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Silvia Construction Inc; 2006-07-20; PWS06-27ENG
RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 If DQC# 2007-0164023 MAR 09, 2007 3:54 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 000 PAGES: 1 Space above this line for Recorder's use. PARCEL NO: N/A NOTICE OF COMPLETION Notice is hereby given that: 1 . 2. 3. 4. 5. 6. 7. The undersigned is owner of the interest or estate stated below in the property hereinafter described. The full name of the undersigned is City of Carlsbad, a municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. The nature of the title of the undersigned is: In fee. A work or improvement on the property hereinafter described was completed on January 25, 2007. The name of the contractor for such work or improvement is Silvia Construction, Inc. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: 2006 Pavement Overlay Project, Project No. 3667-13. The street address of said property is in the City of Carlsbad. CITY OF CARLSBAD Robert T. JcMnson, Jr. City Engineer VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad,(J200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on ^/fr^^vo 6 , 20^7^ . accepted the above described work as completed and ordered that^a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on stf***^; 7 20_£_^, at Carlsbad, California. CITY OF CARLSBAD •Ayx LORKAIN City Clerk Word\Masters\Forms\Notice of Completion (City)3/9/98 r r CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS r FOR 2006 PAVEMENT OVERLAY PROJECT CONTRACT NO. 3667-13 BID NO. PWS06-27ENG TABLE OF CONTENTS Item Page Notice Inviting Bids 6 Contractor's Proposal 10 Bid Security Form 16 Bidder's Bond To Accompany Proposal 17 Guide For Completing The "Designation Of Subcontractors" Form 19 Designation Of Subcontractor and Amount Of Subcontractor's Bid Items 21 Bidder's Statement Of Financial Responsibility 22 Bidder's Statement Of Technical Ability And Experience 23 Bidder's Certificate Of Insurance For General Liability, Employers' Liability, Automotive Liability And Workers' Compensation 24 Bidder's Statement Of Re Debarment 25 Bidder's Disclosure Of Discipline Record 26 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid 28 Contract Public Works 29 Labor And Materials Bond 35 Faithful Performance/Warranty Bond 37 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention 39 Revised 10/08/03 Contract No. 3667-13 Page 2 of 107 Pages SUPPLEMENTAL PROVISIONS Parti General Provisions Section 1 Terms, Definitions Abbreviations And Symbols 1-1 Terms 42 1-2 Definitions 43 1-3 Abbreviations 44 Section 2 Scope And Control Of The Work 2-3 Subcontracts 44 2-4 Contract Bonds 45 2-5 Plans And Specifications 45 2-9 Surveying 47 2-10 Authority Of Board And Engineer 47 Section 3 Changes In Work 3-2 Changes Initiated by the Agency 48 3-3 Extra Work 48 3-4 Changed Conditions 49 3-5 Disputed Work 50 Section 4 Control Of Materials 4-1 Materials And Workmanship 52 4-2 Materials Transportation, Handling and Storage 53 Section 5 Utilities 5-4 Relocation 53 5-6 Cooperation 54 Section 6 Prosecution, Progress And Acceptance Of The Work 6-1 Construction Schedule And Commencement Of Work 54 6-2 Prosecution Of Work 54 6-6 Delays And Extensions Of Time 55 6-7 Time of Completion 55 6-8 Completion And Acceptance 56 6-9 Liquidated Damages 56 Section 7 Responsibilities Of The Contractor 7-3 Liability Insurance 56 7-4 Workers' Compensation Insurance 56 7-5 Permits 56 7-7 Cooperation and Collateral Work 57 7-8 Project Site Maintenance 57 7-10 Public Convenience And Safety 57 7-13 Laws To Be Observed 62 Section 9 Measurement and Payment 9-1 Measurement Of Quantities For Unit Price Work 62 9-3 Payment 62 Revised 10/08/03 Contract No. 3667-13 Page 3 of 107 Pages PART 2 Construction Materials Section 200 Rock Materials 200-2 Untreated Base Materials 65 Section 201 Concrete, Mortar And Related Materials 201-1 Portland Cement Concrete 66 201 -3 Expansion Joint Filler and Joint Sealants 68 Section 203 Bituminous Materials 203-1 Paving Asphalt 69 203-6 Asphalt Concrete 73 203-11 Asphalt Rubber Hot Mix (ARHM) Wet Process 75 203-13 Asphalt Pavement Crack Sealants 76 Section 206 Miscellaneous Metal Items 206-7 Traffic Signs 77 206-9 Portable Changeable Message Sign 79 Section 209 Signals, Lighting And Electrical Systems 209-1 General 80 209-5 Detectors 80 209-8 Payment 90 Section 210 Paint And Protective Coatings 210-1 Paint 91 Section 213 Engineering Fabrics 213-2 Geotextiles 92 Section 214 Pavement Markers 214-5 Reflective Pavement Markers 93 PART 3 Construction Methods Section 300 Earthwork 300-2 Unclassified Excavation 94 Section 301 Treated Soil, Subgrade Preparation And Placement Of Base Materials 301-1 Subgrade Preparation 96 Section 302 Roadway Surfacing 302-4 Public Convenience and Traffic Control 96 302-5 Asphalt Concrete Pavement 98 302-11 Asphalt Pavement Repairs And Remediation 99 Section 303 Concrete And Masonry Construction. 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways 102 Revised 10/08/03 Contract No. 3667-13 Page 4 of 107 Pages Section 307 Street Lighting and Traffic Signals 307-3 Street Lighting Construction 103 307-4 Traffic Signal Construction 103 Section 310 Painting 310-5 Painting Various Surfaces 103 Section 312 Pavement Marker Placement And Removal 312-1 Placement 104 Section 313 Temporary Traffic Control Devices 313-1 Temporary Traffic Pavement Markers 104 313-2 Temporary Traffic Signing 106 313-4 Measurement And Payment 106 Revised 10/08/03 Contract No. 3667-13 Page 5 of 107 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 2:00 p.m. on May 18, 2006, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Pavement overlay of various streets, including AC repairs, concrete work, video detection, and striping. 2006 PAVEMENT OVERLAY PROJECT CONTRACT NO. 3667-13 BID NO. PWS06-27ENG This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include the Standard Specifications for Public Works Construction. 2003 Edition, and the 2004 supplement thereto, all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract, section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. Revised 10/08/03 Contract No. 3667-13 Page 6 of 107 Pages 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 7. Acknowledgement of Addendum(a) 2. Bidder's Bond 8. Certificate of Insurance. The riders covering the 3. Non-Collusion Affidavit City, its officials, employees and volunteers may 4. Designation of Subcontractors be omitted at the time of bid submittal but shall and Amount of Subcontractor Bid be provided by the Bidder prior to award of this 5. Bidder's Statement of Financial Responsibility contract. 6. Bidder's Statement of Technical Ability and 9. Bidder' s Statement Re Debarment Experience 10. Bidder's Disclosure Of Discipline Record Escrow Agreement for Security Deposits -(optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $3,600,000. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A, C12, and C32. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted 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 $25 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Revised 10/08/03 Contract No. 3667-13 Page 7 of 107 Pages The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A pre-bid meeting and tour of the project will not be held. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the 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 ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of Revised 10/08/03 Contract No. 3667-13 Page 8 of 107 Pages the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2006-058, adopted on the 14th day of March, 2006. March 29. 2006 Date H$A*EN(R. j^NpTZ, As^fstant City Clerk Publish Date: April 1, 2006 Revised 10/08/03 Contract No. 3667-13 Page 9 of 107 Pages CITY OF CARLSBAD 2006 PAVEMENT OVERLAY PROJECT CONTRACT NO. 3667-13 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3667-13 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Item No. Description 1 Mobilization at Dollars (Lump Sum) 2 Public Notification of Work at Dollars (Lump Sum) 3 Traffic Control at Dollars (Lump Sum) 4 Remove Thermoplastic at Dollars (Lump Sum) Approximate Quantity and Unit 1 LS 1 LS 1 LS 1 LS $_ $. $_ Unit Price Total $. $. $. $. Revised 10/08/03 Contract No. 3667-13 Page 10 of 107 Pages Item No. Description 5 Asphalt Rubber Hot Mix (ARHM) at Approximate Quantity and Unit 37,232 TONS $_ Dollars per Ton 6 Asphalt Concrete 1 -Inch Leveling Course at 4,043 TONS $_ Unit Price Total $. 2,004 TONS $_ Dollars per Ton 7 Asphalt Concrete at Dollars per Ton 8 4-Inch AC Removal at Dollars per Square Foot 9 6-Inch AC Berm per SDRSD 460 LF $_ G-5 Type A at 61,500 SF $_ Dollars per Linear Foot 10 Cold Milling 5'Width at Dollars per Linear Foot 11 Cold Milling 10'Width at Dollars per Linear Foot 12 Cold Milling 20'Width at Dollars per Linear Foot 139,900 LF $_ 2,822 LF $_ 1.305LF $. 13 10-Inch Remove& Replace 4,500 SF $_ AC and AB at Dollars per Square Foot $. $. $. $_ $_ $. Revised 10/08/03 Contract No. 3667-13 Page 11 of 107 Pages Approximate Item Quantity Unit No. Description and Unit Price Total 14 3-Inch Remove and Replace 110,850 SF $ $ AC at Dollars Each 17 Full Raise of Sewer & 251 EA $_ Storm Drain Manholes at Dollars Each 19 Traffic Signal Detector Loops 35 EA $_ Type E at Dollars per Square Foot 15 3-Inch Remove and Replace 2,345 SF $ $_ AC with Root Removal at Dollars per Square Foot 16 Full Raise of Valve Boxes, 601 EA $ $_ Monument Boxes, Sewer Cleanouts at Dollars Each 18 Install Blue Fire Hydrant 132EA $ $_ Markers at Dollars Each 20 Striping & Pavement 1 LS $ $_ Markings, Paint & Thermo at Dollars (Lump Sum) 21 Video Detection System - 25 EA $ $_ Video Cameras at Dollars Each Revised 10/08/03 Contract No. 3667-13 Page 12 of 107 Pages Approximate Item Quantity Unit No. Description and Unit Price Total 22 Install Temporary 1 LS $ $ Pavement Markers at Dollars (Lump Sum) 23 6-Inch Leveling Course with 450 SF $ $_ Conventional A.C. at Dollars per Square Foot 24 Remove and Replace 6-Inch 40 LF $ $_ Curb per SDRSD G-1 at Dollars per Linear Foot 25 Remove and Replace 210SF $ $_ Stamped Concrete Median, Match Existing Color and Pattern at Dollars per Square Foot Total amount of Bid in words: Total amount of Bid in numbers: $_ The low bidder will be determined from the sum of the Bid Items. Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number , classification which expires on , and that this statement is true and correct and has the legal effect of an affidavit. Revised 10/08/03 Contract No. 3667-13 Page 13 of 107 Pages CITY OF CARLSBAD 2006 PAVEMENT OVERLAY PROJECT CONTRACT NO. 3667-13 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3667-13 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Item No.Description 1 Mobilization at Dollars (Lump Sum) Public Notification of Work at Dollars (l/ump Sum) Traffic Control Dollars (Lump Sum) Remove Thermoplastic at ffi*^ nji'At •} ae>lH!AJ>- A)V Asphalt Concrete 1-Inch Leveling Course at Dollars per Ton Revised 10/08/03 Approximate Quantity and Unit 1 LS 1 LS 1 LS 1 LS Unit Price * Total $ '$/ / t tDollars (Lump Sum) Asphalt Rubber Hot Mix (ARHM)at•-' 37,232 TONS $ 30 4,043 TONS $$ Contract No. 3667-13 Addendum No. 1 Page 1 of 4 Pages Item No. Description 7 Aspjpalt Concrete at • (• Doltyrs^er^Ton 8 4-Inch AC Removal at er Square Foot 9 AC Dike, 6-in height, per SDRSD G-5 Type A at 15 Dollars per Linear Foot 10 Cold Milling 6' Width at Dollars per Linear Foot 11 Cold Milling 1.0' Width at Approximate Quantity and Unit 2,004 TONS $ Unit Price 61.500SF $ 2,460 LF $7'^ 1 39,900 LF $ 2,822 LF $ Dollars per Linear Foot 12 Cold Millin 20' Width at 1.305LF $ Dollars per Linear Foot 13 10-Inch Remove& Replace 4,500 SF $ AC and AB at Dollars per Square Foot 14 3-Inch Remove and Replace 1 10,850 SF $ AC at Dollars per Square Foot 3-Inch Remove and Replace AC with Root Removal at 2,345 SF $ Dollars per Square Foot ' ' Total $ $ $/ 0 $"7 $ f-i / $ $ Revised 10/08/03 Contract No. 3667-13 Addendum No. 1 Page 2 of 4 Pages Approximate Item Quantity Unit No. Description and Unit Price Total 16 Full Raise of Valve Boxes, 659 EA $_ Monument Boxes, Sewer Cjeanouts at iy\() i\c# Dollars Each Dollars" Each 18 Install Blue Fire Hydrant 132 EA $_ Markers at ( / j^Wi |tLC Dollars Each 19 Traffic Signal Detector Loops 35 EA me E at ^ Dollars Each 22 Install Temporary 1 LS $_ Pavement Markers at Dollars p"er SquareToot 17 Full Raise of Sewer & 251 EA $ 'S"^' $_ Storm Drain, Manholes, at, -rMUtfe*- flO^oJltA TtQ*> ollars Each • , v </? 20 Striping & Pavement 1 LS $ 0 ( 3®®' $_ larkings, Painl,& Thermo ati "ollars (Lamp Sum) 21 Video Detection System - 25 EA $ *W / <£ • $. fideo Cameras at Dollars (Lump Sum) 23 6-Inch Leveling Course with 450 SF $ f^" $_ Conventional A.C. at Revised 10/08/03 Contract No. 3667-13 Page 3 of 4 Pages Addendum No. 1 Approximate Item Quantity Unit No. Description and Unit Price Total 24 Remove and Replace 6-Inch 40 LF Curb per SDRSD. G-1 at Dollars per Linear Foot o _ 25 Remove and Replace 210 SF Stamped Concrete Median, Match Existing Color and Pattern at Dollars per Square Foot Tptal amount of Bid in words: ri \)jL /hint ttH— /tf/flL. i\Or\A fled yJtQ^^J Q. I >Ki4^- Total amount of Bid in numbers: $ ^ *7~/D— ' "-^ The low bidder will be determined from the sum of the Bid Items. Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). 1 , 2 _ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 568194 _ , classification A _ which expires on MAY 31 , 2007 _ , and that this statement is true and correct and has the legal effect of an affidavit. Revised 10/08/03 Contract No. 3667-13 Page 4 of 4 Pages Addendum No. 1 A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered npnresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is A 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. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted N/A (2) Signature (given and surname) of proprietor N/A (3) Place of Business (Street and Number) City and State N/A (4) Zip Code N/A Telephone No. N/A (5) E-Mail N/A 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)N/A (3) Place of Business N/A (Street and Number) City and State N/A (4) Zip Code N/A Telephone No. N/A (5) E-Mail N/A __ Revised 10/08/03 Contract No. 3667-13 Page 14 of 107 Pages IF A CORPORATION. (1) Name under whidibusiness i/conducted^ SILVIA CONSJER-fre^ION . INC. PRESID Impress Corporate Seal here (3) Incorporated under the laws of the State of CALIFORNIA (4) Place of Business 9007 CENTER AVENUE (Street and Number) City and State RANCHO CUCAMONGA, CALIFORNIA (5) Zip Code 91730-5311 _ Telephone No. (909) 481-8118 (6) E-Mail _ silviaconstruction@msn.com _ 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: JOSEPH W. SILVIA. PRESIDENT CLAIRE R. MANCHESTER-WAMEL, SECRETARY BENJAMIN B. DAY, TREASURER Revised 10/08/03 Contract No. 3667-1 3 Page 1 5 of 1 07 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On MAY 18,2006 , before me, PATRICIA BURKE. NOTARY PUBLIC personally appeared JOSEPH W. SILVIA , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. d and official seal. ignature of Notary Public PATRICIA BURKE Commtaton # 1491758 Notary Public-CoWomia San Bernardino County MyComm.ExplrejMay26.2008 —OPTIONAL- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT C/O Carlsbad/ Proposal TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES: Six (6) DATE OF DOCUMENT May 18. 2006 CAPACITY CLAIMED BY SIGNER D PRESIDENT INDIVIDUAL PARTNER CORPORATE OFFICER. ATTORNEY IN FACT TRUSTEE GUARDIAN OR CONSERVATOR Other TITLE RIGHT THUMBPRINT OF SIGNER Signer is Representing:,SILVIA CONSTRUCTION, INC. NAME OF PERSON(S) OR ENTITY(S) License Detail Page 1 of2 License Detail Contractor License # 568194 CALIFORNIA CONTRACTORS STATE LICENSE BOARD 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_TQ71.1Z, 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: 06/16/2006 * * * Business Information * * * SILVIA CONSTRUCTION INC 9007 CENTER AVE RANCHO CUCAMONGA, CA 91730-5311 Business Phone Number: (909) 481-8118 Entity: Corporation Issue Date: 05/15/1989 Expire Date: 05/31/2007 * * *License Status * * * This license is current and active. All information below should be reviewed. * * *Classifications * * * Class \ Description [C12 [EARTWi/^'^A^'lwiN(^ A IGENERAL ENGINEERING CONTRACTOR * * *Bonding Information * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 08658631 in the amount of $10,000 with the bonding company FIDELITY AND DEPOSIT COMPANY OF MARYLAND. Effective Date: 03/03/2004 http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 06/16/2006 License Detail Page 2 of 2 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(I): The Responsible Managing Officer (RMO) BENJAMIN BLAIR DAY certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 07/12/1990 BOND OF QUALIFYING INDIVIDUAL^): The Responsible Managing Officer (RMO) JOSEPH WAYNE SILVIA certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 05/15/1989 * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 1578590 Effective Date: 07/03/2000 Expire Date: 07/03/2006 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses License Number Request IContractor Name Request Personnel Name RequestiSalesperson Request Salesperson Name Request © 2006 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB JJBRARY/License+Detail.asp 06/16/2006 BID SECURITY FORM (Check to Accompany Bid) 2006 PAVEMENT OVERLAY PROJECT CONTRACT NO. 3667-13 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 10/08/03 Contract No. 3667-13 Page 16 of 107 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL 2006 PAVEMENT OVERLAY PROJECT ™™T™KTTCONTRACT NO. 3667-13 PREMIUM NIL KNOW ALL PERSONS BY THESE PRESENTS: FIDELITY AND DEPOSIT That we, SILVIA CONSTRUCTION, INC. ^ principal, and COMPANY OF MARYLAND ( as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) TEN PERCENT OF AMOUNT BID f0r Which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that ff the proposal of the above- bounden Principal for: 2006 PAVEMENT OVERLAY PROJECT CONTRACT NO. 3667-13 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. Revised 10/08/03 Contract No. 3667^13 Pane 17 of 1 f>7 In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate tbe Surety from its obligations under this bond. Executed^ PRINCFAWnis 2ND PRINCIPAL: sILVIA C0NST ime of PfiiofJPfincipal)/ / ^s**to.M j v*~ys ' *.~~is\s*^ —•* TA— rint name here) PRESIDENT ., 20 06 . 2ND day (Title and Organization of Signatory) (sign here) CLAIRE R. MANCHESTER-WAMEL (print name here) SECRETARY (title and organization of signatory) Executed by SURETY this _ Of MAY , 20£6_ SURETY: FIDELITY AND DEPOSIT COMPANY OF MARYLAND (name of Surety) 801 N. BRAND BLVD., SUITE PENTHOUSE GLENDALE, CA 91203 (address of Surety) (818) 409-2800 (telephone number of Surety) By: '{signature of Attorrtey-in-Faot) MATTHEW P. FLAKE (printed name of Attomey-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Aftomey i-i-..!—-i i4n/nn/no 1O 1 Q nf -i f\7 D*nae> CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO J On MAY 18,2006 . before me. PATRICIA BURKE. NOTARY PUBLIC personally I appeared JOSEPH W. SILVIA , personally known to me to be the person whose name is J subscribed to the within instrument and acknowledged to me that he executed the same in his \ authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf I of which the person acted, executed the instrument. WITNESS my hand and official seal j/£ignature of Notary Public WJRCIA BURKE Commtoton* 1491768 Notary PubBc - CoWomta San Bernardino County MyComm. Expires May26,2006 OPTIONAL | Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT I C/O Carlsbad/ Bid Bond !' TITLE OR TYPE OF DOCUMENT I NUMBER OF PAGES:Two (2)DATE OF DOCUMENT May 02. 2006 CAPACITY CLAIMED BY SIGNER [D INDIVIDUAL PARTNER CORPORATE OFFICER PRESIDENT TITLE D D ATTORNEY IN FACT TRUSTEE GUARDIAN OR CONSERVATOR Other RIGHT THUMBPRINT OF SIGNER Signer is Representing:,SILVIA CONSTRUCTION, INC. NAME OF PERSON(S) OR ENTITY(S) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT \ STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On MAY 18.2006. before me. PATRICIA BURKE. NOTARY PUBLIC personally appeared I CLAIRE R. MANCHESTER-WAMEL, personally know to me to be the person whose name is | subscribed to the within instrument and acknowledged to me that she executed the same in her | authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf | of which the person acted, executed the instrument. WITNESS my hand and official seal of Notary Public PATRICIA BURKE Commission #1491758 Notary Public - CaWomta San Bernardino County My Comm. Expires May 26,2006 -OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.. DESCRIPTION OF ATTACHED DOCUMENT C/O Carlsbad/Bid Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES Two (2)DATE OF DOCUMENT MAY 02. 2006 D CAPACITY CLAIMED BY SIGNER INDIVIDUAL PARTNER CORPORATE OFFICER CORPORATE SECRETARY TITLE ATTORNEY IN FACT TRUSTEE GUARDIAN OR CONSERVATOR Other RIGHT THUMBPRBIT Of SIGNER Signer is Representing:SILVIA CONSTRUCTION. INC. NAME OF PERSON(S) OR ENTITY(S) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 5-2-06 before me,LEXIE SHERWOOD - NOTARY PUBLIC personally appeared MATTHEW P. FLAKE personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. XT\x_ _S i gfe£tut€ ~o f"Nrffca r y Pub lier COiC'..;.']f 93951 n NOTARY PIT":: e CALIFORNIA SORA:::.:-COUNTY -»• :~\. !2:-;x .1ULY27, 2009> OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 2 DATE OF DOCUMENT 5-2-06 INDIVIDUAL PARTNER(S) OTHER: CAPACITY CLAIMED BY SIGNER CORPORATE OFFICER ATTORNEY- IN-FACT TITLE (S) TRUSTEE (S) SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON (S) OR ENTITY (S) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, whklPare set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hBredE^dBs/hfireby nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULBERTSCfi^Wyahew PJEh^OE and Lexie SHERWOOD, all of Anaheim, California, EACH its imew^^^&^i^m^^f^^^^f^tnske, execute, seal and deliver, for, and on its behalf as surety, and as its-a^SJ&M^p-afay and-an^fidjVnMmdertakings, and the execution of such bonds or undertakings iapgrsu^eiyaj&ffiesepresrafSjljm^De^'Dinding upon said Company, as fully and amply, to all intents and purpos^s^SimavuIaiel beenj^tv^Sxecfflgd ana acknowledged by the regularly elected officers of ; oyaiproper persons. This power of attorney revokes that issued on avid L. CULBERTSON, Matthew P. FLAKE, Lexie SHERWOOD, dated the Company at its behalf of Richard A January 14, 2005. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of November, A.D. 2005. ATTEST:FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Eric D. Barnes Assistant Secretary William J. Mills Vice President State of Maryland City of Baltimore iss: On this 7th day of November, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 POA-F 012-4150H EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attomeys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 2ND day of MAY , 2006 . Assistant Secretary GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM 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 on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor 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 ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. 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 rejection 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. 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 City 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 City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. Revised 1 0/08/03 Contract No. 3667-1 3 Page 1 9 of 1 07 Pages 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. Revised 10/08/03 Contract No. 3667-13 Page 20 of 107 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS 2006 PAVEMENT OVERLAY PROJECT CONTRACT NO. 3667-13 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. SUBCONTRACTOR'S BID ITEMS Subcontractor's License No.*_ Page.pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 10/08/03 Contract No. 3667-13 Page 21 of 107 Pages BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) 2006 PAVEMENT OVERLAY PROJECT CONTRACT NO. 3667-13 Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. "BALANCE SHEETS UNDER SEPARATE COVER" Revised 10/08/03 Contract No. 3667-13 Page 22 of 107 Pages Balance Sheet Page 1 SILVIA CONSTRUCTION, INC. 5/17/0610:22 5/17/2OO6 Company: LO For Mar, 2OO6 Assets CURRENT ASSETS PETTY CASH/ORANGE BUS. BANK -21.44 PFF PETTY CASH 3,098.27 PAINE WEBBER CD 16,381.32 CHECKING/ORANGE BUS. BANK 266,132.14 ORANGE CO. BUS. SAVINGS -LAKE 173,599.85 Total TOTAL CASH 459,190.14 ACCOUNTS RECEIVABLE 2,758,207.05 RETENTIONS RECEIVABLE 261,743.36 Total TOTAL ACCOUNTS RECEIVABLE 3,019,950.41 UNBILLED WORK IN PROGRESS 298,838.94 Total TOTAL UNBILLED WIP 298,838.94 EMPLOYEE ADVANCES 1,081.90 PREPAID FRANCHISE TAX 1,547.00 Total TOTAL PREPAID EXPENSES 2,628.90 INVENTORY 3,004.00 Total TOTAL INVENTORY 3,004.00 Total CURRENT ASSETS 3,783,612.39 NET FIXED ASSETS VEHICLES 463,868.57 FURNITURE & FIXTURES 172,758.15 SILVIA PROPERTY 757,856.66 MACHINERY & EQUIPMENT 3,574,998.66 Total FIXED ASSETS 4,969,482.04 ACCUMULATED DEPRECIATION -3,203,372.47 Total NET FIXED ASSETS 1,766,109.57 OTHER ASSETS SECURITY DEPOSIT 4,566.28 OTHER DEPOSITS 10,223.17 REFUNDABLE DEPOSITS -6,340.00 Balance Sheet Page 2 SILVIA CONSTRUCTION, INC. 5/17/0610:22 5/17/2OO6 Company: LO For Mar, 2OO6 Assets Total DEPOSITS 8,449.45 ORGANIZATION COSTS 3,778.86 ACCUMULATED AMMORTIZATION -3,778.86 Total NET ORGANIZATION COSTS 0.00 Total OTHER ASSETS 8,449.45 PREPAID INSURANCE 275,715.41 Total Assets 5,833,886.82 Liabilities and Equity TOTAL LIABILITIES ACCOUNTS PAYABLE 1,765,436.74 RETENTIONS PAYABLE 116,659.55 ACCRUED INSURANCE 422,603.98 Total TOTAL ACCOUNTS PAYABLE 2,304,700.27 ACCRUED SALES TAX 1,823.58 ACCRUED 401 BENEFITS 2,663.91 Total ACCRUED EXPENSES 4,487.49 FEDERAL WITHHOLDING TAXES 309,646.24 FICA(SOCIAL SECURITY) 417,937.78 STATE WITHHOLDING TAXES 119,894.07 SDI/SUI 28,004.09 FUI (FEDERAL UNEMPLOYMENT) 6,009.86 FEDERAL PAYROLL DEPOSITS -725,046.59 STATE PAYROLL DEPOSITS -149,314.86 FUTA DEPOSITS -3,497.71 UNION PAYABLE-LABORERS 22,550.85 UNION PAYABLE-OTHERS 11,371.27 UNION PAYABLE-OPERATORS 29,897.82 GARNISHMENT PAYABLE 1,417.56 SAVINGS/LEE WENTWORTH 100.00 Total PAYABLE WITHHOLDING 68,970.38 BILLINGS IN EXCESS OF COSTS 292,281.54 Total BILLINGS IN EXCESS OF COSTS 292,281.54 NOTES PAYABLE-CURRENT Total CURRENT NOTES PAYABLE Balance Sheet SILVIA CONSTRUCTION, INC. 5/17/2OO6 For Mar, 2OO6 Liabilities and Equity 311,459.70 311,459.70 Page 3 5/17/06 10:22 Company: LO Total DEFERRED EXPENSES Total CURRENT LIABILITIES N/P CITICAPITOL - NEW PAVER N/P CITICAPITOL - 102 N/P CITICAPITOL-2004 F-350 N/P CITICAPITOL/ROADTEC N/P CITICAPITOL/EQ. N/P CITICAPITOL/2004 EXCURSION N/P ASSOCIATED COMMERCIAL/SKIP 2000 FORD 350/GE LEASE N/P ORANGE BUS. BANK N/P ORANGE CO. BUS./PROPERTY NOTE PAYABLE/BEN DAY LESS CURRENT PORTION Total LONG TERM LIABILITIES Total TOTAL LIABILITIES 0.00 150,095.94 13,174.33 25,551.50 378,291.21 30,284.37 25,541.08 63,848.92 -186.69 69,775.47 598,071.49 80,670.01 -311,459.70 2,981,899.38 1,123,657.93 4,105,557.31 STOCKHOLDER'S EQUITY TOTAL STOCKHOLDER'S EQUITY COMMON STOCK Total PAID IN CAPITOL 222,074.00 222,074.00 RETAINED EARNINGS PRIOR YEAR RETAINED EARNINGS S. CORP DISTRIBUTIONS 33,185.92 1,617,869.59 -144,800.00 Total RETAINED EARNINGS 1,506,255.51 Total TOTAL STOCKHOLDER'S EQUITY Total Liabilities and Equity 1,728,329.51 5,833,886.82 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) 2006 PAVEMENT OVERLAY PROJECT CONTRACT NO. 3667-13 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address of the Employer "PLEASE SEE ATTAC Name and Phone No. of Person to Contract rlED SHEETS" Type of Work Amount of Contract Revised 10/08/03 Contract No. 3667-13 Page 23 of 107 Pages COMPLETED PROJECTS PROJECT NAME/OWNER CONTRACT AMOUNT $1,566,832.00 DATE COMPLETED January, 2006City of Banning 99 East Ramsey Street Banning, CA 92220 AC Overlay, Pavement Rehabilitation & Sidewalk Improvements Various Streets, Project No. 2005-01 (909)922-3105 (909)922-3141 Fax Robert Estrada City of Riverside $1,329,253.00 January, 2006 3900 Main Street Riverside, CA 92522 Minor Street Rehabilitation, Phase II2004-2005, Bid No. 6300 (951)826-5805 (951) 826-5542 Fax City of Riverside $2,031,925.00 January,2006 3900 Main Street Riverside, CA 92522 Rehabilitation of Arterial Streets 03/04 City Funded Project - Bid no. 6243 (951)826-5805 (951) 826-5542 Fax AbeMasoud $ 298,918.00City of South El Monte 1415 North Santa Anita Avenue South El Monte, CA 91733 Resurfacing of Michael Hunt Drive and Merced Avenue, STPL-5352(006) 1626) 579-6540 (626) 579-2509 Fax George Castillo, Engineer December, 2005 -.tyofTemecula $ 709,568.39 43200 Business Park Drive Temecula, CA 92589 2005/2006 Ynez Road Pavement Rehabilitation, Project No. PW0412 December,2005 JOB DESCRIPTION C&B, CAB, cold milling, AC Overlay, Heater- Remix, berms, R&R w-meters, w-valves, manholes, cleanouts,R&R curb >tr, x-gttr, spandrel, striping, legends,retain wall, wall, parkway drain, s-walk ramps,drive apprh. R&R trees, traffic control mob,R&R AC, ARHM, c&b, retain curb, R&R (C&G, s-walk, w/c ramp, x-gttr, Dr. apprch, coldmilling, crack repair, adj mh, swr cleanout,w-valve, w-gate, loops marker, striping R & R AC, ARHM-OG,, R&R PCC- C&G, Retain. Curb,Bus Pad,Sidewalk,. Ramps, X-Gutter, Drive Apppr., Cold Milling, Crack fill&repair,Manholes, watervales,watergate,loops,makers,stripmg coldmilling, ARHM, R&R ramps, curb/gutt, R&R AC, manhole/water valves, loops, striping, markings relocate stop sign. mob, survey, traff. Control, NPDES Comply, cold milling, ARHM, R&R AC, w-valves, manholes, loops, striping, legends City of South El Monte $ 298,918.00 1415 North Santa Anita Avenue South El Monte, CA 91733 Resurfacing of Michael Hunt Drive and Merced Avenue, STPL-5352(006) (626) 579-6540 (626) 579-2509 Fax George Castillo, Engineer December, 2005 $ 394,605.50City of Highland 27215 Base Line 27215 Base Line Highland, CA 92346 Year 2004/2005 Overlay Project, Project No. 2004-06 Street Improvement Plans (909) 864-6861 (909) 862-3180 Fax December, 2005 City of San Buenaventura $ 934,437.00 501 Poli Street Ventura, CA 93001 Varsity Street Neighborhood Repaying, Specification No. 2005-03 (805)658-4789 (805) 641-2775 Fax ThangTran $ 170,136.80 December, 2005 October, 2005City of Hawaiian Gardens 2\815 Pioneer Boulevard waiian Gardens, CA 90716 otreet Resurfacing on Various City Streets, Fiscal Year 2004/2005 (562) 908-6200 (562) 695-2120 Fax Steve Steinbrecher, Projt Mgr./Willdan cold milling, ARHM.R&R ramps, curb/gutt, R&R AC, manhole/water valves, loops, striping, markings relocate stop sign. coldmilling, crackseal, R&R AC base R&R-(limit line, stop legend) R&R-(driveway, x-gtn ramps, curb, gttr) Tree Removal, high spot grind, install Blue RPM's mob, traffic control, SWPP, adj. manholes, w-valves. curb & gutter, root barrier, s-walk, driveway, ramps, x-gttr, coldmilling, R&R AC, pulverize, striping cold milling, ARHM, R&R curb&gutter ramps, x-gutter, R&R AC, Manholes, Water meter, Striping Completed Projects Page 2 PROJECT -~AME/OWNER v^ity of Port Hueneme 250 N. Ventura Road Port Hueneme, CA 93041 Bard Road Resurfacing, #355309 (805) 986-6589 (805) 986-6565 Fax CONTRACT AMOUNT $ 226,932.15 Mamerto A. Estepa Jr. $ 2,642,982.00 DATE COMPLETED October, 2005 October, 2005City of Lakewood 5050 North Clark Avenue Lakewood, CA 90712 Major & Local Street Rehabilitation, CDBG -2005, Public Works Project #05-03 (562) 866-9771 Ext. 2502 (562) 886-0505 Fax Max Withrow City of Calabasas $ 490,151.00 26135MureauRoad Calabasas, CA 91302 Annual Citywide Rubberized Overlay, Specification No. 04-05-04 (818)878-4242x224 (818) 878-4205 Fax ElainCamia $ 1,408,042.00 September, 2005 JOB DESCRIPTION mob, cold milling, ARHM, CAB R & R AC, V-boxes, fog seal, striping, markers R&R concr x-walk, x-gttr, w-valves, manholes mob,ab,AR4000, coldmill, crackfilling, ARHM, sidewalk, curb/gutter, driveway, alley, ADA ramp,Thermoplastic striping, Markers, loops, manhole cold milling, R&R AC, ARHM, R/A Manholes, watervalves, traffic control, Signing, Striping & Loops September, 2005City of West Covina 1444 W. Garvey Avenue, South West Covina, CA 91793 Street Rehabilitation Work, Asphaltic Concrete Overlay - Various Locations Citywide, Project No. SP-05108 (626)939-8425 (626) 939-8660 Fax Oscar Caplin cold milling, ARHM, R&R curb/gutter, sewer manholes, R&R sidewalk, striping, markers, legends (thermoplastic/paint) $ 138,188.00City of Rancho Cucamonga 10500 Civic Center Drive ""^•rncho Cucamonga, CA 91730 pphire Street Pavement Rehabilitation from 19* street to Banyan Street (909) 477-2700 (909) 477-2849 Fax Richard Oaxaca, Eng. Tech. July, 2005 $ 255,287.15 July, 2005City of Ontario 303 East "B" Street Ontario, CA 91764 Etiwanda Avenue From Jurupa Avenue to Santa Ana Avenue, Project No. 0405-11 (909)395-2108 (909) 395-2070 Fax Mark A.Mc Avoy, Assoc. Eng. City of San Buenaventura $ 1,038,594.00 501 Poli Street Ventura, CA 93001 MacKay Neighborhood Repaying Project, Specification No. 2004-21 (805)658^789 (805) 641-2775 Fax ThangTran July, 2005 City of Glendora 116 E. Foothill Boulevard Glendora, C A 91741 Viceno Avenue Street Improvement (626) 914-8245 (626) 914-9053 Fax $ 149,927.74 May, 2005 Carlos A. Gutierrez, Eng. Tech/Prjt. Coordinator $ 252,777.40 May, 2005City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Hermosa Ave. St. Widening & Pavement Rehab. (Highland - Banyan) J909) 477-2740 (909) 477-2849 Fax Richard Oaxaca, Eng. Tech. $ 108,158.64 May, 2005 6330 Pine Avenue Bell, CA 90201 Chanslor Ave., AC Overlay (Gage - Southall) Project # 04-525-3737-0991 (3231588-6211 (3231771-9473 fax Luis Ramirez clear/grub, ARHM, AC, coldmilling, Manholes, striping, markings, loops, Measure I Notif. Sign, Traffic control clear/grub, cold milling, ARHM R&R P.C.C x-gutter, spandrel, curb, drive way App., ramps, constr. block slough wall, loops, manholes, traffic control, mob, traffic control, SWPP, Access ramps sewer/storm drain, manhole/cleanout,wate valves, R&R AC, pulverize/treatment, striping, marking, curb/gutter, X-gutter, driveway, root barriers Traffic Control, R&R AC., CAB, Manholes Ramps, R&R curb/gutter X-gutter, spandrel, Tree/stump Remove clear&grub., unclass excav., CA, AC Pave cold milling, Manholes F&C, water valves ARHM,curb/gutter sidewalk, drive appr. retain. Curb., R&R wood fence, traffic signing, striping, marking clear&grub, excav.&fill, (compact) R&R AC, R&R-(curb/gutter, sidewalk, driveway ,local depression, ramps,x-gut., manhole & water valves-grade, striping, Markine. aoourtenances Completed Projects Page 3 PROJECT *HME/QWNER CONTRACT AMOUNT $ 744,326.00City of Industry 1565 IE. Stafford Street City of Industry, CA 91744 Gale Ave. & Bixby Dr., Resurfacing, Project #341, Contract No. CITY-1341 (626) 333-2211 (626)961-6795 fax John D. Ballas, Agency Engineer DATE COMPLETED May, 2005 $ 704,134.70 May, 2005City of San Gabriel 425 South Mission Drive San Gabriel, CA 91776 04/05 Millennium Miles Ph, IV, St. Improve On Var, St's, CC204-08, CDBG No. 600666-04 (626)308-2806 (626) 458-2830 fax Bruce Mattern, P.E. City of Riverside $1,571,149.00 May, 2005 3900 Main Street Riverside, CA 92225 Minor St. Rehab. Phase III, 03/04 & Misc. Construction, Bid No. 6194 (951) 826-5805 (951) 826-5542 Fax Abe Masoud, Assoc. Eng. City of Paramount $ 189,510.00 April, 2005 16400 Colorado Avenue Paramount, CA 90723 St. Resurf. On Various City St;s FY 04/05, City #9534, CDBG No. 710-01 (562)220-2000 (562) 630-6731 Fax Christopher Cash 'ty of Paramount AQO Colorado Avenue Paramount, CA 90723 St. Resurf. On Paramount Blvd. (Jackson (562) 220-2000 (562) 630-6731 Fax $ 326,320.50 Alondra) City #9530 Christopher Cash $1,072,028.84 April, 2005 April, 2005City of Riverside 3900 Main Street Riverside, CA 92225 Rehabilitation of Arterial Streets 2002/2003 Fed. Aid PrjtNo. STPL-5058(071), BidNo.6055 (951) 826-5805 (951) 826-5542 Fax Abe Masoud, Assoc. Eng. City of San Buenaventura $ 834,849.00 501 Poli Street Ventura, CA 93001 Fremont St. Neighborhood Repaying, Spec. # 2004-14 (805)658-4789 (805)641-2775 Fax ThangTran $ 157,325.90 February, 2005 City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Arrow Route Street Improvements (Archibald — Hermosa) (909)477-2740x4057 (909 )477-2849Fax Richard Oaxaca, Eng. Technician February, 2005 of Arcadia $ 404,135.06 blic Work Services Department .1800 Goldring Road P.O. Box 60021 Arcadia, CA 91066 2003/2004 Annual Asphalt Concrete Overlay and Reconstruction (626^ 256-6554 (626) 359-7028 Mark Rvnkiewicz. P.E. January, 2005 JOB DESCRIPTION AC pave., unclass excav.,R&R-(curb/gutter, drive.,sidewalk V-gutt) coldmilling, CAB, sewer MH-F&C,WV-grade,video detector myers backup batt., loops, SWPP mob&demo,traffic controlunclass excav, coldmillin; AC base, ARHM,curb/gttr,x-gttr, ramps, dr.appr., loops,manholes, water vales.striping. marking mob, R&R A.C., ARHM-GG, concrete (sidewalk, drive app., curb, curb&gutter, ramps, x-gutter,spand) coldmilling, manhole /sewer,cleanout, water valve, water gate, loops, markers, unclass excav., CAB, HOPE pipe, stamped concrete coldmilling, ARHM, R&R-(curb/gutter, walk,drive speed hump, ramp) manhole F&C crackfilling, striping, loops. coldmilling, ARHM, R&R stamp/color concrete,-(x-walk, sidewalk, ramp) R&R (walk, bus pad, curb/gutter) pull box-grad< manhole F&C-grade,R&R water valves, Crackfilling, signing, striping, signal mob., R&R A.C., ARHM-GG, R&R concrete,(retain curb, bus pad, sidewalk, ramps x-gutter, drive app.)coldmillng, Crack fill & repair,sewer/storm drain covers R&R water valve box/cover, water gate, adjt. water/electric manholes, loops, markers striping, UPRR x-ing mob,traffic control,misc.removals, SWPP,sewer MH, cleanouts,WV,drains, monuments,rootbarriers,C/G,S-walk,driv4 Appr.,1,11 & D W/C ramps,X-gutter,cold- milling, L-course,striping, loops clear&grub, R&R Asphalt concrete, cold milling, ARHM, R&R concrete, CAB, manholes, water/gas valves, loops, striping, pave. Markings traffic control signage, crackseal pavement prep. R&RA.C., ARHM-GG-C, Cold Milling, mob.crackseal, cmb,manholes, water valv< shoulder backing,sub-grade, loops, stripinj markings and markers Completed Projects Page 4 PROJECT "ME/OWNER CONTRACT AMOUNT $ 418,646.00 DATE COMPLETED January, 2005City of Agoura Hills 30101 Agoura Court, Suite 102 Agoura Hills, CA 91301-4335 FY 2004-2005, Street Resurfacing Project, N.I.B. 04-05 (818)597-7300 (818) 597-7352 Fax Ken Berkman/Ramiro Adeva, Asst. Eng. City of Carlsbad $ 2,924,901.35 January, 2005 1635 Faraday Avenue Carlsbad, CA 92008 Contract No. 3667-9,2004/05 Pavement Overlay Project (760) 602-2430 (760) 602-8553 Fax Conrad "Skip" Hammann City of Santa Monica $ 318,207.00 January, 2005 City Engineer, Project Development Group 1918 Main Street Santa Monica, CA 90401 FY 2003-2004 Federal Street Improve, project (IV), Fed. Prjt # STPL-5107(014), SP-1947 (310) 458-8721 (310)393-4425 Fax Antonio Shaibani, P.E. JOB DESCRIPTION cold milling, ARHM, Rout/fill cracks, R & R AC, R&R speed humps, signage, striping & marking, loops, Traffic Control mob., cold milling, R&R A.C.,leveling ARHM, Fabric,Grind &Patch,Crack fill, Manholes, Valves, Monuments, R&R-curb gutter-drive aprons, sidewalk,storm apron, ped. Ramp,x-gutter,spandrel, curb inlet, striping, marking, legends, loops, video Detectors R&R AC/base,ARHM, Emul AGG Slu, Stamped Sidewalk, R&R Sidewalk, manhole, loop, striping $ 101,174.00 January, 2005 Remove & Replace concrete, wheelchair ramps City of Riverside 3900 Main Street Riverside, CA 92522 Downtown Wheelchair Ramps-PH. II, Brockton Ave. at First & Second St's, Chestnut St at First & Sixth St's, Fairmount Blvd.-First to Sixth St's (909) 826-5591 (909) Daniel Simmons $ 163,607.00 January, 2005ty of Banning 99 E. Ramsey Street Banning, CA 92220 Reconstruction of Wilson Street From Highland Home Road to Mountain Avenue (909) 922-3105 (909) 922-3141 Fax Robert Estrada $ 474,460.50 December, 2004City of San Gabriel 425 South Mission Drive San Gabriel, CA 91778-0130 Street Rehabilitation of San Gabriel Boulevard,(Las Tunas Dr. to Longden Ave.) STPL-5217(005), Cash Contract NO. 2003-03 (626) 308-2800 Ext. 715 (626) 458-2830 Fax Bruce Mattern, P.E., T.E., City Engineer mob/demo, cold milling, crack seal, R&R AC/AB, ARHM, unclas. excav., R&R curb, driveway appr, ramps, sidewalk, alley, gutters, manhole, water valve, tree well, striping, loops, traffic control $ 1,389,721.43 November, 2004City of Camarillo 601 Carmen Drive Camarillo, CA 93010 ST-03-05-Xtra Work-2003/2004 Annual Overlay Program (805)388-5345 (805) 388-5387 Fax Sonny Murillo, Capitol Projects Engineer City of Port Hueneme $ 518,642.90 250 N. Ventura Road Port Hueneme, CA 93041 Channel Island Blvd. & Ventura Rd. Pavement Rehab. (805) 986-6589 (805) 986-6565 Fax Mamerto A. Estepa Jr. ^Riverside County $ 461,174.35 •ansportation Department . J80 Lemon Street, 8th Floor Riverside, CA 92501 Woodcrest Area Resurfacing & reconstruction, Project # X0307 (909) 955-6780 (909) 955-3164 Fax November, 2004 October, 2004 Clear & Grub,R&R AC, Agg. Base, Excavation, Curb & Gutter, AC Dike, X-gutter, Driveway Appr. Overside Drain; Thermo Markings, Develop water supply Traffic Control Completed Projects PageS PROJECT - "4ME/OWNER CONTRACT AMOUNT $ 482,619.00City of Ontario 303 East "B" Street Ontario, Ca 91764 Benson Avenue, Pavement Rehabilitation, contract No. 0304-05 (909) 395-2000 (909) 395-2070 Fax Bill Braun $ 1,046,584.00 DATE COMPLETED October, 2004 JOB DESCRIPTION October, 2004City of Riverside 3900 Main Street Riverside, CA 92522 Minor St. Rehab, Ph 12003/04 Downtown Wheelchair Ramps and Indiana Avenue Improvements, Bid No. 6151 (909)826-5341 (909) 826-5542 Fax TimCianci $ 775,885.00 October, 2004City of Banning 99 E. Ramsey Street Banning, CA 92220 A.C. Overlay, Pavement Rehabilitation and Sidewalk Improvements on Various Streets, Project No. 2004-03 (909) 922-3105 (909) 922-3141 Fax Robert Estrada $ 717,646.00 October, 2004City of Banning 99 E. Ramsey Street Banning, CA 92220 Pavement Rehab. & Security Improvements at Banning Municipal Airport, Project No. 2003-13 (909)922-3105 (909)922-3141 Fax Robert Estrada City of San Buenaventura $ 957,699.00 "n Poli Street jntura, CA 93001 Bryn Mawr Area Street Resurfacing, Specification No. 2003-18 (805)658-4789 (805) 641-2775 Fax ThangTran September, 2004 R&R AC,ARHM,Cold Mill,ARAM, R&RC&G,X-Gut, Ramps, Loops, Root Barriers,Sidewalk&Parkway Riverside County Transportation Department 4080 Lemon Street, 8* Floor Riverside, CA 92501 Clinton Keith Rd., Project #63-0685 (909) 955-6780 (909) 955-3164 Fax $ 152,663.65 Hugh Smith $1,840,768.32 September, 2004 September, 2004City ofCamarillo 601 Carmen Drive Camarillo, CA 93010 ST-03-05,2003-04 Annual Overlay Program (805) 388-5340 (805) 388-5387 Fax Sonny Murillo, Capitol Projects Engineer R&R AC, ARHM, Fabric,Cold Milling, R&R C&G, Sidewalk,X-Gut.,Ramps, Manholes, WaterValves,Sewer,Gas Covers Utili. Box, Survey Monument,Root Remov« Loops,Strip&Mark,Digouts, Traffic Control, SWPP, Unclass., Excava. City of Santa Clarita $1,619,472.91 23920 Valencia Boulevard, Ste. 300 Santa Clarita, CA 91355-2196 Annual Overlay Program, Project No.'s M0021 and M0035 (661) 255-4933 (661) 254-3538 Fax Troy A. Spayed June, 2004 $ 543,635.75 03/10/04-04/20/04 May, 2004City of Bel) Gardens ,8327 Garfield Avenue ill Gardens, CA 90201 otreet Resurfacing on Various City Streets, Fiscal Year 2003-04, CDBG Fund No. 600541-03 (562) 806-7774 (562) 8066-7789 Fax Anne Zaworski, Project Manager Completed Projects Page 6 PROJECT -"^ME/OWNER CONTRACT AMOUNT $1,080,401.65 DATE COMPLETED May, 2004 JOB DESCRIPTION City Riverside 3900 Main Street Riverside, CA 92522 Minor Street Rehab., Phase III, Curb & Gutter Repair Citywide 2002/2003 & Third Street Median Construction @ UPRR Crossing (909) 826-5341 (909) 826-5542 Fax City of Ontario Ferrari Corp. c/o City Commercial Management P.O. Box 548 Rancho Cucamonga, CA 91729 Concours/Ferrari Street Improvements (909) (909) Tim Cianci $ 353,214.34 May, 2004 $ 335,643.10City of Fontana 8353 Sierra Avenue Fontana, CA 92335 CDBG Residential Street Pavement Rehabilitation, No. SB-08-04 (909)350-6644 (909) 350-6709 Fax Keith Kramer $ 469,738.00 April, 2004 February, 2004City of West Covina 1444 West Garvey Avenue West Covina, CA 91793 Street Rehabilitation Work, Asphaltic Concrete Overlay, Various Location Citywide, Project No. SP-04108 (626) 814-8433 (626) 814-8477 Fax Oscar Caplian <ty of Rancho Cucamonga $ 75,865.00 10500 Civic Center Drive Rancho Cucamonga, CA 91729 Haven Avenue Pavement Rehabilitation (Alt) (909)447-2740 (909) 477-2746 Fax Richard J. Oaxaca City of Rancho Cucamonga $ 278,938.00 10500 Civic Center Drive Rancho Cucamonga, C A 91729 Arrow Route Pavement Rehabilitation (Haven to Milliken) (909)447-2740 (909) 477-2746 Fax Richard J. Oaxaca City of Palos Verdes Estates $ 266,683.75 340 Palos Verdes Drive West Palos Verdes Estates, CA 90274 2003 Citywide Overlay Project (310)378-0380 (310)378-7820 Fax Wendy Proulx City of Corona $1,068,973.00 400 South Vicentia Avenue Corona, CA 92882-2187 2002/2003 Major Pavement Rehabilitation - (18-503) (909)736-2400 (909) 279-36217 Fax Steven Enna February, 2004 February, 2004 February, 2004 Mob., Street Patch, Cold Plaining, R&R AC, Fabric, Adj. Manholes, Striping AC Berm. February, 2004 City of San Buenaventura _501 Poli Street ',ntura,CA 93001-2697 ^nperial Neighborhood Repaying (805) 654-7767 (805) 641-2775 Fax $ 708,394.00 Michael Lapraik February, 2004 Completed Projects Page? PROJECT -^ME/OWNER CONTRACT AMOUNT $ 156,637.00 DATE COMPLETED February, 2004City of Lynwood 11330BullisRoad Lynwood, CA 90262 Street Improvement Long Beach Blvd., Project No. 05-5266 (310)603-0220 (310) Elias Saikaly City of Riverside S 761316.05 February, 2004 3900 Main Street Riverside, CA 92522 2003/2004 Minor Street Rehabilitation Phase I (909) 826-5805 (909) 826-5542 Fax Abe Massoud, Assoc. Engineer City of Orange 300 E. Chapman Orange, CA 92866 TCRF Street Rehabilitation (714) 744-5544 (714) 744-5573 Fax $ 219,719.50 Alan Troung $1,011,013.00 January, 2004 January, 2004City of Banning 99 East Ramsey Street Banning, CA 92220 Project No. 2003-05, "AC Overlay, Pavement Rehab.& Sidewalk Improvements on Various St. (909) 922-3105 (909) 922-3141 Fax Robert Estrada of Carlsbad $2,149,399.00 ~'35 Faraday Avenue orlsbad, CA 92008 2003/2004 Street Overlay, Project No. 3667-7 (760) 602-2560 (760) 602-8553 Fax Skip Hammann, Engineer January, 2004 City of Moreno Valley $ 1,449,274.81 14177 Frederick Street Moreno Valley, CA 92552 02/03 Annual Pavement Resurfacing Program (909)413-3132 (909) 413-3170 FAX Public Works January, 2004 JOB DESCRIPTION Mob., Cold Planing, AC Pavement, ARHM, R&R Curb &Gutter, X-Gutt.,Drive Appr., Retain Curb,Sidewalk, Ramps,Crack Repair, Adj. Manholes, W.V's, Slip Cans, Backfill. Clear & Grub, C/P, AC Overlay, HR, Adj. W.V., Manholes, Sewer Cleanouts, striping AC Berm, R&R (Curb&Gutter, X-gutter, Sidewalk, Drive App., Ramps), Tree Grind, Signage, Retain Wall, Backfill Agg Base Mob. Pub. Notice, Crack fill, R&R AC, Fabric, Agg. Base, ARHM, Cold Plaining, Sewer & Storm Drain manholes, W.V, Monument Boxes, Video Dect, Loop Dect., Markers, Striping, Legends, R&R Curb & Gutter, X-gutter, Spandrel,Drive App., Sidewalk,and Ramps, Stamp Concrete, Landscape, Drain Box, Drain Lines, Root Barriers, Traffic Control clear & grub, R&R AC, C/P, fabric, Adj .,water/V,Gas/V,Manholes,Loops, Monitor well, Signage,Striping,x-gutter, Pull boxes,crack seal,w/p control plan, Steel conduit, T.C. City of Thousand Oaks $2,176,480.00 October, 2003 ARHM, AC, Tack, Cold Plaining, Adj. 2100 Thousand Oaks Boulevard Manholes, W.V's, Sewe Cleanouts, Signagt Thousand Oaks, CA 91362 Traffic Control, School Coordination. Placement of AC & ARHM, St. Overlay & Curb Ramp Improvement-CMOS 1 & CI4032-STPL5392(020) (805 449-2400 (805) 449-2475 Manuel Alvarez, Sr. Civil Engineer City of San Buenaventura $ 1,165,332.00 501 Poli Street CA 93001-2697 Thompson Boulevard Resurfacing-STPL-5026(028), Specification No. 2003-05 (805)654-7767 (805)641-2775 Fax Michael Lapraik October, 2003 05/19/03 to 10/20/03 """'tty of San Buenaventura A Poli Street X-tra Work Ventura, CA 93001-2697 Total: Wolverton/Cheshire ASM (200219A) (805) 654-7767 (805) 641 -2775 Fax $ 669,834.40 $ 41,014.50 $ 710,848.90 Michael Lapraik October, 2003 08/03 to 10/03 Mob.,SWPPP,C/P,ARHM,R&R AC Pave. R&R(Curb&Gutter,Driveway & Ventura, Parkingway) Adj Manholes & W.V,Loops, Striping,Markings, Signage,Pullboxes,Pull Boxes,Root Barriers, Traffic Control Mob., R&R AC, Agg. Base, SWPPP, C/P ARHM, ARAM, Backfill,R&R(Curb & Gut Sidewalk, Ramps), Traffic Control,Tree Removal, Root Barriers Completed Projects PageS PROJECT -"^ME/OWNER CONTRACT AMOUNT $ 313,773.15City of Upland 460 North Euclid Avenue Upland, CA 91786 2002/2003 Citywide Street Overlays, Bid No. 2003-22, Project 3517 (909) 931 -4246 (909) 931 -9923 Fax Bob Critchfield, Assoc. Engineer DATE COMPLETED July, 2003 City of Monrovia $ 139,780.00 415 W. Ivy Avenue Monrovia, CA 91016-2888 2001/2002 Street Resurfacing Program (C2890) (626) 932-5550 (626) 359-8507 Fax City ofCamarillo $2,481,566.41 601 Carmen Drive Camarillo, CA 93010 2002/2003 Annual Overlay Program, ST-02-35 (805) 388-5345 (805) 388-5387 Fax Sonny Murillo July, 2003 City of San Marino 2200 Huntington Drive San Marino, CA 91108-2691 Los Robles Pavement Rehabilitation Project (626) 300-0700 (626) 300-0709 City of Bell Gardens 7100 Garfield Avenue ' >11 Gardens, CA 90201-3253 ^d-eet Resurfacing (60035502) (562) 805-7700 (562) 806-2270 Fax $ 385,194.20 Matthew Ballantyne $ 365,589.00 July, 2003 04/10/03 to 06/17/03 July, 2003 June, 2003 $ 943,526.00 June, 2003City of San Gabriel 425 South Mission Drive San Gabriel, CA 91776 02-03 Millennium Miles PH III, St. Improvements on Various (626) 308-2800 Ext. 715 (626) 458-2830 Fax Bruce Mathern, P.E., City Engineer City of Claremont 207 Harvard Avenue Claremont, C A 91711 Resurfacing of Arterial Streets (909) 399-5482 (909) 399-5327 Fax $ 723,162.00 Vince Ramos, $3,171,790.00 June, 2003 City of Long Beach 333 W. Ocean Boulevard Long Beach, CA 90802 Sidewalk Repairs, Curb Ramps & Related Improvements (R6595) (562) 570-6555 (562) 570-5176 Fax Frank Kazmar June, 2003 City of Corona $ 227,556.00 June, 2003 815 W.6m Street Corona, CA 92882-3238 Green River Road Widening, Project No. 35-1001 (909) 739-4815 (909) Steven Enna, Associate Engineer City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Mango Avenue, Street Improvements $ 489,839.76 June, 2003 JOB DESCRIPTION Cold Planing, AC Pavement, R & R Curb & Gutter, Drive Appr.,Manholes, WV's Loop Detect., Traffic Control, Striping, Markers, Markings, Legends. Cold Plaining, Heater Remix, Patching, Adj. Manholes & W.V's, Curb&Gutter, Traffic Control, Striping, Survey AC Pave, AR4000, ARHM, C/P, AC Pulverize & Grade, AC Stabilization, Keycut, Digouts, R&R(Gutter, Alley App., Sidewalk, C&G, Driveways) Root Removal, Root Prune, Manholes W.V.'s, Sewer Main, Cold Mill, Crack Seal, Fabric.T.C., AC Overlay, Patch, Manholes Loops, Striping Legends, Markers R&R (sidewalk,driveway,ramps,x-gutter curb&gutter), paint curb, gas V., Pullbox, W.V.,survey Mont, survey bench,curb drain cold mill, root/tree prune, tree removal mob.,T.C., NPDE's comp. R&R AC,class II base,Cold Mill.,overlay, header, pullboxes R&R(curb, headwall)conduit, storm drain, Thermo. Striping, signage, delinators, R&R (striping, markings,markers) excavation, slope,grdrail,triple.beam barrier,app anchor clear&grub, R&R AC Pave., cold milling ClassII base, (R&R Dike, x-gutter, sidewalk, Driveway ,drainage,ramps),Valves,Manhole soil prep., R&R Trees, root barriers, sod, Completed Projects • Page 9 PROJECT '-MAME/OWNER CONTRACT AMOUNT $ 554,792.50City of San Gabriel 425 South Mission Drive San Gabriel, CA 91776 02-03 Millennium Miles PHII, St. Improvements on Various, C.CJ2002-03 (714)973-2263 (714) 973-2263 Fax KamranSader DATE COMPLETED March, 2003 City of Bell Gardens 7100 Garfield Avenue Bell Gardens, CA 90201-3253 Street Resurfacing (60029501) (562) 806-7700 (626) 806-7720 Fax $ 264,338.00 $ 888,144.54City of Lake Forest 23161 Lake Center Drive, Suite 100 Lake Forest, CA 92630 2001-2002 Street Resurfacing Improvements (949)461-3400 (949)461-3512 Fax Gene Foster CityofBurbank $ 362,536.00 301 E. Olive Avenue Burbank, CA 91502 2002 G.F. Street Improvements Project N. 1116 (818) 238-5466 Bruce Feng City of West Covina $ 1,979,340.07 -1444 West Garvey Avenue est Covina C A 91793 Street Rehabilitation Project (SP02 111) (626)814-8433 (626) 814-8477 Fax Oscar Caplain Los Angeles County, Dept. Public Works $ 605,325.18 900 South Fremont Avenue Alhambra, CA 91803 La Cienega-RDCOO 15702 City of Inglewood One W. Manchester Boulevard Inglewood, CA 90301-1750 2002 Street Resurfacing Project (310)412-5333 (310) 412-5552 Fax $ 547,669.02 $ 222,660.00 March, 2003 March, 2003 March, 2003 March, 2003 March, 2003 March, 2003 JOB DESCRIPTION cold mill,AC pave,level&base,fabric, curb&gutter, driveway app, ramps, gutter plates,root prune, barriers.manholes, striping, loops, detectors, T.C. C/P, ARHM, R&R AC, backfill, slurry backfill,R&R(sidewalk, drive app.,ramp, curb,gutter,x-gutter,v-gutter,alley int. speed hump)manholes,striping,loops,signage, Survey. cold mill, R&R AC overlay, crack seal, manholes, water valve, survey Mont., monitoring well, loops, striping, x-gutter, excavation, blk slough wall, relocate St. sign CMB, Cold Milling, ARHM, Curb&Gutter, Sidewalk, Driveway, Manholes, Water Valves, Thermo-Striping, Marker&Reflector R&R, AC Pave,ARHM,C/P,R&R Concrete, Ramps, R&R (Sidewalk, C&G,) Manholes Survey Monuments, Loops, Striping,Legend Backfill, Slurry, T.C. Nitework BMPS, ARHM, Unclass. Ex., Concrete, Slurry Backfill, Curb&Gutter, X-Gutter, T-Mac,C/P, C.M.B., Manholes, Striping & Marking, Loops,Tree Removal Survey,Subgrade,Agg.Base, Slurry backfill, AC Pave.,C/P,Heater Remix, R&R sidewalk, curb/gutter, Alley/App, Drive/App., Manholes,Loops,R&RTree Traffic Control March, 2003City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, C A 917329 Etiwanda Avenue Grade Crossing Improvements at the BNSF and SCRRA Railroad Crossings (909) 477-2700 (909) 477-2849 Fax Richard J. Oaxaca Clear&Grub,Exc/Fill,C/P, AC, Concrete, R&R Trees, R-K-Rail, Mail Box, Signs, Water Meter, Boulders, Cobblestones, Sidewalk, Catch Basin, Headwall,Fence, Barricade, Grade Drive, Sewer Cleanouts Manholes,Striping, Marking, Parking Stops, Curb&Gutter,Drive/App,X-gutter CAB.,Step Waterline,Traf Control, Rail Insurance. $ 419,789.00 March, 2003City of Lynwood 11330BullisRoad "~ -nwood, CA 90262 .feet Improvements, Maiposa Lane, Cedar Avenue, Cortland Avenue and Louise Avenue (310) 603-0220 Elias Saikaly, Engineering Associate Completed Projects Page 10 PROJECT JSAME/OWNER CONTRACT AMOUNT $ 248,929.00 DATE COMPLETED City of Santa Monica $ 248,929.00 February, 2003 1685 Main Street Santa Monica, CA 90401 2001/02 Federal Street Improvements, #1889 (310) 458-8732 (31) 393-4425 Fax Alan Sheth, Project Manager $ 108,183.56 November, 2002Los Angeles County Department of Public Works 900 South Fremont Avenue Alhambra, CA 91803 Gladestone Street Resurfacing-Citrus Avenue to Cerritos Avenue (RDCOO13669) JOB DESCRIPTION B.M.P.'s, ARHM, C/P, Concrete, Loops, Manholes, T.C. November ,2002City of Monrovia $ 804,486.20 415 W. Ivy Avenue Monrovia, CA 91016-2888 2001/2002 Street Resurfacing Program (C2901) & (C-2822) (626) 932-5573 (626) 359-8507 FAX Jed Rizk, P.E. Senior Civil Engineer City of Westlake Village $ 296,749.00 31200 Oak Crest Drive Westlake Village, CA 91361-4643 Lindero Canyon Road Street Repair/Overlay STPL 5431(003) (818) 706-1613 (818) 706-1391 Fax John Knipe, City Engineer November, 2002 $ 354,405.80 November ,2002-City of Rancho Cucamonga '500 civic Center Drive Kancho Cucamonga, CA 91729 Local Street Pavement Rehabilitation/Overlay (909) 477-2700 (909) 477-2849 Fax Richard J. Oaxaca, Engineer Technician $ 313,174.00 November, 2002City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, C A 91730 Arrow Route Pavement Rehabilitation-Grove to Baker (909) 477-2740 (909) 477-2746 Fax Richard Jay, Public Works Inspec. Playa Phase I Commercial Land Company, LLC $5,545,280.38 12555 W. Jefferson Boulevard, Suite 200 Los Angeles, CA 90066 Playa Vista-Entertainment Media Technology Development Street Improvement (310)822-0074 Heater Remix, C/P, AC Overlay, Trench Patch, Manholes, W.V's, Loops, R&R( Curb&Gutter, Sidewalk, Ramps, Curb Drain, Monuments), Striping, T.C. AC Pave,ARHM,C/P,R&R(Curb&Gutter X-gutter) Manholes, W.V.'s, Joint Filler, Striping, Markers, T.C. ARHM, C/P, Manholes, Water/Gas valves, Water Meters, Traffic Control Clear & Grub, Unclass Exca., CAB, C/P, ARHM, AC Pave,Overlay, Manholes, W.V., Pullboxes,(R&R curb&Gutter, Sidewalk, Drive App.,Ramps, Cobblestone, Rock Wall Mailboxes,Sewer Cleanouts, Trees, Land- Scape,) Striping, Markers, Signage. T.C. City of Ontario $ 384,175.00 303 East "B" Street Ontario, CA 91764-4196 Fourth Street Pavement Rehabilitation, Contract No. 0102-02 (909)395-2129 (909) 395-2070 FAX BillBraun County of Orange $300,584.00 10 Civic Center Plaza Santa Ana, C A 92701-4014 -phalt Overlay Resurfacing/Slurry Seal-Craig Regional Park 14)567-6253 (714) 567-6340 Fax Robert Witting September 20,2002 Clear&Grub, Cold Mill, AC Rem. ARHM, ARAM, AC Base Course.CAB, Curb&Gutter,Sldewalk, DriveApproach, Spanderal,X-gutter,R&RTree,Manholes, Thermo. Strip & Markers, Loops,Water Valves September 20,2002 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) 2006 PAVEMENT OVERLAY PROJECT CONTRACT NO. 3667-13 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Revised 10/08/03 Contract No. 3667-13 Page 24 of 107 Pages ACORb CERTIFICATE OF LIABILITY INSURANCE Si^!D-i06 PRODUCER Rain tree Insurance Agency License #0557773 >°^9 North D Street Bernardino CA 92405 Vnone: 909-881-2654 INSURED Silvia Construction, Inc.9007 Center Ave.Rancho Cucamonga, CA 91730 DATE (MM/DD/YYYY) 06/30/06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Firemans Fund/ Interstate INSURER B: Nationwide Mutual Insurance Co INSURER c: Ace Property & Casualty INSURER D: INSURER E: NAIC# COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSK AUU'LLTR INSRD A B C X X TYPE OF INSURANCE GENERAL LIABILITY X X X COMMERCIAL GENERAL LIABILITY | CLAIMS MADE X j OCCUR CONTRACT PROTECT/ BROAD FORM PD POLICY NUMBER SGL1000209 XCU INCL. $5,000 DEDUCT. GEN'L AGGREGATE LIMIT APPLIES PER: 1 POLICY [x~l SECT I ILOC AUTOMOBILE LIABILITY X X X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXC Z] ESS/UMBRELLA LIABILITY OCCUR j CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER * 10 DAYS NOTICE FOR NON-PAYMENT ACP781195282 C44524855 OF CANCELLATION OF PREMIUM * POLICY EFFECTIVEDATE (MM/DD/YY) 07/03/06 07/03/06 07/03/06 POLICY EXPIRATIONDATE (MM/DO/YY) 07/03/07 07/03/07 07/03/07 LIMITS EACH OCCURRENCE UAMAGt 1 U KtIN 1 tL) PREMISES (Ea ocourence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT(Ea accident) BODILY INJURY(Per person) BODILY INJURY(Per accident) PROPERTY DAMAGE(Per accident) $ 1,000,000 $ 50,000 % Excluded $ 1,000,000 s 2,000,000 $ 1,000,000 $ 1,000,000 $ $ $ AUTO ONLY - EA ACCIDENT ! $ OTHER THAN EA ACC ! $ AUTO ONLY: AQG ; $ EACH OCCURRENCE $ AGGREGATE „ WC STATU- OTH- X TORY LIMITS ER E.L. EACH ACCIDENT $ $ $ $ $ 1,000,000 E. L. DISEASE - EA EMPLOYEE! $ 1,000,000 E.L DISEASE - POLICY LIMIT $ 1,000,000 Re: 2006 Pavement Overlay Project, Bid* PWS06-27ENG, Project* 3667-13 City of Carlsbad, its officials, employees and volunteers are named as Additional Insured with respects to General and Auto Liability. Coverage is Primary and Non-Contributing. CERTIFICATE HOLDER CANCELLATION CARLS-1 City of Carlsbad Public Works/Purchasing Dept Attn: Kevin Davis 1635 Faraday Ave. Carlsbad, CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLMMMMMt MAIL * 3 0 DAYS WRITTEN HWplUWWWH AUTHORIZED REPRESENTATIVE *C--^ \ — /-T! si/ J i i A X Jt fa~JI *\s *-</C— x_^<_jt — /\_ <J^C-<_--tyL-'»A^/ ACORD 25 (2001/08)© ACORD CORPORATION 1988 POLICY NUMBER: SGL1000209 COMMERCIAL GENERAL LIABILITY Silvia Construction, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNER, LESSES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Carlsbad, its officials, employees and volunteers Re: 2006 Pavement Overlay Project, Bid #PWS06-27ENG, Project #3667-13 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as to applicable to this endorsement.) WHO IS INSURED (Section II) is amended to include as an insured the person or organization shown hi the schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. THE COMPANY FURTHER AGREES THAT THIS ENDORSEMENT IS SUBJECT TO THE FOLLOWING CONDITION: The insurance afforded by this policy for the benefit of the Additional Insured shall be primary insurance as respects Any claim, loss of liability arising out of work of the named insured for the description of work above. Any other insurance in which the additional insured is the primary named insured shall be excess and non- contributory with the insurance provided hereunder when both insurances are applicable to a loss. CG 20 10 10 93 Copyright, Insurance Services Office, Inc., 1992 POLICY NUMBER: ACP781195282 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form applies unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 07/03/06 Named Insured: Silvia Construction, Inc. Countersigned By: (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s) 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 the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc. 1998 Page 1 of 1 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) 2006 PAVEMENT OVERLAY PROJECT CONTRACT NO. 3667-13 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes X no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. N/A party debarred N/A agency N/A period of debarment N/A party debarred N/A agency N/A period of debarment BY CONTRACTOR: jft CONSTRUCTIONt JOSEPH W. SILVIA, PRESIDENT (print name/title) Page of 1 pages of this Re Debarment form Revised 10/08/03 Contract No. 3667-13 Page 25 of 107 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) 2006 PAVEMENT OVERLAY PROJECT CONTRACT NO. 3667-13 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 2) Has the suspension or revocation of your contractors license ever been stayed? X yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? X yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. N/A (If needed attach additional sheets to provide full disclosure.) Page _! of !.._.. pages of this Disclosure of Discipline form Revised 10/08/03 Contract No. 3667-13 Page 26 of 107 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) 2006 PAVEMENT OVERLAY PROJECT CONTRACT NO. 3667-13 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. N/A (If needed attach additional sheets to provide full disclosure.) /---?BY CONTRACTOR:/ SILV: name/cl Conti^blor) 1 iign here) JOSEPH W. SILVIA, PRESIDENT (print name/title) Page 1 of 1 pages of this Disclosure of Discipline form Revised 10/08/03 Contract No. 3667-13 Page 27 of 107 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 2006 PAVEMENT OVERLAY PROJECT CONTRACT NO. 3667-13 State of California ) ) ss. County of SAN BERNARDINto JOSEPH W. SILVIA (Name of Bidder) and says that he or she is PRESIDENT _, being first duly sworn, deposes (Title) Of SILVIA CONSTRUCTION, INC. (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 tinder executed on th egoing is true and correct and that this affidavit was MAY / 20 06 . enalty of perjury that th 18th/ da or Bidder Subscribed and sworn to before me on the 18th day of MAY .20 06 (NOTARY SEAL)"ACKNOWLEDGMENT ATTACHED" Signature of Notary Revised 10/08/03 Contract No. 3667-13 Page 28 of 107 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On MAY 18,2006 . before me, PATRICIA BURKE. NOTARY PUBLIC personally appeared JOSEPH W. SILVIA, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. gnature of Notary Public PATRICIA BURKE Commission #1491758 Notary Public - CaWbmta San Bernardino County My Comm. Expires May 26,2008 OPTIONAL- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT C/Q Carlsbad/ Non-Collusion Affidavit TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES: One (1)DATE OF DOCUMENT May 18.2006 CAPACITY CLAIMED BY SIGNER D D INDIVIDUAL PARTNER CORPORATE OFFICER PRESIDENT TITLE ATTORNEY IN FACT TRUSTEE GUARDIAN OR CONSERVATOR Other RIGHT THUMBPRINT OF SIGNER Signer is Representing:_SILVIA CONSTRUCTION. INC. NAME OF PERSON(S) OR ENTITY(S) City of Carlsbad Public Works April 25, 2006 ADDENDUM NO. 1 RE: 2006 PAVEMENT OVERLAY PROJECT BID NO. PWS06-27ENG, CONTRACT NO. 3667-13 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Buyer KD:rh Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 , PRESIDENT SILVIA CONSTRUCTION, INC. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (76O) 602-2730 • FAX (760) 602-8562 CITY OF CARLSBAD 2006 PAVEMENT OVERLAY PROJECT Contract No. 3667-13 Addendum No. 1 From: No. of Pages: Date: Bid Opening Date: Jon Schauble, PE, Project Manager Phone: (760)602-2762 Fax: (760) 602-8562 5 (including this page) April 27, 2006 May 18, 2006 2:00 pm (unchanged) CONTRACTOR'S PROPOSAL Page 11. The quantity of bid item #9, AC Dike, has been changed to 2,460 LF. Use new bid sheets which are included as part of this addendum. Page 12. The quantity of bid item #16, Full Raise of Valve Boxes, Monument Boxes, Sewer Cleanouts, has been changed to 659. Use new bid sheets which are included as part of this addendum. SPECIFICATIONS Page 55. Section 6-7.2 Working Day. Delete the following sentence: "All Work on El Camino Real shall occur from 7 a.m. to 4 p.m. on weekends." Add the following sentences: "All Work on northbound lanes of El Camino Real shall occur from 7:00 a.m. to 3:30 p.m. Monday through Friday. All Work on southbound lanes of El Camino Real shall occur from 8:30 a.m. to 3:30 p.m Monday through Friday. No weekend work will be required." Contract No. 3667-13 Addendum No. 1 CITY OF CARLSBAD 2006 PAVEMENT OVERLAY PROJECT CONTRACT NO. 3667-13 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3667-13 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Item No. Description 1 Mobilization at Dollars (Lump Sum) 2 Public Notification of Work at Dollars (Lump Sum) 3 Traffic Control at Dollars (Lump Sum) 4 Remove Thermoplastic at Dollars (Lump Sum) 5 Asphalt Rubber Hot Mix (ARHM) at Dollars per Ton 6 Asphalt Concrete 1-Inch Leveling Course at Approximate Quantity Unit and Unit Price 1 LS $ 1 LS 1 LS $ 1 LS 37,232 TONS $ 4,043 TONS $ Total $ $ Dollars per Ton Revised 10/08/03 Contract No. 3667-13 Addendum No. 1 Page 1 of 4 Pages Approximate Quantity and Unit 2,004 TONS $ 61.500SF $ 2,460 LF $ 139,900 LF $ Item No. Description 7 Asphalt Concrete at DoHars per Ton 8 4-Inch AC Removal at Dollars per Square Foot 9 AC Dike, 6-in height, per SDRSD G-5 Type A at Dollars per Linear Foot 10 Cold Milling 5'Width at Dollars per Linear Foot 11 Cold Milling 10'Width at Dollars per Linear Foot 12 Cold Milling 20'Width at Dollars per Linear Foot 13 10-Inch Remove & Replace AC and AB at Dollars per Square Foot 14 3-Inch Remove and Replace 110,850 SF $ AC at 2,822 LF $_ 1.305LF $ 4,500 SF $ Dollars per Square Foot 15 3-Inch Remove and Replace 2,345 SF $_ AC with Root Removal at Dollars per Square Foot Unit Price Total $ $ $. $ Revised 10/08/03 Contract No. 3667-13 Addendum No. 1 Page 2 of 4 Pages Item No. Description Approximate Quantity and Unit Unit Price Total 16 Full Raise of Valve Boxes, Monument Boxes, Sewer Cleanouts at 659 EA $$ Dollars Each 17 Full Raise of Sewer & Storm Drain Manholes at 251 EA $ Dollars Each 18 Install Blue Fire Hydrant Markers at 132EA $ Dollars Each 19 Traffic Signal Detector Loops Type E at 35 EA $$_ Dollars Each 20 Striping & Pavement Markings, Paint & Thermo at 1 LS $.$ Dollars (Lump Sum) 21 Video Detection System - Video Cameras at 25 EA Dollars Each 22 Install Temporary Pavement Markers at 1 LS $$_ Dollars (Lump Sum) 23 6-Inch Leveling Course with Conventional A.C. at 450 SF $ Dollars per Square Foot Revised 10/08/03 Contract No. 3667-13 Addendum No. 1 Page 3 of 4 Pages Item No. Description Approximate Quantity and Unit Unit Price Total 24 Remove and Replace 6-Inch 40 LF $ Curb per SDRSD G-1 at $ Dollars per Linear Foot 25 Remove and Replace 210SF $_ Stamped Concrete Median, Match Existing Color and Pattern at $ Dollars per Square Foot Total amount of Bid in words: Total amount of Bid in numbers: $ The low bidder will be determined from the sum of the Bid Items. Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s)._ this proposal. has/have been received and is/are included in The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number , classification which expires on , and that this statement is true and correct and has the legal effect of an affidavit. Revised 10/08/03 Contract No. 3667-13 Addendum No. 1 Page 4 of 4 Pages City of Carlsbad Public Works May 9, 2006 ADDENDUM NO. 2 RE: 2006 PAVEMENT OVERLAY PROJECT BID NO. PWS06-27ENG, CONTRACT NO. 3667-13 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Buyer KD:rh Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 Bi [Signature /-S^S-EPH w. SILVIA, PRESIDENT SILVIA CONSTRUCTION, INC. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (76O) 6O2-2730 • FAX (760) 6O2-8562 CITY OF CARLSBAD 2006 PAVEMENT OVERLAY PROJECT Contract No. 3667-13 Addendum No. 2 From: Jon Schauble, PE, Project Manager Phone: (760)602-2762 Fax: (760) 602-8562 No. of Pages: 2 (including this page) Date: May 5, 2006 Bid Opening Date: May 18, 2006 2:00 pm (unchanged) SPECIFICATIONS Page 54. Section 5-6 COOPERATION. Add the following paragraph: For each 2-inch blow off or manual air release valve box to be raised to grade following overlay, the City will provide a 12-inch diameter valve box and cover to replace the existing valve box and cover. The provided 12-inch valve box and cover will be South Bay Foundry SBF 1243 or similar model (see attached CMWD Standard Drawing No. W6). The City will indicate which valve boxes are 2-inch blow off or manual air releases in the field. The Contractor shall remove and dispose of the existing valve box and cover. The Contractor shall install the provided valve box and cover at the finished grade of the asphalt concrete. The Contractor shall be paid for the work described in this paragraph per the unit price bid for "Full Raise of Valve Boxes, Monument Boxes, and Sewer Cleanouts." 1. SEE SPECIFICATIONS FOR SOLDERING REQUIREMENTS SEE SPECIFICATIONS FOR PAINTING REQUIREMENTS 3. SEE IMPROVEMENT PLANS FOR ASSEMBLY SIZE. LID WITH ANODE LEAD WIRE PER STD. DWG. NO 25. ITEM DESCRIPTION SPEC/DWG OUTLET ON PVC PRESURE PIPE 8 OUTLET ON AC PIPE 8 OUTLET ON CML&C STEEL PIPE OUTLET ON DUCTILE IRON PIPE COPPER SERVICE PIPE. (TYPE 'K SOFT). 2" ANGLE METER STOP 2" METER COMPANION FLANGE. (BRASS NUTS AND BOLTS). 8 2 BRASS STREET ELL 9 ADAPTER-2" M.I.P. X 2 1/2" NSHT W/ 2 1/2" CAP 10 12" DIA. C.I. VALVE BOX COVER MARKED WATER OR RECYCLED WATER 11 50" DIAMETER X 8" THICK CONCRETE RING 12 12" GRAVITY SEWER PIPE SDR 35 REV.APPROVED DATE CARLSBAD MUNICIPAL WATER DISTRICT 2" BLOW-OFF /MANUAL AIR RELEASE ASSEMBLIES CITY ENGINEER STANDARD DWG. NO. 6-04 DATE W6 CONTRACT PUBLIC WORKS This agreement is made this cy**} day of ViijiV- _ , 2 OP 6?. by and between the City of Carlsbad, California, a muwcipal o&rporation, (hereinafter called "City"), and _ SILVIA CONSTRUCTION. INC. _ whose principal place of business is 9007 CENTER AVENUE RANCHO CUCAMONGA. CA 91730-531 1 (hereinafter called "Contractor"). City and Contractor agree as follows: 1 . Description of Work. Contractor shall perform all work specified in the Contract documents for: 2006 PAVEMENT OVERLAY PROJECT CONTRACT NO. 3667-13 (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(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2003 Edition, and the 2004 supplement 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. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. Revised 10/08/03 Contract No. 3667-13 Page 29 of 1071 Pages 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Revised 10/08/03 Contract No. 3667-13 Page 30 of 107 Pages Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91 -403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. Revised 10/08/03 Contract No. 3667-13 Page 31 of 107 Pages c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Besfs Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91 -403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. Revised 10/08/03 Contract No. 3667-13 Page 32 of 107 Pages (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac- tor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 abo & 12. Maintenance of Records. Contractor shall maintain/and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Revised 10/08/03 Contract No. 3667-13 Page 33 of 107 Pages 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) SILVIA/CONSTRUCT corporation of JOSEPH W. SILVIA, PRESIDENT (print name and title)LORRAINE M. WOOD, City Clerk By: ^H^IH/A ^&S»tfr /^!^fe^__ J** *~t im *li<^W^ i •«! ^(sign here) CLAIRE R. MANCHESTER-WAMEL, SECRETARY (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney Revised 10/08/03 Contract No. 3667-13 Page 34 of 107 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I STATE OF CALIFORNIA ff I COUNTY OF SAN BERNARDINO f: I I On JUNE 30.2006 , before me, PATRICIA BURKE. NOTARY PUBLIC personally I appeared JOSEPH W. SILVIA, personally known to me to be the person whose name is I subscribed to the within instrument and acknowledged to me that he executed the same in his f authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf I of which the person acted, executed the instrument. WITNESS d and official seal. k&ignature of Notary Public PATRICIA BURKE Commission #1491758 Notary Public - California San Bernardino County My Comm. Expires May 26,2008 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT C/Q Carlsbad/ Contract I TITLE OR TYPE OF DOCUMENT f \ NUMBER OF PAGES: Six (6) DATE OF DOCUMENT Document undated at time of signature I. CAPACITY CLAIMED BY SIGNER n INDIVIDUAL PARTNER CORPORATE OFFICER PRESIDENT TITLE ATTORNEY IN FACT TRUSTEE GUARDIAN OR CONSERVATOR Other RIGHT THUMBPRINT OF SIGNER Signer is Representing:,SILVIA CONSTRUCTION. INC. NAME OF PERSON(S) OR ENTITY(S) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On JUNE 30.2006. before me, PATRICIA BURKE. NOTARY PUBLIC personally appeared CLAIRE R. MANCHESTER-WAMEL. personally know to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal ignature of Notary Public PATRICIA BURKE Commission #1491758 Notary Public - California San Bernardino County My Comm. Expires May 26,2008 -OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.. DESCRIPTION OF ATTACHED DOCUMENT C/O Carlsbad/Contract TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES Six (6) DATE OF DOCUMENT Document undated at time of signature CAPACITY CLAIMED BY SIGNER D D INDIVIDUAL PARTNER CORPORATE OFFICER CORPORATE SECRETARY TITLE ATTORNEY IN FACT TRUSTEE GUARDIAN OR CONSERVATOR Other RIGHT THUMBPRINT OF SIGNER Signer is Representing:SILVIA CONSTRUCTION. INC. NAME OF PERSON(S) OR ENTITY(S) EXECUTED IN ONE COUNTERPART BOND # 7583138 PREMIUM: INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No.2006-147, adopted June 13. 2006 has awarded to SILVIA CONSTRUCTION. INC. (hereinafter designated as the "Principal"), a Contract for: 2006 PAVEMENT OVERLAY PROJECT CONTRACT NO, 3667-13 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, SILVIA CONSTRUCTION. INC. as Principal, (hereinafter designated as the "Contractor"), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, are held firmly bound unto the City of Carlsbad in the sum of FIVE MILLION NINE HUNDRED SEVENTY EIGHT THOUSAND TWO HUNDRED FORTY FIVE Dollars ($5.978.245). said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181. or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surely 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 CM) 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 specffications 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 10/08/03 Contract No. 3667-13 Pan*, as •* 1071 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 30th day of JUNE , 20 06 CONTRACTOR: ) SILVIA CONSTRUCT!! .dayExecuted by SURETY this 29TH Of _ JUNE 2006 . SURETY: FIDELITY AND DEP9SIT COMPANY OF MARYLAND (name of Surety) 801 N. BRAND BLVD., SUITE, PENTHOUSE fiT.F.NDAT.K f!A Q )SEPH W. SILVIA PRESIDENT (print name here) (CORPORATION) (address of Surety) (818) 409-2800 phone number of Surety) (title and organization of signatory) (sign here) CLAIRE R. MANCHESTER-WAMEL SECRETARY (print name here) (CORPORATION) (signature of Attorney-in-Fact) RICHARD A. COON _ ____ (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorn Deputy City Attorney Revised 10/08/03 Contract No. 3667-13 Pane OR Af 1 (V7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT : STATE OF CALIFORNIA \ COUNTY OF SAN BERNARDINO : On JUNE 30.2006 . before me, PATRICIA BURKE. NOTARY PUBLIC personally appeared JOSEPH W. SILVIA , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ^{Jgnature of Notary Public PATRICIA BURKE Commission #1491758 Notary Public - California San Bernardino County My Comm. Expires May 26,2008 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT C/O Carlsbad/Payment Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES: Two (2)DATE OF DOCUMENT June 29. 2006 CAPACITY CLAIMED BY SIGNER X PRESIDENT D INDIVIDUAL PARTNER CORPORATE OFFICER. ATTORNEY IN FACT TRUSTEE GUARDIAN OR CONSERVATOR Other TITLE RIGHT THUMBPRINT OF SIGNER Signer is Representing:,SILVIA CONSTRUCTION, INC. NAME OF PERSON(S) OR ENTITY(S) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On JUNE 30,2006, before me, PATRICIA BURKE. NOTARY PUBLIC personally appeared CLAIRE R. MANCHESTER-WAMEL. personally know to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. PATRICIA BURKE Commission #1491758 Notary Public • California San Bernardino County My Comm. Expires May 26,2008 -OPTIONAL- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.. DESCRIPTION OF ATTACHED DOCUMENT C/O Carlsbad/Payment Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES Two (2)DATE OF DOCUMENT June 29. 2006 ID CAPACITY CLAIMED BY SIGNER INDIVIDUAL PARTNER CORPORATE OFFICER CORPORATE SECRETARY TITLE ATTORNEY IN FACT TRUSTEE GUARDIAN OR CONSERVATOR Other RIGHT THUMBPRINT OF SIGNER Signer is Representing:SILVIA CONSTRUCTION. INC. NAME OF PERSON(S) OR ENTITY(S) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 6-29-06 before me,LEXIE SHERWOOD - NOTARY PUBLIC personally appeared RICHARD A. COON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. f^ r Ufa Signature of"Notary Public LEXIE SHERWOOD COMM. #1593951 NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY 'Comm. Exp JULY 27, 2009 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF DOCUMENT SOMBER OF PAGES 2 DATE OF DOCUMENT 6-29-06 INDIVIDUAL PARTNER(S) OTHER: CAPACITY CLAIMED BY SIGNER ] CORPORATE OFFICER ?| ATTORNEY-IN-FACT TITLE(S) TRUSTEE(S) SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, hi pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, sihMfare set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date heretfOKfisJofcreby nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULBEIll«6!^M^iniew P^Efc^KE and Lexie SHERWOOD, all of Anaheim, California, EACH its tmej^^f^M&^^mA^ofi^yf^^^^make, execute, seal and deliver, for, and on its behalf as surety, and as its-ae^SmM^r-any an4-an^8^)aiMrundertakings, and the execution of such bonds or undertakings i&pnTsu^MysS&t&ese^PKSCTfSfyhB^ae^^Dinding upon said Company, as fully and amply, to all intents and purpose«^rtJway\Baia been-duhr^KMgd ana acknowledged by the regularly elected officers of ; D^c&sproper persons. This power of attorney revokes that issued on avid L. CULBERTSON, Matthew P. FLAKE, Lexie SHERWOOD, dated the Company at its behalf of Richard A' January 14, 2005. The said Assistant St£retafy'does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of November, A.D. 2005. ATTEST:FIDELITY AND DEPOSIT COMPANY OF MARYLAND State of Maryland City of Baltimore iss: By: Eric D. Barnes Assistant Secretary William J. Mills Vice President On this 7th day of November, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. • jlUIIII,,/k*-*..»*;*,.l^^"^\ Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 POA-F 012-4150H EXECUTED IN ONE COUNTERPART BOND # 7583138 PREMIUM: $34,587 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No.2006-147, adopted June 13. 2006 has awarded to SILVIA CONSTRUCTION. INC. (hereinafter designated as the "Principal"), a Contract for: 2006 PAVEMENT OVERLAY PROJECT CONTRACT NO. 3667-13 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, SILVIA CONSTRUCTION. INC. as Principal, (hereinafter designated as the "Contractor"), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, are held firmly bound unto the City of Carlsbad in the sum of FIVE MILLION NINE HUNDRED SEVENTY EIGHT THOUSAND TWO HUNDRED FORTY FIVE Dollars fS5.978.245). said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the fece amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 10/08/03 Contract No. SRRT- 1 a D*«« •>•> ~t 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 30th day of JUNE 20 06. CONTRACTOR:^ SILVIA CONSTRUCTION. (sgiwwre OSEPH W. SILVIA (print name here) PRESIDENT (Title and Organization of Signatory) Executed by SURETY this 29TH day of JUNE 20 06 SURETY: FIDELITY AND DEPOSIT COMPANY OF MARYLAND (name of Surety) 801 N. BRAND BLVD., SUITE, PENTHOUSE ^BENDALE. CA 91203 (address of Surety) (818) 409-2800 (telephone number of Surety) (signature of Attomey-in-Fact) ^ f RICHARD A. COON (sign here) CLAIRE R. MANCHESTER-WAMEL (print name here) SECRETARY (Title and Organization of signatory) (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney Revised 10/08/03 Contract No. 3667-13 Pa.qe 38 of 107Paaes CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On JUNE 30.2006 . before me, PATRICIA BURKE. NOTARY PUBLIC personally appeared JOSEPH W. SILVIA, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. and official seal. gnature of Notary Public PATRICIA BURKE ! Commission #1491758 Notary Public -Calitomta San Bernardino County My Comm. Expires May 26.2008 OPTIONAL- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT C/O Carlsbad/ Performance Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES:Two (2)DATE OF DOCUMENT June 29. 2006 In CAPACITY CLAIMED BY SIGNER INDIVIDUAL PARTNER CORPORATE OFFICER PRESIDENT TITLE ATTORNEY IN FACT TRUSTEE GUARDIAN OR CONSERVATOR Other RIGHT THUMBPRINT OF SIGNER Signer is Representing:.SILVIA CONSTRUCTION. INC. NAME OF PERSON(S) OR ENTITY(S) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On JUNE 30. 2006. before me. PATRICIA BURKE. NOTARY PUBLIC personally appeared | CLAIRE R. MANCHESTER-WAMEL. personally know to me to be the person whose name is | subscribed to the within instrument and acknowledged to me that she executed the same in her f authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf \ of which the person acted, executed the instrument. I WITNESS my hand and official seal. iture of Notary Public PATRICIA BURKE Commission #1491758 Notary PubBc - California San Bernardino County My Comm. Expires May 26.2008 -OPTIONAL- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.. DESCRIPTION OF ATTACHED DOCUMENT C/O Carlsbad/Performance Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES Two (2)DATE OF DOCUMENT June 29. 2006 D D CAPACITY CLAIMED BY SIGNER INDIVIDUAL PARTNER CORPORATE OFFICER CORPORATE SECRETARY TITLE ATTORNEY IN FACT TRUSTEE GUARDIAN OR CONSERVATOR Other RIGHT THUMBPRINT OF SIGNER Signer is Representing; SILVIA CONSTRUCTION. INC. NAME OF PERSON(S) OR ENTITY(S) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 6-29-06 before me, personally appeared LEXIE SHERWOOD - NOTARY PUBLIC RICHARD A. COON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal Signaturfe of Notary Public / VWk-'V^V/'w'^*^SHERWOOD £ COMM. #1593951 NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY Comm. Exp JULY 27, 2009 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 2 DATS OF DOCUMENT 6-29-06 INDIVIDUAL PARTNER(S) OTHER: CAPACITY CLAIMED BY SIGNER ] CORPORATE OFFICER 3 ATTORNEY-IN-FACT TITLE(S) TRUSTEE(S) SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON (S) OR ENTITY (S) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, whj^Pare set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date heredO|^)oBreby nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULBjOlTS^\vyflhe^ FJEt^KE and Lexie SHERWOOD, all of Anaheim, California, EACH its tmej^id^^^pgi^na^lteffl^Si^3/ro>make, execute, seal and deliver, for, and on its behalf as surety, and as its^^Srad^^p'^any an4^n^M§yiwKindertakings, an(j me execution of such bonds or undertakings iapgrcu^ure^jaPtfiesepressailSj^bB^De^^Dmdmg upon said Company, as fully and amply, to all intents and pui^s^sya^^j^eyVBJw beenjduhtfe^ecu^gdana acknowledged by the regularly elected officers of the Company at its o^eert^^lriroorerMdj, ttCflSgV^ffprDper persons. This power of attorney revokes that issued on behalf of Richard A\pG©N^hari«rti?^ia^David L. CULBERTSON, Matthew P. FLAKE, Lexie SHERWOOD, dated January 14,2005. -~-\f7^°\ \J ^""^\*4( OJu^The said Assistant SeSretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of November, A.D. 2005. ATTEST:FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes y-" y By: / Assistant Secretary William J. Mitts Vice President State of Maryland 1 City of Baltimore / On this 7th day of November, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 POA-F 012-4150H OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and SILVIA CONSTRUCTION, INC. __ _ _ _ whose address is 9007 CENTER AVENUE, RANCHO CUCAMONGA . CA 91730-5311 _ hereinafter called "Contractor" and ALLIANCE BANK ____ . _ whose address is 1901 MAIN STREET, SUITE 100. IRVINE. CA 92614 ___ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1 . Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for the 2006 Pavement Overlay Project, Contract No. 3667-13 in the amount of $5 ,978,245 .00 _ datedJ^X/x^^g^ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Cortfracfor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. Revised 1 0/08/03 Contract No. 3667-1 3 Page 39 of 1 07 Pages 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City:Title FINANCE DIRECTOR Name.v i r\ For Contractor: Address 1635_F_ari Title •enue. Carlsbad. CA 92008 PRESIDENT Name SEPH W/ SI] For Escrow Agent: Signatijrex:; Addre'ss/^ANCHO CUTAMONGA, CA 91730-5311 pftjp/EXECUTIVE VICE PRESIDENT ame JEJTJAMILTO Signature Address 190'KMAIN ST., SUITE 100, IRVINE, CA 92614 At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 10/08/03 Contract No. 3667-13 Page 40 of 107 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA I COUNTY OF SAN BERNARDINOI | On JUNE 30.2006 . before me, PATRICIA BURKE. NOTARY PUBLIC personally | appeared JOSEPH W. SILVIA , personally known to me to be the person whose name is I subscribed to the within instrument and acknowledged to me that he executed the same in his | authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf \ of which the person acted, executed the instrument. WITNESS myJrand and official seal. iy&gnature of Notary Public PATRICIA BURKE I Commission #1491758 [ Notary Public - California j San Bernardino County i My Comm. Expires May 26.20081 OPTIONAL- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT C/O Carlsbad/Escrow Agreement TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES:Two (2) DATE OF DOCUMENT Document undated at time of signature CAPACITY CLAIMED BY SIGNER INDIVIDUAL PARTNER CORPORATE OFFICER PRESIDENT TITLE ATTORNEY IN FACT TRUSTEE GUARDIAN OR CONSERVATOR Other RIGHT THUMBPRDJT OF SIGNER Signer is Representing:,SILVIA CONSTRUCTION. INC. NAME OF PERSON(S) OR ENTITY(S) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On JUNE 30.2006 . before me, PATRICIA BURKE. NOTARY PUBLIC personally appeared JEFF HAMILTON, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to t he within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. \ WITNESS myjjaad and official seal Stature of Notary Public PATRICIA BURKE Commission #1491758 Notary Public -California San Bernardino County My Comm. Expires May 26.2008 OPTIONAL- \ Though the data below is not required by law, it may prove valuable to persons relying on the I document and could prevent fraudulent reattachment of this form..'(_ I DESCRIPTION OF ATTACHED DOCUMENT I C/O Carlsbad/Escrow Agreement I TITLE OR TYPE OF DOCUMENT $ I NUMBER OF PAGES Two (2) DATE OF DOCUMENT Document Undated at time of Signature [ CAPACITY CLAIMED BY SIGNER INDIVIDUAL PARTNER CORPORATE OFFICER TITLE ATTORNEY IN FACT TRUSTEE GUARDIAN OR CONSERVATOR Other EXECUTIVE VICE PRESIDENT RIGHT THUMBPRINT OF SIGNER Signer is Representing:ALLIANCE BANK NAME OF PERSON(S) OR ENTITY(S) IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: For Contractor: For Escrow Agent: Title MAYOR Name Signature Address 1200 Carlsbad Village Drive. Carlsbad CA 92008 Title Name / JOSEPjT W./SlLV Sign M CENTER AVENUE, RANCH) CUGAM3NGA, GA 91730-5311 EXECUTIVE VICE PREDENT Name JEFF Signature -KMA-Address 190KMABPST.. SUITE 100, IRVINE. CA 92614 Revised 10/08/03 Contract No. 3667-13 Page 41 of 107 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On JUNE 30. 2006 . before me, PATRICIA BURKE. NOTARY PUBLIC personally appeared JOSEPH W. SILVIA , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS myhand and official seal /jignature of Notary Public PATRICIA BURKE I Commission #1491758 I Notary Public • California j San Bernardino County i My Comm. Expires May 26,2008) OPTIONAL- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT C/O Carlsbad/Escrow Agreement TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES: signature Three (3) DATE OF DOCUMENT.Document undated at time of CAPACITY CLAIMED BY SIGNER X INDIVIDUAL PARTNER CORPORATE OFFICER PRESIDENT TITLE ATTORNEY IN FACT TRUSTEE GUARDIAN OR CONSERVATOR Other RIGHT THUMBPRINT OF SIGNER Signer is Representing:,SILVIA CONSTRUCTION. INC. NAME OF PERSON(S) OR ENTITY(S) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA I COUNTY OF SAN BERNARDINO f On JUNE 30.2006 . before me, PATRICIA BURKE, NOTARY PUBLIC personally appeared \ JEFF HAMILTON, proved to me on the basis of satisfactory evidence to be the person whose I name is subscribed to t he within instrument and acknowledged to me that he executed the same in \ his authorized capacity, and that by his signature on the instrument the person, or the entity upon \ behalf of which the person acted, executed the instrument. j WITNESS my hand and official seal. Signature of Notary Public PATRICIA BURKE Commission #1491758 Notary Public - California San Bernardino County My Comm. Expires May 26.2008 -OPTIONAL- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.. DESCRIPTION OF ATTACHED DOCUMENT C/O Carlsbad/Escrow Agreement TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES THREE (3) DATE OF DOCUMENT Document Undated at time of Signature CAPACITY CLAIMED BY SIGNER INDIVIDUAL PARTNER CORPORATE OFFICER TITLE ATTORNEY IN FACT TRUSTEE GUARDIAN OR CONSERVATOR Other EXECUTIVE VICE PRESIDENT RIGHT THUMBPRINT OF SIGNER Signer is Representing:ALLIANCE BANK NAME OF PERSON(S) OR ENTITY(S) SUPPLEMENTAL PROVISIONS FOR 2006 PAVEMENT OVERLAY PROJECT CONTRACT NO. 3667-13 CITY OF CARLSBAD SUPPLEMENTAL PROVISIONS TO "GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION 2003 EDITION PART 1, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. Revised 10/08/03 Contract 'No. 3667-13 Page 42 of 107 Pages 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency - the City of Carlsbad, California. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer - the City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Deputy City 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. Revised 10/08/03 Contract No. 3667-13 Page 43 of 107 Pages 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 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 VWD Vallecitos Water District SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. oRevised 10/08/03 Contract No. 3667-13 Page 44 of 107 Pages 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570,". Modify paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in 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. 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 other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 2003 Edition, and the 2004 supplements thereto, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans are City of Carlsbad Drawing No. 438-7. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District. 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. Revised 10/08/03 Contract No. 3667-13 Page 45 of 107 Pages a) City of Carlsbad Supplemental Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 5) Standard Specifications for Public Works Construction. 6) Reference Specifications. 7) Manufacturer's Installation Recommendations. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: Add the following section: 2-5.3.5 Recycled Asphalt Concrete Grant Submittals. The City is pursuing a Rubberized Asphalt Concrete (RAC) grant from the California Integrated Waste Management Board (CIWMB). In accordance with the grant requirements the contractor shall fill out and sign the CIWMB's "Reliable Constractor Declaration as appropriate prior to commencing work. In addition the rubber supplier, asphalt manufacturer and contractor shall submit a Manufacturer's Recycled-Content Certification (CIWMB 74G) form as part of the ARHM product submittals. These forms can be viewed on the CIWMB web site and at the following address: http://www.ciwmb.ca.gov/Tires/Grants/Forms.htm. A•^ Revised 10/08/03 Contract No. 3667-13 Page 46 of 107 Pages Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-9 SURVEYING 2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. Add the following section: 2-9.2.3 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 replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. Revised 10/08/03 Contract No. 3667-13 Page 47 of 107 Pages Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. SECTION 3 - CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK. 3-3.2.2 (c) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. Revised 10/08/03 Contract No. 3667-13 Page 48 of 107 Pages (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. 'The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. Revised 10/08/03 Contract No. 3667-13 Page 49 of 107 Pages 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. Revised 10/08/03 Contract No. 3667-13 Page 50 of 107 Pages 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for 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. Revised 10/08/03 Contract No. 3667-13 Page 51 of 107 Pages (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add. the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Revised 10/08/03 Contract No. 3667-13 Page 52 of 107 Pages Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 - UTILITIES 5-4 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. Revised 10/08/03 Contract No. 3667-13 Page 53 of 107 Pages 5-6 COOPERATION. Add the following: The Contractor shall cooperate with utility companies so that they may adjust their facilities to grade. The Contractor will place and pave over adjustment rings to within 3/8 of an inch when provided by the utility company. The Contractor will place tabs or markers and pave over the tabs or markers when provided by the utility company. The aforementioned tasks and coordination shall be paid for as part of the bid item for the paving work, whichever paving is being applied to that street. No additional compensation shall be made for this work. 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 five (5) calendar days after receipt of the "Notice to Proceed". Add the following section: 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Add the following section: 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule at the Pre-Construction Meeting per the submittal requirements of Section 2-5.3. Add the following section: 6-1.2 Measurement And Payment Of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The Contractor shall complete concrete work prior to paving the road surface. The Contractor shall begin the Project Work on El Camino Real. All work on El Camino Real must be completed prior to the Contractor starting work on Carlsbad Village Drive. All work on Carlsbad Village Drive must be completed prior to the Contractor starting work on Tamarack Avenue. All work must be completed on Tamarack Avenue prior to the Contractor starting work on the remaining streets in the Northwest Quadrant of the City. References to "All work" includes all contract bid items which apply to that street including, but not limited to, grinding, patching, paving, striping, installing video detection, raising valve boxes, etc. The order of work specified in this contract document is considered as part of the contract work and no extra payment will be made therefore. Revised 10/08/03 Contract No. 3667-13 Page 54 of 107 Pages Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of bi-weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under section 7-6, 'The Contractor's Representative", SSPWC. No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration. of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 60 working days after the starting date specified in the Notice to Proceed. t 6-7.2 Working Day. Add the following: Construction adjacent to any open school on a weekday shall occur between 9:00 a.m. and 2:00 p.m. Streets possibly affected by open schools are Monroe, Magnolia, Valley, and Tamarack. Hours of work required by the approved Traffic Control Plans will supercede the hours of work listed in this section. All Work on El Camino Real shall occur from 7 a.m. to 4 p.m. on weekends. All Work on Carlsbad Village Drive and Tamarack Avenue shall be performed Monday through Friday from 8:30 a.m. to 3:30 p.m. Video Detection Systems shall be installed Monday through Friday from 7 a.m. to 4 p.m. and shall be installed prior to any cold milling within 300 feet of a signalized intersection. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. Revised 10/08/03 Contract No. 3667-13 Page 55 of 107 Pages 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of one thousand Dollars ($1,000). Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad 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. Revised 10/08/03 Contract No. 3667-13 Page 56 of 107 Pages 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made 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: Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access, add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at (760) 929-9417. During paving operations, the Contractor's schedule shall be designed to provide residents and business owners whose streets are to be paved sufficient paved parking within an 800-foot distance from their homes or businesses. Revised 10/08/03 Contract No. 3667-13 Page 57 of 107 Pages Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 48 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. 7-10.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer (760)602-2720 2) Carlsbad Fire Department Dispatch (760) 931-2197 3) Carlsbad Police Department Dispatch (760) 931-2197 4) Carlsbad Traffic Signals Maintenance (760) 438-2980 X-2937 5) Carlsbad Traffic Signals Operations (760)602-2752 6) North County Transit District (760) 967-2828 7) Waste Management (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. Revised 10/08/03 Contract No. 3667-13 Page 58 of 107 Pages Add the following: Traffic controls shall be in accordance with the plans, Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement, and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of section 214- 5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 210-1.6for 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 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 180 mm (7") long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 1.8 m (6') of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 7.6 m (25') intervals to a point not less than 7.6 m (25') past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. Revised 10/08/03 Contract No. 3667-13 Page 59 of 107 Pages Add the following section: 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than six feet, nor operate equipment within 2 feet from any traffic lane occupied by traffic. For equipment the two foot clearance 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 one paved traffic lane, not less than 12 feet wide, shall be open for use by public traffic in each direction of travel. Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system to close traffic lanes or pedestrian walkways shall be in accordance with the details shown on the plans, Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement, and provisions under "Maintaining Traffic" elsewhere in these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. Add the following section: 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. Add the following section: 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Revised 10/08/03 Contract No. 3667-13 Page 60 of 107 Pages Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. Add the following section: 7-10.3.6 Preparation of Traffic Control Plan Sheets. The Contractor shall submit Traffic Control Plans (TCP) or Traffic Control Staging plans (TCP) for any and all construction activities that are located within the travelled way. The Contractor shall have TCP prepared and submitted at the Pre-Construction Meeting. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20-day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the travelled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and the Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals. Add the following section: 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefore. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." Contractor will provide traffic control for the City's Inspector to walk the roadways and mark out the areas of repair prior to the start of construction as part of the bid item for Traffic Control. The cost of labor and material for portable concrete barriers will be paid as an incidental to the work being performed and no additional payment will be made therefore. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. Revised 10/08/03 Contract No. 3667-13 Page 61 of 107 Pages 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 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion". 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Revised 10/08/03 Contract No. 3667-13 Page 62 of 107 Pages Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Revised 10/08/03 Contract No. 3667-13 Page 63 of 107 Pages Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for Mobilization and Preparatory Work will be made at the lump-sum price bid, 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. Revised 10/08/03 Contract No. 3667-13 Page 64 of 107 Pages SUPPLEMENTAL PROVISIONS TO "GREEN BOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2 Aggregate Base and as specified below in Section 200-2.7 of these Supplemental Provisions. Add the following section: 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 11/2-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. AGGREGATE GRADING REQUIREMENTS Percentage Passing 1 1/2" Maximum 2/4" Maximum Operating Operating Sieve Sizes Range Range 2" 100 — 11/2" 90-100 — 1" — 100 3/4" 50-85 90-100 No. 4 25-45 35-60 No. 30 10-25 10-30 No. 200 2-9 2-9 QUALITY REQUIREMENTS Operating Tests Range Resistance (R-value) 78 Win. 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." Revised 10/08/03 Contract No. 3667-13 Page 65 of 107 Pages If the results of either or both the aggregate grading and Sand Equivalent tests do not meet requirements specified for "Contract Compliance," the aggregate base which is represented tests shall be removed. However, if requested by the Contractor and approved by the Engineer, aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201 -1.1.2(A) Modify as follows: TABLE 201-1.1.2(A)(3) PORTLAND CEMENT CONCRETE Type of Construction All Concrete Used Within the Right-of-Way Trench Backfill Slurry Street Light Foundations and Survey Monuments Traffic Signal Foundations Concreted-Rock Erosion Protection Concrete Class 330-C-23 1560-C-3250) (1) 115-E-3 (190-E-400) 330-C-23 (560-C-32501 350-C-27 (590-C-375Q1 310-C-17 (520-C-2500P) Maximum Slump mm (Inches) (2) 200 (8") 100 (4") 100 (4") per Table 300-1 1.3.1 (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201-1.1.2(A) SSPWC. (2) As per Table 201 -1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201-1.2 Materials. 201-1.2.4(a) Integral Colored Concrete. Add the following: Integral color shall consist of colored admixtures developed for use in ready mixed concrete. The product shall be made of the highest quality pigments, as well as other ingredients designed to enhance the color and improve the pigment dispersion, workability and finishing performance of the concrete. Integral color pigments shall meet or exceed ASTM-C-979. The coloring method shall be designed for concrete flatwork applications (salt finished, broom finishes, rotary finishes), as well as vertical surfaces, and other types of architectural concrete. Pigment shall be a permanent coloration, uniform throughout the concrete surface and interior, and shall be highly UV and fade resistant. 0Revised 10/08/03 Contract No. 3667-13 Page 66 of 107 Pages Integral colored concrete shall be cured with QC Color Cure color matched to the concrete (see product information bulletin). Provide sample panel submittals of all colors to be used in the installation on identical surfaces for approval by Resident Engineer. Contractor shall provide a maintenance schedule for integral colored concrete. Admixture for all integral colored concrete paving in medians and other integral colored concrete shall be the following: Color: match existing Curing: Scofield Colorcure Concrete Sealer (or approved equal). See Section 201 of these Supplemental Provisions for Concrete Curing Materials. Manufacturer: Scofield Chromix Admixtures for color-conditioned concrete, or approved equal L.M. Scofield Company 6533 Bandini Boulevard Los Angeles, CA 90040 1-800-800-9900 Admixture products and procedures for installation shall be in strict accordance with the manufacturer's specifications and recommendations, and those published by the American Concrete Institute (ACI) and the Portland Cement Association (PCA). 201-1.2.4 Chemical Admixtures, (e) Air-Entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. Add the following: 201-1.6 Finish: match existing Add the following: 201-1.7 Miscellaneous Concrete Finishing Products. 201-1.7.1 Water Base Penetrating Sealer for Integral Colored Concrete. (Scofield Colorcure Concrete Sealer or approved equal) Water base penetrating sealer shall be a sealer designed for the protection of imprinted and natural concrete. Water base penetrating sealer shall be a sealer designed for the protection of imprinted, colored and natural concrete, and other masonry surfaces to preserve the natural appearance of the masonry without darkening or adding gloss to the surface. It shall preserve the natural slip resistance of the concrete, etc. Sealer shall repel spills and soils, minimizing staining and maintenance. Seal shall leave no visible material on the surface and shall be absorbed and locked into the pores of the masonry, repelling liquids and soils but leaving the top surface natural in appearance. Install per manufacturer's directions. Seal shall be compatible with the surfaces and materials which it is applied. Concrete sealer shall conform to the following specifications: Color: Clear, non-yellowing Odor: Mild Flash Point: None (C.O.C. method) Specific Grav.: 1.03 Density: 8.6 pounds per gallon Drying Time: 30 minutes to 60 minutes Cure Time: 24 to 48 hours VOC Content: None (0 g/l) excluding water Revised 10/08/03 Contract No. 3667-13 Page 67 of 107 Pages Polymer Type: Proprietary Reactive Resin System Coverages (approximate): Smooth Concrete: 300 to 400 square feet per gallon Rough Concrete: 200 to 300 square feet per gallon Note: Coverages vary depending on porosity and condition of surface and method of application. Method of Application: Airless sprayer Manufacturer: Scofield Chromix Admixtures for color-conditioned concrete, or approved equal L.M. Scofield Company 6533 Bandini Boulevard Los Angeles, CA 90040 1-800-800-9900 All materials shall be furnished, prepared, applied, cured, and stored according to the product manufacturer's direction. 201-1.2.4 Chemical Admixtures, (e) Air-entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS. Add the following: 201-3.4 Type "A" Sealant (Two-Part Polyurethane Sealant). Add the following: All finished concrete surfaces shall have a Vz" continuous expansion joint at locations indicated on the plans and notes and shall be located either parallel to perpendicular to the curb line. When not otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type "A" and colored to match the color of the concrete surface. Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer's standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. Provide color selections made by Engineer from manufacturer's full range of standard colors for products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment Type "A" as specified in Section 201 -1.2.4(a) of these Special Provisions. Revised 10/08/03 Contract No. 3667-13 Page 68 of 107 Pages Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide manufacturer's standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-sag, Type II. Acceptable Products: "Sonneborn NPII"; Sonneborn Building Products Division; "Scofield Lithoseal Trafficalk 3-G", L.M. Scofield Company; or equivalent, as approved by the Engineer. Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polystyrene foam is not acceptable. SECTION 203 - BITUMINOUS MATERIALS 203-1 PAVING ASPHALT. 203-1.1 General. Paving asphalt shall be a steam-refined asphalt produced from crude asphaltic petroleum or a mixture of refined liquid asphalt and refined solid asphalt. It shall be homogeneous and free from water and residues from distillation of coal, coal tar, or paraffin oil. 203-1.2 Testing Requirements. Asphalts shall be specified by viscosity grado performance grade. and shall conform to the requirements in Table 203-1.2 (A). TABLE 203-1.2 (A) 5nncification Designation ACTM^^^^TIWI Test No.AR 1000 VISCOSITY GRADE AR-2000 AR4000 | AR-8000 AR46000 TESTS ON RESIDUE FROM RTFO PROCEDURE Tost Method No. Calif. 3461 60° M40°R 1CP Pi-n fnninn^ Kinematic viscosity minimi irm\ at ^ OCO/~> /oycopx mm s/p (contistokos) Ponotration (min.) at ocop (77°p\ q por g inn nm 0 1 rnm Porcont of original nnnotntion at °5°C /"7"7°c\ 'minimum^ Ductility at 26°C (77°F\ mm (minimum) D2171 D °170 B-§ Q-& r\ -i H o1— ' l"1 \J 750 1°50 449 @§ •i nnngI WX^^ ^ cnrt1 \JW ocnnt~\J\J^f oon^\Jv 40 40 mnn2 i \j\j\j 00/1 f\_\J\J\J\J cnnnWw^ 27S 2£ 4§ 756 cnr>n_v7 W W inonni \j\j\j\j jtr\f)1 \J\J 20 §0 'w^J\J 1 r>nnn1 L~\J\JV oonr>nCST^vT^T7 ^7vX7 20 §2- / w v Revised 10/08/03 Contract No. 3667-13 Page 69 of 107 Pages TESTS ON ORIGINAL ASPHALT Flaoh Point, Cleveland Opon Pun °C (°F}oup \s (. r) (minimum) Solubility in triohloroothylono, % (minimum) n onL</ VK n orMOtr ^v^TC 206 (/IOO) 09 316(426) 09 225 4440) 99 230 (460) 99 236 (460) 99 1. TFO may bo ueod but RTFO ehall bo the roforonoo method. Teot on residue from RTFO proooduro. Calif. Tost 346. 2. If tho duotibility at 26°C (77°F) ic loco than 1000 mm., tho material will bo acceptable* if its ductility at °C (60°F) ic moro than 1000 mm. Revised 10/08/03 Contract No. 3667-13 Page 70 of 107 Pages TABLE 203-1.2(6) Grade AASHTO Test Or Flash Point, °C, minimum Solubility, %, minimum Viscosity, 135°C, Pa-s, maximum8 Dynamic Shear Test Temperature, °C Dynamic Shear, 10 rad/s, GVSinS, kPa, minimum T48 T44 T316 T315 T315 PG58-22 PG64-10 PG64-16 PG64-28 PG70-10 ginal Binder 230 99.0 3.0 58 1.00 230 99.0 3.0 64 1.00 230 99.0 3.0 64 1.00 230 99.0 3.0 64 1.00 230 99.0 3.0 70 1.00 RTFO Aged Binder Mass Loss, %, maximum Dynamic Shear Test Temperature, °C Dynamic Shear, 10 rad/s, GVSinS, kPa, minimum Ductility, 25°C, 5 cm/min, cm, minimum T240 T315 T315 T51 1.00 58 2.20 75 1.00 64 2.20 75 1.00 64 2.20 75 1.00 64 2.20 75 1.00 70 2.20 75 RTFO and PAV Aged Binder PAV Aging Temperature, °C Dynamic Shear Test Temperature, °C Dynamic Shear, 10 rad/s, G*-Sin6, kPa, maximum Bending Beam Test Temperature, °C Creep Stiffness, MPa, maximum m-value, minimum R28 T315 T315 T313 T313 T313 100 22b 5000 -12 300 0.300 100 31b 5000 0 300 0.300 100 28b 5000 -6 300 0.300 100 22" 5000 -18 300 0.300 110 34" 5000 0 300 0.300 "This requirement may be waived at the discretion of the specifying agency if the supplier warrants that the asphalt binder can be adequately pumped and mixed at temperatures that meet all applicable safety standards "if the PAV aged binder exceeds 5000 kPa at the designated test temperature, it will be deemed acceptable if it is less than 5000 kPa when tested at a 3°C higher test temperature Revised 10/08/03 Contract No. 3667-13 Page 71 of 107 Pages 203-1.3 Test Reports and Certification. Asphalt shall be supplied by state DOT approved vendors or as specified in the Special Provisions. At delivery time, the supplying vendor will deliver to the purchaser certified copies of the test report. This report shall indicate the vendor's name, type and grade of asphalt delivered, date and point of delivery, quantity delivered, ticket number, purchase order number, and results of specified tests. The certified test reports and the testing required in connection with the reports shall be submitted at no cost to the Agency in accordance with 2-5.3.4. Until the certified test reports and samples of the material have been checked by the Engineer to determine their conformity with the prescribed requirements, the material to which such report relates and any work in which it may have been incorporated as an integral component, will be only tentatively accepted by the Agency. Final acceptance will be dependent upon the determination by the Engineer that the material involved fulfills prescribed requirements. 203-1.4 Temperatures. Asphalt shall not be heated during its manufacture, storage, or during construction so as to cause formation of carbonized particles. At no time shall the temperature be higher than 5DC (10OF) below the actual flash point of the asphalt, nor shall it be raised above 190DC (375DF) after loading into a tank car or truck for transport. Unless otherwise specified, the various grades of asphalt shall be applied at a temperature range as indicated in the following table: TABLE 203-1.4 (A) ASPHALT GRADE AR 16000 AR 8000 AR 4000 AR °ooo AR1000 PG 70-10 PG 64-28 PG64-16 PG 64-10 PG 58-22 PLANT PUGM4U= MIXING TEMPERATURE °C ( °F) Minimum 1 *in linn} 1 OR f 07R\ •IOC (OJC\ •) oc (r>jc\ QK (or>n\ 150 (300) 135 (275) 135 (275) 135 (275) 135 (275) Maximum 17R H'ifn 1fiO H°fi) 160 (3°5) 160 (3°5) 150 (300) 175 (350) 160(325) 160(325) 160(325) 160(325) DISTRIBUTION APPLICATION TEMPERATURE °C ( °F) Minimum 1 -1O (°Rfi^ •MO /ooc\ 1/10 (°Rfrt 1 40 (°flfi> 1°fi (°fifrt 140 (285) 140 (285) 140 (285) 140 (285) 140 (285) Maximum 176 (360) 176 (360) 176 (360) 1 7R C\ftf\\ 1 fin (V*K\ 175 (350) 175 (350) 175 (350) 175 (350) 175 (350) Asphalt shall be heated in such a manner that no steam or hot oils will be introduced into the asphalt during heating. The Contractor shall furnish and keep on the site an accurate thermometer suitable for determining the temperature of the asphalt. 203-1.5 Distributing Equipment. Distributing equipment shall meet the requirements of 203-2.5. 203-1.6 Measurement and Payment. For all volumetric quantities of Paving Asphalt to be paid for at a Contract Price, the unit of measurement shall be the liter (U.S. gallon) at a temperature of 15DC (60DF). Revised 10/08/03 Contract No. 3667-13 Page 72 of 107 Pages 201-3.6 Type "C" Sealant (Asphalt-Latex Emulsion Joint Sealant). Asphalt-latex emulsion joint sealant shall be designated for mixing and application by hand methods and shall be suitable for use at temperatures above 10°C (50°F). The sealing compound shall be an emulsion consisting of paving asphalt, Grade AR-1000, conforming to roquiromonts of 203-1 emulsified with rubber latex in a suitable emulsifying agent. Rubber latex shall be natural rubber or synthetic latex containing approximately 40 percent solids. The resulting emulsion shall consist of a minimum of 55 percent paving asphalt and a minimum of 36 percent rubber latex. 203-6 ASPHALT CONCRETE. 203-6.1 General. Asphalt concrete shall be the product of mixing mineral aggregate and up to 15% reclaimed asphalt pavement (RAP) with paving asphalt conforming to 203-1 at a central mixing plant. RAP shall conform with 203-7.2.2, except the viscosity of RAP asphalt recovered in accordance with ASTM D 1856 (Abson Recovery Method) will not be required. RAP asphalt content may be determined in accordance to Calif. Test 382. Asphalt concrete will be designated by class and grade for example "C2-AR-4000" "C2-PG 64-10". and shall conform to the requirements in this section. Asphalt concrete containing up to 15% RAP shall be identified by adding the suffix RAP to the class and grade ,i.e., "C2-AFMOOO RAP" "C2-PG 64-10 RAP". The Contractor shall submit a design mix report and verification data for review by the Engineer for each source of supply and type of mixture specified. The design mix report shall indicate the results of all testing requirements identified in sections 203-1.2 and 203-6.3 of the standard specifications for public works construction and these special provisions. Revised 10/08/03 Contract No. 3667-13 Page 73 of 107 Pages DELETE sections 203-6.2 and 203-6.3.2 and ADD the following: 203-6.2 Materials. Add the following: Asphalt concrete shall be class C2-PG64-10 for surface course, and B-PG64-10 for base course. Asphalt concrete shall be class D2-PG70-10 for dikes and class E-PG70-10 ditches. 203-6.3.2 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125. When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for: 1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202. 2. Stability1 using: a. Stabilometer Value2 using Calif. Test 366 and shall be the average of three individual Stabilometer Values And/or b. Marshall Stability in accordance with the Asphalt Institute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. Stability will be waived provided the extracted asphalt concrete is within +/-.S of mix design and the extracted gradation complies with Table 203-6.3.2 (A). 2Use Marshall Stability when the deviation between individual Stabilometer Values are greater than +/-4. When using core sample analysis, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. The amount of asphalt binder used in asphalt concrete placed in dikes, gutters, gutter flares, overside drains and aprons at the ends of drainage structures shall be increased one percent by mass of the aggregate over the amount of asphalt binder determined for use in asphalt concrete placed on the traveled way. 203-6.3.3 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the asphalt content is within +/-.5 of the design mix and the gradation conforms to the grading as shown in Table 203-6.3.2 (A). Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix complies with the requirements for Stabilometer Value per Table 203-6.3.2 (A) Marshall Stability using Asphalt Institute MS-2. Plant inspected asphalt concrete will be considered in conformance with the mix design when visually inspected and the combined gradation of the Bin samples show conformance to the grading as shown in Table 203-6.3.2 (A). 203-6.6.2, Batch Plant Method, modify as follows: Third paragraph, last sentence, delete "and from the Engineer's field laboratory". Last paragraph, add after D 2172: "method A or B." 203-6.7 Asphalt Concrete Storage, add the following: Open graded asphalt concrete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 18 hours, shall not be used in the work. Revised 10/08/03 Contract -No. 3667-13 Page 74 of 107 Pages 203-7.1 General. Recycled Asphalt Concrete (RAC) shall be the product of mixing reclaimed asphalt pavement, new aggregates and asphalt and/or recycling agent. RAC will be designated by Class and Grade, i.e., C2 AR 4000-RAC C2-PG 64-10-RAC. and conform to requirements in this subsection. The end product shall meet both the gradation and asphalt grade specified. 203-7.2.2 Reclaimed Asphalt Pavement. Second paragraph: The RAC supplier shall perform sand-equivalent tests of the unextracted RAP, and tests of RAP asphalt content, RAP asphalt viscosity performance grade, and gradation of RAP aggregates of solvent extracted samples of RAP taken from stockpiles. Solvent extractions shall 203-7.2.3 RAC Bituminous Materials. Last paragraph: The test results of the RAC binder shall meet tho RTFO rosiduo roquiremGnto in 203-1.2 (A) for the AR grade spooifiod the RTFO and PAV test requirements in 203-1.2 (B) for the PG grade specified. except the Percent of Original Penetration is not required. 203-10.2.1 Asphalt. Asphalt binder to be mixed with the latex and aggregate shall be paving asphalt, Viscosity Grade AR-4000 Performance Grade 64-10 conforming to 203-1, unless otherwise directed by the Engineer. 203-10.2.4 Composition and Grading. The mix shall be C2 unless otherwise directed by the Engineer. Where Alternate Rock Products-Type S, Section 400, are specified, the class shall be Typo III-C3-AR4000 Type III-C3-PG 64-10 unless otherwise directed by the Engineer. 203-11 ASPHALT RUBBER HOT MIX (ARHM) WET PROCESS 203-11.2.1 Paving Asphalt. The asphalt used for asphalt-rubber shall be AR 4000 PG 64-16 and shall be modified with an asphalt modifier. Performance Grade asphalts other than PG 64-16 may be used upon approval of the Engineer. 203-11.3 Composition and Grading. Add the following: Asphalt Rubber Hot Mix shall be class ARHM-GG-C PG64-16. 203-12.2.2 Screenings. Last paragraph: Screenings shall be medium 9.5 mm (3/8 inch) unless otherwise specified. Screenings shall be preheated between 127°C (260°F) to 163°C (325°F) and adequately coated with 0.70 percent to 1 percent Paving Grado AR 4000 PG 64-10 asphalt at a central mixing plant to prevent free dust. The exact amount of asphalt shall be recommended by the Contractor and approved by the Engineer. Screenings shall conform to the requirements of Table 200-1.2 (B). Revised 10/08/03 Contract No. 3667-13 Page 75 of 107 Pages Add the following section: 203-13 ASPHALT PAVEMENT CRACK SEALANTS 203-13.1 Elastomeric Sealant. Elastomeric sealant shall be a polyurethane material of a composition that will, within its stated shelf life, cure only in the presence of moisture. No elastomeric sealant shall be incorporated into any portion of the work that is beyond the shelf life recommended by its manufacturer. No elastomeric sealant shall be incorporated into any portion of the work that has been stored under conditions not recommended by its manufacturer. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. The cured sealant shall have the performance characteristics in Table 203-13(A). TABLE 203-13.1 (A) ELASTOMERIC SEALANT CHARACTERISTICS Property Hardness (indentation) Tensile Strength Elongation Flex at -40°C Weathering Resistance Salt-Spray Resistance Dielectric Constant Measuring Standard (ASTM Designation) ASTM D 2240 Rex. Type A, Model 1700 ASTM D 41 2 Die C, ASTM D 41 2 Die C, 0.6 mm (25 mil) Free Film Bend (180°) ASTM D 822 Weatherometer 350 h ASTMB 117 28 days at 38°C ASTM D 1 50 Results 65-85 3.45 MPa, minimum 400%, minimum No cracks Slight chalking 3.45 MPa, minimum tensile; 400% minimum Elongation Less than 25% change Conditions 25°C @ 50% relative humidity pulled at 508 mm (20") per minute pulled at 508 mm (20") per minute over 13 mm (72") Mandrel Cured 7 days at 25°C @ 50% relative humidity 5% NaCI, Die C, pulled at 508 mm (20") per minute over a temperature range of -30-«C to 50-^C 203-13.2 Asphaltic Emulsion Sealant. Asphaltic emulsion sealant shall conform to the State of California Specification 8040-41A-15 and shall be used only for filling slots in asphalt concrete pavement. This material shall not be used in slots which exceed 16 mm (5/8") in width or where the slope causes the material to run from the slot. The material shall not be thinned in excess of the manufacturer's recommendations and shall not be placed when the air temperature is less than 7°C (45°F). 203-13.3 Hot-Melt Rubberized Asphalt Sealant. Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C (400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. Performance characteristics of the cured hot-melt rubberized asphalt shall be as per Table 203-13.3(A). TABLE 203-13.3(A) CURED HOT-MELT RUBBERIZED ASPHALT Property Cone Penetration Flow. 60°C Resilience Softeninq Point, Ductility, Flash Point, COG, °C Viscosity, Brookfield Thermosel, Measuring Standard (ASTM Designation) ASTM D 3407, Sec. 5 ASTM D 3407, Sec. 6 ,ASTM D 3407, Sec. 8 ASTM D 36 ASTM D 113 ASTM D 92 ASTM D 4402 Results 3.5 mm, max. 5 mm, max. 25%, min. 82 °C, min. 300 mm, min. 288 °C, min. 2.5-3.5 Pa-s Conditions 25°C, 150q, 5s 25°C 25°C, 50 mm/min No. 27 Spindle, 20 rpm, 190°C, Revised 10/08/03 Contract No. 3667-13 Page 76 of 107 Pages SECTION 206 - MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. Add the following section: 206-7.1.1 General. Materials, legend, proportion, size, and fabrication of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993", Sheets 1 through 5 that accompany "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993" of dimensions and details, dated April 1987, and "OPAQUE COLOR CHART", dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 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 and/or its employees or officials, such rights shall be vested in the Engineer. Add the following section: 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor's performance of the Work. Temporary traffic signs include both stationary and portable signs. Add the following section: 206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of "Specifications For Reflective Sheeting Signs, October 1993", Sheets 1 through 5 that accompany "Specifications For Reflective Sheeting Signs, October 1993" of dimensions and details, dated April 1987, and "OPAQUE COLOR CHART", dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where The "Specification For Reflective Sheeting Signs, October 1993" require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said "Specifications For Reflective Sheeting Signs, October 1993", to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. Add the following section: 206-7.2.2 Drawings. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Standard temporary traffic signs shall be as per the most recently approved "Approved Sign Specification Sheets" of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. Add the following section: 206-7.2.3 Reflective Sheeting. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with Type III encapsulated lens sheeting conforming to the requirements of this specification. Revised 10/08/03 Contract No. 3667-13 Page 77 of 107 Pages Add the following section: 206-7.2.4 Substrate. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Excepting only construction warning signs used at a single location during daylight hours for not more than five (5) consecutive days, all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall be stationary mounted and shall use aluminum substrate. Add the following section: 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on 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 RS1, RS2, RS3 and RS4 for installation of roadside signs, except as follows: a) Wood posts shall not be used. b) Back braces and blocks for sign panels will not be required. c) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m (71). 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 ft^of sign area, or the signs may be installed on existing lighting standards when approved by the Engineer. e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements specified for aluminum signs in the "Specifications For Reflective Sheeting Signs, October 1993". Add the following section: 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 10-gage or 12-gage cold-rolled steel perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post size and number of posts shall be as shown on the plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the plans, post size and the number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate. Add the following section: 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of sign panels for stationary mounted signs in the "Specifications For Reflective Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and 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. Revised 10/08/03 Contract No. 3667-13 Page 78 of 107 Pages Add the following section: 206-9 PORTABLE CHANGEABLE MESSAGE SIGN Add the following section: 206-9.1 General. Each portable changeable message sign (PCMS) unit shall consist of a controller unit, a power supply, and a structural support system all mounted on a trailer. The PCMS unit shall be assembled to form a complete self-contained portable changeable message sign, which can be delivered to the site of the work and placed in immediate operation. The complete PCMS unit shall be capable of operating in an ambient air temperature range of -202C (-4SF) to +709C (158SF) 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 (14.51) above the ground. After initial placement, PCMS shall be moved from location to location as directed by the Engineer One PCMS will be required in each direction of travel impacted by the Work on El Camino Real, Carlsbad Village Drive, and Tamarack Avenue. Add the following section: 206-9.2 Message Board. The message displayed on the PCMS shall be visible from a distance of 460 m (1500') and shall be legible from a distance of 230 m (7501), at noon on a cloudless day, by persons with vision corrected to 20/20. The sign panel shall be 3-line matrix and shall display not less than 7 characters per line. Sign messages to be displayed shall be as approved by the Engineer. The sign face shall be flat black and shall be protected from glare of the sun by a method which does not interfere with the clarity of the sign message. The sign shall be raised and lowered by means of a power driven lifting mechanism. The matrix sign shall be capable of complete alphanumeric selection. Lamp matrix type signs shall be equipped with an automatic dimming operational mode that automatically compensates for the influence of a temporary light source or other abnormal lighting conditions. The sign shall have manual dimming operation modes of 3 or more different lamp intensities. Matrix signs not utilizing lamps shall be either internally or externally illuminated at night. The controller shall be an all solid-state unit containing all the necessary circuitry for the storage of at least 5 pre-programmed messages. The controller shall be installed in a location allowing the operator to perform all functions from one position. A keyboard entry system shall be provided to allow an operator to generate an infinite number of additional messages over the pre-programmed stored messages. The keyboard shall be equipped with a security lockout feature to prevent unauthorized use of the controller. The controller shall contain a nonvolatile memory to hold the keyboard created messages in memory during periods when the power is not activated. The controller shall provide for a variable message display rate which allows the operator to match the information display to the speed of the approaching traffic. The flashing off time shall be operator adjustable within the control cabinet. Add the following section: 206-9.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained at locations shown on the traffic control plans, specified herein, and as designated by the Engineer. The PCMS will be diligently maintained and repaired by the Contractor throughout the project in accordance with the manufacturer's recommendations. If ownership is transferred to the City (at the end of the job), it must be demonstrated to be in good working condition, and meet the provisions of these specifications, including current registration. Revised 10/08/03 Contract No. 3667-13 Page 79 of 107 Pages Add the following section: 206-9.4 Measurement and Payment. The contract price bid for Traffic Control shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing, placing, operating, maintaining, repairing, replacing, transporting from location to location, and delivery of the PCMS and other signs as required by the approved traffic control plans and no other compensation will be made. SECTION 209 - ELECTRICAL COMPONENTS 209 ELECTRICAL COMPONENTS. Modify as follows: Section 209, "Signals, Lighting and Traffic Electrical Systems", herein, shall replace Section 209, "Electrical Components", of the SSPWC in all matters pertaining to the specifications for measurement, payment, warranty, and materials and methods of construction for all elements of street lighting and traffic signals. For electrical components provided and installed in systems not including street lighting and traffic signals section 209 SSPWC is unmodified except as specified in sections other than section 209, "Signals, Lighting and Electrical Systems", herein. For section 209, "Signals, Lighting and Traffic Electrical Systems", for all elements of street lighting and traffic signals both construction materials and construction methods have been combined into a single section. SECTION 209-1 - SIGNALS, LIGHTING AND TRAFFIC ELECTRICAL SYSTEMS 209-1 GENERAL 209-1.01 Description. Signals, lighting and electrical systems work shall consist of furnishing and installing, modifying or removing one or more traffic signals, traffic signal master controller assemblies and interconnection facilities, flashing beacon systems, lighting systems, sign illumination systems, traffic monitoring stations, communication systems, electrical equipment in structures, falsework lighting, provisions for future systems, or combinations thereof, all as shown on the plans, and as specified in these special provisions. The locations of signals, beacons, standards, lighting fixtures, signs, controls, services and appurtenances shown on the plans are approximate and the exact locations will be established by the Engineer in the field. All systems shall be complete and in operating condition at the time of acceptance of the contract. 209-5 DETECTORS 209-5.01 Vehicle Detectors. Vehicle detectors shall be the type or types shown on the plans. All sensor units, control units, and amplifiers shall meet the requirements of California Test 675. The units shall not be affected by transient voltages when tested in accordance with California Test 667. After a power interruption the units shall return to normal operation within one minute. Each unit shall be provided with a light or meter, for each output circuit, to indicate when the detector is detecting a vehicle. Each detector shall operate over the range of voltages from 100 volts to 135 volts at 60 Hz. Circuitry shall be solid-state except relays with normally closed contacts may be used for the output circuit. Units shall be designed to provide ease of maintenance with easily accessible electronic components. Each detector shall provide vehicle detection without readjustment from -18°C to 71 °C (0° to 160°F). Units shall use printed circuit boards designed to facilitate identification of components. This shall be done by either part identification markings or by providing a pictorial diagram showing physical location and identification of each component. Each printed circuit board shall have the following minimum quality requirements: NEMA FR-4 glass cloth base epoxy resin board, 1.5 mm (V16") minimum thickness, organic solder masking and gold plated contacts. Intercomponent wiring shall be copper track with a minimum mass of 600 g/m2 (^oz/ft2). Printed circuit design shall be such that components may be removed and replaced without permanent damage to boards or tracks. Splices shall conform to the provisions in Section 209-2.09, "Wiring." Revised 10/08/03 Contract No. 3667-13 Page 80 of 107 Pages 209-5.01 A Inductive Loop Detectors. Inductive loop detectors shall conform to the following: 209-5.01 A(1) General. The term "inductive loop detector" applies to a complete installation consisting of a loop or group of loops installed in the roadway, as shown on the plans, lead-in cable and a sensor unit with power supply installed in a controller cabinet. 209-5.01 A(3) Sensor Unit Construction. "Card" type sensor units shall conform to the requirements in 'Traffic Signal Control Equipment Specifications," issued by the State of California, Department of Transportation, and to all addendums thereto current at the time of project advertising. Shelf mounted sensor units shall conform to the requirements in Section 11 of the NEMA Standards Publication No. TS 1. Capacitors or inductors necessary for loop tuning shall not be mounted external to the sensor unit. 209-5.01 A(4) Construction Materials. Conductor for each inductive loop detector shall be continuous and unspliced and shall conform to one of the following: Type 1 loop wire shall be Type RHW-USE neoprene-jacketed or Type USE cross-linked polyethylene insulated, No. 12, stranded copper wire. The minimum insulation thickness at any point shall be 1.0 mm (40 mils). Type 2 loop wire shall consist of a conductor inside of plastic tubing. The conductor shall be Type THWN or Type XHHW, No. 14, stranded copper wire. The tubing shall be polyethylene or vinyl, rated for use at 105°C, and shall be resistant to oil and gasoline. The tubing shall have a maximum outside diameter of 7 mm (0.27") and a minimum wall thickness of 0.71 mm (0.028"). The conductors shall not be spliced inside the tubing. Conductors for loop detector lead-in cable shall be 2 No. 16 (19 x 29) stranded tinned copper. Loop detector lead-in cable shall conform to the calculated cross sectional area of ASTM Designation: B 286, Table 1. The lead-in cable shall conform to one of the following: Type B lead-in cable shall be insulated with 0.5 mm (20 mils) of high-density polyethylene. The conductors shall be twisted together with at least 6 turns per meter and the twisted pair shall be protected with a copper or aluminum polyester shield. A No. 20, minimum, copper drain wire shall be provided and connected to the equipment ground within the cabinet. The cable shall be provided with a high-density polyethylene or high-density polypropylene outer jacket with a nominal thickness of 0.8 mm (35 mils). An amorphous interior moisture penetration barrier of nonhydroscopic polyethylene or polypropylene fillers shall be provided. Type C lead-in cable shall conform to International Municipal Signal Association (IMSA) Specification No. 50-2. A No. 20, minimum, copper drain wire shall be provided and connected to the equipment ground within the cabinet. 209-5.01 A(5) Installation Details. Installation and tests shall conform to the details and notes shown on the plans. Unless shown otherwise each loop shall consist of 3 turns of conductor as specified in Section 209-5.01 A(4), "Construction Materials." Slots cut in the pavement shall be washed clean, blown out and thoroughly dried before installing conductors. Residue resulting from slot cutting operations shall not be permitted to flow across shoulders or lanes occupied by public traffic and shall be removed from the pavement surface before any residue flows off of the pavement surface. Residue from slot cutting operations shall be disposed of outside the highway right of way in accordance with Section 7-8.1, "Cleanup and Dust Control." After conductors are installed in the slots cut in the pavement, the slots shall be filled with sealant to within 3 mm (V8") of the pavement surface. The sealant shall be at least 25 mm (1") thick above the top conductor in the saw cut. Before setting, surplus sealant shall be removed from the adjacent road surfaces without the use of solvents. The sealant for filling slots shall conform to the following: Revised 10/08/03 Contract No. 3667-13 Page 81 of 107 Pages TABLE 209-5.01 A(5)(B) CURED HOT-MELT RUBBERIZED ASPHALT Property Cone Penetration Flow, 60°C Resilience Softening Point, Ductility, Flash Point, COC, °C Viscosity, Brookfield Thermosel, Measuring Standard (ASTM Designation) ASTM D 3407, Sec. 5 ASTM D 3407, Sec. 6 ,ASTM D 3407, Sec. 8 ASTM D 36 ASTM D 113 ASTM D 92 ASTM D 4402 Results 3.5 mm, max. 5 mm, max. 25%, min. 82 °C, min. 300 mm, min. 288 °C, min. 2.5-3.5 Pa-s Conditions 25°C, 150g,5s 25°C 25°C, 50 mm/min No. 27 Spindle, 20 rpm, 190°C, The hot-melt rubberized asphalt shall be melted in a jacketed, double boiler type melting unit. Temperature of the heat transfer medium shall not exceed 245°C (475°F). Application of the hot- melt sealant shall be made with a pressure feed applicator or pour pot. Sealant shall be applied when the pavement surface temperature is greater than 4°C (40°F). Hot-melt sealant shall be packaged in containers clearly marked "Detector Loop Sealant" and specifying the batch and lot number of the manufacturer. Loop conductors shall be installed without splices and shall terminate in the nearest pull box. The loops shall be joined in the pull box in combination of series and parallel so that optimum sensitivity is obtained at the sensor unit. Final splices between loops and lead-in cable shall not be made until the operation of the loops under actual traffic conditions is approved by the Engineer. All loop conductors for each direction of travel for the same phase of a traffic signal system, in the same pull box, shall be spliced to a detector lead-in cable which shall be run from the pull box adjacent to the loop detector to a sensor unit mounted in the controller cabinet. All loop conductors for traffic monitoring shall terminate in a pull box or terminal strip in the traffic monitor station cabinet when a cabinet of that type is installed. Conductors for inductive loop traffic signal and traffic monitoring installations shall be identified and banded, in pairs, by lane, in the pull box adjacent to the loops and near the termination of the conductors in the controller or traffic monitoring station cabinet. Bands shall conform to the provisions in Section 209-2.09, "Wiring." If asphalt concrete surfacing is to be placed, the loop conductors shall be installed prior to placing the uppermost layer of asphalt concrete. The conductors shall be installed, as shown on the plans, in the compacted layer of asphalt concrete immediately below the uppermost layer. Installation details shall be as shown on the plans, except the sealant shall fill the slot flush to the surface. 209-5.01 B Emergency Vehicle Pre-Emption Detector System. Each emergency vehicle preemption detector system shall conform to the details shown on the plans and these special provisions and shall consist of an optical emitter assembly or assemblies located on the appropriate vehicle and an optical detector/discriminator assembly or assemblies located at the traffic signal. Each system shall permit detection of Class II emergency vehicles. Class II emergency vehicles shall be capable of being detected at any range up to 2,500 feet from the optical detector. Revised 10/08/03 Contract No. 3667-13 Page 82 of 107 Pages 209-5.016(1) Optical Emitter Assembly. Each optical emitter assembly shall consist of an emitter unit, an emitter control unit and connecting cables and shall conform to the following: Each optical emitter assembly, including lamp, shall be designed to operate over an ambient temperature range of -34aC to 74sC at both modulation frequencies and to operate continuously at the higher frequency for a minimum of 3,000 hours at 25s C ambient before failure of lamp or any other component. Each emitter unit shall be controlled by a single, maintained-contact switch on the respective emitter control unit. The switch shall be capable of being positioned in a readily accessible location to the vehicle driver. The control unit shall contain a pilot light to indicate that the emitter power circuit is energized and shall be capable of generating only Class II modulating code. Functional Requirements. Each emitter unit shall transmit optical energy in one direction only. The signal from each emitter unit shall be capable of being detected at a distance of 2,500 feet when used with a standard optical detection/discriminator assembly. The modulation frequency for Class II signal emitters shall be 14.035 Hz ± 0.003 Hz. The standard optical detection/discriminator assembly to be used in conducting the range tests shall be available from the manufacturer of the system. A certified performance report shall be furnished by the contractor with each assembly. The emitter unit shall be configured with a grating to provide precise directionality control. Electrical Requirements. Each optical emitter assembly shall be capable of providing full light output with input voltages between 10 and 16 volts DC. An optical emitter assembly shall not be damaged by input voltages up to 7.5 volts DC about the supply voltage. The optical emitter assembly shall not generate voltage transient, on the input supply, which exceeds the supply voltage by more than 4 volts. Each optical emitter assembly shall not consume more than 100 watts at 17.5 volts DC and shall have a power input circuit breaker rated at 10 to 12 amperes, 12 volts DC. The design and circuitry of each emitter unit shall permit its use on vehicles with either negative or positive ground without disassembly or rewiring of the unit. Mechanical Requirements. Each emitter unit shall be housed in a weatherproof, corrosion- resistant housing. The housing shall be provided with facilities to permit mounting on various types of vehicles and shall have provision for proper alignment of the emitter unit and for locking of the emitter unit into proper alignment. Each emitter control unit shall be provided with appurtenant hardware to permit its mounting in or on an emergency vehicle or mass transit vehicle. Where required for certain emergency vehicles, the emitter control unit and all exposed controls shall be weatherproof. Each emitter shall include a multi-purpose port compliant with the SAE J1708 communication standard to enable unit configuration to be set into the emitter and read from the emitter. 209-5.01 B(2) Optical Detection/Discriminator Assembly. Optical detection/discriminator assembly shall consist of one or more optical detectors, connecting cable and a discriminator module and conform to the following: Each such assembly, when used with standard emitters, shall have a range of up to 2,500 feet for Class II signals. Standard emitters for Class II signals shall be available from the manufacturer of the system. Range measurements shall be taken with all range adjustments on the discriminator module set to "maximum". oRevised 10/08/03 Contract No. 3667-13 Page 83 of 107 Pages 209-5.016(3) Optical Detector. Each optical detector shall be a waterproof unit capable of receiving optical energy from one or two separately aimable directions. The horizontal angle between the two directions shall be variable from 5 degrees to 180 degrees. The reception angle for each photocell assembly shall be a maximum of 8 degrees in all directions about the aiming axis of the assembly. Measurements of reception angle will be taken at a range of 2,500 feet for a Class II emitter. All internal circuitry shall be solid state and electrical power shall be provided by the associated discriminator module. Each optical detector shall be contained in a housing, which shall include one or two rotatable photocell assemblies, an electronic assembly and a base. The base shall have an opening to permit its mounting on a mast arm. Each optical detector shall weigh no more than 2.5 pounds and shall present a maximum wind load area of 36 square inches. The housing shall be provided with weep holes to permit drainage of condensed moisture. Each optical detector shall be installed, wired and aimed as specified by the manufacturer. 209-5.016(4) Optical Detector Cable. Optical detector cable shall meet the requirements of IPCEA-S-61-402/NEMA WC 5, Section 7.4, 600 volt control cable, 75fiC, Type B and the following: The cable shall contain three conductors, each of which shall be AWG #20 (7x28) stranded, tinned copper with low-density polyethylene insulation. Minimum average insulation thickness shall be 25 mils. The insulation of individual conductors shall be color coded as follows: Yellow - Detector Signal #1 Blue - Detector Signal #2 Orange - Power (+) Bare (Drain) - Common or Ground The shield shall be either tinned copper braid or aluminized polyester film with a nominal 20 percent overlap. Where the film is used, a AWG #20 (7x28) standard, tinned, bare drain wire shall be place between the insulated conductors and the shield and in contact with the conductive surface of the shield The jacket shall be black polyvinyl chloride with a minimum rating of 600 volts and 80fiC and a minimum average thickness of 45 mils. The jacket shall be marked as required by IPCEA/NEMA. The finished outside diameter of the cable shall not exceed 0.3 inches. The capacitance of the optical detector cable, as measured between any conductor and the other conductors and the shield, shall not exceed 14.3 microfarads per 1000 feet. The characteristic impedance of the optical detector cable shall be 0.6 ohms per 1000 feet. 209-5.016(5) Discriminator Module. Each discriminator module shall be designed to be compatible and usable with Model 170 controller unit and to be mounted in the input file of a Model 332 controller cabinet, and shall conform to the requirements of Chapter 1 of the State of California, Department of Transportation, 'Traffic Signal Control Equipment Specifications", dated January 1989, and to all addenda thereto current at the time of project advertisement. Revised 10/08/03 Contract No. 3667-13 Page 84 of 107 Pages Each discriminator module shall be capable of operating one or two channels and shall be capable of: 1. Receiving Class II signals at a range of up to 2,500 feet. 2. Decoding the signal on the basis of frequency at 14.035 Hz ± 0.003 Hz for Class II signals. 3. Establishing the validity of received signals on the basis of frequency and length of time received. A signal shall be considered valid only when received for more than 0.50 seconds. No combination of Class I signals shall be recognized as a Class II signal regardless of the number of signals being received, up to a maximum of ten signals. Once a valid signal has been recognized, its effect shall be held by the module in the event of temporary loss of the signal for a period adjustable from 4.5 seconds to 11 seconds in at least 2 steps at 5 ± 0.5 seconds and 10 ± 0.5 seconds. 4. Providing an output for each channel that will result in "low" or grounded condition of the appropriate input of a Model 170 controller unit. For Class II signals the output shall be steady. Each discriminator module shall be powered from 115 volt (95 volts AC to 135 volts AC), 60 Hz mains and will contain an internal, regulated power supply that supports up to twelve optical detectors. Electric power, one detector input for each channel and one output for each channel, shall terminate at the printed circuit board edge connector pins listed below. Board edge connector pin assignments shall be as follows: Pins Function Pins Function A Ground P Not used D Channel A primary detector input R Detector 24 VDC power output E Detector 24 VDC power output S Not used F Channel A output, collector (+) T Not used H Channel A output, emitter (-) U Not used J Channel B primary detector input V Detector ground K Detector ground W Channel B output collector (+) L Earth ground X Channel B output emitter (-) M AC-(in) Y Not used N AC + (in) Z Not used Two auxiliary inputs for each channel shall enter each module through the front panel connector. Pin assignment for the connector shall be as follows: Function Auxiliary detector 2 input, Channel A Auxiliary detector 1 input, Channel B Auxiliary detector 2 input, Channel B Auxiliary detector 1 input, Channel A Each channel output shall be an optically isolated NPN open collector transistor capable of sinking 50 milliamperes at 30 volts and shall be compatible with Model 170 controller unit inputs. Each discriminator module shall be provided with means of preventing transients received by the detector from affecting the Model 170 controller assembly. Revised 10/08/03 Contract No. 3667-13 Page 85 of 107 Pages Each discriminator module shall have a single connector board, shall be capable of being inserted into the input file of a Model 332 cabinet and shall occupy one slot width of the input file. The front panel of each module shall have a handle to facilitate withdrawal and the following controls and indicators for each channel: 1. A Command (High) and Advantage (Low) solid-state LED indicator for each channel to display active calls. 2. A test switch for each channel to test proper operation of Command or Advantage priority. 3. A single confirmation light control output for each channel. These outputs shall be user configurable through software for a variety of confirmation light sequences. The front panel shall be provided with a single circular, bayonet-captured, multi-pin connector for two auxiliary detector inputs for each channel. Connector shall be a mechanical configuration equivalent to a D-Shell 44-Pin front panel. Wiring for a Model 332 cabinet shall conform to the following: Slots 12 and 13 of the input file "J" shall be wired to accept a two-channel module. Field wiring for the primary detectors, except 24-vplt DC power, shall terminate on either terminal board TB-9 in the controller cabinet or on the rear of input file "J", depending on cabinet configuration. Where TB-9 is used, position assignments shall be as follows: Position Assignment 4 Channel A detector input, 1st module (Slot J-12) 5 Channel B detector input, 1st module (Slot J-12) 7 Channel A detector input, 2nd module (Slot J-13) 8 Channel B detector input, 2nd module (Slot J-13) The 24 volt cabinet DC power shall be available at Position 1 of terminal board TB-1 in the controller cabinet. All field wiring for the auxiliary detectors shall terminate on terminal board TB-0 in the controller cabinet. Position assignments are as follows: Position Assignment 7 +24VDC from (J-13E) 8 Detector ground from (J-13K) 9 Channel A auxiliary detector input 1 10 Channel A auxiliary detector input 2 11 Channel B auxiliary detector input 1 12 Channel B auxiliary detector input 2 The contractor shall demonstrate that all of the components of the system will perform satisfactorily as a system. Satisfactory performance shall be determined using the following test procedure: 1. Each system to be used for testing shall consist of an optical emitter assembly, an optical detector, at least 200 feet of optical detector cable and a discriminator module. 2. The discriminator modules shall be installed in the proper input file slot of Model 332 controller cabinet. The controller cabinet, together with a Model 170 controller unit with the appropriate operating program, a Model 210 monitor unit and 120 volt AC power, will be available as shown on the plans and as indicated elsewhere in these special provisions. 3. One test shall be conducted using a Class II signal emitter and a distance of 2,500 feet between the emitter and the detector. All range adjustments on the module shall be set to "Maximum" for each test. 4. Each test shall be conducted for a period of one hour, during which the emitter shall be operated for 30 cycles, each consisting of a one minute "on" interval and a one minute "off" interval. During the total test period: (A) the emitter signal shall cause the proper response from the Model 170 controller unit during each "on" interval and (B) there shall be no improper operation of either the Model 170 controller unit or the monitor during each "off" interval. Revised 10/08/03 Contract No. 3667-13 Page 86 of 107 Pages 209-5.01 C Video Detection System. The video detection system shall consist of one (1) video camera and one (1) video detection processor (VDP) for each vehicle approach. A video monitor and a pointing device shall be housed in the controller cabinet. The system shall include software that detects vehicles in multiple lanes using only the video image. Detection zones shall be defined using only a video menu and a pointing device to place zones on a video image. A minimum of 24 detection zones per camera shall be available. 209-5.010(1) Functional Requirements. The VDP shall process video from a single source. The source can be a video camera or a video tape player. The video shall be input to the VDP in RS170 format and shall be digitized and analyzed in real time. The VDP shall detect the presence of vehicles in up to 24 detection zones per camera. A detection zone shall be approximately the width and length of one car. Detection zones shall be programmed via a menu displayed on a video monitor and a pointing device connected to the VDP. The menu shall facilitate placement of the detection zones and setting of zone parameters. A separate computer shall not be required for programming detection zones or to view system operations. The VDP shall store up to three different detection zone patterns. The VDP shall be able to switch to any one of the three different detection zone patterns within one second of user request via menu selection with the pointing device. The VDP shall detect vehicles in real time as they travel across each detection zone. The VDP shall have an RS-232 port for communications with an external computer. The VDP shall accept new detector patterns from an external computer through the RS-232 port when that computer uses the appropriate communications protocol for downloading detector patterns. The VDP shall send its detector patterns to an external computer through the RS-232 port when requested when that computer uses the appropriate communications protocol for uploading detector patterns. A Windows-based software program designed for local or remote connection and providing video capture, real-time detection indication and detection zone modification capability shall be provided with the system. The camera system shall be able to transmit an NTSC video signal, with minimal signal degradation, up to 300m (1000 ft). The VDP shall default to a safe condition, such as a constant call to each active detection channel, in the event of unacceptable interference in the video signal. The system shall be capable of automatically detecting a low visibility condition such as fog and respond by placing all defined detection zones in a constant call mode. A user-selected output shall be active during the low visibility condition that can be used to modify the controller operation if connected to the appropriate controller input modifier(s). The system shall automatically revert to normal detection mode when the low visibility condition no longer exists. 209-5.01 C(2) Operational Requirements. A minimum of 24 detection zones per camera shall be supported and each detection zone can be sized to suit the conditions and the desired vehicle detection region. A single detection zone shall be capable of replacing multiple loops and the detection zone may be AND'ed or OR'ed together to indicate vehicle presence on a single phase of traffic movement. Placement of detection zones shall be done by using a pointing device and a graphical interface built into the VDP and displayed on a video monitor. No separate computer shall be required to program the detection zones. Up to three detection zone patterns shall be saved within the VDP memory and this memory shall be preserved during power outages. The selection of the detection zone pattern for current use shall be done through a menu system. It shall be possible to activate a detection zone pattern for a camera from VDP memory and have the detection zone pattern displayed within one second of activation. When a vehicle is detected crossing a detection zone, the detection zone will flash a symbol on the screen to confirm the detection of the vehicle. Detection shall be at least 98% accurate in good weather conditions and at least 96% accurate under adverse weather conditions (rain, snow or fog). Detector placement shall not be more distant from the camera than a distance of fifteen times the mounting height of the camera. Revised 10/08/03 Contract No. 3667-13 Page 87 of 107 Pages The VDP shall provide up to eight channels of vehicle presence detection through a NEMA TS1 port. The VDP shall provide dynamic zone reconfiguration (DZR) to enable normal detector operation of existing zones except the one being added or modified during the setup process. The VDP shall output a constant call on any detection channel when the corresponding zone is being modified. Detection zone outputs shall be configurable to allow the selection of presence, pulse, extend and delay outputs. Timing parameters of pulse, extend, and delay outputs shall be user definable between 0.1 and 25.0 seconds. Up to six detection zones shall be capable of counting the number of vehicles detected. The count value shall be internally stored for later retrieval through the RS-232 port. The data collection interval shall be user definable in periods of five, fifteen, thirty or sixty minutes. 209-5.010(3) Hardware Requirements. The VDP shall be housed in a durable metal enclosure suitable for shelf mounting in the side rails of the controller cabinet. The VDP enclosure shall not exceed 180mm (7.1 in) in length and 157mm (6.2 in) in depth. The VDP shall operate satisfactorily in a temperature range of -34°C to +74°C (-29°F to +165°F) and a humidity range of 0%RH to 95% RH, non-condensing. The VDP shall be powered by 24 volts DC. VDP power consumption shall not exceed 10 watts. The VDP shall include an RS-232 port for serial communications with a remote computer. This port shall be a 9-pin "D" subminiature connector on the front of the VDP. The front of the VDP shall include one BNC video input connection suitable for RS170 video inputs. The video input shall include a switch-selectable 75-ohm or high impedance termination to allow camera video to be routed to other devices, as well as input to the VDP for vehicle detection. The front of the VDP shall include one BNC video output providing real time video output that can be routed to other devices. 209-5.010(4) Video Detection Camera. The video camera shall be furnished by the VDP supplier and shall be qualified by the supplier to ensure proper system operation. The camera shall produce useable video image of the bodies of vehicles under all roadway lighting conditions, regardless of time of day. The minimum range of scene luminance over which the camera shall produce a useable video image shall be the minimum range of night time to day time but not less than the range of 0.1 lux to 10,000 lux. The camera shall use a CCD sensing element and shall output monochrome video with resolution of not less than 380 lines vertical and 380 lines horizontal. The camera shall include an electronic shutter control based upon average scene luminance and shall be equipped with a factory adjusted manual iris. The camera shall include a variable focal length lens with variable focus that can be adjusted, without opening the camera housing, to suit the site geometry by means of a portable interface device designed for that purpose and manufactured by the detection system supplier. The horizontal field of view shall be adjustable from 8.1° to 45.9°. A single camera configuration shall be used for all approaches in order to minimize setup time and spares required by the user. The camera electronics shall include AGC to produce a satisfactory image at night. The camera shall be housed in a weather-tight sealed enclosure. The camera enclosure shall be able to rotate to allow proper alignment between the camera and the traveled road surface. The camera enclosure shall be equipped with a sun shield. The sun shield shall include a provision for water diversion to prevent water from flowing in the camera's field of view. The camera enclosure with sun shield shall be less than 170mm (6 in) in diameter, less than 380mm (15 in) long, and shall weigh less than 13.3kg (6 pounds) when the camera and lens are mounted inside the enclosure. The camera enclosure shall include a thermostatically controlled heater to assure proper operation of the lens at low temperatures and to prevent moisture condensation on the optical faceplate of the enclosure. When mounted outdoors in the enclosure, the camera shall operate satisfactorily in a temperature range of -34°C to +60°C (-29°F to +140°F) and a humidity range of 0% RH to 100% RH. The camera shall be powered by 120/240 VAC, 50/60 Hz. Power consumption shall be 15 watts or less under all conditions. Revised 10/08/03 Contract No. 3667-13 Page 88 of 107 Pages Recommended camera placement height shall be 10m (33 ft) above the roadway, and over the traveled way on which vehicles are to be detected. For optimum detection, the camera should be centered above the traveled roadway. The camera shall view approaching vehicles at a distance not to exceed 100m (350 ft) for reliable detection (height:distance ration of 10:100). Camera placement and field of view shall be unobstructed and as noted in the installation documentation provided by the supplier. The camera enclosure shall be equipped with separate, weather-tight connections for power and video cables at the rear of the enclosure. These connections may also allow diagnostic testing and viewing of the video signal at the camera while the camera is installed, using a lens adjustment module supplied by the VDP supplier. Video and power shall not be connected within the same connector. The video signal output by the camera shall be black and white in RS170 or CCIR format. The video signal shall be fully isolated from the camera enclosure and power cabling. 209-5.010(5) Installation Requirements. The coaxial cable to be used between the camera and the VDP in the controller cabinet shall be Belden 8281 or a 75 ohm, precision video cable with 20 gauge solid bare copper conductor (9.9 ohms/M), solid polyethylene insulating dielectric, 98% (min) tinned copper double-braided shield and black polyethylene outer covering. The signal attenuation shall not exceed 0.78 dB per 30m (100 ft) at 10 MHz. Nominal outside diameter shall be 8mm (0.304 in). The coaxial cable shall be a continuous, unbroken run from the camera to the VDP. This cable shall be suitable for installation in conduit or overhead with appropriate span wire. 75 ohm BNC plug connectors shall be used at both the camera and controller. The coaxial cable, BNC connector and crimping tool shall be approved by the supplier of the video detection system, and the manufacturer's instructions must be followed to ensure proper connection. The power cabling shall be 16 AWG three conductor cable. The cabling shall comply with the National Electric Code, as well as local electrical codes. Cameras may acquire power from the luminaire if necessary. The video detection system shall be installed by supplier factory certified installers and as recommended by the supplier and documented in the installation materials provided by the supplier. Proof of factory certification shall be provided. 209-5.010(6) Warranty. The supplier shall provide a limited two year warrant on the video detection system. See supplier's standard warranty included in the Terms and Conditions of Sale documentation. During the warranty period, technical support shall be available from the supplier via telephone within four hours of the time a call is made by the user. This support shall be made available from factory certified personnel or factory certified installers. During the warranty period, updates to the VDP software shall be made available from the supplier without charge. 209-5.010(7) Maintenance and Support. The supplier shall maintain an adequate inventory of parts to support maintenance and repair of the video detection system. These parts shall be made available for delivery within 30 days of placement of an acceptable order at the supplier's current pricing and terms of sale for said parts. The supplier shall maintain an ongoing program of technical support for the video detection system. This technical support shall be available via telephone, or via personnel sent to the installation site upon placement of an acceptable order at the supplier's current pricing and terms of sale for on site technical support services. Installation or training support shall be provided by a factory authorized representative. All product documentation shall be written in the English language. The contractor shall ensure the presence of a factory authorized representative at the time of traffic signal turn-on. 209-5.02 Pedestrian Push Button Assemblies. Where shown on the plans, pedestrian push button assemblies of substantial tamper-proof construction and signs shall be furnished and installed. The housing shall be either die-cast or permanent mold cast aluminum, or when specified shall be ultraviolet stabilized, self-extinguishing structural plastic. Plastic housings shall be black matching Color No. 17038, 27038 or 37038 of Federal Standard No. 595B, and shall be colored throughout. The assembly shall be rainproof and shall be shockproof in any weather condition. The pedestrian push button switch shall be a phenolic enclosed precision snap-acting type, single- pole, double-throw, switching unit, with screw type terminals, rated 15 A at 125 volts AC, and shall have the following characteristics: Revised 10/08/03 Contract No. 3667-13 Page 89 of 107 Pages 1. Switching unit shall have a stainless steel plunger actuator and shall be provided with U-frame to permit recessed mounting in push button housing. 2. Switch shall have an operating force of 2.5 N (9 oz.) to 3.6 N (13 oz.) and a minimum release force of one newton (4 oz.). 3. Pretravel shall be 0.4 mm (Vw") maximum. 4. Over travel shall be 6 mm (!&} minimum. 5. Differential travel shall be 0.01 mm (0.0004") to 0.05 mm (0.002"). 6. Actuator shall have a minimum diameter of 50 mm (2"). Where a pedestrian push button is attached to a pole, the housing shall be shaped to fit the curvature of the pole and secured to provide a rigid installation. Saddles shall be provided to make a neat fit when required. Where a pedestrian push button is to be mounted on top of a Size 65 (21/2 M) diameter post, the housing shall be provided with a slip-fitter fitting and screws for securing rigidly to the post. Pedestrian push button signs shall be porcelain enameled metal or structural plastic. Push button and sign shall be installed on the crosswalk side of the pole. Arrows on push button signs shall point in the same direction as the corresponding crosswalk. Where Type A push buttons are specified, each push button assembly shall be equipped with red and green indicator lamps. Lamps shall be so connected that, when the push button has been activated, the red lamp shall be energized and continue so until the next pedestrian walk interval, at which time the green lamp shall be energized in lieu of the red lamp. At the termination of the pedestrian walk interval, the lamps shall be de-energized until the next actuation of the push button. Lenses for the lamps shall have a visible diameter of approximately 32 mm (1V4") and a length of approximately 22 mm (7/a"). On the Type A or Type B push button assembly, the sign shall attach to and be securely supported by the framework. With TypeC pedestrian push buttons, the instruction sign shall be mounted, using 2 straps and saddle brackets, on the same standard as the push button assembly. Straps and saddle brackets shall be as shown on the plans and shall be corrosion-resisting chromium nickel steel conforming to the specifications of ASTM Designation: A 167, Type 302. Bolts shall be stainless steel with a chromium content of at least 17 percent and a nickel content of at least 8 percent. Bolts shall NOT be theft-proof. 209-8 PAYMENT 209-8.01 Payment. The contract bid prices Traffic Signal Detector Loops shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing and installing, energizing, and integrating the systems, as shown on the plans, as specified in these special provisions, and as directed by the Engineer, including any necessary pull boxes (except when the type required is shown as a separate contract item); excavation and backfill; concrete foundations (except when shown as a separate contract item); pedestrian barricades; installing Agency-furnished sign panels on pedestrian barricades, on flashing beacon standards, and on traffic signal mast arms; restoring sidewalk, pavement and appurtenances damaged or destroyed during construction; salvaging existing materials; and making all required tests. Full compensation for all additional materials and labor, not shown on the plans or specified, which are necessary to complete the installation of the various systems, shall be considered as included in the prices paid for the systems, or units thereof, and no additional compensation will be allowed therefore, except as provided in Section 209-1.05, "Maintaining Existing and Temporary Electrical Systems." oRevised 10/08/03 Contract No. 3667-13 Page 90 of 107 Pages When shown as a contract item, the contract price paid per meter for cast-in-drilled-hole concrete pile (signal foundation) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing reinforced concrete pile foundations of the size shown on the Engineer's Estimate, including drilling holes, disposing of the material resulting from drilling holes, furnishing and placing anchor bolt assemblies and reinforcing steel, complete in place, as shown on the plans, and as specified in these special provisions and as directed by the Engineer. When shown as a contract item, non-reinforced portland cement concrete foundations will be measured and paid for in the manner as provided in Section 303-1.11, "Payment." When shown as a separate contract item by the lump sum or per bid item linear measurement, interconnection conduit and conductor shall include all interconnection conductors, but shall only include conduit and pull boxes containing interconnection conductors and no other conductors. The quantity of interconnection conduit and conductor to be paid for by the lump sum bid or the bid item linear measurement shall be the length of that conduit. Compensation for conduit containing interconnection conductors and other conductors shall be considered as included in the contract price paid for the item requiring the other conductors. SECTION 210 - PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CALTRANS Specification No. PTWB-01. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CALTRANS Specification No. 8010-19A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CALTRANS Specification No. 8010-004 (Type II). CALTRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CALTRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. Revised 10/08/03 Contract No. 3667-13 Page 91 of 107 Pages SECTION 213 - ENGINEERING FABRICS 213-1.5.5 Apparatus and Asphalt Cement. Middle of paragraph: Asphalt cement shall be viscosity grado AR 4000 performance grade PG 64- 213-2 GEOTEXTILES. 213-2.1 General. Add the following: Geotextile used for base stabilization shall be Mirafi 600X or approved equal. Geotextile types shall be used for the applications listed in Table 21 3-2.1 (A) TABLE 21 3-2.1 (A) GEOTEXTILE APPLICATIONS Application of Geotextile Separation of Soil and Street Structural Section Separation of Soil and Subsurface Aggregate Drain Reinforcement of Street Structural Section Remediation and Separation of Soil Reinforcement of Soil Drainage at the Interface of Soil Structures Drainage at the Interface of Soil and Structures Rock Slope Protection Fabric for Rock Sizes Below 225 kg (% Ton) Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kq (1/4 Ton) Plant Protection Covering Erosion Control Fence with 14 AWG - 150 mm x 150 mm (6"x6") Wire and 3 m (10') Post Spacing Erosion Control Fence with 1.8 m (61) Post Spacing and No Wire Fencing Type Designation 90WS 180N 200WS 270WS 270WS N/A N/A 180N 250N 90N 90WS 200WS Revised 10/08/03 Contract No. 3667-13 Page 92 of 107 Pages SECTION 214 PAVEMENT MARKERS 214-5 REFLECTIVE PAVEMENT MARKERS Add the following section: 214-5.1 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the plans and required in the specifications shall be one of the types shown in Table 214-5.1 (A), or equal thereto. TABLE 214-5.1 (A) TEMPORARY REFLECTIVE PAVEMENT MARKERS Type TFPM Manufacturer of Distributor DAPCO Davidson Plastics Company, 1 8726 East Valley Highway, Kent, Washington 98032, Telephone (206) 251-8140. Add the following section: 14-5.2 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Reflective Channelizer posts shall be orange in color. Reflective channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in size. The reflective sheeting shall be visible at 300 m at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. Reflective Channelizer shall be one of the types shown in Table 214-5.2(A), or equal thereto. TABLE 214-5.2(A) REFLECTIVE CHANNELIZER Type Safe-Hit SH236MA Carson ite " Repo "The Super Duck" SDF-436 Replaceable Post" Manufacturer of Distributor Safe-Hit Corporation 1930 West Winton Avenue, Building Hayward, CA 94545 Telephone (415) 783-6550 #11 Carsonite International Corporation 2900 Lockheed Way Carson City, NV 89701 Telephone (702) 883-5104 Western Highway Products P.O. Box 7 Stanton, CA 90680 Telephone (800) 422-4420 The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 2-5.3.3 "Submittals". Said certificate shall certify that the permanent reflective channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the engineer and were manufactured in accordance with the approved quality control program. Revised 10/08/03 Contract No. 3667-13 Page 93 of 107 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General, add the following: Unclassified excavation shall include removal and disposal of material, recompaction, mixing, grading for mitigation work, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials, all cut and fill including removal and recompaction of unsuitable soil, salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (1') of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, wetland mitigation grading and attendant work, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. 300-2.2 Unsuitable Material. 300-2.2.1 General, add the following: Unsuitable material removal and recompaction shall consist of excavating, disposing of, and recompacting loose soils in areas as directed by the Engineer. 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 "Remove and Replace 5" AC on 7" AB". The excavated material shall be placed and compacted in accordance with section 300-4 of the specifications except that section 300-4.9, Measurement and Payment, shall not apply. 300-2.2.1 General, add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site. Add the following section: 300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, alluvium, and colluvium may exist within portions of the Project site. Where required by the Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Unit Price for "Remove and Replace 5" AC on 7" AB" unless it is considered otherwise unsuitable by the Engineer in which case it may be paid for in accordance with section 300-2.2.1. Revised 10/08/03 Contract No. 3667-13 Page 94 of 107 Pages 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-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, add the following: Payment for work performed as Unclassified Excavation shall be included as part of the bid item "Remove and Replace 5" AC on 7" AB.." Payment for removal and disposal of unsuitable material shall be included as part of the bid item "Remove and Replace 5" AC on 7" AB.." Payment for Unclassified Excavation shall include costs of surveying, staking, preparation of earthwork quantity reports, placement, compaction, soil remediation, moisture adjustment and water therefore, rework of compressible soils, slope rounding, grading, stockpiling, access road, temporary detour roads, earthen swales and drainage channels as shown on the drawings or required by the contract documents. Add the following 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. Revised 10/08/03 Contract No. 3667-13 Page 95 of 107 Pages SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading "150mm (6 inches)" to "300 mm (12")". 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12") of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 302 - ROADWAY SURFACING 302-4.4 Public Convenience and Traffic Control. Add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to, mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling Coast Waste Management at (760) 929-9417. At least two weeks prior to work, Contractor shall send notification letters to all property addresses on which work shall occur. Obtaining the appropriate addresses shall be the contractor's responsibility. Letters shall be as shown in bold type as follows, with the appropriate information specific to the work inserted at the locations indicated in the brackets and italicized. (Name of Contractor) (Address of Contractor) (Contractor's License Number) (Date) As a part of the City of Carlsbad's ongoing program to maintain its streets, your street will be paved, beginning in two or three weeks. This process requires that your street be closed for one day starting at 7:00 a.m. and continuing until the Contractor removes the traffic control devices. You will be notified 72 hours in advance of the day your street will be closed by a brightly colored 3 %" x 8 1/a" card attached to your doorknob. You will also notice temporary no parking signs on your street with a specific no parking date written on it. Revised 10/08/03 Contract No. 3667-13 Page 96 of 107 Pages A successful street maintenance program depends on your cooperation. Please do not drive, walk, play, skate or allow pets on the street. Furthermore, please do not wash your car or turn on any sprinklers while you are waiting for the street to be opened. If you don't plan to leave your home before 7:00 a.m. on the day your street will be paved, and you need to use your vehicle later in the day, please park your car on an adjacent street in your neighborhood that is not signed as a no parking zone. When walking to and from your car, remember not to walk on the street. (Name of Contractor) is the Contractor that will be performing the resurfacing work for the City and you may call them at (24 hour per day attended telephone number in the 760 area code) for any questions you may have about the project. Paving of your street will not occur on the day your trash is collected. On the day your street is worked on, mail delivery may be delayed until the next day. You will not know the exact date your street will be closed until you receive the 3 Va" x 8 Ya" card. If you have a moving company scheduled to come to your house within the next two weeks, please call and inform the Contractor of the date. If you have any concerns which are not addressed by the Contractor, please call the City's Engineering Inspection Department at 760-602-2780. They will assist you in resolving the concerns. The City of Carlsbad has some of the finest streets in the county due to the concern and cooperation of citizens like you. Your cooperation is greatly appreciated." During paving operations, the Contractors schedule shall be designed to provide residents and business owners whose streets are to be paved sufficient paved parking within an 800-foot distance from their homes or businesses. Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The Contractor shall deliver the notification which shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24 hour number answered by a representative of the Contractor who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. Revised 10/08/03 Contract-No. 3667-13 Page 97 of 107 Pages For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. The precut notices shall be as shown on the example provided in Appendix "A", with the day of the week circled and appropriate information specific to the work inserted at the locations indicated in the italicized font. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for Public Notification of Work and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. 302-5 ASPHALT CONCRETE PAVEMENT. 302-5.1 General, add the following: The Contractor shall treat all vegetation within the limits of the paved area to receive asphalt concrete paving with a post emergent herbicide. Herbicide shall be applied at least 2 (two) working days prior to paving the area. Allowance for the two day period shall be shown in the schedule required per section 6-1. 302-5.2.5 Pavement Transitions, add the following: The Contractor shall ramp the approaches and termini to all structures and vertical joints in the cold-milled area which are transverse to through traffic with temporary asphalt concrete pavement as specified in section 306-1.5.1. Ramps shall be constructed the same day as cold milling and removed the same day as permanent paving. Ramp dimensions and compaction shall be as approved by the Engineer. 302-5.4 Tack Coat. If the asphalt concrete pavement is being constructed directly upon and existing hard-surfaced pavement, a tack coat of eithor AR 4000/AR 8000/PG 64-10 paving asphalt at an approximate rate of 0.25 L/m2 (0.05 gallon per square yard) or SS-1h emulsified asphalt at an approximate rate of 0.25 L/m2 to 0.45 L/ m2 (0.05 to 0/10 gallon per square yard) shall be uniformly applied upon the existing pavement preceding the placement of the asphalt concrete. The surface shall be A similar tack coat The contact surfaces of all cold pavement joints, curbs, gutters, manholes, and the like shall be painted with either Grade SS-1h emulsified asphalt or AR 4QOO/AR 8000/ PG 64-10 paving asphalt immediately before the adjoining asphalt concrete is placed. 302-7.2.2 Tack Coat. The tack coat shall be AR 4000 PG 64-10 paving asphalt. 302-5.4 Tack Coat, add the following: The Contractor shall place a tack coat between the successive interfaces of existing pavement and new pavement when, in the opinion of the engineer, the Contractor has failed to maintain or prepare each existing or previously laid course of asphalt receiving the subsequent course of asphalt in a sufficiently clean state and the asphalt receiving the new pavement course is dirty enough to impair bonding between the next lift of asphalt. 302-5.5 Distribution and Spreading, modify as follows: After second sentence of sixth paragraph, add: The Contractor shall provide the self-propelled spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control for surface course paving. The automatic screed control shall be 9 m (30') minimum length. The paving machine shall be operated by an operator and two full-time screed men during all paving. The Contractor shall provide an on-site backup paving machine during all paving operations. Revised 10/08/03 Contract No. 3667-13 Page 98 of 107 Pages 302-5.6.1 General, modify as follows: Second paragraph, Part (2), add: Pinched joint rolling procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer. modify as follows: After last paragraph, add: Unless directed otherwise by the Engineer, the initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this section. 302-5.8 Manholes (and other structures), delete the first paragraph and replace with the following: When placing the overlay the Contractor shall pave over appurtenances in the roadway which includes sanitary and storm access covers, water valve boxes, air vents, sewer dead end boxes and survey monument boxes. Each appurtenance shall be treated or covered to prevent adhesion of the overlay. Each appurtenance shall be located and raised within 72 hours after the overlay is placed and shall be thoroughly cleaned of any and all construction debris which may have entered due to the Contractor's operation. The contractor shall adjust all CMWD water valve boxes per CMWD Standard Drawing No. W11 or CMWD Standard Drawing No. W13. All City of Carlsbad sanitary sewer access covers shall be adjusted per CMWD Drawing No. S1. All storm sewer access covers shall be adjusted per SDRSD D-10. Riser rings or extensions shall not be used for the adjustment of these appurtenances. Raising and adjusting to grade all appurtenances in the roadway shall be paid for at the contract unit price per each as shown in the Bid. Such price shall constitute full compensation for all labor, materials, and equipment necessary for completing the work as described in these specifications and plans. Other Agencies may provide adjustment rings or extensions for their appurtenances. See Section 5-6 COOPERATION for the Contractor's responsibilities regarding other Agency's appurtenances. 302-5.9 Measurement and Payment, add the following: Payment for asphalt concrete shall be at the unit price bid per ton. No additional payment shall be made for any tack coat, nor sand blotter. Add the following section: 302-11 ASPHALT PAVEMENT REPAIRS AND REMEDIATION Add the following section. 302-11.1 General. Asphalt pavement Repairs and Remediation shall consist'of the repair and restoration of existing asphalt pavement. Repair of asphalt pavement shall consist of the saw cutting, removal and disposal of existing asphalt pavement in conformance with section 300-1.3, compaction of existing subgrade in conformance with section 301-1, grading and compaction of base material in conformance with section 301-2, application of grade SS-1h emulsified asphalt and the placement of asphalt concrete base and wearing courses as specified herein. Damage to existing traffic loops caused by pavement repairs or grinding will require immediate replacement of the traffic loops unless video detection has been set up and the loops are unnecessary. If pavement fabric or petromat is encountered during any pavement repairs or grinding, the Contractor shall remove and dispose of it. The cost of the work described in this section shall be included in the bid price for the repair itself or cold milling (grinding). Revised 10/08/03 Contract No. 3667-13 Page 99 of 107 Pages Add the following section. 302-11.2 Remove and Replace 10" AC and AB. Work for this bid item shall consist of removing asphalt concrete and/or aggregate base/subgrade to 10 inches below existing asphalt surface, disposing of removed material, and replacing the material so removed with asphalt concrete and base. The area shown on the plans or set forth in the bid item are for estimating purposes only. Actual quantity will be as measured in the field. The Engineer will designate and mark the final limits of the asphalt patch area by outlining the area to be patched. The Contractor shall cut such areas to straight lines in square or rectangular areas as marked. The area so cut shall have two of the sides at right angles to the direction of traffic. The excavated faces of the base/subgrade shall be straight and vertical. The Contractor shall compact the upper 12 inches of subgrade to 95% relative compaction. A tack coat of SS-1h emulsified asphalt shall be applied uniformly to all asphalt to asphalt contact surfaces at a rate of 0.25 L/m2 to 0.45 L/m2 (0.05 to 0.10 gallons per square yard) in accordance with subsection 302-5.4, SSPWC. The Contractor shall fill and compact areas designated to be removed with 4" AC on 6" AB. The Contractor is required to use a self-propelled paving machine for areas 7 feet wide and wider. Asphalt binder grade shall be PG 64-10. The asphalt concrete so constructed shall have a finish surface and density conforming to subsection 302-5.6.2 SSPWC. Add the following section. 302-11.3 3-Inch Remove and Replace AC. The area shown on the plans or set forth in the bid items is for estimating purposes only and the final quantities will be as measured in the field by the Engineer. The Engineer will designate and mark the final limits of the remove and replace areas in the field by outlining the area to be patched with paint. The Contractor shall remove the asphalt concrete in the designated area to the depth required per the requirements of subsection 302-5.2 of the SSPWC. The Contractor shall sweep the street, keep dust to a minimum, and remove and dispose of the AC at the Contractor's expense. A tack coat of SS-1h emulsified asphalt shall be applied uniformly to all asphalt-to-asphalt contact surfaces at a rate of 0.25 L/m2 to 0.45 L/m2 (0.05 to 0.10 gallons per square yard) in accordance with subsection 302-5.4, SSPWC. The Contractor shall fill the area with asphalt concrete and compact so that the finished surface of the AC is flush with the surrounding pavement. The Contractor is required to use a self-propelled paving machine for areas 7 feet wide and wider. Asphalt binder grade shall be PG 64-10. The asphalt concrete so constructed shall have a finish surface and density conforming to subsection 302-5.6.2 SSPWC. Where the Inspector has called for Root Removal, the Contractor shall cleanly cut interfering roots and dispose of the debris. In some cases base material may be needed to fill the voids left by the root removal. Payment for the work described in this Section will be made per the appropriate bid item and no extra payment will be made for root removal, disposal, base material, compaction, etc. Add the following section. 302-11.4 Asphalt Concrete Leveling Course. This work shall consist of furnishing, placing, and compacting asphalt concrete pavement to the thicknesses indicated on the plans and shall conform to Sections 203 and 302-5 of the SSPWC and these Supplemental Provisions. The leveling course shall be placed with a self-propelled paving machine. Asphalt concrete for the leveling courses shall be 3/8" Medium - PG 64-10 and shall conform to Sections 203 and 302-5 of the SSPWC and these Supplemental Provisions. No recycled aggregate shall be used. The aggregate shall be virgin crushed rock. The aggregate shall conform to 203-6.2.2 of the SSPWC. Asphalt concrete shall not be placed when the atmospheric temperature is below 55 degrees F or during unsuitable weather as decided by the Engineer. A•K Revised 10/08/03 Contract No. 3667-13 Page 100 of 107 Pages Add the following section. 302-11.5 Cold Milling. Cold Milling or grinding shall be in accordance with the provisions of Section 302-5.2 of the Standard Specifications for Public Works Construction, 2003 Edition. The Contractor shall cold mill or grind the existing AC to the width and depth as shown on the plans. In the field, the Engineer may change the width and depth of the cold milling at his discretion. If the Contractor's cold milling severs any traffic detection loops, the Contractor shall replace them immediately at the Contractor's expense. Existing advance traffic signal loop detectors shall be replaced by the Contractor, even when video detection has been installed at the intersection. Payment for construction, removal, and disposal of temporary asphalt concrete ramps shall be included in the bid item for cold milling. If the Contractor encounters pavement fabric or petromat during cold milling, the Contractor shall remove and dispose of the pavement fabric or petromat. The cost of removing and disposing pavement fabric or petromat shall be included in the Contractor's bid price for cold milling and no additional payment will be made therefor. Add the following section. 302-11.6 Crack Sealing. The Contractor shall wash, blow out and thoroughly dry all cracks designated to be sealed before installing elastomeric sealant material. The Contractor shall dispose debris from crack cleaning outside the public way in accordance with Section 7-8.1, "Cleanup and Dust Control." The hot-melt rubberized asphalt shall be melted in a jacketed, double boiler type melting unit. Temperature of the heat transfer medium shall not exceed 245°C (475°F). Application of the hot-melt sealant shall be made with a pressure feed applicator or pour pot. Sealant shall be applied when the pavement surface temperature is greater than 4°C (40°F). Containers of hot-melt sealant shall be delivered to the job-site in unopened containers that are clearly marked with data showing the manufacturer's name, the product designation and the manufacturer's batch number and lot numbers. The level of the sealant shall be flush with the surface of the existing pavement. All excess sealant shall be removed from the crack with a minimum overlap onto adjacent pavement. Add the following section. 302-11.8 Measurement and Payment. Quantities of pavement repairs as set forth in the bid items are for estimating purposes only. Final quantities will be as designated and measured in the field. The Engineer will designate and mark the limits of the repairs. Full compensation for conforming to the requirements of constructing pavement repairs shall include but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work as outlined in the appropriate section, including, saw cutting and removing and disposing 300 mm (1') thick section of existing asphalt concrete, aggregate base/subbase and basement soil as designated by the engineer, placement of asphalt concrete, compaction of subbase and asphalt concrete, placement of SS-1h asphalt emulsion and all other work incidental to the pavement repairs shall be considered as included in the contract unit price bid and no additional compensation will be allowed therefore. Payment for the asphalt concrete leveling course shall be made as shown in the bid schedule which shall include full compensation for all labor, materials, tools, equipment, incidentals, and for doing all work involved in furnishing and placing the asphalt concrete as called for in the SSPWC and these Supplemental Provisions. No additional compensation shall be made therefore. The bid price for cold milling shall include removing and disposing of pavement fabric when encountered. Full compensation for conforming to the requirements of crack sealing shall include but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals necessary to do the work. Crack cleaning, roadway clean up, application of sealant, removal of excess sealant and all other work incidental to crack sealing shall be considered as included in the contract unit price bid and no additional compensation will be allowed therefore. Revised 10/08/03 Contract No. 3667-13 Page 101 of 107 Pages SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.1.1 General. Add the following: All concrete curbs, gutters, sidewalks, cross gutters, ramps and driveways shall be installed per the City of Carlsbad Standards and the San Diego Regional Standard Drawings. All concrete curbs, gutters, sidewalks, cross gutters, ramps and driveways shall include the placement and compaction of 6" of aggregate base unless deemed unnecessary by the engineer. The cost of the installation of aggregate base and all associated work shall be included in the bid price for the concrete work. Traffic Plates shall be used over new concrete when requested by the Engineer. At the Engineer's discretion, high early strength concrete may be substituted for traffic plates. The cost of traffic plates or high early strength concrete shall be included in the bid price for the concrete work. 303-5.5.2 Curb, add the following: The Contractor shall stamp the curb face with 75 mm (3") high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A) TABLE 303-5.5.2(A) Curb Face Markings Type of underground facilities Water Service Lateral Sewer Service Lateral Irrigation Water Lateral or Sleeve Marking W S RW 303-5.9 Measurement and Payment, add the following: Curb and gutter shall not be considered as continuing across driveways, spandrels, and access ramps when constructed adjacent thereto. The curb and gutter adjacent to driveways, spandrels, and access ramps shall be included in the bid price for the driveway, spandrel, or access ramp. Neither curb, nor gutter will be paid for across the length of local depressions, except that which occurs in gutter transitions at each side of an inlet. The cost of the installation of aggregate base and all associated work shall be included in the bid price for the concrete work. The cost of traffic plates or high early strength concrete shall be included in the bid price for the concrete work. Revised 10/08/03 Contract No. 3667-13 Page 102 of 107 Pages SECTION 307 - STREET LIGHTING AND TRAFFIC SIGNALS 307-3 STREET LIGHTING CONSTRUCTION. Modify as follows: Section 209, "Signals, Lighting and Electrical Systems" herein, shall replace Section 307-3, "Street Lighting Construction", of the SSPWC in all matters pertaining to the specifications for measurement, payment, warranty, and methods of construction for all elements of street lighting. 307-4 TRAFFIC SIGNAL CONSTRUCTION. Modify as follows: Section 209, "Signals, Lighting and Electrical Systems" herein, shall replace Section 307-4, Traffic Signal Construction", of the SSPWC in all matters pertaining to the specifications for measurement, payment, warranty, and methods of construction for all elements of traffic signals. SECTION 310-PAINTING 310-5 PAINTING VARIOUS SURFACES. 310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Plans, or for approved temporary detours essential for safe control of traffic through and around the construction site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings. 310-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm (V8") in 3 m (10') when measured parallel to the centerline of the street or more than 6 mm (V4") in 3 m (10') when measured perpendicular to the centerline of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. 310-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans by wet grinding methods. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.10') thick asphalt concrete overlay is not permitted. Revised 10/08/03 Contract No. 3667-13 Page 103 of 107 Pages 310-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contractor shall establish the necessary control points for all required pavement striping and markings by surveying methods. No layout of traffic striping shall be performed by the Contractor before establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than 80mm per 100m (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight stripes deviating more than 80mm per 100mm (1/2 inch in 50 feet) by wet grinding, and then correcting the markings. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the work progresses. 310-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer. The Contractor shall paint the ends of each median nose yellow. Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. 310-5.6.10 Measurement and Payment. Modify the first paragraph as follows: Final and temporary traffic striping, curb markings and pavement markings as shown on the plans and required by the specifications shall be included in the appropriate bid item, and no additional compensation will be allowed therefore. Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and no additional compensation will be allowed therefore. The prices bid shall include all labor, tools, equipment, materials, and incidentals for doing all work in installing the final and temporary traffic striping. SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT. Add the following to the third paragraph: 4) When being installed on asphalt concrete pavement sooner than 14 days after placement of the asphalt concrete pavement course on which the pavement markers are to be placed. Add the following section: 312-1.1 Reflective Channelizer Placement and Removal. The Contractor shall place and remove reflective channelizers the same as for pavement marker placement and removal. The Contractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on curved alignment to the same tolerances of position as for application of paint in section 310-5.6.8. The Contractor shall perform all layout work necessary to place the channelizers to the proper alignment. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. When reflective channelizers are removed the pavement surface shall be restored to the same color and surface finish as the adjacent pavement. SECTION 313 - TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section: 313-1.1 General. The Contractor shall supply and install temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way served by said final and temporary traffic pavement markers, signing, railing (type K) and appurtenances to public traffic. Revised 10/08/03 Contract No. 3667-13 Page 104 of 107 Pages 313-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of the removable-type pavement markers shall conform to the section 312 "Pavement Marker Placement and Removal", except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in section 312-1 "Placement", shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. Add the following section: 313-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm (3" x 12") in size. The reflective sheeting shall be visible at 300 m (1000') at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in section 312-1, "Placement." Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer. The Channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved alignment. All layout work necessary to place the Channelizers to the proper alignment shall be performed by the Contractor. If the Channelizers are displaced or fail to remain in an upright position, from any cause, the Channelizers shall immediately be replaced or restored to their original location, by the Contractor. The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of section 4-1.5, "Certification". Said certificate shall certify that the Channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the Engineer and were manufactured in accordance with a quality control program approved by the Engineer. Revised 10/08/03 Contract No. 3667-13 Page 105 of 107 Pages Add the following section: 313-2 TEMPORARY TRAFFIC SIGNING. Add the following section: 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 313-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary channelizers, temporary signing, temporary railing (type K), temporary crash cushions and temporary appurtenances shown on the plans or traffic control plans, or required in the specifications are a part of the lump-sum bid 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, or traffic control plans, as specified in the Standard Specifications 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. Page 419 400-4 ASPHALT CONCRETE 400-4.1 General. Asphalt concrete shall be a mixture of mineral aggregate and paving or liquid asphalt mixed at a central mixing plant. This material will be designated by the type of asphalt concrete, class of aggregate grading, and grade of asphalt, i.e., "Ill B2 AR 4000" "III-B2-PG 64-10" and shall conform to the requirements in this section. Revised 10/08/03 Contract No. 3667-13 Page 106 of 107 Pages APPENDIX "A" CITY OF CARLSBAD ROAD WORK ABC CONTRACTORS OFFICE # (760)XXX-XXXX FIELD # (760)XXX-XXXX Dear resident: As a part of the City of Carlsbad's ongoing program to maintain its streets, your street will be repaired and resurfaced with asphalt concrete. Your street, from XXX St. to XXX Ave. will be restricted from: Beginning Date: XX/XX/XX Ending Date: XX/XX/XX from 7:OOA.M. to 5:00 P.M. If you don't plan to leave your home by 7:00 A.M. on the above date please park your car on an adjacent street in your neighborhood that will not be resurfaced. Streets scheduled for resurfacing can be determined by calling either the Contractor or the City of Carlsbad's Project Inspector. When walking to and from your car, remember not to walk on the newly overlaid street or you will have black residue on the bottom of your shoes. Please do not drive, walk on, walk pets, play, or skate on the newly overlaid asphalt. Also, please refrain from watering your lawns, washing cars, etc., approximately 6-8 hours after the asphalt is laid as running water will cause damage to the new surface. ABC is the Contractor that will be performing the resurfacing work for the city and you may call them at the above phone number if you have any questions regarding the project. Resurfacing of your street will not occur on the day your trash is collected. Mail delivery may be delayed if the postman cannot reach the mailbox that day. If you have a moving company scheduled for that day please call and inform the Contractor of the date. If you have any concerns which cannot be addressed by the Contractor, you may call the City's Project Inspector @ (xxx) xxx-xxxx. Thank you for your cooperation as we work to make a better City of Carlsbad. 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