of box & wings & at each end of the local depression €3 I 15 m (50') & along end slopes & conic transitions needed) 10 mm (0.1') Vertical & Horizontal 0 as appropriate Abutment Fill 7 mm ('/4.) Horizontal & 7 mm ('/4") Vertical as appropriate Wall a Major Structure (3 Footinns. Bents, 0 mm ('la") Horizontal & 7 rnrn (1/4n) Vertical ?P + Marker Stake + Line 'oint +Guard Stake RP as appropriate 3s appropriate Abutkents & Wingwalls Superstructures 0 mm ("/a") Horizontal & 7 mm (l/d") Vertical __ 0 mm (0.1') Vertical & Miscellaneous (3 Contour Grading 0 I 15 m (50') along contour line tP + Marker Stake tP + Marker Stake IP + Marker Stake 1P + Marker itake + Line oint +Guard Stake !P + Marker Stake Horizontal 0 mm ("/e") Horizontal Utilities 0, 0 3s appropriate 3s appropriate Line point e 7 mm ('/4") Vertical D mm (0.1') Horizontal e 7 mm ('/4") Vertical Channels, Dikes & Ditches 0 Signs (D 0 mm (0.1') Vertical & Horizontal 3s appropriate Subsurface Drains 0 3 mm (0.1') Horizontal e 7 mm (l/4") Vertical a Revised 10/08/2003 Contract No. 39721-1 Page 60 of 122 Pages Overside Drains (D Markers 6l Stake RP + Marker Stake Railings 8 Barriers a - end At marker location(s) for asphalt street surfacing I 15 m (50’) on tanaents & curves when R> 300111 (1 000’) 8 S AC Dikes 0 Stake RP + Marker Box Culverts tangents8 curves when R 2 300m (1 000’) & I 7.5m (25’) on curves when R -< 300m (1 000’) At beginning 8 end barrier location(s) as appropriate Pavement MarkersO when R 2 300m~(1000’) & 7.5m (25’) on curves when R I 300m (1 000’) For PCC 0 Staking for feati Clearing Grading I similar facilities I RP + Marker 1 longitudinal location IAt beginning 8 White/Orange Limits of clearing Yellow/Black Slope, intermediate slope, abutment fill, rough grade, contour grading, final Yellow - Rig ht-of-Way Miscellaneous I 7.5k (25’) on curves when R I 300m (1 000’). I At beainnina & end and I 15 m 150’) on RP + Marker 1 I at railing 8. drains, slope protection, curbs, gutters, etc. Fences, W W lines, easements, property monuments, etc. Signs, railings, bamers, lighting, etc. White/Yellow Orange Stake I I 3 m to 10 m (10’ to 33’) as required by the I Engineer, BC & EC, transition points& at beginning & end. Elevation points on footings 1- & at invert RP I 60 m (200’) on tangents, 15m (50’) on curves as appropriate at pavement marker location(s) ? may be omitted when adiacent marker stakes reference the offset and elf 30 mm (0.1 ’1 Horizontal 8 7 rnm (I/>) Vertical 7 mm (’h’’) Horizontal 10 mrn (“/e”) Horizontal & Vertical 30 mrn (0.1’) Horizontal & Vertical 10 mm (“/e”) Horizontal 7 mm (’/,I”) Horizontal ation 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 & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table 0 Perpendicular to centerline. 0 Some features are not necessarily parallel to centerline but are referenced thereto 61 Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature @ 2 means greater than, or equal to, the number following the symbol. I means less than, or equal to, the number fol- lowing the symbol. 0 The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(B) other utilities shall be the top of their pipe or conduit. 0 TABLE 2-9.2.2(B) Survey Stake Color Code for Construction Staking I alignments, etc. I Vertical Control 1 Benchmarks I I grade, etc. I Structure I Bridges, sound and retaining walls, box culverts, etc. I White Drainage, Sewer, Curb 1 Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm I Blue 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. Payment for the @ Revised 10/08/2003 Contract No. 39721-1 Page 61 of 122 Pages replacement of disturbed monuments and the filing of records of survey and/or comer records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefore. 0 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor’s ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. SECTION 3 -- CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK. 3-3.2.2 (c) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: Revised 10/08/2003 Contract No. 39721-1 Page 62 of 122 Pages (a) and shall constitute the markup for all overhead and profits: 2) Materials ............................. 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. Work by Contractor. The following percentages shall be added to the Contractor‘s costs 1) Labor ................................... 15 3) Equipment Rental ................... 15 (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. 34 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (9, 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, untess 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 CPFA with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. . The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-1 2655. “The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the CPFA’s proposed final estipate in order for it to be further considered.” __ By: le: President Q Revised 10/08/2003 Contract No. 39721-1 Page 63 of 122 Pages Date: Company Name: The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Construction Manager 2. City / CPFA Project Inspector 3. Deputy Public Works Director 4. City Engineer 5. Public Works Director 6. CPFA Manager or his authorized representative 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 CPFA will, within 20 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the CPFA will provide its position within 20 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 CPFA Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the CPFA 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: e Revised 10/08/2003 Contract No. 39721-1 Page 64 of 122 Pages ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (8) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 @ Revised 10/08/2003 Contract No. 39721-1 Page 65 of 122 Pages (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 all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed 0 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 otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe Revised 10108/2003 Contract No. 39721-1 Page 66 of 122 Pages 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. 0 4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor’s expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 0 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@), 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 0 a Revised 10/08/2003 Contract No. 39721-1 Page 67 of 122 Pages pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 -- UTILITIES 5-1 LOCATION. Delete the first paragraph and substitute the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 0 5-6 COOPERATION. Add the following: San Diego Gas & Electric (SGD&E) will remove the power poles and provide the undergrounding work and relocations indicated on the plans for SDG&E facilities. Telephone, cable television and all other franchise utilities, if any, shall likewise remove, relocate and provide work for their respective facilities located within the workzone or impacted by the work. The Contractor shall coordinate all work with the appropriate utility company and shall be responsible for payment of all fees and costs associated with removal, relocation or replacement of utility facilities to include the cost of related permits, submittals, and design elements required to complete the work indicated on the plans. SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 10 calendar days after receipt of the "Notice to Proceed". Revised 10108/2003 Contract No. 39721-1 Page 68 of 122 Pages Add the following section: 6-1 .I 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 .I .2 Quality Assurance Consultant shall retain a Consultant to provide CPM scheduling services, including planning, evaluating, and reporting. The Consultant shall be a recognized specialist, acceptable to the Owner, who is expert in the critical path methods (CPM) of scheduling and reporting. 1. In-House Options. The requirement to retain a Consultant may be waived if the Contractor can demonstrate to the Owner’s satisfaction that it has the computer equipment required to produce CPM network diagrams and it employs skilled personnel who are experienced in CPM scheduling and reporting techniques. 2. The Consultant shall have computer facilities available that are capable of delivering detailed network diagrams within 48 hours of request. Contractor shall comply with procedures contained in “CPM in Construction - A Manual for General Contractors’’ published by The Associated General Contractors of America, Inc. Where procedures listed in this section are more stringent, comply with those procedures. Add the following section: 6-1 .I .3 Definitions Proposed Contract Schedule. The computer generated schedule of the Contractor’s plan for developing and constructing the Work in the format required by the Specifications, submitted for acceptance by the Owner’s Representative. Contract Schedule. The accepted version of the most recent update of the Proposed Contract Schedule. Preliminary Contract Schedule. The schedule to be submitted by the Contractor fourteen (14) working days after the Notice to Proceed. This schedule will be used to monitor progress for the first sixty (60) days of the Contract. Cost Breakdown. Itemized table of costs, based on the most recent updated contract schedule, in the format required by the Owner, to be used as a basis for determining the cost of Work performed for Contractor’s Application for Payment. Days. Working days. Rolling Schedule. Two (2) week window schedule project for Work to be performed during the following weeks beyond the week it is presented at the Weekly Construction Meetings, based on the Contract Schedule to provide additional detail to the Owner’s Representative. Revised 10/08/2003 Contract No. 39721 -1 Page 69 of 122 Pages Add the following section: 6-1 .I .4 Preparation of Contract Schedule Contractor will submit the Preliminary Contract Schedule within fourteen (14) days after the Notice to Proceed. Within twenty (20) working days after Notice to Proceed is issued, Contractor will submit the Proposed Contract Schedule. Within five (5) working days after receipt of the Proposed Contract Schedule, the Owner’s Representative will review the Proposed Contract Schedule and provide comments and suggested changes and revisions. Within five (5) working days after receipt of Owner’s Representative’s comments, Contractor shall resubmit Proposed Contract Schedule, after incorporating the necessary changes and revisions. Within five (5) working days after receipt of revised Proposed Contract Schedule, the Owner’s Representative will reject or accept Contractor’s Proposed Contract Schedule as the Contract Schedule. The Contract Schedule will then be used to monitor the Work. In case or rejection, Contractor must resubmit. No payments will be made to the Contractor until the Contract Schedule has been accepted. 1. 2. 3. 4. 5. 6. 7. 8. Add the following section: 6-1.1.5 Activities Contractor shall identify all Work activities in proper sequence for the completion of the Work. Work activities shall include, but are not limited to, the following: Major Contractor-furnished equipment, materials and building elements, and schedule activities requiring submittals or prior approval. Show dates for the submission, review and approval of each submittal corresponding to the submittal schedule. Dates shall be shown for the procurement’ fabrication, delivery and installation of major equipment, materials and building elements, and for scheduled activities designated by Owner. System test dates. Scheduled overtime Work/se rvice interruption . Dates Contractor requests designated working spaces, storage areas, access and other facilities to be provided by Owner. Dates Contractor requests orders and decisions from Owner on designated items. Dates Contractor requests delivery and installation of Owner-furnished equipment. Dates Contractor requests Owner-furnished utilities. Connection and relocation of existing facilities. - Contractor shall identify all Work activities that constitute the critical path. The presentation of each Work activity on the Contract Schedule shall include a brief description of Revised 10/08/2003 Contract No. 39721-1 Page 70 of 122 Pages the Work activity, the duration of the Work in calendar days and man days, and a responsibility code identifying the organization or trades performing the Work activity. Non-construction activities, such as procurement, may have longer durations. Activity Codes shall be used for grouping and sorting capabilities. At a minimum, each activity should have the following activity code assignments: 1. Responsibility Code. Corresponding to the Subcontractor responsible for performing the Work. 2. Specification Code. Identify which Specification Division applies to the description of Work. 3. Location Code. Identify a general location on the Site where the activity will be performed (i.e., Site, Building Shell, Building Interior). 4. Area Code. Identify a specific area where the activity will be performed (Le., Mechanical Yard, West Parking Lot, or Is‘ Floor, 2”d Floor, Auditorium, etc.). Add the following section: 6-1 .I .6 Format for Contract Schedule Use “Suretrak“ 2.0 for Windows Project Planner software. Contract Schedule shall be a time-scaled, cost-loaded Critical Path Method (CPM) diagram in precedence or activity on arrow format. No activity on the schedule shall have duration longer than ten (IO) working days. Fabrication and procurement activities, as well as submittals and review of submittals, may have longer duration if acceptable to the Owner’s Representative. Provide sufficient detail to describe Contractor’s plan of construction for completing the Contract Work within the specified time period, to the satisfaction of the Owner’s Representative. Include milestone activities showing the point of Substantial Completion and completion for each stage of the Work. Show dependencies (or relationships) and logic between activities so that the effect of progress (or lack of progress) on related activities and the overall schedule can be monitored. An activity for “mobilization” is required which includes preparatory work and operations, including, but not limited to, those necessary for movement of personnel, equipment, supplies and incidentals to the Project Site, for establishment of all offices, buildings and other facilities necessary for work on the Project, and for all other work and operations which must be performed or costs incurred prior to beginning work on the various items on the Project Site. Submit a procurement log as part of the Contract Schedule. This procurement log shall, at a minimum, include the following information for each type of material or equipment provided under this contract. 1. Material or equipment description. 2. Tech n ica I Specification reference . 3. Dates that submittals will be issued to the Owner’s Representative. @ Revised I010812003 Contract No. 39721-1 Page 71 of 122 Pages 4. Duration in days required for preparation of submittals. 5. Duration in days required for fabrication and delivery. 6. Cross-reference to all activities on Contract Schedule which will be constrained by delivery date of the material or equipment item. 7. Total cost of invoices to be submitted for payment on delivery of each procurement item. 8. Scheduled delivery dates. 9. Supplier/Fabricator's name, address and telephone number. Activities on Contract Schedule that are dependent on submittal acceptance and/or material delivery shall not be scheduled to start earlier than the expected acceptance or delivery dates. . Total cost of performing each activity (labor, material and major equipment) shall be shown on the schedule. On-site production activity duration shall be the total of the actual days required to perform that activity. Do not include non-production time. Include completion of the Work in advance of the date established for Substantial Completion. See required Schedule times below and requirements of Project Close-Out. Use one working day as the unit of time. Schedule all work to show completion of the Work in advance of the date established for Substantial Completion. Include sufficient and reasonable time for cleanup and Punch List before completion of the Contract. Add the following section: 6-1 .I .7 Computer Scheduling Reports Contractor shall provide a computer diskette containing the complete "Suretrak" project data for all schedules submitted and updates. Provide two (2) copies of generated reports of the Contract Schedule as updated each month. Report shall include the following: 1. Schedule Logic Report. This report lists all the activities, their early/late and actual start and finish dates, duration, float and sort by activity identification. 2. Value Summaries. Prepare two (2) cumulative value listings, sorted by finish dates, with graphical cash flow values showing monthly position of actual payments requests. a. In first listing, tabulate the following: 1) Activity number. 2) Early finish date. 3) Dollar value. 4) Cumulative dollar value. b. In the second listing, tabulate the following: 1 ) Activity number. 2) Late finish date. e Revised 10/08/2003 Contract No. 39721-1 Page 72 of 122 Pages 3) Dollar value. 4) Cumulative value. c. In subsequent issues of both listings, substitute actual finish dates for activities completed as of date of listing. d. Prepare listing for ease of comparison with payment requests; coordinate timing with Progress Meetings. e. In both value summary listings, tabulate “actual % complete,” and “cumulative value completed” with total at bottom. f. Submit value summary printouts following each regularly scheduled progress meeting. 3. Network Plots. Time-scaled network diagram showing all activities and their relationships. Group the activities by: 1) location and 2) area. Sort by Early Start. Provide two color plots on 24” x 36”, or larger sheets of opaque bond paper. Utilize as many sheets as necessary to display the entire construction period. The size of the text and the bars should be sufficient to read from a distance of two feet. Besides the reports referred to above, provide the following two (2) tabular reports: 1. Activities by Early Start. Group the Activities by 1) Location and 2) Area. 2. Activities-with scheduled start days within the next thirty (30) days. Group the activities by 1) Location and 2) Area. Sort by Early Start. Schedule Cost Loading: 1. In addition to the above network requirements, the Contractor shall furnish cost estimates for each activity which cumulatively equals the total Contract cost. Mobilization costs are to be shown separately; however, other costs, i.e., profit, insurance and bond shall be prorated throughout all activities. 2. If provided by the Owner’s Representative, the Contractor agrees to use the Cost/Activity Codes provided. The Contractor agrees to assign these codes and allocate costs to the schedule activities. 3. Unless otherwise required to use the Owner’s Representative’s CostlActivity Codes, the Contractor shall use the Construction Specification Institute (CSI) Broadscope Codes. The CSI Broadscope Codes are the first five (5) numbers listed on the CSI document MPS-1 (Masterfor- mat) 1983 edition. The Contractor shall use an 8-digit cost code in order to obtain more detail if necessary to provide more specific and pertinent breakdown of the Project. 4. Codes shall be of sufficient level of detail to enable allocation of one code cost to a schedule activity and to enable monitoring to the costs of unit operations, discrete work packages, trade groupings, etc.., as may be approved by the Owner’s Representative. Prepare and submit samples of schedules listed above as part of initial submission of proposed Contract Schedule. 0 Add the following section: 6-1.1 -8 Preliminary Contract Schedule Submittal a Revised 10/08/2003 Contract No. 39721-1 Page 73 of 122 Pages CPM Network Diagram. Contractor shall submit a detailed CPM schedule for the first sixty (60) days and summary for the rest of the project. I. Include a skeleton diagram for the remainder of the Work with the preliminary diagram, indicating probable critical paths. 2. Show each significant construction activity, including, but not limited to: a. All Shop Drawings. b. Agency Approvals. c. Site preparation completion. d. Underground utility shut-downs. e. Underground utility completion. f. Mockup construction and review. g. Foundation completion. h. Rough grading completion i. Frame completion. j. Shell completion. k. Utility connections. 1. Site work completion. m. Punch list preparation. n. All holidays and non-working days. 3. Pay particular attention to the following critical activities, including but not limited to: a. Submittals. b. Utility connections. c. Utility construction. d. Mockups. 4. Cash Requirement Prediction. Include a preliminary cash requirement prediction based on all indicated activities. 5. Tabulation of Submittals. Include a tabulation by date of submittals required during the first ninety (90) days of construction.. List those required to maintain orderly progress of the Work, and those required early because of long lead time for manufacture or fabrication. 6. Distribution. Distribute the Preliminary Contract Schedule to all parties that need to know about construction activities that are scheduled early, including the Owner and Owner’s Representa- tive. The Preliminary Contract Schedule shall be a feasible, workable and reasonable schedule for the Work, and will serve as the basis for development of the accepted Contract Schedule. Add the following: 6-1 .I .9 Contract Schedule Immediately following the Notice to Proceed, proceed with the preparation of a network diagram for the CPM Contract Schedule. 1. Follow the steps necessary to complete development of the network diagram in sufficient times so that the Contract Schedule can be submitted and accepted for use no later than the time previously specified. Revised 10/08/2003 Contract No. 39721-1 Page 74 of 122 Pages 2. Conduct educational workshops to train and inform key Project personnel, including subcontractors’ personnel, in proper methods of providing data and using Contract schedule information. 3. Establish proc‘edures for monitoring and updating the Contract Schedule and for reporting progress; coordinate procedures with progress meeting and payment request dates. Submittal and Distribution. Submit the initial issue of the tabulations and network for acceptance. When authorized, distribute copies to the Owner’s Representative two (2) copies, principal subcontractors and suppliers or fabricators, and others identified by the Contractor with a need-to- know schedule responsibly. 1. Post copies in the Project meeting rooms and field office. 2. When revisions are made, distribute update schedules to the same parties and post in the same locations. Delete parties from distribution when they have completed their assigned portion of the Work and are no longer involved in performance of construction activities. 3. Submit copies of each computer-produced report (listing) in duplicate to Owner’s Representative. Add the following section: 6-1 .I .IO Monthly Updates and Progress Payments Review the Contract Schedule with Owner’s Representative once a week to incorporate in the Contract Schedule all changes in the progress, sequences, and Scope of Work activities. Prepare and submit to Owner’s Representative an updated Contract Schedule once each month. 1. Contract’s estimated percentage complete for each activity in progress. -. a 2. Actual startlfinish dates for all activities shown on initial Contract Schedule with all subsequent approved additions. 3. List of materials and/or equipment delivered for which Contractor is requesting payment and original invoice verifying cost. 4. Identification of processing errors, if any, on the previous update reports. 5. Revisions, if any, to the assumed activity durations including revisions for weather impact for any activities due to effect of previous update on the schedule. 6. Network window of all proposed change orders issued during the update period concerning float time. 7. Resolution of conflict between actual work progress and schedule logic. When out of sequence activities develop because of actual construction progress, Contractor shall submit revisions to schedule logic to conform to current job status and directions, without changing original activity identification. 8. A narrative report with the updated progress analysis, which shall include, but not be limited to, a description of problem areas, current and anticipated delaying factors and their impact, and an explanation of all corrective action such as modifications to original durations, increased remaining durations and logic changes. The Owner’s Representative will be using software (Le. , Claim Digger) to identify all corrective changes made to the schedule updates. A schedule @ Revised 10/08/2003 Contract No. 39721-1 Page 75 of 122 Pages update may be rejected by the Owner if the narrative report fails to identify and explain all corrective action. 9. The updated contract schedule shall accurately represent the as-built condition of all completed Work and percentage remaining of all in-progress Work activities as of the date of the updated Contract Schedule. 10. The updated Contract Schedule shall incorporate all changes mutually agreed upon by Contractor and Owner during preceding periodic reviews, all changes resulting from Change Orders and Field Orders, and all remaining days of the inclement weather allowance. 11. Contractor shall perform the Work in accordance with updated Contract Schedule, Contractor may change the Contract Schedule to modify the order or sequence of accomplishing the Work only with prior agreement by Owner. 12. Under no circumstances shall an Activity Identification be changed. The Activity Identification for an activity established in the original Contract Schedule must remain unchanged. Contractor shall submit the updated Contract Schedule, in the form acceptable to Owner’s Representative, at least five (5) days prior to submitting the Application for Payment Form. Owner’s Representative will determine acceptability of the updated Contract Schedule within seven (7) days after its receipt. No application for Payment will be processed nor shall any progress payments become due until updated Contract Schedules are accepted by Owner’s Representative. The accepted, updated Contract Schedule shall be the Contract Schedule of record for the period it is current and shall be the basis for payment during that period. Progress payments shall be made based on the update of the Contract Schedule. Payment for amount of work completed in the current progress payment period shall be the sum of the activity cost multiplied by the percentage of work completed for each activity in progress minus previous payments, less retainage. Request for payment for accepted materials delivered shall be limited to the invoice value of materials or equipment shown on the Contractor’s procurement log, less retainage. Payment may be made for materials which the Contractor stores off-site when materials are stored and insured in a manner acceptable to the Owner’s Representative. No payment shall be made for materials or equipment which do not have accepted submittals. If material or equipment is not identified with a cost in the procurement log, it is the responsibility of the Contractor to submit necessary adjustments to the Contract Schedule. Incorporation of such revisions to the computerized version of the Contract Schedule and payments on such requests are at the discretion and acceptance of the Owner’s Representative. Payments may be made on an activity progressing ahead of its logical sequence after such conflict between logic and actual work progress is resolved by the Contractor. Agreed upon update data shall be processed by Contractor within five (5) days. Two (2) copies of computer-generated update reports will be furnished to the Owner’s Representative for processing with application for payment. Revised 10108/2003 Contract No. 39721-1 Page 76 of 122 Pages Due to the fact that the Contract Schedule may be accepted by the time the first Application for Payment is submitted, Contractor shall be responsible for providing cost information for activities for which progress payment is requested. It is also the responsibility of the Contractor to reconcile such cost information and payments with the cost loaded Contract Schedule. However, no payment shall be approved affer forty-five (45) calendar days after official contract start date given in Notice to Proceed, until the Contract Schedule ahs been accepted by the Owner’s Representative. a A computer diskette (3.5”) containing the complete “Suretrak” data for the Contract Schedule update and two (2) hard copies of computer-generated reports will be furnished to the Owner’s Representative for processing with application for payment. Add the following section: 0-1.1 .I1 Schedule Revisions Within the first three (3) days of the following week, Contractor shall submit to Owner’s Representative any proposed schedule revisions to the Contract. 1. Revision, if any, to the assumed activity durations including revisions for weather impact for any activities due to effect of previous update on the Schedule. 2. Network window of all proposed Change Orders issued during the update period showing time impact. 3. Resolution of conflict between actual work progress and schedule logic. When out of sequence activities develop because of actual construction progress, Contractor shall submit revisions to schedule logic to conform to current job status and directions, without changing original activity identification. 4. A narrative report with the updated progress analysis, which shall include, but not be limited to, a description of problem areas. Current and anticipated delaying factors and their impact and explanation of corrective action taken and any proposed revisions for a recovery plan. Within seven (7) days after receipt of the Schedule of Revisions, the Owner’s Representative will review the proposed Schedule revisions and provide comments, suggested changes, and revisions. Schedule revisions submitted by Contractor, upon acceptance by the Owner’s Representative, shall be incorporated into the Contract Schedule during the next update. Add the following section: 6-1 .I .I2 Recovery Plan If Contractor is behind schedule by more than ten (1 0) working days for any stage of Work, based on the updated Contract Schedule after incorporating all approved time extensions, Contractor shall submit to the Owner’s Representative within five (5) working days of notification of such delay, a “recovery plan.” The recovery plan shall be based on proposed revisions to Contract Schedule for the next thirty (30) working days period and shall show how Contractor intends to bring the work back on schedule. Recovery plan shall also include a written description of how the measures that Contractor intends to take without additional cost to the Owner to regain schedule compliance. The recovery plan activities shall be identified according to their relationship to activities on the accepted schedule. Should Contractor fail to submit and execute such recovery plan, the Owner shall have the option to direct Contractor to employ any or all measures that the Owner may deem fit to regain schedule compliance without additional cost to the Owner. Revised 10/08/2003 Contract No. 39721-1 Page 77 of 122 Pages 0 Recovery plan submitted by Contractor, upon acceptance by the Owner’s Representative, shall be incorporated into the Contract Schedule during the next update. Contractor will be required to submit a recovery plan for each update that indicated that the Work progress is more than ten (10) working days behind schedule. Should Contractor dispute the determination of the Owner’s Representative regarding the status on contract delay, such dispute shall not relieve hidher of the responsibility to comply with the requirements of this Section and other related Sections until the dispute is resolved per Contract terms. Add the following section: 6-1 .I .13 Two-Week Detailed Schedules Prepare detailed two-week schedule projections for work to be performed during the following weeks beyond the week it is presented at the weekly construction meeting or at the request of the Owner’s Representative during the construction period. Two-week schedule projections shall cover a fourteen (14) calendar day period beginning with the date the rolling schedule is submitted. The two-week schedule shall also include as as-built schedule of activities performed during the prior week. Use the Contract Schedule as the basis for generating the rolling schedule. Submit six (6) copies of the schedule within two (2) days after the request is received. Format shall be a time-scaled logic diagram with tabular information including: Activity Identification, Description, Remaining Duration, Early Start and Finish, and Actual Start and Finish. Provide information for each significant construction activity, with special care taken to describe scheduling and coordination with other contracts and Work by the Owner. Add the following section: 6-1.1.14 Adjustment of Times for Completion In addition to the provisions of the General Conditions, the time for completion of the Work will be adjusted in accordance with these procedures. Any request for an adjustment of the Contract Time for completion submitted by Contractor for changes or alleged delays shall be accompanied by a complete lime Impact Analysis, which shall be submitted for review with the request by Contractor. Time extensions will not be granted unless substantiated by the Contract Schedule, and then not until the CPM Project float time becomes zero for the impacted sequence of activities. Each Time Impact Analysis shall provide information justifying the request and stating the extent of the adjustment requested for each specific change or alleged delay. Each Time Impact Analysis shall be, in form and content, acceptable to Owner’s Representative, and shall include, but not be limited to, the following: 1. A fragmentary CPM type network (Fragnet) illustrating how Contractor proposes to incorporate the change or alleged delay into the current updated Project Schedule. 2. Identification of activities in the current updated Project Schedule which are proposed to be amended due to change or alleged delay, together with engineering estimates and other 0 @ Revised 10/08/2003 Contract No. 39721-1 Page 78 of 122 Pages appropriate data justifying the proposal. 0 The Time Impact Analysis shall be determined on the basis of the date(s) when the change(s) were issued, or the date(s) when the alleged delay(s) began. The status of the construction project and Time Impact Analysis shall include event time computations for all affected activities. Owner’s Representative may require that Time Impact Analysis be provided in order to demonstrate the time impact upon the overall Project and the time for completion, at no additional cost to the Owner. If Owner’s Representative finds after review of the Time Impact Analysis that Contractor is entitled to any extension of time for completion, the time for completion will be adjusted accordingly by Owner’s Representative, and Contractor shall then revise the Contract Schedule accordingly. The Contract Schedule will be used in the calculation of liquidated damages or Compensable delay for each day of delay after the contract completion date, as adjusted, until the Work is accepted. When Contractor is behind schedule by more than ten (IO) working days beyond adjusted contract completion date(s) after incorporating all approved time extensions, requested schedule revisions shall be limited to activities scheduled for the next sixty (60) calendar day period immediately following the update that indicated the delay (refer to Recovery Plan). When the Owner’s Representative initiates changes by proposed Change Order which have the potential to impact stipulated contract completion dates for each phase, a network window shall be prepared by Contractor to reflect the impact of said changes. After network window has been mutually agreed upon, and Contractor is authorized to proceed with proposed Change Order, it will be incorporated into Contract Schedule. Time extensions for contracts will be considered only to the extent that there is insufficient remaining float to absorb these changes. Add the following section: 6-1.9.15 Required Schedule Times , A. Schedule ten working days following accepted request for final inspection for the Owner’s Representative to prepare the list of items to be corrected. B. Submittals: 1) Schedule days for review of submittals. Complex submittals (i.e. structural steel) will be broken down into lots which will facilitate a timely review. Failure of the Contractor to break down submittals will be cause for rejection. 2) The CPM must include activities for submitting, approving, and delivering all items for which a submittal is required. 3) The Shop Drawings submission process shall be phased to ensure that shop drawings are submitted in order of their criticality to the construction process. A phased system which staggers the submittal (by ”start no earlier than” dates) in a number of waves shall be im- plemented. Add the following section: 6-1.1.16 Inclement Weather Inclement Weather Allowance. The Contract Schedule shall contain no allowanw for inclement weather, nor shall any time for impacts from inclement weather be allowed within the durations of 0 any activities. a Revised 10/08/2003 Contract No. 39721-1 Page 79 of 122 Pages a Add the following section: 6-1 .I .I7 Float Time Float time or slack time is defined as the amount of time between the earliest start date and the latest start date or between the earliest finish date and the latest finish date of activities on Contract Schedule and computerized version of Contract Schedule. Contractor acknowledges and agrees that actual delays affecting paths of activities containing float time will not have any effect upon contract completion items providing that the actual delay does not exceed the float time, per the latest updated version of Contract Schedule. While the Contractor may schedule completion of the Project earlier than the date established by the Contract Documents, no additional compensation shall become due to the Contractor for the use of float time between the Contractor’s projected early completion date and the completion date established by the Contract Documents. Add the following section: 6-1 .I .I 8 Default Failure of Contractor to substantially comply with the requirements of this Section shall constitute reason that Contractor is failing to prosecute the Work with such diligence as will ensure its completion within the Contract time and shall be considered defective work, and Owner reserves its rights under the General Conditions to remedy the Work product. Add the following section: 6-1.1.19 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. Acceptance of the final schedule update is required for completion of the Project and release of any and all funds retained. Add the following section: 6-1 .I .20 Daily Reports The Contractor shall provide, no less frequently than a weekly basis, Daily Reports which accurately describe site activities in a detailed and legible fashion. A report should be prepared and submitted for each day the Contractor, or any of its subcontractors is on site performing work. A Daily Report shall also be prepared and submitted for each day that work could not be performed due to the effects of inclement weather or for reasons other than a non-work period as described as in the Contract Documents. The reports shall include at a minimum the following information. 1. Weather conditions. 2. Equipment. 3. MateriaMEquipment Deliveries. 4. General Contractor: a. Number of personnel. b. By labor classification. c. Hours worked if other than 8 hours. 5. Subcontractors: a. Number of personnel. b. By labor classification. c. Hours worked if other than 8 hours. @ Revised 10/08/2003 Contract No. 39721-1 Page 80 of 122 Pages 6. Visitors: Owner, Owner Vendors, Consultants, etc. 7. Inspections: CPFA and Special Inspections. 8. Provide a general description of the daily activities. Indicate location and areas where the Work was performed. Include comments that will help to describe the day's events. 9. Contract Schedule Activities. List the Activity Description and Identification of activities performed during the day. 10. Schedule Impacts. List all impacts causing a delay to activities that would otherwise be scheduled to proceed. List the Activity Identification of the activities being impacted. If the Contractor fails to submit the Daily Reports in the format and the time frame specified, the Owner may withhold progress payments until such time the reports are made current and correct. 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, Geotechnical Report, and as specified in the Specifications. Add the following sections: 6-2.2 Carlsbad Municipal Golf Course Construction Phasing 6-2.2.1 Phase 1. Phase I consists of the pre-construction survey and the removal and recycling of lead materials in the area of the abandoned firing range as shown on the plans. Additional work includes the excavation and grading of golf hole numbers 2 through 7, all industrial pads fronting both sides of College Boulevard, bridge abutments, the entire maintenance facility area and building pad, clubhouse building pad, and parking lot areas. 0 6-2.2.2 Phase II. Phase II consists of grading of holes 1 , 9, 8, 18, the driving range, and remaining areas around and adjacent the clubhouse and parking lot areas. 6-2.2.3 Phase 111. Phase Ill consists of performing the remainder of the work, including grading and site utilities, not completed in the previous phases. Add the following section: 6-2.2.5 Weekend Work. Saturday work shall be allowed outside street right-of-way on Saturdays when approved by the Engineer. No Sunday work shall be allowed. Hours of work shall be between 7:OO a.m. and 4:OO p.m. 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 otherwise be obligated by. The Contractor Revised 10/08/2003 Contract No. 39721-1 Page 81 of 122 Pages add the following: For failure by the Contractor to complete the work under this contract on or before 02/28/06 as specified herein, Contractor shall pay the Agency, or have withheld monies due it, the sum of two hundred fifty thousand dollars ($250,000). Mass grading activities may not continue beyond 02/28/06 per Resource Agency permit conditions. Execution of the Contract shall constitute agreement by the Agency and Contractor that two hundred fifty thousand dollars ($250,000) is the minimum value of costs and actual damages caused by the Contractor to CPFA for failure 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. Contractor is directed to Section 6-7 above regarding time for grading completion and building pad certification for both the maintenancne facility and clubhouse. For each consecutive calendar day beyond 11/01/2005 that these 2 work items are not completed by the Contractor and accepted by the Engineer, the sum of $2500 per calendar day shall be assessed the Contractor as liquidated damages. 6-1 1 SITE OBSERVATION VISITS. Observations herein specified shall be made by the owner’s representative and contractor. The contractor shall request site observations 48 hours minimum in advance of the time observation is req ui red. Site observations shall be required for, but not limited to, the following parts of the work (completed portions of work shall be combined for single observation visit whenever possible): For review of paving and site furnishings samples. For review and tagging of trees. For review and approval of layout of concrete form work. Irrigation mainline pressure and sprinkler coverage tests. (Refer to Section 308-5.6 tests, cross- connection tests for detailed inspections). Incorporation of soil conditioner and fertilizer into the soil and upon completion of fine grading prior to planting. Upon delivery of plant materials to the project site. When trees and shrubs are spotted in place for planting, but before planting holes are excavated. Prior to hydroseeding operation, when all hydroseed materials are on site but have not been loaded into tank. e Revised 10/08/2003 Contract No. 39721-1 Page 83 of 122 Pages 9) When all specified work, except the maintenance period has been completed. Acceptance and written approval of completed work shall establish the beginning of the maintenance and plant establishment period. 10) At the completion of the maintenance and plant establishment period. This final site observation visit shall establish the beginning date for the plant material guarantee period. SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR 7-3 LIABILITY INSURANCE. Modi@ as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at !east A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California, Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the Contractor will obtain, at no cost to the Contractor all CPFA encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. Add the following section: 7-5.1 Resource Agency Permits. Resource agency permits for the Work are on file in the office of the CPFA, Recreation Administration, and are available for review if necessary. Resource agency permits pertaining to this project include: 1. California Coastal Commission No. A-6-CI 1-00-087 issued on 04/25/2005. 2. California Dept. of Fish and Game Permit No. 2835-2004-001-05 issued on 11/12/2004. 3. State Water Resources Control Board NO1 No. 9 378318017 issued on 5/09/2002. 4. United States Army Corps of Engineers Permit No. 972020600 issued on 01/05/2005. 5. United States Fish and Wildlife Service Permit No. and date (see item 6). 6. Carlsbad Habitat Management Plan Permit No. TE022606-0 issued on 12/06/2004. 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. Ens Revised 10/08/2003 Contract No. 39721-1 Page 84 of 122 Pages 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein 0 shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in hidher sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that the$ are associated with and no additional payment will be made therefore. 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 therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. Add the following: The Contractor shall comply with all requirements of the storm water pollution and monitoring plan prepared for this project in accordance with the California State Water Resources Control Board Order (SWRCB) Order Number 99-08- DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, and the “Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity.” The Contractor will exercise particular care in critical drainage swale areas to maintain positive drainage. Tolerance of all drainage swales and top of lake banks are to plus or minus 0.1 foot. 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 CPFA Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. Add the following section: 7-8.9 Protection of Environmentally Sensitive Areas. The Contractor shall take all necessary precautions to prevent any damage to environmentally sensitive areas, trees, foliage, plant material, and to CPFA’s property existing outside the area to be cleared. Contractor shall be solely responsible for any resulting damage, loss, penalty, fines, fees, mitigation or replacement requirements and costs, or all other consequences resulting from any damage to environmentally sensitive areas or resources. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-1 0.1.1 Construction Across College Boulevard. The Contractor shall notify the Police and Fire Departments one week prior to crossing College Boulevard with earthwork materials as specifed herein. Contractor shall protect structural integrity of existing asphalt concrete with College Boulevard during all earthmoving and other construction operations. This protection shall include placement of steel plates of sufficient thickness and number within College Boulevard to protect any and all areas within which construction operations may occur and construction vehicles may travel. An appropriate cold mix shall be placed at the edges of the steel plates to provide a smooth transition for the traveling public. The Contractor shall water down the steel plates at the end of each shift to keep clean. The downstream curb inlets shall be sandbagged to keep dirt out of the storm drain system. Contractor shall remove curb, gutter, and sidewalk along College Boulevard as necessary to allow vehicles to cross College Boulevard for operations, the Contractor shall be responsible for replacement of the curb, gutter, and sidewalk in earthmoving and grading operations. Contract No. 39721-1 Page 85 of 122 Pages Steel plates and appurtenant materials shall be removed upon completion of earthmoving activities. Any damage to the median islands, curb, sidewalk, and appurtenant items shall be marked by the Engineer and replaced in-kind at no additional compensation. Contractor shall repair any damaged pavement sections as directed by the Engineer, at no additional compensation. 7-1 0.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the 1) The Engineer.. ....................................................................... (760) 602-2720 2) Carlsbad Fire Department Dispatch ............................................... (760) 931-2197 3) Carlsbad Police Department Dispatch ............................................ (760) 931-21 97 4) Carlsbad Traffic Signals Maintenance ............................................ (760) 438-2980 X-2937 5) Carlsbad Traffic Signals Operations.. ........................................ (760) 602-2752 6) North County Transit District.. .................................................... (760) 967-2828 7) Waste Management ....................................................................... (760) 929-9400 following: f 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. Contractor shall execute the approval traffic control plans for nighttime crossings of College Boulevard. The Contractor shall prepare traffic control plans and receive written approvals prior to executing traffic control for all other activity as required by the CPFA. Add the following section: 7-1 0.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section 214- 5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 21 0-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 210-1.6for materials and section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division I , 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 a a Revised 10/08/2003 Contract No. 39721-1 Page 86 of ,122 Pages shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 7.6 m (25') intervals to a point not less than 7.6 m (25') past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. Add the following section: 7-1 0.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than (insert minimum acceptable lateral safety buffer distance, e.g. 1.8 m (Sl)), nor operate equipment within 0.6 m (2') from any traffic land occupied by traffic. For equipment the than (insert minimum acceptable shy distance, e.g. 0.6 m (2')) shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of (insert appropriate number of lanes) paved traffic lanes, not less than (insert appropriate minimum lane widths, e.g. 3.6m (12')) wide, shall be open for use by the public traffic in each direction of travel. Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS "Traffic Manual", 2003 edition and provisions under "Maintaining Traffic" elsewhere in these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. A traffic control system consists of closing 0 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: 7-1 0.3.5 Temporary Pavement Delineation. Temporaty pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in Chapter 6 of the "Traffic Manual", 2003 edition published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place Revised 10/08/2003 Contract No. 39721-1 Page 87 of 122 Pages prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. Add the following section: 7-1 0.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20-day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and Chapter 6 of the "Traffic Manual", 2003 Edition 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. Revised 10/08/2003 Contract No. 39721-1 Page 88 of 122 Pages 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 material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made 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 work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. SECTION 8 -- FACILITIES FOR AGENCY PERSONNEL NOTE: Per bid line item 2: “Field Office for CPFA” herein, Contractor shall _NOT provide a field office for CPFA personnel or “Owner’s Representative,” under this contract. 8-2 FIELD OFFICE FACILITIES. Add the following: Contractor shall furnish a new office for Owner’s Representative and an office for Contractor‘s use. The offices shall be structurally sound, weather tight, with floors raised above ground. The offices shall have temperature transmission resistance compatible with occupancy and storage requirements. At Contractor’s option, portable or mobile buildings may be used. The Contractor shall maintain the field offices throughout the entire duration of the contract unless the Engineer shall otherwise direct. Contractor shall be responsible for costs for construction water, power, sewer, phone, and associated utilities, and permits. No additional compensation shall be provided by the CPFA. NOT REQUIRED PER NOTE ABOVE. 8-2.1 New Office for Owner’s Representative. Add the following: The office shall have a separate space for sole use of designated occupants, with secure entrance doors and one key per occupant. It shall be a minimum of 600 square feet with a minimum dimension of 12 feet. Windows shall have a minimum total area of 10 percent of the floor area with operable sash and insect screens. The office shall be located to provide a view of construction areas. NOT REQUIRED PER NOTE ABOVE. Revised 10/08/2003 Contract No. 39721-1 Page 89 of 122 Pages Furnishings shall be new and include the following: a. Three (3) desks: 36“ x 72” with six (6) drawers and one (1) side return, one (1) per occupant. b. Two (2) plan tables: 39” x 72 x 36” high, with one (1) equipment drawer. Locate table oriented in relation to the Site at a window with a view of the Site. c. One (1) metal, doubledoor storage cabinet under table. d. Three (3) plan racks to hold a minimum of six (6) racks of Project Drawings. e. Five (5) standard 4-drawer legal-size metal filing cabinets with locks and keys. f. Three (3) bookcases, metal, 36” x 72”. g. Three (3) swivel tilt desk chairs. h. One (1) drafting table stool. i. One (1) waste basket per desk and table. j. One (1) tackboard, 36” x 30”. k. Fourteen (14) conference room side chairs. 1. Six (6) office side chairs. m. All compatible computer network cabling, including installation, for Owner-provided (via Construction Manager) computer systems and associated equipment and hardware. n. All telephone systems, cabling, hardware and installation. Security system for temporary office trailer including all required monthly service fees and costs. 0. Separate water and coffee service including supplies, equipment and monthly service fees and costs. p. All monthly service, maintenance, and utility fees and costs, including installation and removal costs, associated with the above equipment, hardware and systems. NOT REQUIRED PER NOTE ABOVE. . Services to be provided shall include the following: a. Lighting: 50 foot candles at desk top height. b. Exterior lighting at entrance door. c. Automatic lighting at entrance door. d. Automatic heating and mechanical cooling equipment to maintain comfort conditions. e. Minimum of four (4) 110 volt duplex electric convenience outlets, at least one on each wall, each room. f. Electric distribution panel: Two (2) circuits minimum 100 amps, 11 0 volt, 60 hertz service. g. Convenient access to drinking water and toilet facilities. h. Telephone: Two (2) direct line instruments; one (1) direct line fax machine. i. Copy machine. j. One (1) FAX machine, 2mb memory, plain paper, including FAX paper supplies. One (1) Xerox/documents reproduction machine capable of up to 1 1 ” x 17” copies, including all 8.5 x 12, 8.5” X 14”, and 11’’ x 17” paper, toner and related supplies. NOT REQUIRED PER NOTE ABOVE. 0 CONTRACTOR SHALL PROVIDE, AT ITS OWN EXPENSE, ALL FIELD OFFICES, SYSTEMS, EQUIPMENT, RESTROOM FACILITIES, SECURITY, ETC., FOR ITS OWN OPERATION. e Revised 10/08/2003 Contract No. 39721-1 Page 90 of 122 Pages NOTE: CONTRACTOR SHALL PROVIDE, and pay all monthly costs and expenses thereof, for all utility, dedicated and uninterrupted electrical including data lines, sewer, water, and telephone, hookups, services, and activations to CPFA provided field office. Contractor shall coordinate placement of CPFA provided field office with Contractor’s field office for best use, efficiency, and interaction. Hookups for all required utilities stated above to be provided by Contractor for CPFA provided field oftice shall be completed within ten (10) calendar days of receipt of written request from the Engineer to connect said utilities. Contractor shall provide at his own expense the following onsite facilities: Provide signs required for directional information to construction personnel and visitors. - Contractor‘s Office and Facilities: The Contractor’s office shall be of a size as required for general use and to provide space for project meetings. Furnishings and services to be provided include: a. Lighting and Temperature Control: As required to maintain comfort conditions. b. Telephone: One (1) direct line instrument. c. Furnishings in Meeting Area: , 0 0 0 0 Other furnishings: Contractor option. Conference table, minimum 12’ in length and chairs for at least 12 persons. Racks and files for Project record documents in, or adjacent to, the meeting area. One portable communication device for the Contractor’s Site superintendent to have at all times when on the job site. Sanitary facilities shall consist of the following: a. Separate onsite, lockable restroom facilities for both men and women. The restroom facilities shall be separate and apart from any facilities located within the General Contractor‘s temporary office trailer facilities. b. Provide toilet tissue, paper towels, paper cups and similar disposable materials for wash facility. 0 Provide covered waste containers for used material. c. Toilets: Install self-contained toilet units. Shield toilets to ensure privacy. Use of pit-type privies will not be permitted. One locked facility for exclusive use by Owner‘s Representative. d. Wash facilities: Install wash facilities supplied with potable water at convenient locations for personnel involved in handling materials that require wash-up for a healthy and sanitary condition. Dispose of drainage properly. Supply cleaning compounds appropriate for each condition. e. Drinking water facilities: Provide containerized tap-dispenser, bottled-water type drinking water unites, including paper supply. Temporary Exterior Lighting: Contractor shall install exterior yard and sign lights so that signs are visible when work is being performed. Install temporary lighting along temporary path south of project site. Provide minimum 2 f.c. illumination. Collection and Disposal of Waste: Contractor shall collect waste from Construction areas and elsewhere daily. Comply with requirements of NFPA 240 for removal of combustible waste material and debris. Enforce requirements strictly. Do not hold materials more than seven (7) days during normal weather or three (3) days when the temperature is expected to rise above 80 degrees F (27 degrees C). Handle hazardous, dangerous, or unsanitary waste materials separately from other waste by containerizing properly. Dispose of material in a lawful manner. Revised 10/08/2003 Contract No. 39721-1 Page 91 of 122 Pages a SECTION 9 -- MEASUREMENT and PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.015 Final Pay Quantities. When the estimated quantity for a specific portion of the work is designated on the plans or specifications as a final pay quantity, the estimated quantity shall be the final quantity for which payment for the specific portion of the work will be made, unless the dimensions of the portion of the work shown on the plans are revised by the Engineer, or unless the portion of the work is eliminated. If the dimensions of the specific portion of the work are revised, and the revisions result in an increase or decrease in the estimated quantity of the portion of the work, the final quantity for payment will be revised in the amount represented by the changes in the dimensions. If the specific portion of the work is eliminated, the final pay quantity designated for the specific portion of the work will be eliminated. The estimated quantity for each specific portion of the work designated on the plans or specifications as a final pay quantity shall be considered as approximate only and no guarantee is made that the quantities which can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantities. No allowance will be made in the vent that the quantities based on computations do not equal the estimated quantities. When portions of an item have been designated on the plans or specifications as final pay quantities, portions not so designated will be measured and paid for in accordance with the applicable provisions of these specifications and the special provisions. In case of a discrepancy between the quantities shown on the plans as final pay quantities and the quantity of the same item shown in the Engineer's Estimate, payment will be based on the final quantities shown on the plans or specifications. 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion" 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (IO) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the CPFAshall make payments within thirty (30) days after @ Revised 10/08/2003 Contract No. 39721-1 Page 92 of 122 Pages receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the CPFA 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. 0 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. Revised 10/08/2003 Contract No. 39721-1 Page 93 of 122 Pages Add the following section: 9-3.3.1 Delivered Materials. into the will not be induded in the progress estimate. The cost of materials and equipment delivered but not incorporated Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory work will be made at the stipulated lump-sum price bid therefor in the bid schedule and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization 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 performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and 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 and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of 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. a Revised 10/08/2003 Contract No. 39721-1 Page 94 of 122 Pages SUPPLEMENTAL PROVISIONS TO “GREEN BOOK” STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS Sieve Sizes 50-mm (2”) 37.5-mm (A‘/~.) 19-mm (Vqn) 12.5-mm (1/2n) 9.Smm (V8’) 4.75-mm (No. 4) 2.36-mm (No. 8) 75-pm (no. 200) SECTION 200 - ROCK MATERIALS Percentage Passing Type A Type B --- 100 --- 95-1 00 100 50-1 00 95-1 00 --- 70-1 00 15-55 0-55 0-25 0-10 0-5 0-3 0-3 200-1 ROCK PRODUCTS Sieve Sizes 25-mm (1 ”) 19-mm (V4.) 9.5-mm (3/g”) 2.36-mm (No. 8) 600-pm (No. 30) 300-pm (No. 50) 75-pm (no. 200) 4.75-mm (No. 4) 200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious substances. Class 1 and Class 2 permeable material shall have a Durability Index of not less than 40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable material shall conform to the requirements in this section and Table 200-1.2.2(A). Class 2 permeable material shall conform to the requirements in this section and Table 200-1.2.2(B). When permeable material is required and the class or kind is not specified, Class 1 permeable material shall be used. The alternative gradings within Class 1 permeable material are identified by types. Unless otherwise shown on the plans the Contractor will be permitted to furnish and place any one of the types provided for this class. The percentage composition by mass of permeable material in place shall conform to the gradings in Tables 200-1.2.2(A) and 200-1 .2.2(B). Percentage Passing 100 90-1 00 40-1 00 25-40 18-33 5-1 5 0-7 0-3 Revised 10/08/2003 Contract No. 39721-1 Page 95 of 122 Pages 200-1.7 Decorative Rock. Aquatic and decorative rocks shall be placed in and around the waterscape as indicated on the plans. Rock shall, insofar as practical, be that which is indigenous to the area. Samples of rock and cobbles shall be presented to the Owner's representative for his approval prior to installation 200-i.7.1 Delivery. Handling of rocks with loaders and dumping is permitted, but care shall be taken that rock is not damaged or scarred excessively as it is handled on the job site. 200-1.7.2 Quantity. The Contractor shall furnish the boulders to the job site, including rock used for the stream drops and cascades. Most rocks that are two feet in diameter and larger, are shown on the drawings, but, in addition, there will be large rocks required in waterfall and stream locations that cannot be shown in a practical way on the drawings. 0 200-1.7.3 Placement. Aquatic and decorative rock shall be placed in and around the waterscape and sized as indicated on the drawings. No rock shall be placed in direct contact with the liner. Rock shall not be dumped or dozed into place but set by the use of a crane or cherry picker, utilizing slings or tongs. Rock with scars, chips, or other blemishes shall be placed in such a manner as to minimize the exposure of the defect after the rock is in place. Rock being set within the waterscape and sized four (4) feet nominal and larger shall rest on a three (3) inch thick concrete pad, additional concrete shall be placed around the rock to fill the voids and bring the area to adjacent finish elevation. Decorative rock shall be placed in excavated depressions, in general to give the appearance that the rock is native to the location. Must rock shall be 50% buried. Cobble rock placement may be made with front loading type of equipment and adjusted by hand. Care shall be taken that the cobble is not dropped on the concrete veneer in such a manner as may crack or split the membrane liner below. Cobble rock shall be locked in place with concrete grout to minimize loose cobble. Any splattered or spilled grout on the exposed surface of the cobble should be removed immediately. 200-1.7.4 Acceptance. Final artistic result of the rock placement shall be the responsibility of the Contractor. Contractor shall perform this work to the satisfaction of the Owner's representative. 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2 Aggregate Base and as specified herein. 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 11R-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval. e Revised 10/08/2003 Contract No. 39721-1 Page 96 of 122 Pages AGGREGATE GRADING REQUIREMENTS Percentage Passing I W Maximum 34 Maximum Operating Operating Sieve Sizes Range Range 90- I 00 - r ................................ 100 1 112" ............................ 1" ................................ - 100 314" .............................. 50-85 90-100 No. 4 ........................... 2545 3560 No. 30 .......................... 10-25 10-30 No. 200 ....................... 2-9 2-9 - QUALITY REQUIREMENTS Operating Tests Range 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 day's work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for "Operating Range." 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 CPFA $2.25 per cubic yard for such aggregate base left in place. The CPFA 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" require- ments, only one adjustment shall apply. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the e No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. 200-2.8 Recycled Class II Base. Recycled Class II Base shall consist of broken and crushed asphalt concrete or Portland cement concrete and may contain crushed aggregate base or other rock. The material shall be free of any detrimental quantity of deleterious material as defined in subsection 200-1.1 of the SSPWC. Gradation and Quality requirements shall be as set forth in subsection 200-2.7 herein except that the Sand Equivalent shall be 35 minimum. 200-2.9 Slag Aggregate. Aggregate produced from slag resulting from any steel-making process of from air-cooled iron blast furnace slag shall not be used on this project. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201-1.1.2(A) a Revised 10/08/2003 Contract No. 39721-1 Page 97 of 122 Pages Type of Constructlon Concrete Class All Concrete Used Within the Right-of-way 330-C-23 (560-C-3250) (’) Trench Backfill Slurry 1 15-E-3 (1 90-E-400) Street Light Foundations and Survey Monuments 330-C-23 (560-C-3250) Traffic Signal Foundations 350-C-27 Maximum Slump mm (Inches) (2) 200 (8”) 100 (4”) 100 (4”) I (520-C-25OOP) I (1) Except that concrete required to be of higher strength by Table 201-1 .I .2(A) SSPWC shall be as per Table 201-1.1.2(A) SSPWC. (2) As per Table 201-1 .I .2(A) SSPWC. (3) Portions of Table 201-1 .I .2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. - Concreted-Rock Erosion Protection SECTION 206 - MISCELLANEOUS METAL ITEMS .. (590-C-3750) 31 0-C-I 7 Der Table 300-1 1.3.1 206-7 TRAFFIC SIGNS. 206-7.1 Permanent Traffic Signs Permanent traffic signs shall consist of IO-gage and 12-gage cold-rolled steel perforated tubing. This includes all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic upon the completion of the Work unless otherwise shown on the plans. 206-7.1.1 General. Materials, legend, proportion, size, and fabrication of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993”, Sheets 1 through 5 that accompany “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993” of dimensions and details, dated April 1987, and “OPAQUE COLOR CHART, dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where the “SPECIFICATION FOR REFLECTIVE SHEETING SIGNS, October 1993” require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said SPECIFICATIONS, to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation andlor its employees or officials, such rights shall be vested in the Engineer. 206-7.1.2 Sign Identification. Modify the “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993” as follows: Sign identification shall be as per “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, Octoker 1993”, except that the notation shall be “PROPERTY OF THECPFA”. Revised 10/08/2003 Contract No. 39721-1 Page 98 of 122 Pages 206-7.1.3 Drawings. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Standard signs shall be as per the most recently approved "Approved Sign Specification Sheets" of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign@) or the date of the "Notice to Proceed" of this contract, whichever is most recent. 206-7.1.4 Reflective Sheeting. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with Type I II encapsulated lens sheeting conforming to the requirements of this specification. 206-7.1.5 Substrate. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: All permanent traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall use aluminum substrate. 206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on IO-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 IO-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 1 O-gage or 12-gage cold-rolled steel perforated tubing when multiple posts are used. 206-7.1.6 Traffic Sign Posts. perforated tubing posts as shown on San Diego Regional Standard drawing M-45. Posts shall be constructed of IO-gage or 12-gage cold-rolled steel 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. Materials, legend, proportion, sire, and fabrication of all temporary traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of "Specifications For Reflective Sheeting Signs, October 1993", Sheets 1 through 5 that accompany "Specifications For Reflective Sheeting Signs, October 1993" of dimensions and details, dated April 1987, and "OPAQUE COLOR CHART", dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where The "Specification For Reflective Sheeting Signs, October 1993" require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said "Specifications For Reflective Sheeting Signs, October 1993", to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. 206-7.2.2 Drawings. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Standard temporary traffic signs shall be as per the most recently approved "Approved Sign Specification Sheets" of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign@) or the date of the "Notice to Proceed" of this contract, whichever is most recent. Revised 10/08/2003 Contract No. 39721-1 Page 99 of 122 Pages 206-7.2.3 Reflective Sheeting. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with ' Type 111 encapsulated lens sheeting conforming to the requirements of this specification. 0 206-7.2.4 Substrate. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Excepting only construction warning signs used at a single location during daylight hours for not more than five (5) consecutive days, all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall be stationary mounted and shall use aluminum substrate. 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on 10-gage and 12-gage cold-rolled steel perforated tubing posts in the same manner shown on the State of California, Department of Transportation "Standard Plans" 1995 edition standard plans numbers 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 otherwise shown on the plans traffic sign posts shall conform in materials and installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m2 (5 *)of sign area, or the signs may be installed on existing lighting standards when ap- proved by the Engineer. e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements specified for aluminum signs in the "Specifications For Reflective Sheeting Signs, October 1993". 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 sign panels for stationary mounted signs in the "Specifications For Reflective Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and leg- end requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these Supplemental Provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12). All parts of the sign standard or framework shall be finished with 2 applications of orange enamel which will match the color of the sign panel background. Testing of paint will not be required. 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS. 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 @ Revised lON)8/2003 Contract No. 39721-1 Page 100 of 122 Pages operations have been completed. Cold-rolled steel perforated tubing shall be perforated on all four faces with 1 Imm (7/16") holes on 25 mm (1") centers. 206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, -0.1 3 mm (+0.01 l", -0.005"). Convexity and concavity measured in the center of the flat side shall not exceed a tolerance of +0.25 mm (+O.OlO") 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 (9164") radius gage to be placed in the corner. Using IO-gage or 12-gage square tube, consecutive size tubes shall telescope freely for 3.lm (IO'). Tolerance on hole size is plus or minus 0.40 mm (1/64") on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (1/8" in 20'). In addition, for the following specific sizes of light gage steel tubing, dimensional tolerances shall not exceed those listed in tables 206-8.2 (A) and 206-8.2(6). mm (inches) 25 x 25 (1 XI) 32 x 32 38 x 38 44 x44 51 x51 (2 x 2) 56 x 56 57 x 57 64 x 64 51 x76 (2 x 3) (1 '/4 x 1 l/4) (1 72 x 1 l/2) (1 3/4 x 1 3/4) (z3il6 x z3Il6) (21/4 x 21/4) (2l/2 x 2V2) TABLE 206-8.2(A) LIGHT GAGE STEEL TUBING SIZE TOLERANCE Nominal Outside Dimensions I Outside Tolerance for All Sides at Corners mm (inches) 0.13 0.005 0.15 0.006 0.15 0.006 0.20 0.008 0.20 0.008 0.25 0.01 0 0.25 0.010 0.25 0.010 0.25 0.01 0 Nominal Outside Dimension Squareness") mm (Inches) mm (Inches) 25 x 25 (1 x 1) 0.15 0.006 32 x 32 x 0.18 0.007 38 x 38 (Q/2 x 14) 0.20 0.009 44 x44 (1 -"4 x 1 -"4) 0.25 0.01 0 51 x51 (2 x 2) 0.30 0.01 2 56 x 56 x 2-3/16) 0.36 0.014 57 x 57 (2-1/4 x 2-'/4) 0.36 1.014 64 x 64 (24 x 242) 0.38 0.01 5 51 x76 (2 x 3) 0.46 0.018 Twist Permissible in 900 mm (3") mrnt2) ( Inches)t2) 1.3 0.050 1.3 0.050 I .3 0.050 1.6 0.062 1.6 0.062 I .6 0.062 1.6 0.062 1.9 0.075 1.9 0.075 206-8.3 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 Revised 10/08/2OO3 Contract No. 39721-1 Page 101 of 122 Pages head, and a grip range of from 5 mm (0.200") to 0.90 mm (0.356"). The fasteners shall conform to ASTM 8-633, Type 111 e 206-9 PORTABLE CHANGEABLE MESSAGE SIGN 206-9.1 General. Each portable changeable message sign (PCMS) unit shall consist of a controller unit, a power supply, and a structural support system all mounted on a trailer. The PCMS unit shall be assembled to form a complete self-contained portable changeable message sign, which can be delivered to the site of the work and placed in immediate operation. The complete PCMS unit shall be capable of operating in an ambient air temperature range of -2OOC (-4OF) to +7OoC (1 58OF) 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 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 hoM 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. 206-9.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained at locations shown on the plans, specified herein, or designated by the Engineer. The PCMS will be diligently maintained and repaired by the Contractor throughout the project in accordance with the manufacturer's recommendations. When ownership is transferred to the CPFA (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. Revised 10/08/2003 Contract No. 39721-1 Page 102 of 122 Pages 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 CPFA at the completion of the construction, in good working order, and as directed by the Engineer, and no other compensation will be made. 206-12 MECHANICAL APPURTENANCES b 206-12.1 Air Relief Valve The Air Relief Valve shall be of PVC construction and shall be per Waterman AVP series or approved equal to size shown on plans. 206-12.2 Repair Couplings All repair couplings shall be Gheen 7033 or approved equal unless otherwise noted on the plans and fitted for pipes as shown on the plans. 206-12.3 Butterfly Valves The Butterfly Valves(s) shall be for hand operation per Keystone Fig. 99, unless otherwise noted, or approved equal. They shall be wafer type for flange mounting, the pressure rating shall be 125 Ib. Valve bodies shall be high strength cast iron with carbon steel shafts. 206-12.4 Check Valve@) The Check Valve@) shall be wafer type, spring loaded, butterfly type with dual springs and shall consist of a rubber lined insert in a cast iron body per Centerline, Inc. of Tulsa, Oklahoma or approved equal. When chlorine is applied, the Check Valve is to be epoxy coated. 206-12.5 Aeration Units The six (6) wall mounted aeration units shall be per E.P. Aeration Model #EP-LK 2001 with two (2) 1/3 HP Thomas Ultra Quiet Oiless Piston Air Compressors in each cabinet, or approved equal, and shall be installed as shown in the plans. 206-12.6 Aeration Disks The 36 Aeration Disk Modules shall be per Marina Bio-Chem Air Diffusion Systems Model #MBSCD- 1, or approved equal, and shall be connected to %” weighted feeder tubing with Jaco Elbow Union, or approved equal, Aeration Disks and tubing shall be installed per plan. 0 206-12.7 Aeration Valve Box The six (6) aeration valve boxes shall be constructed as shown in the plans. The irrigation valve boxes shall be per Brooks Products, or approved equal. All valve boxes shall have an influent Sch. 40 PVC pipeline from the pump station and six (6) effluent 1/21 weighted feeder tubing to the aeration disks. 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 36 1-95 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 “0” rings conforming to ASTM C-443 and C-361 for the limits shown on the plans. Revised 10108l2003 Contract No. 39721 -1 Page 103 of 122 Pages 207-2.5.1 Pipe Class If the pipe class is not specifed in the plans, Contractor shall provide minimum class 150. Property Thickness Tensile strength Elongation Printability Flexibility Inks Message repeat Foil Top layer Bottom layer Adhesives Bond strength Colors 207-25 UNDERGROUND UTILITY MARKING TAPE. Method Value ASTM D2103 ASTM D882 ASTM D882-88 ASTM D2578 >50 dyneslsquare centimeter ASTM D671-81 Pliable hand Manufacturing specifications Heat-set Mylex Manufacturing specifications Every 500 mm(20") Manufacturing specifications Dead soft/annealed Manufacturing specifications Virgin PET Manufacturing specifications Virgin LDPE Manufacturing specifications Boiling H20 at 100 degrees Celsius APWA Code 01 14 mm (0.0056") 4500gkm (25 Ibslinch) (5,500 PSI) 40 percent at break >30 percent, solid 1.WR Five hours without peel See Table 207-25.1 (B) 207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Marking Tape shall have a minimum 0.13 mm (0.005") overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall conform to the properties listed in Tables 207-25(A) and 207-25 (B). Color Red Yellow Orange Blue Green Brown Purple Utility Marked Electric power, distribution, transmission, and municipal electric systems. Gas and oil distribution and transmission, dangerous materials, product and steam. Telephone and telegraph systems, police and fire communications, and cable television. Water systems. Sanitary and storm sewer systems, nonpotable. Force mains. Reclaimed water lines. 207-25.2 Materials Approvals. requirements of each of the following agency/association publications. Detectable Underground Utility Marking Tape shall meet the @ Revised 10/08/2003 Contract No. 39721-1 Page 104 of 122 Pages 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 1 109. D. General Services Administration, Washington, DC, Public Buildings Service 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. 207-26 Polyvinyl Chlorlde (PVC) Pressure Pipe. Water and reclaimed water pipe and appurtenances shall conform to the requirements of the Carlsbad Municipal Water District's Rules and Regulations for Construction of Reclaimed Water Mains, and Rules and Regulations for Construction of Public Potable Water Mains. PVC pipe shall be DR21 Class 200 plain end and meet the requirements of AWA C900 and C905. Reclaimed water pipe shall be integral purple color material, Pantone #522. Pipe outer diameters shall be capable of being connected directly into PVC joint adapters without complicated procedures. Fittings shall be ductile iron. No PVC fittings shall be allowed. For buried piping, trenching configuration pipe zone material, backfill, and compaction shall be performed in accordance with the manufacturer's instructions, and in compliance with the Contract Documents. Piping identification shall be in compliance with the Contract Documents. Field testing of piping system for leakage shall be in compliance with Special Provisions Section 306-1.4.5. All pipe shall carry a safety factor of 2.5. Calculations and data from the pipe manufacturer showing the pipe conforms to the design requirements of AWWA C905 shall be submitted to the Engineer for approval prior to ordering pipe. Thrust blocks and end caps shall comply with CMWD standard drawings W15 and W19. 207-26.1 Recycled Water Piping in Vaults. All recycled water lines, services, risers and appurtenances located in vaults below grade shall be identified by adhesive vinyl tape. Tape width shall be 3 inches. The tape shall be resistant to alkalis, acids, sunlight and moisture. 207-26.2 Exposed Potable and Recycled Water Piping. All potable and recycled water lines, services, risers and appurtenances located above grade shall be identified by either a paint band system or adhesive vinyl tape. Paint bands shall be 1-inch wide fusion bonded epoxy coating. Paint bands for the recycled water piping shall be purple in color. Paint bands for the potable water piping shall be blue in color. The paint bands shall be located a minimum of 10 feet apart. The paint shall be resistant to alkalis, acids, chipping, fading and moisture. The coating thickness shall be as recommended by coating manufacturer. Adhesive vinyl tape shall be as specified for tape in vaults. 207-26.3 Reclaimed Water Valve Box Covers. Reclaimed water valve box covers shall be cast with the wording "RECYCLED WATER centered on the top. The covers shall be integral purple color material, Pantone #522. The coating thickness shall be as recommended by coating manufacturer. 207-26.4 Reclaimed Water Appurtenances. All blowoffs, air release valves, manhole covers, vault covers and meter box covers shall be painted purple. Manhole covers, vault covers and meter box covers shall be cast with the words "RECYCLED WATER centered on them. 207-26.5 Warning Sign and Labels. Where recycled water is used or conveyed, each entrance to any area, building, or facility shall have a sign posted. The exact locations of all signs shall be @ Revised 10/08/2003 Contract No. 39721-1 Page 105 of 122 Pages determined by the on-site inspector. Additional signs identifying the color scheme for the recycled, potable, and industrial water shall be located at each entrance that the water is located. The signs will be provided by the CPFA and shall be installed by the Contractor. Mounting posts, where required, shall be furnished and installed by the Contractor. The mounting posts shall be U-channel steel posts with baked green enamel finish, Brady USA, Inc., or equal. and 3 m (1 0') Post Spacing Fencing Erosion Control Fence with 1.8 m (6') Post Spacing and No Wire All recycled water valves shall be tagged with identification tags. Tags shall be weatherproof plastic, 3-inch by 4-inch, purple in color, with the words 'WARNING RECLAIMED WATER - DO NOT DRINK" imprinted on one side and "AVISCO - AGUA IMPURA - NO TOMAR" on the other side. Imprinting shall be permanent and black in color. Tags shall be as manufactured by T. Christy, or equal. One tag shall be attached to each valve by one of the following methods: 1. Attachment to the valve stem directly or with plastic tie wrap. 2. Attach to the solenoid wire directly or with plastic tie wrap. 3. Attachment to the valve cover with existing valve cover bolt. 200w s 207-27Gate Valves. Replace with the following: All gate valves 3 inches and larger shall be resilient-seated gate valves conforming to ANSVAWWA (2509. Resilient-seated gate valves shall have cast iron bodies with flanged ends, rubber-coated cast iron disc, flanged bonnet, bronze stern, O-ring stems, and operators with handwheel or hexagonal nut on reclaimed water systems and square nut on potable water systems, except as otherwise indicated. Resilient-seated gate valves shall be A-C Valves, Inc., Clow Corporation, Kennedy Valve Mfg. Co., Muller Company, or equal. SECTION 213 - ENGINEERING FABRICS 213-2 GEOTEXTILES. 213-2.1 General. Geotextile types shall be used for the applications listed in Table 213-2.1(A) Table 21 3-2.1 (A) GEOTEXTI LE APPLICATIONS Revised 10/08/2003 Contract No. 39721-1 Page 106 of 122 Pages 213-3 EROSION CONTROL SPECIALTIES. 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 (3/4y) crushed rock and securely tied closed. Plastic bags are not acceptable. Revised 10/08/2003 Contract No. 39721-1 Page 107 of 122 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: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. All areas cleared of any vegetative growth shall be thoroughly root-raked. The intent is to bring all stumps, large roots, and other objectionable materials to the surface which might, in the opinion of the ENGINEER, hinder the proper development of fairway turf or cause settling and drainage pockets. Stumps and debris may be left in areas designated by the ENGINEER where a sufficient cover of fill is to be placed by others. Sufficient working of the cleared areas shall be accomplished to ensure the loosening and surfacing of all sizable stumps, roots, and other debris. Depth of raking shall be a minimum of 4 inches. 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 existing street poles and lights, metal guard rail, fences, 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 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 otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. 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 Revised 10/0812003 Contract No. 39721-1 Page 108 of 122 Pages 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. All areas of the golf course with 3 foot or more of excavation shall be ripped a minimum of 12 inches and bladed back to smooth contours. 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 or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. e 300-2.1.1 Rock Removal. All rock in excess of 4 inches in diameter shall be removed and imposed of by Contractor under this Section, in any manner approved by the Engineer, or rock may be buried on the job in designated areas and with procedures approved by the Engineer. When rocks are buried, they shall be buried in pits conveniently located in areas adjacent to the golf course work area or approved areas by the Engineer. Sufficient topsoil must be removed and stockpiled to cover the burial pit with a minimum of 24 inches of topsoil material similar to the surrounding surfaces. Buried material musts be mixed with loose soil and track-rolled sufficiently to eliminate voids. 300-2.1.2 Fill Material and Stockpiles. Fill material shall be placed at locations of greens, tees, and faitway bunkers, and at any other areas as designated on the plans. When placing fill material in any given area, Contractor will be required to shape the stockpiles or fill area to provide for run- off, to confine fills in general configuration to the feature to be shaped, to wheel-roll fills for adequate compaction, and to leave work areas with a clean and tidy appearance satisfactory to the Engineer. All such fill material shall be suitable for subsequent shaping operations. To be suitable for shaping and seedbed, fill material shall not contain sticks or stones or other debris in excess of 4 inches. Final determination as to the quality of fill material will be made by the Engineer. 0 300-2.1.3 Topsoil. The quality of the material supplied as fill will indicate whether topsoil is required, as determined by the Engineer from the surfaces of the work area or off-site locations for covering slopes and other areas which require topsoil to create a satisfactory seedbed. Contractor is to strip the top 6 inches (minimum) of any potential topsoil and stockpile or place it in designated areas by the Engineer. This material will be used to plate to a minimum depth of 6 inches all hybrid Bermuda grass areas as noted on the "Turfing Plans" (putting surfaces are excluded). When topsoil is to be placed in designated areas, the subgrade shall, prior to placement, be loosened by discing or by scarifying to a depth of at least 2 inches to permiot bonding to the subgrade. Topsoil shall not be added when he subgrade is extremely dry or excessively wet. It is the intent to utilize on-site topsoil in all cases. Should off-site topsoil be necessary for any reason where on-site topsoil cannot be used, the total expense for cost and delivery of off-site topsoil shall be that of the OWNER, and an extra to the work. No off-site topsoil shall be used in any operation unless approved in writing by the Engineer. To facilitate the spreading of topsoil on features, material is to be placed upon surfaces in a layer not to exceed 6 inches in depth, placing such material as high up on slopes as practicable and as conveniently as possible to facilitate succeeding operations. 300-2.1.4. Lake Excavation. Lakes, are to be excavated and shaped according to plans and field instructions of the Engineer. All topsoil found within the area of excavation shall e stripped for use on other areas of the golf course where shortages exist, or stockpiled for use as otherwise @ Revised 10/0812003 Contract No. 39721-1 Page 109 of 122 ?ages designated by the Engineer. Sufficient quantities of topsoil shall be stockpiled in the vicinity of excavation to allow for the lake sealing operations at a later date and all locations and quantities shall be approved by the Engineer. 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 3004.9, 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 otherwise unsuitable by the Engineer in which case it may be paid for in accordance with 0 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 otherwise 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- e Revised 10/08/2003 Contract No. 39721-1 Page 110 of 122 Pages excavated will be measured for payment. No allowance for shrinkage or swell will be considered. Materials excavated or otherwise removed as all or part of any other bid item shall not be measured as Unclassified Excavation. 300-2.9 Payment. substitute the following: Payment for all unclassified excavation will be made at the Contract Lump Sum price bid for unclassified excavation and shall include cornpensation for excavation, sloping, rounding tops and ends of ’excavation, matching existing graded slopes, loading, exporting and disposing of surplus material and unsuitable material shown on the plans or specified herein to be removed, stockpiling, hauling to designated sites, placing and compacting, mixing, grading of mitigation site, salvaging clean and suitable material and filling areas to the required grades and cross sections. Unclassified fill, slope rounding, all work incidental to Section 300-4.8 and construction of transitions will be paid for as a part of unclassified excavation, and no additional payment will be made therefore. When required by the plans or specifications or where directed by the Engineer, the excavation and stockpiling of selected material will be paid for at the Contract Lump Sum price for unclassified excavation. Removing such selected material from the stockpile and placing it in its final position will also be paid for at the Contract Lump Sump Price for unclassified excavation and no additional compensation will be allowed therefore. 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. 300-3 STRUCTURE EXCAVATION AND BACKFILL 300-3.1 General. add the following: The Contractor shall excavate to the lines and levels required and/or shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, pumping, and planking required. The Contractor shall excavate and maintain the bottom of all trenches in a condition that is level, firm, clean and free from all debris or foreign matter. Excavations shall be kept free from water at all times. The Contractor shall remove any unsuitable material encountered below grade as directed by the Engineer 300-3.6 Payment. Add the following: Dewatering shall be paid for as an incidental to unclassified excavation and no additional compensation will be made therefore. Except for unsuitable materials removed as part of the clearing and grubbing item unsuitable material encountered below grade will be paid for at the lump sum price bid for unclassifed excavation. 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 D1557-91. 300-4.4 Benching. add the following: Benching shall conform to details shown on the plans. a 300-4.5 Placing Materials for Fills. add the following: The Contractor shall perform grading such that the upper 900 mm (3’) of fill placed in the roadway pavement area is composed of properly compacted low expansive soils. The more highly expansive soils shall be placed in the deeper fill Revised 10/08/2003 Contract No. 39721-1 Page 11 1 of 122 Pages 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 CPFA, 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%, +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 till 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 excavation, and no additional payment will be made therefore. 300-9 GEOTEXTILES FOR EROSION CONTROL. 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Modify as follows: 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. @ Revised 10/08/2003 Contract No. 39721-1 Page 112 of 122 Pages 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", January 2003 edition as published by the California Stormwater Quality Association. The Contractor shall maintain a copy of the "Stormwater Best Management Practices Handbook, Construction", January 2003 edition 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, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the contract price bid for unclassified excavation, and no additional compensation will be allowed therefore. 300-1 1 STONEWORK FOR EROSION CONTROL. 300-1 1.4 Measurement and Payment. Delete and replace as follows: Rock protection will be paid for at the lump sum contract Price Bid for rock protection, complete and in place, in accordance with the details and requirements of the plans and specifications. a Revised 10/08/2003 Contract No. 39721-1 Page 113of 122Pages SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading “1 50mm (6 inches)” to “300 mm (1 2”)”. 301 -1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12”) of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. In areas of general golf course fill areas, where no structures will be constructed, the Contractor shall compact to a minimum relative compaction of 85 percent as determined by ASTM Test D-1557-91. These structural improvements include the commercial area, the clubhouse, bridges, slopes steeper than 3 to 1 (horizontal to vertical) and other areas of sensitive improvements, such as storm drains, are proposed. 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. a SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-2 AIR-PLACED CONCRETE. 303-2.1 .I 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: 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 .I ,7.1 Requirements for Use. Alternate construction methods that avoid the use of steel plate bridging shall be used by the Contractor unless otherwise approved by the Engineer. It is recognized that to accommodate excavation work, steel plate bridging may be necessary. All conditions for use of steel plate bridging set forth in the following requirements must be fulfilled as conditions of approval of the use of steel plate bridging. Consideration of steel plate bridging in the review process will take into account the following factors: a @ Revised 10108/2003 Contract No. 39721-1 Page 11 4 of 122 Pages 1. Traffic volume and composition. 2. Duration of use of the steel plate bridging. 3. Size of the proposed excavation. 4. Weather conditions. The following formula shall be used to score the permitted use of steel plate bridging: PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED fkmh) + SLOPE X 1001 X LANES 1000 8 PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED lrnDh) + SLOPE X 1001 X LANES lo00 5 where: PS ADT EWL DAYS - WEEKEND = NIGHTS = - - - - - - - WEATHER = SPEED - - - SLOPE - - LANES - plate score. average daily traffic as defined in the CALTRANS Traffic Manual. equivalent wheel loads as defined in the CALTRANS Traffic Manual. 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 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. 0 shall not be reduced for construction zone speed reductions. When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless, and at the sole discretion of the Engineer, the Engineer determines that no alternative method of construction is possible in lieu of using steel plate bridging or that other overriding considerations make the use of steel plate bridging acceptable. Alternatives considered to bridging shall include, but not be limited to, detouring traffic, construction detour routes, tunneling, boring and other methods of trenchless construction. Unless specifically noted in the provisions of the Engineer's approval, the use of steel plate bridging at each location so approved shall not exceed four (4) consecutive working days in any given week. Add the following section: 306-1.1.7.2 Additional Requirements. In all cases when the depth of the trench exceeds the width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety regulations require or the Engineer determines that shoring is necessary to protect the health or safety of workers or the public the Contractor shall install shoring conforming to Section 7-10.4.1 of the Standard Specifications. The trench shoring shall be designed and installed to support the steel plate bridging and traffic loads. All approvals for design, substitution of materials or methods shall &e 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- I .5. Revised 10tO8l2003 Contract No. 39721-1 Page 115 of 122 Pages Add the following section: 306-1 .I .7.3 Installation. When backfilling operations of an excavation in the traveled way, whether transverse or longitudinal cannot be properly completed within a work day, steel plate bridging with a non-skid surface and shoring may be required to preserve unobstructed traffic flow. In such cases, the following conditions shall apply: a) Steel plate bridging when the plate score exceeds 50 is not allowed except when, at the b) Steel plates used for bridging must extend a minimum of 610 mm (2') beyond the edges of c) Steel plate bridging shall be installed to operate with minimum noise. sole discretion of the Engineer, it is approved as specified hereinbefore. the trench. Maximum Trench Width ('I 0.3 m (10") 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. Minimum Plate Thickness 13 mm (1/2") 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(6) and 203-5.3(A) . 0.6 m (23") 0.8 m (31") 1.0 m (41") Method 2 [For speeds 70 Km/hr (45 MPH) or less]: Approach plate@) 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 W) steel bolts placed through the plate and driven into holes drilled 300 mm (12") into the pavement section, or other devices approved by the Engineer. Subsequent plates shall be butted to each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum slope 8.5% with a minimum 300 mm (12") taper to cover all edges of the steel plates. When steel plates are removed, the dowel holes in the pavement section shall be completely filled with elastomeric sealant material. At the Contractor's option, the methods required for Method 1 may be used. If the Contractor so elects, all requirements of Method 1 shall be used. The Contractor shall maintain the steel plates, shoring, and asphalt concrete ramps and maintain and restore the street surface during and after their use. 19 mm (3/4n) 22 mm (7/8n) 25 mm (1") 1.6 m (63") I 32 mm (1 %") (1) For spans greater than 1.6 m (57, a structural design shall be prepared by a registered civil engineer and submitted to the Engineer for review and approval in accordance with section 2-5.3. Revised 10/08/2003 Contract No. 39721-1 Page 1 16 of 122 Pages a 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 (”33) sign with black lettering on an orange background in advance of steel plate bridging. Add the following section: 306-1.1.7.5 Measurement and Payment. Steel plate bridge materials including, but not limited to: steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and padding, signage, placing, installation, removal, relocation, preparation and processing of shop drawings and submittals to support the use of steel plate bridging and all other materials, labor, supervision, overhead of any type or description will be paid for as an incidental to the work that the bridging is installed to facilitate. No separate payment for steel plate bridging will be made. No extension to contract time will be allowed for, or because of, the use of steel plate bridging. 306-1.2.1 Bedding. All installation of, and bedding for recycled water, or potable water mains shall conform to Carlsbad Municipal Water District Rules and Regulations for the Construction of (Potable or Reclaimed) Water Mains, latest edition. 306.1.2.2 Pipe Laying. Add the following: The Contractor shall place electrical conduit per SDG&E plans, Construction Order No. -, Project No. . San Diego Gas and Electric shall perform undergrounding work on Palomar Airport Road. 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 x 75 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. 306-1.4.1 Testing Pipelines All gravity and recirculation pipelines shall be subjected to a field hydrostatic pressure of 50 PSI for a period of two hours per standard public works engineering design guidelines. One hundred percent of the pipeline lengths shall be tested. All concrete anchor blocks shall be per Los Angeles County Public Works Engineering Design Guidelines and shall be allowed to cure a sufficient time to develop adequate thrust resistance. The pipeline shall not be tested until it has been filled with water for a minimum or 24 hours. Before testing, the pipe shall be backfilled with 2 Z feet of material or center loaded to hold the pipe in place while testing. The water necessary to maintain this pressure shall be measured through a meter. Any noticeable leaks shall be repaired and any defective pipe shall be replaced with new sections prior to commencing a retest. Test sections shall be physically isolated from previously tested pipelines, existing pipelines or main lines prior to connecting the new line. Tests shall be conducted with the open ends of pipe, valves and fittings Revised 10/08/2003 Contract No. 39721-1 Page 1 17 of 122 Pages suitably closed with plugs or caps as necessary. Valves shall not be operated during the testing procedures. All testing shall be inspected by the Construction Manager. 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 S.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 underground- ing 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 (%") nylon pull ropes in all conduit. 306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following: Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. 0 SECTION 308 LANDSCAPE INSTALLATION Add the following section: CONSTRUCTION 308-1.1 TEES, GREENS, SAND TRAPS, GRASS BUNKERS AND LANDSCAPING 308.1.2.1 0 HYDROSEEDING A. All areas to be hydoseeded shall have been prepared as though fairway areas on the golf course. Fertilizers , as prescribed by the consulting agronomist, shall be incorporated into the slurry prescribed rate. Dolomite lime shall be spread as determined by soil tests upon all areas to be hydroseeded. Hydroseeding shall be conducted under favorable weather conditions during the season normal for such work to be performed. B. Hydraulic mulch shall be Flexterra, a Flexible Growth Medium (FGM), as manufactured by PROFILE Products. The FGM shall require no cure time and be comprised of wood fiber, cross linking hydrocolloid tackifier, co-polymer gel and crimped interlocking fibers. The FGM shall be manufactured using thermal-maechanical defibration to create wood fibers that, when combined with tackifier and synthetic fbers, shall have a minimum water holding Revised 10/08/2003 Contract No. 39721-1 Page 118 of 122 Pages capaCPFA of 1500%. The FGM shall be combined with water, seed and fertilizer, and mixed using jet agitated or mechanically agitated equipment at a rate of 50 lbs. of fiber per 125 gallons of water. Apply FGM at the appropriate rate based upon slope and soil conditions at a minimum of 3000 Ibs. per acre. Spray FGM using a fan-type nozzle (when possible, use a 50-degree tip), applying from two opposing directions to ensure proper soil surface coverage. FGM shall be used wherever quick, dense vegetation is required and on slopes where the threat of soil loss or water contamination or excessive runoff dictates an effective treatment. FGM shall be non-toxic, bio and photo degradable and completely safe for the environment. C. The wood fibers of mulch must maintain uniform suspension in water under agitation and shall blend with grass seed, fertilizer and other additives to form a homogenous sluny. Upon application, the mulch material shall form a blotter like mat covering the ground. This mat shall have the characteristics of water absorption and percolation and shall cover and bond grass seed in contact with the soil. D. The FGM shall be green in color to aid in visual metering during application. The dye shall be biodegradable and not inhibit plant growth. E. The FGM shall conform to the following application rates and specifications: Nozzle: Use a fan type nozzle (50 degree tip)whenever possible for better soil surface cove rage. Typical application rate: Flat Areas--20001bs /acre 3:l Slopes or less--3000 Ibs/acre 2:l Slopes or less--3500 Ibdacre 1:l Slopes or less--4000 Ibs/acre Physical Properties: Moisture Content--1 2% 2 3 Wood Fiber--85% MAX Locking Fibers-5% 2 1 Crosslinked Tackifier--10% 2 1 Water Holding CapaCPFA--1500°h MIN Organic Material--95% MIN Color--G reen pH--4.8% 2 2 F. The FGM shall be packaged in units not exceeding 100 Ibs. and be suitable for outdoor storage for up to six months. The package shall contain current labels, the manufacturer's name and address, net weight, and customer service number. G. Hydraulic equipment used for the slurry application of prepared fiber mulch shall be of the "super Hydroseeder" type, or other approved types. Using this equipment, pure FGM, seed and fertilizer slurry shall be applied evenly over the soil surface in a one step operation. H. Operations may proceed only after free surface water resulting from recent rains or mechanical watering has drained away. Other moisture and weather considerations should be used as guides as if normal grassing practices were to be conducted. a I. The mulch and water shall be combined into the slurry tank for distribution of all ingredients in one operation by hydraulic method. The slurry mixture shall be so regulated that the amounts and rates of application shall result in a uniform application of all materials. @ Revised 10/08/2003 Contract No. 39721-1 Page 1 19 of 122 Pages J. After hydromulch has been applied and allowed to dry, the seeded area shall be sprinkled with a fine spray of water to prevent run-off and shall continue to be watered often enough to keep the surfaces constantly moist. Hydroseeded areas shall be adequately protected from foot or vehicular traffic during the period that grass is being established. K. Additional hydromulching of bare or eroded areas may be required prior to final approval to obtain an erosion-free stand of grass. After three to four weeks of favorable growing weather, bare spots shall be cultivated, reseeded, raked and rolled as in the original work. SECTION 313 - TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section: 313-1.1 General. The Contractor shall supply and install temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way served by said final and temporary traffic pavement markers, signing, railing (type K) and appurtenances to public traffic. Add the following section: 31 3-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm (3" x 12") in size. The reflective sheeting shall be visible at 300 m (1000') at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in section 312-1 , "Placement." Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer. The channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved alignment. All layout work necessary to place the channelizers to the proper alignment shall be performed by the Contractor. If the channelizers are displaced or fail to remain in an upright posi- tion, 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 4-15, "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: a Revised 10/08/2003 Contract No. 39721-1 Page 120 of 122 Pages 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS. Add the following section: 313-3.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand-filled crash cushions units as shown on the plans. 313-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K) shall be freshly coated with a white color paint prior to their first use on the project. The paint shall conform to the provisions in sections 210-1.5 "Paint Systems" and 310 "Painting". Contractor shall be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours. The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall remove graffiti, tire or vehicle marks, dirt or any and all materials such that said marks or discoloration mar the appearance of said units when ordered by the Engineer after the units are in place. Add the following section. 313-3.1.2 Manufacture of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be manufactured per CALTRANS Standard Drawing T3. Concrete used to manufacture Temporary railing (Type K) shall conform to the provisions in sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures"." Load tickets and a Certificate of Compliance will not be required. Reinforcing steel shall conform to the provisions sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures". Steel bars to receive bolts at ends of concrete panels shall conform to ASTM Designation: A 36/A 36M. The bolts shall conform to ASTM Designation: A 307. A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans. The bar shall conform to ASTM Designation: A 36/A 36M, shall have a minimum length of 660 mm and shall have a 75 mm (3) diameter by 9 mm (3/8") thick plate welded on the upper end with a 5-mm (3/,s") fillet weld. The final surface finish of temporary railings (Type K) shall conform to the provisions in section 303-1.9.2 "Ordinary Surface Finish." Exposed surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented curing compound method. The pigmented curing compound shall be type 2 curing compound. Temporary railing (Type K) may have the Contractor's name or logo on each panel. The name or logo shall not be more than 100 mm in height and shall be located not more than 300 mm above the bottom of the rail panel. Add the following section. 313-3.1.3 Installation of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be installed per CALTRANS Standard Drawing T3. Temporary railing (Type K) shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing throughout the entire length of the railing. Abutting ends of precast concrete units shall be placed and maintained in alignment without substantial offset to each other. The precast concrete units shall be positioned straight on tangent alignment and on a true arc on curved alignment Each rail unit placed within 3 m (10') of a traffic lane shall have a reflector installed on top of the rail as a e Revised 10/08/2003 Contract No. 39721-1 Page 121 of 122 Pages directed by the Engineer. Reflectors and adhesive will be furnished by the Contractor.. A Type P marker panel conforming to the requirements of the CALTRANS Traffic Manual shall also be installed at each end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of section 206-7.2, “Temporary Traffic Signs”. Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary railing shall be restored to its previous condition, or constructed to its planned condition. Add the following section: 313-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall be “Energite Ill” manufactured by Energy Absorption Systems, “Fitch Inertial Barrier System Modules” manufactured by Roadway Safety Service, or equal. Features required to determine equivalence of any other temporary sand-filled crash cushion units shall be approval of the system by CALTRANS and that the temporary sand-filled crash cushion units meet NCHRP 350 standards. Other features will be suitability to application, operational characteristics, durability and other such characteristics that the Engineer shall determine. Temporary sand-filled crash cushions (TSFCC) shall be of the type and array configurations shown on plans, and installed at every end of, or gap in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of direction, is 4.6 m (IS) or less to the end of the temporary railing (Type K) being considered. The TSFCC shall be installed per CALTRANS Standard DrawingsTl and T2 for approach speeds no less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph), whichever is the greater. The TSFCC array shall be appropriate to the application as shown on said standard drawings. A Type J and/or P marker panel conforming to the requirements of the CALTRANS Traffic Manual shall also be installed at each TSFCC array as shown in CALTRANS Standard DrawingsTl and T2. Particular care shall be taken to assure that crash cushions are installed with the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF array shall be graded such that any vehicle diverging from the travelled way to strike the TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed from. . 0 Add the following section: 313-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary channelizers, temporary signing, temporary railing (type K), temporary crash cushions and temporary appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for traffic control and payment therefore shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors marking them shall include the installation, grading for installation, grading for the approach path, maintenance, painting and re-painting, replacement of damaged units and removal and shall also be included in the lump-sum price bid for traffic control. Payment for installation and/or relocation of K- rails and crash cushions when not shown on the plans and requested by the Engineer shall be made per section 3-3, Extra Work, SSPWC. @ Revised 10/08/2003 Contract No. 39721-1 Page 122 of 122 Pages LEAD REMOVAL AND RECYCLING MASS GRADING AND PARTIAL UTILITIES FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT CONTRACT 39721 -I 0 BACKGROUND Within the property boundary is the site of the former firing / training gun range of the Carlsbad Police Department which operated at this location for a period of approximately 15 years until its recent closure. The Contract 39721-1 project includes the removal of this former firing / training gun range and the recycling of expended lead rounds found within the site. The area of the earthen backstop at the southern end of the firing range contains approximately 500 cubic yards* of soil material within which the vast majority of expended lead rounds will be found. There may be a minor amount of expended lead rounds in the immediate vicinity, however, they are believed to be less than 5% of the total expended lead rounds within and around the firing range area. The earthen backstop also contains a “Durablock compressed rubber block” which was used to receive the rounds. This rubber block, and all other remaining concrete walkways, wood and timber, fencing, and all other improvements of any kind that remain are to be removed and disposed of off-site as a part of this contract. REMOVAL AND RECYCLING The Best Management Practice (“BMP”) for lead management is reclamation. Therefore, the scope of work includes the removal and recycling of the expended lead rounds found in this general area of the site. Mechanical separation of the expended lead rounds from the soil, or by other means selected by the Contractor, may occur either on or off-site. Attached are recommended BMP guidelines for this activity along with a couple of lead reclamation vendors. There are other potential lead recycling vendors in addition to these two; prospective Contractors / bidders are recommended to secure sub-bids from a number of firms specializing in this work. The removed expended lead rounds have recycle economic value. CPFA relinquishes any claim or credit for this recycled lead to the Contractor / bidder undertaking this work. The total and complete cost for all requirements, activities, permits, approvals, recycling and disposal fees or expenses, if any, and all other costs incidental to this work shall be contained within the lump sum value of Item No. 5 entitled “Lead Removal and Recycling’’ contained within the Contractor’s proposal herein. No other compensation shall be requested by Contractor nor approved by CPFA for this work. 0 500 cubic yards of soil material containing expended lead rounds is an estimate only. Contractor I bidder shall undertake his / her own investigation and develop his / her own BMP approach to remove and recycle the lead rounds found in this general area of the site. Contractors / bidders shall consult and be familiar with EPA document No. EPA-902-B-01-001, dated January, 2001. lead Removal and Recycling: Page 1 L BMP for Lead at Outdoor Shooting Ranges precipitation and/or where the soil is somewhat alkaline, spent bullets may be allowed to accumulate on the soil for a longer time between reclamation events. It should be noted that to ensure that lead is not considered 'discarded" or 'abandoned" on your range within the meaning of the RCRA statute (i.e., a hazardous waste), periodic lead removal activities should be planned for and conducted. This typically requires one or more of the following: b Hand Raking and Sifting b Screening b Vacuuming b Soil Washing (Wet Screening, Gravity Separation, Pneumatic Separation) To successfutb lead mbrationl the These methods are discussed in detail below. most important BMP for lead management is lead reclamation. Implementing a regular reclamation program will allow you to avoid Figure 3-3 provides examples of common lead reclamation equipment. expensive remediation and potential litigation costs. Ranges in regions with high precipitatiorl and/or with acidic soil conditions may require more frequent lead recovery since the potential for lead migration is greater. In regions with little Also, it is important to be aware that state regulations may require that the material being sent for recycling have a minimum lead content in order to qualify as a scrap metal that can be Figure 3-3 - Examples of Lead Reclamation Equipment U Example of Courtesy of Example of final separation device (Patented Pneumatic Separation Unit) used with a Shaker System. Courtesy of MARCOR. shaker system. National Range Recovery Chapter 111 - Page Ill-11 MA? for Lead at Outdoor Shooting Ranges shipped under a bill of lading (Le., exempt from RCRA). -.' A simple BMP that can be done by club members, particularly at small ranges, is raking and/or sifting bullet fragments from the soil. Sifting and raking activities should be concentrated at the surface layer. This is a low- technology and low-cost management alternative for lead reclamation. Once collected, the lead must be taken to a recycler or reused. Arrangement with a recyder should be made prior to colledlng any spent lead to avoid having to store the lead and avoid potential health, safety and regulatory concerns associated with storing lead. At trap and skeet ranges, conducting sifting and raking activities in the shot fall zone (approximately 125 - 150 yards from the shooting stations) will yield the most lead. For sporting clay ranges, these activities should be conducted around tree bases, where lead shot tends to collect. Basically, the process consists of raking with a yard rake the topsoil in the shot fall areas into piles, as if you were raking leaves, removing any large debris (e.g., rocks, twigs, leaves, etc.), and then sifting the soil using ScTBeIlS. Once the soil has been raked and collected, pass it through a standard 3/16 inch screen to remove the large particles. This process will allow the lead shot sized particles to pass through the screen. The sifted material (those not captured by the 3/16 inch screen) should be passed through a 51100 inch screen to capture the lead and lead fragments. This process will also allow sand and other small sediment to pass through the screen. Screens can be purchased at many local hardware stores. The screens should be mounted on a frame for support. The frame size will vary based on the technique used by each range. For example, if one person is holding the framed screen, it may be better to use a smaller frame (2 feet by 2 feet) whereas, if several people are holding the Framed screen, it can be larger. Raking and sWng can be performed by club members on a volunteer basis. Some clubs provide incentives, such as reduced fees, to members who assist with the lead removal process. Other clubs have hired college students during the summer. A number of small clubs have found that reloaders will volunteer to rake in exchange for collected shot. Hand sifting and raking are cost effective lead removal techniques for small ranges, or low shooting volume ranges. However, these techniques may not be appropriate for situations in which there is a large volume of lead on the range. In this instance, reclamation machinery may be more appropriate. Note: Those conducting the hand raking and sifting reclamation at ranges should protect themselves from exposure to lead. Proper protective gear and breathing apparatus should be worn. The Occupational Safety and Health Administation (OSHA) or an appropriate health professional should be contacted to learn about proper protection. Reclamation equipment may be rented from local equipment rental services. One type of machine that that it may be possible to rent for lead shot reclamation is known as a screening machine (also referred to as a mobile shaker, gravel sizer, or potato sizer). This device uses a series of stacked vibrating screens (usually two screens) of different mesh sizes and allows the user to sift the lead shot-amtaining soil [gathered by hand raking, sweeping, or vacuuming (discussed above)]. The uppermost screen (approximately 311 6 inch mesh) collects larger than lead shot particles, and allows the smaller particles to pass through to the second screen. The second screen (approximately 5/ 100 inch mesh) captures lead shot, while allowing smaller particles to pass through to the ground. The lead shot is then conveyed to a container such as a five gallon bucket. In the Northeastern United States, the typical rental cost for this equipment is between $500 and $4,500 a week, depending on the size shaker desired. It may be possible to get more I' \ '4 : +b Chapter 111 - Page 111-12 information on rentals for this type of equipment from heavy equipment rental companies. Another possible option is to rent a vacuum system that will collect the lead shot-containing soil from the range. Here, vacuuming takes the place of hand raking or sweeping. A vacuum machine is used to dled the lead shot- containing soil. Once collected, the lead shot- containing soil must be sifted through a screening system (either a rental screening machine, ar a series of home made framed screen sets). Mu may be able to obtain more information about renting vacuums or vacuuming services (e.g., it may indude a person to operate the machinery),from heavy equipment rental companies. c Some dubs have found that performing their own lead redamation to be very time consuming. Part of the reason these reclamations took so long is that the soils were wet. Redamation is much easier under dry soil conditions. For example, one club reclaimed lead from their range, using equipment they modified themselves. Twenty-five tons of lead were collected but the reclamation took over two years. Another club took a year to reclaim 10 tons of lead. A more prefemble option may be to hire a reclamation company. L Another option for lead removal is to hire a professional reclaimer. Lead reclamation companies daim to recover 75%-95% of the lead in the soils. Generally with redamation . companies there is no minimum range size requirement for lead redamation. Concentration of lead Is more important than quantity spread over a field, especially if it is a difficult range for reclamation (e.g., hilly, rocky, a lot of clay in the soil). Please note that reclamation companies tend to be in high demand - it may take over a year for the company to start at your club. Therefore, it is wise to plan ahead and make the call to the reclamation company as early as possible. Some reclamation companies require a site visit r BMP for Lead at Outdoor Shooting Ranges to view the topography, the soil composition, and amount of lead observed on the ground. During the visit, some companies may even do a site analysis to determine whether or not it is feasible to reclaim. This analysis identifies the location of lead, the expected recovery amount, and the depth lead reaches into the soils. Using machinery to reclaim lead usually requires that the area be clear of scrub vegetation. Grass, mulch, or compost is generally removed or destroyed during the reclamation process. Some reclamation companies have no problem beginning reclamation on a grassy field. Other reclamation companies will remove grass before or during reclamation (by burning it, if allowed locally, leaving behind the lead shot), and still others require that all vegetation be removed before they arrive at the range. Some companies will reseed the area once the reclamation is completed. Since sporting clay ranges generally have many trees, removal of vegetation as discussed above may not directly apply to existing sporting clay ranges. At these ranges, the focus is on removing vegetative debris (Le., fallen limbs, tree bark, etc.) prior to reclamation. This may include removing some trees to gain better access with the reclamation machinery. Of course, when designing a new sporting clay range, steps to facilitate lead reclamation should be taken into account. For example, less and more widely spaced trees will facilitate lead redamation. Reclamation companies use several types of machinery to reclaim lead. Some companies drive their separation machinery over the site. The lead-laden soil is picked up, processed and then returned to the ground after most of the lead is removed. Other companies scrape ofF the top several inches of soil from the ground, using a front-end loader to bring the soilllead to stationary reclamation machines, and then return the soil to the field afier reclamation. Many companies till the top two to five inches of soil and grass immediately prior to reclamation to facilitate the process (some companies may ~ ~ ~~ ~~ Chapter 111 - Page 111-13 BMP for Lead at Outdoor Shooting Ranges require this to be done prior to arrival on the activities generating dust should only be range). conducted during periods of no wind. In addition, such activities should be completed as Regardless of how lt is collected, the actual quickly as possible. reclamation of the lead follows the same general pattern. Most often, it is sifted through a series Vacuuming of shaking screens. The lead and sol pass through shaking screens (usually at least two For ranges that are located on hilly, rocky, and/or screens) of decreasing mesh (hole) size, with densely vegetated terrain, several reclamation the topmost screen having the largest mesh. companies employ a vacuum system that This part of the reclamation machinery is usually collects the lead shot (and soil and other adapted from machinery used for potato or detritus). The resulting mix is then placed into gravel sizing. the redamation machinery discussed above. This method is especially effective for sporting Any soilldebris automatically screened out as clay ranges where lead shot tends to pile up being too big or too small is either returned to around tree bases. the field or re-screened to ensure no lead is caught in the debris. This procedure is why Vacuuming has traditionally been used for moist, clay soils are more difficult to reclaim. removal of lead shot from trap, skeet and The moist, clay soils can bind together into shot- sporting clay ranges. Another way to apply this sized pellets producing more 'producr for the method involves removing the top layer of an second part of the reclamation. The wet soils earthen backstop or sand trap with shovels. It is can also clog the screens. then spread thinly over an impermeable material such as plywood. A vacuuming device is then For some redamation companies, their Process used to collect the materials that are lighter than ends after sifting the soil and returning it to the lead (e.g., sand or soil), while leaving behind the ground. However, some companies take heavier materials (i.e., lead bullets/shots and reclamation one step further. After screening, fragments). The soil can then be returned to the the resulting lead, soil, and other lead-sized range. This process is most efficient for dry, particles enter a blowing system. Here the lead sandy soils without a lot of organic material. A shot is easily separated from the soil and other more recent innovation is the use of a high debris by the blowing air. The lead is much suction vaccum. This vaccum itself does not more dense than the soil and other lead-sked have to be moved about, since a very long hose debris so that it falls out first. Figure 3-3 depict (up to 600 feet) is used to move in and around examples of actual lead reclamation machinery. trees during the collection of lead shot at trap and skeet ranges. Some lead reclamation companies will perform the reclamation during dub off-hours so that club activities are not interrupted. Additionally, some perform the reclamation on a field-by-field basis, to minimize any disruptions to club activities. However, others companies require the dub to shut down during the reclamation. Reclamation time varies depending on weather, site accessibility, range size, and number of personnel assigned to perform the reclamation. Reclamation activities may generate dust, especially in drier western locations. To prevent or minimize dust from traveling off the range and causing complaints from neighbors, reclamation , 0 I W- Gravu Soil washing is a proven technology and another lead reclamation method used by some reclaimers to separate the lead particles from the soils. Soil washing is the separation of soils into its constituent particles of gravel, sand, silt and clay. Because of the much higher surface area and surface binding properties of clay, most lead contaminants tend to adhere to the clay particles. Soil washing, therefore, attempts to generate a , 4 Chapter 111 - Page 111-14 c clean sand and gravel fraction by removing any fines adhering to the larger soil partides and, if necessary, to transfer contaminants bound to the surface of the larger particles to the smaller soil particles. Typically, the soils are first excavated from the range and then mixed into a water-based wash solution. The wet soil is then separated using either wet screening or gravity separation techniques. One benefit of this system of reclamation is that it does not require that sols be dry. In additlon, soil washing may be able to recover all or almost all lead particles through a combination of wet screen sizing and density separatbn. This technique is an option for remediation of a range being closed and may compare favorably from an economic standpoint with the disposal option. Soils treated using this method have been shown to be below 5 mg/L TCLP and to have up to 99% of particulate lead removed. Treatment costs are site specific, but can range from less then $40 per ton (1999 levels) for simple physicaVgravity separaaon up to about $100 per ton for processes involving leaching. Credits for recycled lead help ofbet the treatment cost and the cost of recycling any treatment sludges and concentrated soil fines. Water used in soil washing is from a closed loop system and should only be disposed at completion of cleanup. Experience shows the water to not be a RCRA regulated hazardous waste, therefore probably allowing disposal to a local wastewater treatment plant. Y Wet Screening With this method, partides larger and smaller than the surrounding soils are passed through a series of large-mesh to small-mesh screens. Each time the mixture passes through a screen, the volume of the soil mixture is reduced. Large particles such as lead shothullets and fragments are screened out of the soihash mixture early in the process and can be taken off-site for recycling - allowing the soil to be placed back on-site. BMP for Lead at Outdoor Shooting Ranges Gravity Separation This technique can be used in cases where the lead particles are the same size as surrounding soil particles. The wet soil/wash mixture Is passed through equipment, which allows the more dense materials (Le., lead materials) to settle to the bottom of unit and separate out of the soilhash mixture. Pneumatic Separation Pneumatic separation (see figure 3-3) Is an effective means to enhance the traditional screening results. Traditional screening cannot separate shot and bullets from other shot and bullet sued material, i.e., rocks, stones, roots, and various debris. A recycling facility considers non-lead items as 'contaminants' which drastically reduces the value of the recyded . lead. Pneumatic separation utiliies an air stream, and specific density analysis, to effectively separate the shothullets from the other shothutlet sized material. 3.3.1 BMPs to Assist Lead Reclamation and Recycling There are several operational activities that should be conducted throughout the year to facilitate reclamation. The following is a discussion of these activities. It is important to perform lead removal at a frequency appropriate your site. The frequency is dependent on several factors. These include: b Number of rounds fired b SoilpH b Annual precipitation b SoilType b Depth to groundwater. Lead volume, as estimated by the number of rounds fired, is a factor in determining the appropriate frequency of reclamation at ranges. It also assists in determining whether a range may receive economic returns from lead sold after reclamation. One reclamation company ~~ Chapter Ill - Page ill-15 indicated that to make reclamation economically feasible, a backstop could be reclaimed when it contains at least 20 pounds of lead per square foot of backstop. Another source indicated that a maximum of 100,000 rounds per firing lane could be allowed before reclamation of the lead occurs. This would assure good range operation and maintenance as well as be a cost effective amount of lead for recovery purpose. For shotgun ranges, tracking the number of targets thrown can help indicate when the lead shot should be reclaimed. For example, one source indicated that when a range has thrown approximately 250,000 to 1,000,000 targets, depending on the shooting area, reclamation of the lead shot should occur. Another reclaimer indicated that if about two pounds of lead per square foot accumulated on the range, cost effective redamation was possible. Because the number of rounds fired is important to know, establishing record keeping procedures to monitor the number of rounds fired is recommended. This can be accomplished by maintaining logbooks and asking shooters to list the number of rounds shot and the type/sbe of shothullets they use. This should be done by lane and by stand. There are many ranges at which lead removal has not occurred for many years. Many of these ranges are used extensively. Such ranges are especially good candidates for potential positive cash flow as a result of removal and recycling. Subsequent removal frequency depends on range use and environmental factors. The NRA recommends a frequency of one to fwe years for lead cleanup, even on ranges with minimal use4. One possible approach to making reclamation more cost effective is for a number of ranges in the same geographical area to work together in organizing coordinated removals at their ranges. This will reduce the reclaimer travel and mobilization cost for each range. Minimization of Veaetatioq As discussed previously, vegetation is useful 4. National Rifle Association, 'Metallic 'Bullets' lead Depasits on Outdoor and Indoor Fring Ranges' 1991 BMP for Lead at Outdoor Shooting Ranges erosion from the range and inhibiting lead mobility. However, excessive or unmaintained vegetative cover can interfere with reclamation activities. For example, large amounts of vegetation impedes the screening and sifting processes used by many reclamation companies. Therefore, prior to reclamation activities, it is best to remove, reduce, or mow excessive vegetation from the area. Once the redamation has been conducted, quick-gmwing vegetation such as a ryeffescue grass mix should be replanted. This process should be repeated for each reclamation event. In addition, heavily wooded areas may inhibit lead redamation because they are less accessible by heavy redamation machinery. For ranges that are heavily wooded, it is recommended that you minimize the vegetation or modify the range design to allow lead reclamation equipment access to the range. Access to the impact area should be developed to facilitate reclamation. Make sure that the pathways do not present a safety risk. hovatfve LandscaDirlg Some new ranges are landscaping their ranges to include a sand track (an area the size of the shotfall zone that is only sand) located behind some aesthetically pleasing shrubs. This allows the spent shot to concentrate on the sand, making it very easy to perform reclamation because there is no interference by vegetation. Selectina a Lead Reclaimer In ensuring that the reclamation is conducted appropriately, selecting a reclaimer that is right for your range is extremely important. Some lead reclamation companies will travel to your range and assess the range prior to conducting lead collection activities. This assessment trip allows the reclamation company to confirm information gained during initial discussions, as well as to assist in appropriately estimating costs, time required, and the estimated volume of lead at the range. Conducting this pre- assessment also allows you to determine which reclaimer is right for your situation. Chapter 111 - Page 111-16 BMP for Lead at Outdoor Shooting Ranges c-' Ques tions Commonly asked bv the Reclaimer When you contact a reclamation company, it is likely that the reclaimer will ask several general questions. Typical questions include: b When was the last reclamation conducted? b How many rounds have been shot since that last reclamation? b What is the use frequency of the range? b What are the site characteristics and soil b What type of bullet containment device is types? used at the range? Answering these questions will be a lot easier il' you have maintained good records, as is suggested above. Questions to as k the redairnet b Monetary returns from selling reclaimed lead 1 Future cost avoidance by minimizing the need for costly site remediation Some reclaimers bid the lowest flat fee with all the lead provided to the range for selling. The range ownerdoperators must then consider the transportation costs to send the reclaimed bullets to a recycling company. Alternatively, in a 'profit-sharing" situation, the reclaimer will ideally split the economic return of lead sold for recycling based on the volume reclaimed and the current value of lead. In a best case scenario, the average split may by 50150, but it may also be lower. Although the value of lead varies, the value of reclaimed lead typically falls between $.lo and $.25 per pound excluding transportation cost. See the appendix for contact information regarding lead reclamation companies that specialize in lead removal at outdoor ranges. When choosing a reclaimer be sure to ask the general questions about prior cleanups (past projects), insurance to cover rxmpany and cleanup (general liability insurance, pollution insurance, bonding, etc.), and site plans to ensure health and safety of workers and range Personnel- Other Vestions You the reclaimer include: b Can the reclamation take place outside b What cost are involved and what is the them. b How long will the reclamation take? b Does vegetation at the range need to be Documenting activities and keeping good records is of paramount importance for an effective lead management program at a range. Ownerdoperators should document all activities done at the range with respect to BMPs and recycling of lead. Records should be kept on when services were provided and who provided Y want to ask normal hours of range operation? 'profir sharing arrangement? Ownersloperators may want to document what type of BMP(s) were implemented to control lead migration, the date of service, and who did the services. The records should be kept for the life of the range. Records may be used to show that owners/operators are doing their part to help prevent lead migration off-site and show that they are doing their part to be stewards of the environment. removed? Economic Consideration3 Lead removal costs, if incurred, may vary dramatically depending upon the type and volume of soil or sediments, topography, amount of lead, and location. Because the economics of reclamation vanes due to many factors, this manual does not provide specific estimates. However, it is important to understand that lead not be economically beneficial. Economic benefits can be captured in two ways: may Or may Not all BMPs need to be implemented at once. Many can be phased in over time. However, it is important to begin implementing BMPs, I( Chapter 111 - Page 111-17 BMP for Lead at Outdoor Shooting Ranges especially lead reclamation and recycling, as soon as possible. Implementing the most appropriate BMPs for your range requires consideration of your range characteristics and costs associated with implementing the BMPs. This manual provides a large selection of BMPs that vary in both cost and sophistication. In selecting BMPs for your range, it is important to look at all costs and all the benefits (or potential problems) associated with each BMP. 0 There are several BMPs that are highly recommended to be implemented, if applicable to your range. Table 3-1 identities the advantages and disadvantages of all BMPs discussed in this chapter. This table serves as a quick reference guide for potential BMPs. Readers should refer back to the detailed discussions above for further information regarding these BMPs. . Lead Reclamation - Division of Hardcast Enterprises, Inc. 23128 Wildwood Rd., Newhall, CA 91321 800-269-4796 . Liberty Metal 2233 E. 19th St., Los Angeles, CA 90021 2 I 3-581 -91 71 1 Chapter Ill - Page 111-18