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C-5204 - 2012-2013 Sidewalk, Curb & Gutter Replacement
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC June 11, 2014 Grigolla & Sons Construction Co. Inc. P.O. Box 949 Azusa, CA 91702 Subject: 2012-2013 Sidewalk, Curb and Gutter Replacement Project C-5204 Dear Grigolla & Sons Construction Co. Inc.: On June 11, 2013 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on June 26, 2013. Reference No. 2013000386281. The Surety for the contract is International Fidelity Insurance Company and the bond number is 0600989. Enclosed is the Faithful Performance Bond. Sincere) Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov TO ACTe This bond was executed in three(3) PREMIS JEOT TSURO ONPRACTTE J AND W MIS identical counterparts. BASED ON PNAL CONTRACT PECS. City of Newport Beach 2012-2013 SIDEWALK. CURB & GUTTER REPLACEMENT Contract No. 5204 BOND NO. 0600989 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ B, 371.00 being at the rate of 5 25 . 00 / $15.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Grigolla & Sons Construction Co., Inc., hereinafter designated as the "Principal", a contract for construction of 2012-2013 SIDEWALK, CURB & GUTTER REPLACEMENT, Contract No. 5204 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference_ WHEREAS, Principal has executed or is about to execute Contract No. 5204 and the terms thereof require the furnishing of a Bond forthe faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and International Fidelity Insurance Company duly authorized to transact business under the laws of the State of Carifornia as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Ninety -One Thousand, Four Hundred and 00/100 Dollars ($491,400.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to he made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 31 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract orto the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) yearfollowing the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 19th day of November '2012. Grigolla & Sons Con'structlon Co., Inc. (Principal) International Fidelity Insurance ComDanv Name of Surety 13400 Sabre Springs Parkway, Suite 245 San Diego, CA 92128 Arturo Ayala, Attorney -In -Fact Address of Surety Print Name and Title (858)-513-1795 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 32 ACKNOWLEDGMENT ..............•u...............•.............................................. State of California County of orange }ss. On 11/19/12 before me, Susan Pugh Notary Public, personally appeared Arturo Ayala who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/axe subscribed to the within instrument and acknowledged to me that he/OwAllap executed the same in histherifimbt authorized capacity**, and that by his4wdtheor signatures(2) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 2o,n'. Signature Susan el4h QUGN34229 nCallfarnia ttUNTY �` Apr 29, 2015 (sea4 ............................................................................... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL. INFORMATION 19/12 Faithful Performance Bond Two No Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer. Trustee _ Power of Attorney _ CEO/CFOICOO President / Vice -President / Secretary / Treasurer X Other: Attorney -In -Fact Other Information: 33 Thumbprint of Signer ❑ Check here it no thumbprint or fingerprint is available. ACKNOWLEDGMENT ............................................................................... State of California County of //44 s � e }ss. 55 On //h f before me, Notary Public, personally appearedj7 ,who proved to me on the basis of satisfactory evidence to be the person(z) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/sllaey executed the same in his/hem authorized capacity(a4, and that by his/lir signatures($) on the instrument the person(®, or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. — llhm2l� Sig re v (,; f SIS S F b u g (seal) •.............................................................. a ..... .......... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION t Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO _ President / Vice -President / Secretau / Treasurer Other: Other Information: 0 Thumbprint of Signer V1 Check hem ff no thumbprint or fingerprint is available. QNE NEWARK CENTER, ZGTH FLOOR NEWARK, NkW JEM$tY UIM1402uf • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC September 3, 2013 Grigolla & Sons Construction Co. Inc. P.O. Box 949 Azusa, CA 91702 Subject: 2012-2013 Sidewalk, Curb and Gutter Replacement Project - C-5204 Dear Grigolla & Sons Construction Co. Inc.: On June 11, 2013, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on June 26, 2013, Reference No. 2013000386281. The Surety for the bond is International Fidelity Insurance Company and the bond number is 0600989. Enclosed is the Labor & Materials Payment Bond. Sincerel Leilani I. Brown, MMC City Clerk Enclosure Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachea.gov PREMUM IS FOR CONTRACT TERM This bond was executed in three(3) BASED ONFINAL CONTRACT PRICE. identical counterparts. City of Newport Beach 2012-2013 SIDEWALK, CURB & GUTTER REPLACEMENT Contract No. 5204 BOND NO. 0600989 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Grigolla & Sons Construction Co., Inc., hereinafter designated as the "Principal," a contract for construction of 2012-2013 SIDEWAM CURB & GUTTER REPLACEMENT, Contract No. 5204 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 5204 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor dare thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, International Fidelity Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Four Hundred Ninety -One Thousand, Four Hundred and 001100 Dollars ($491,400.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; 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 present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery 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, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 35 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications ac oompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 19th day of November __-2012. At L/, -D- (fir.) r" col( a Grigolla & Sons Construchon Co., Inc. (Principal) International Fidelity Insurance Comoanv Name of Surety 13400 Sabre Springs Parkway, Suite 245 San Diego, CA 92128 Arturo Ayala, Attorney -In -Fact Address of Surety Print Name and Title (858) 513-1795 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED REP ACKNOWLEDGMENT State of California County of orange } Ss. On 11/19/12 before me, Susan Pugh Notary Public, personally appeared Arturo Ayala .who proved to me on the basis of satisfactory evidence to he the person(s) whose names) is/aye subscribed to the within instrument and acknowledged to me that helala*Ahey executed the same in hislinerAheir authorized capacityowaj, and that by his/hs#tWr signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea(. Signature Susan Pugh SUSAN PUGH ♦ COMM.#1934229 -California NotaPublic ORANGE COUNTY MyCa.ExpieApr29,2015 Notary nrcLL RURNPRORR (seal) ••..a..........Fe.f.... Y...i................ WN .......... P .......... m........... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INPORMAT70M 11/19/12 Labor and Materials Payment Bond Two No Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer. Trustee _ Power of Attomey CEO/CFO/COO President I Vice -President I Secretary / Treasurer X Other: Attorney -In -Fact Other Information: 37 Thumbprint of Signer ij Check here if no thumbpnffi or fingerprint is available. 0 10 ACKNOWLEDGMENT ............................................................................... State of California County of ss. On before me, 6 Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the persona) whose name(p) islam subscribed to the within instrument and acknowledged to me that he/shy executed the same in his/Meir authorized capacity*s), and that by his/heir signaturesfta) on the instrument the person,), or the entity upon behalf of which the persq*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signa re STELLA GRIGTOLLA I� Cot # 1870454 in 1h r 9 NOTARY' PU'L!L CAL! FORiJIA e \\`.tea -"-' Loss ANG['rg COUNTY r� 6 PAY Com!A. Exp. Nov. 6, 2013. i (seal) ..............................................................................1 Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION Type of Satisfactory Evidence: / I/ Personally Known with Paper Identification T Paper Identification Credible Witness(es) ::2- A.1 A.1 v Capacity of Signer: _ Trustee Power of Attorney CEO/CFO/COO L, President / Vice -President / Secre ry/ Treasurer Other: Other Information: /' %-z-&J 7f,23 t' IN Thumbprint of Signer Check hem if no thumbprint or fingerprint is available. INTERNATJON) this 12th day Of M ntof' radon.:'.; 31 Vor IE Ito set m rgho;d OM ialSeal ind yes t UG OF NEW JERSEY Expires Mar. 27, 2044 hereunfq setrnyhandt4le 19thdw& November, , 40-12 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIA'IIIIII��IIIIIIII�IIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIII IIII��� NO FEE *$ R 0 0 0 5 9 8 4 0 6 5$ 201300038628111:34 am 06/26/13 193 409 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Grigolla & Sons Construction Co., Inc of Azusa, CA, as Contractor, entered into a Contract on November 13, 2012. Said Contract set forth certain improvements, as follows: 2012-2013 Sidewalk, Curb and Gutter Replacement Project (C-5204) Work on said Contract was completed, and was found to be acceptable on June 11, 2013, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is International Fidelity Insurance Company. BY7��n / Public Wo s irect City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. A' Executed on �u�� ��, UP at Newport Beach, California. r BYau_ City Clerk ��ORN%P •,one I Witi tM 10A' OFFICE OF THE CITY CLERK Leilani I. Brown, MMC June 12, 2013 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: 2012-2013 Sidewalk, Curb and Gutter Replacement Project (Contract No. 5204) • 2012-2013 Street Light Improvement Project (Contract No. 5193) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. SincereN, Leilani 1. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard , Post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (949) 644-3005 � Fax: (949) 644-3039 • www.clty.newport-beach.ca.us !'! 91 Wal U1 ' NIZ E! City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Grigolla & Sons Construction Co., Inc of Azusa, CA, as Contractor, entered into a Contract on November 13 2012. Said Contract set forth certain improvements, as follows: 2012-2013 Sidewalk, Curb and Gutter Replacement Project (C-5204) Work on said Contract was completed, and was found to be acceptable on June 11, 2013, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is International Fidelity Insurance Company. BY _ Public Wo sbir�ectoK City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. s Executed on �� I�@ at Newport Beach, California. rd BY City Clerk TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL. FROM: Public Works Department David A. Webb, Public Works Director 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Alfred Castanon, Associate Civil Engineer 949-644-3314, acastanon@newportbeachea.gov APPROVED: TITLE: 2012-2013 Sidewalk, Curb & Gutter Replacement Project - Notice of Completion and Acceptance of Contract No. 5204 On November 13, 2012, City Council awarded Contract No. 5204, 2012-2015 .Sidewalk, Curb & Gutter Replacement Project to Grigolla & Sons Construction Company, for a total contract cost of $491,400 plus $49,000.00 allowance for contingencies. The required work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. 2. Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after acceptance by the City Council. liI1lZI111o1q&:1#11 Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount General Fund 7013-C2001009 $141,444.35 CDBG 7161-C2001009 $75,880.00 Measure M Tumback 7281-C2001009 $206,600.00 City Hail Reuse 7011-C1002040 $21,355,00 Total: $510,664.60 I or 5 2012-2013 Sidewalk, Curb & Gutter Replacement Project - Notice of Completion and Acceptance of Contract No. 5204 .lune 11, 2013 Page 2 Overall Contract Cost/Time Summary Awarded Final Cost at Contingency Actual Contract % Due to Directed % Due to Unforeseen Contract Amount Completion Allowance Change Change Change $491,400.00 $510,664.60 10% or less +3.9% 100% 0% Allowed Contract Time (days) 85 Actual Time Under(-) or Over (+) 24 The work necessary to complete this contract included replacement of existing sidewalk, curb and gutter, curb access ramps, driveways, and pruning tree roots in the Balboa Peninsula, West Newport, Newport Shores and Lido Isle communities. The contract was completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $491,400.00 Actual cost of bid items constructed: $448,310.60 Total change orders: $62,354.00 Final contract cost: $510,664.60 The actual cost of bid items constructed was $43,089.40 less than the original bid amount due to less concrete replacement required than originally estimated. The final contract cost was approximately 3.9 percent above the original bid amount with two change orders totaling $62,354.00. The change orders included additional concrete replacement at China Cove and Balboa Pier; along with decommissioning work at the old City Mail site involving installation of fencing, removal of stairway & access ladders, permanently securing windows and doors as well as modification to parking lot striping and signage. A summary of the project schedule is as follows: Estimated Completion Date per 2012 Baseline Schedule March 29, 2013 Project Awarded for Construction November 11, 2012 Contract Completion Date with Approved Extensions May 31, 2013 Actual Substantial Construction Completion Date April 26, 2013 2 of 2012-2013 Sidewalk, Curb & Gutter Replacement Project - Notice of Completion and Acceptance of Contract No. 5204 June 11, 2013 Page 3 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ("CEQX) pursuant to Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. NOTICING: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by: David A. Webb Public Works Director Attachment: A. Project Location Maps 3 of rXq b 1ftn� I PROOVC11ON PLACE STREET a Pk1VAiCi ITH STREET FST p¢" Q• h �1, G'� yy SSftL'G1S 0�°?y by (f\r C Ly GOOSE (r � .,� °�°u�eit` `�i�RTWpwntwtani� �' Q�i ,p5, SVMMERINN L F 'Ear "a ° gavr} � i (Pvi) r coasT �z`�a wRrq a{'Wc+Srtic� ,�atFw Ap ,uFr48'�' (�,p p b gbh.' A. 4 O HOAG SALOCA {N COVES � 1 9 N 'hgg�S bt s�✓ �� RA 411 �yy° 5A �hy y0 2a ry1$ ZE FY 2012-2013 SIDEWALK, CURB GUTTER REPLACEMENT PROJECT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5204 SHEET 1 4 of SPRTP AV CLIFF ORS G De (pvq oq W .4'Ew per) COAST S�gygV O.q ¢p�} Ci'. O!q pJy dC b _ Q! Q°p F SS. JAMES ft°Pp OS sT QP „ IPA W 5 a y RPLACE� HiCHiY Aay �Ff pS�W pLACC' p K G4 QS 3a' 9 Q Z 5 zP CL!£F h a Y D pppp� v o O2 aP kfMrs DRIVE a' FINLEY a hq cYyv�>vo o VA MAGA VOO& COAST ROAD ° 32ND O ST WA LIDO\1 O P'O Y�i'��Vw Pw H14711YAY WEST COAST Hw ' �\ 3t '5 S ) S ` �p $®OP e�$OPq;� UP ?may CRESIVE\Y DR. (PVT) m` 4 pj1'IIOE �\ y�je'�PSGPh'TP 50tH ST P � `AP \ \`\SeSPS�F9PP'acti�Or �L4W ?ONSTA Q WPVE L r'a ,i`� P 'TPP vQ w�c °o3v' U SH FPYT Oo � O!� OPS v 28tH ST\ \\ �qY? ���sgy e `iq2 ��Qe •�P �Rf Jc4: (H R �F "zsm ST 49n \ �A°A cFN�o \, W�`SPe ya�ga3}P3.tJg .*y � y� ''m �sgtfgyrssynq'H WALlopS 'iT` 1010.,K, ti °1Ap 91 HF t'" �yh. Y"r. w 7 A Uqf 'tti e 1 6q f fF4GE p ' �BOq lI BAY 8ibp In, gyFNUE ' AL � FRCYJT SS� PALBpq On o' r 0 z WEST NEWPORT, BALBOA PENINSULA & LIDO ISLE FY 2012-2013 SIDEWALK, CURB CITY OF NEWPORT BEACH & GUTTER REPLACEMENT PROJECT PUBLIC WORKS DEPARTMENT LOCATION MAP C-5204 SHEET 2 5 of5 CITY CLERK Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM on the 23rd day of October, 2012, at which time such bids shall be opened and read for Title of Project Contract No. 5204 $600,000.00 Engineer's Estimate u J?'A blic Works Director Prospective bidders may obtain Bid Documents by contacting: Mouse Graphics at (949) 548-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project. "A or C-8 " For further information, call Alfred Castanon, Project Manager at (949) 644-3314 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http:!lwww.NewportBeachQ .gov CLICK: Online Services/8idding & Bid Results City of Newport Beach • No. 5204 NOTICE INVITING ............. ..... - ........ Cover INSTRUCTIONS TO BIDDERS .............................. .......... ...... .................. _ ................. 3 BIDDER'S BOND .............................. ................... __ ..................................... ............. 5 DESIGNATION OF SUBCONTRACTOR(S) ......... __ ....... ...... __ ...... _ ...... __8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ... ................................... 9 NON -COLLUSION AFFIDAVIT ..... ........ ............ ........... ..... __ ........ _ 13 DESIGNATION OF SURETIES __ ................. __ ............. _ .......... .............. 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ............... _ ...................... _ .......... 15 ACKNOWLEDGEMENT OF ADDENDA .... ...... ___ ....... ......... __17 INFORMATION REQUIRED OF BIDDER .............. .............. ......... ......... - .......... 18 NOTICE TO SUCCESSFUL BIDDER... .................. ................. - ...................... - ..... .... 21 CONTRACT .......... ............... ........ __ ............... _22 FAITHFUL PERFORMANCE BOND... ...... - ...... ....................... ___ ............. __ ........... 30 LABOR AND MATERIALS PAYMENT BOND ........ ............... ____ ................ __ ........ .35 PROPOSAL..,._............................................................................... ........... ..... _ ... _PR -1 SPECIAL PROVISIONS ............ ............ .................. .................. - ...... SP -1 APPENDIX A —WORK SCHEDULE APPENDIX B — FEDERALLY ASSISTED PROJECT / US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 2 City of Newport Beach Contract No. 5204 MRHH• • Ml The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2, Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. K11 Contractor's License No. & Classification Grigolla & Sons Coast. Co. INC. Bidder uthorized Si a ref ritle t01i®f(a Date 0 City of Newport Beach 2012-2073 SIDEWALKLCURB & GUTTER REPLACEMENT Contract No. 5204 Bond No. GRISO-108 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be aointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Amount Bid Dollars ($lo. of Amount Bid), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2012- 2013 SIDEWALK, CURB & GUTTER REPLACEMENT, Contract No. 5204 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the elate of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 10th dater of October 2012. Grigolla & Sons Construction Co., Inc. Name of Contractor (Principal') International Fidelity Insurance Company Name of Surety 13400 Sabre Springs Parkway, Suite 245 San Diego, CA 92128 Arturo Ayala, Attorney -In -Fact Address of Surety Print Name and Title (858) 513-1795 Telephone (Notary acknowledgment of Principal & Surety must be attached) 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On 10/10/12 before me, Susan Pugh Notary Public Date Here Insert Name and Title of the Officer personally appeared Arturo Ayala Name(s) of Signer(s) 1SUSAN' PUGH COMM. t,1934229 M I- Nat -i -y PUbhc California V Oi ANGE COUNTY LL MY Comm. ExpiresApr29,2015 who proved to me on the basis of satisfactory evidence to be the person(Y) whose name(.is/Roe subscribed to the within instrument and acknowledged to me that he/stmAhW executed the same in his/hsdtlxk authorized capacity(), and that by his4wTAbaRr signature(x) on the instrument the person(&), or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above Signature of No ary Public Sus Pu OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 10/10/12 Number of Pages: One Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General 19 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer —Tltle(s)_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item 45907 Reorder: Call Toll -Free 1-800.876-6827 ACKNOWLEDGMENT ■ e e e e e e e e e e e s e . e e e e e e e 6 e e e e e e e e e e e B B e e e e e e B e e e e e 9 e e e B e A e 8. B B B m A e@ B S M 4 e 0 B 9 6 B H e e i State of California n County of ��a�=s ss. On 10 ( IV/ 1 `�;) before me, Notary Public, personally appeared tai who proved to me on the basis of satisfactory evidence to be the person( whose nameo() is/ subscribed to the within instrument and acknowledged to me that he/s)(e7tKey executed the same in his/h'�r/tt>ir authorized capacity(1g�), and that by his/hX/t�jr signatures(, on the instrument the person(;, or the entity upon behalf of which the person.(' acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. /111�u Sig tur ■ e e e e e e e . e e M e e e e e e e e s® C e B e W e e e e® B e B G 9 e B e G 8 4 5 n l G B® e N e i e r B e e B e 0 9. e B A B B B e 9 B A B B A.. I Date of Document Type or Title of Document OPTIONAL INFORMATION Number of Pages in Document &V\'e-- Document in a Foreign Language 00 Type of Satisfactory Evidence: ` Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO _x_ President / Vice -President Getary Treasurer Other: Other Information: Thumbprint of Signer Check here if no thumbprint or fingerprint is available. STELLA GRIGOLLA Comm. # 1870454 rn N NOTARY PUBLIC-CAUFORVIA L^vS A,m t. s COUNTY ►a`y j'1^- t',1Y Ct) .14i Ex'' PrOV. 6. 2013 !"?v `\'`" .. Jli��'ri/i.'b.`9.t...w.i:.fr.? �"4:'✓T"^".....,�r.:..v (seal) ■ e e e e e e e . e e M e e e e e e e e s® C e B e W e e e e® B e B G 9 e B e G 8 4 5 n l G B® e N e i e r B e e B e 0 9. e B A B B B e 9 B A B B A.. I Date of Document Type or Title of Document OPTIONAL INFORMATION Number of Pages in Document &V\'e-- Document in a Foreign Language 00 Type of Satisfactory Evidence: ` Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO _x_ President / Vice -President Getary Treasurer Other: Other Information: Thumbprint of Signer Check here if no thumbprint or fingerprint is available. DWIGHT REILLY, ARTURO AYALA, DANIEL HUCKABAY Orange, CA. their true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and S3) the signature of any such Officer of the uulpul a LIVII and t11C UUlpUldLIUII 5 SCdl May UC dIIIXCU Uy IdU5111111C LU ally pGWCI UI a't ..ICY VI UCI lllll:Cl llVll YIVCII lU1 IIIC t::AMULIUII UI dlly UUIIU, UIIUCI Ldl%lllI`.f, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when soused whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012. v, "_ ~, ' STATE OF NEW JERSEY County of Essex 19361 * ROBERT W. MINSTER SYLV�� Executive Vice President/ChiefOperating Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. 441 cn'. a ru •' s, A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar. 27, 2014 * i� W �`��dd- NErJNri,.1.L"`'�; CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 10th day of October, 2012 Contract No. 5204 State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors'shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Number Description of Work % of Total Bid Name: Address: � � � ted o ogl f Tre"?_ v CA 0 -,;IL Phone: ?�%v— 60 € J C 4e $rig°ate( r4 State License Number: Name: ao �' 4 �gu..a�v<Z� yet- (vQ.+?r MC:.c�' � �G� '4� Ad�d}ress:L� (} sT cr rr �C�'{_�j e� � qOq Phone: State License Number: L'S r_531 %c' Name: Address: Phone: State License Number: Grigolla & Sons Const. Co. INC. u igq Gare/Title TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form I II Please print or type. Bidders Name Grigofta & Som Const Co BVC Jyjfffl . I I A , JQqIq*A&fAV = a J I P11 For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. I Project Name/Number 0/0 -,2-0/� Project Description WA-- r � LPe-eell Approximate Construction Dates: From TO Agency Name Contact Person Telephone (qq)98 0�naf Original Contract Amount $±Y-�/-MFinal Contract Amount $ 4,&7 JV' If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. kJA2A1---C— pe No. 2 Project Name/Number Project Description c/� a � ..its VLIe '1�1elly 1. 'sc — Approximate Construction Dates: From ,3/ To: Agency Name Contact Person a �W6s.4-P-0 Telephone (5 opb�� Original Contract Amount Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Iv 417–z -- Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims No, 8 Project Name/Number ��t� " A –` w- Project Description Approximate Construction Dates: From To: f/f Agency Name Contact Person z f Telephone {✓ /i " Original Contract Amount Final Contract Amount $ ;� If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If }yes, briefly explain and indicate outcome of claims. Til No. 4 Project Name/Number/-Fz >, I' C- Project Description " / / Approximate Construction Dates: From (7/O To: °C3 Agency Name Contact Person�f xS Telephone ( °' if 3� Original Contract Amount $ >/7 -3', Final' Contract Amount $ f If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number f7 -e r Project Description e�-sr+d;'le 41c' Approximate Construction Dates: From '0'� To: 0 Agency Name Ai / Contact Person_ 7s�"- Telephone 00) Original Contract Amount $�' Final Contract Amount $ ` ✓� If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Vic? 11 No. 6 Project NamelNumber nqr4 Project Description --54XV4- Approximate Construction Dates: From "11D�7 To: Agency Name L�d7, LI)II-e—Z Contact Person /5%G�5 9 Telephone J� Original Contract Amount $'l'7/Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Grigolla & Sons Como Co INC Bidder Authorized Big t itle P.O. Box 949. Azusa, Ca. 91702 Ph# (626) 334-6634 Fax# (626) 334-5591 License # 514132-A Email: david@grigollaandsons.com Raymond L. Grigolla: Raymond started concrete construction with his father at age 16 as part time and after school full time. He has 29 years of managing field crews as well as first hand experience in constructing curbs, gutters, driveways, sidewalks, street pavement, breaking and demolition in-kind. Tracks and manages all company vehicles. Raymond Grigolla will be General Superintendant. John L. Grigolla: John started concrete construction with his father at age 16 as part time and after school full time. He has 28 years of managing field crews as well as first hand experience in constructing curbs, gutters, driveways, sidewalks, street pavement, breaking and demolition in-kind. Manages all company schedules. Ruben Gonzales: Ruben started concrete construction with our company as a labor. He has successfully worked his way up to senior company foreman. He has 28 years of managing field crews as well as first hand experience in constructing curbs, gutters, driveways, sidewalks, street pavement. He has an outstanding ability to correct problems before they happen. His talents also include masonry, stamped concrete, and other walks with decorative finishes. David Grigolla: Senior estimator with 24 years of field and office experience. He handles all the estimates, contracts, billings, change orders,, field measuring. Keeps all paperwork managing, in charge of safety issues. Manage all home owner letters and notices. David Grigolla will be General Manager. State of California ) ) ss. County of 40 ,' - ) Zr- JI,0 O being fat ¢uW, sgo n, deposes and says that he car s}ae is �a of rigo ons oast. Co. INC_ 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 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 fax 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 Grigolla &Sons Const. INC. e foregoing is true and correct. BidderGri underpenalty Const, Co.Coperjury o the laws A fhonze i naY~a�j g Subscribed and sworn to (or affirmed) before me on this,,,to+ day of OAC cp , 2012 by P1q7J:-- 6 --� 'proved to me on the basis of satisfactory evidence to be the personas'} who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. s' t i, n Q' LA Notary u [ic . l cF 'f07ri4h f P [SEAL] ,4ti in u °613 My Commission Expires:���°/ ig Contract No. 5204 Bidders name Grigolla & Sons Const. Co. INC. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): IXA(u/ -J'6 % 14 1 9 + TO ACCOMPANY PROPOSAL Som Bidders Name Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2011 2010 2009 2008 2007 Total 2012 No, of contracts 60& t 5-0 35 3 Total dollar Amount of Contracts (in �i(_?�y. e ,j �? J. ?,�,d w �,,. .-.y[^ 8� O' Thousands of s) wW..vr vi�i1CA) /r/IMn<< ,+ No. of fatalities No. of lost Workday Cases 3 No. of lost workday cases involving permanent transfer to another job or termination of emplo meat The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Grigolla & Sons Coact. Co. M. Classification: /'-/ 13 a 1 _ Title �j r'e, ar ��.. � The above information was compiled from the records that are avble to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitationstof those records. Signature of bidder Date ic> — Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Grigolla & Sons Const. Co. WC. Grigolla & Sons Const Co. INC. Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or Pr idynt an ecreary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. UMMEMM11'1 r •..w.. N iry CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT Bidders name City of Newport Beach Grigoita & sons Cowt. Co. INC The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: M 17 E ffl- • w . 1 Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Grigofda & Sons const. co. INC: Name of individual Contractor, Company or Corporation: Business Address: PC) 1�eyK V q -1 /4,Z : �-/i- . Cw= / 70 , ; Telephone and Fax Number.=%$� California State Contractor's License No. and Class: /' / ,w3 (REQUIRED AT TIME OF AWARD) Original Date Issued: (1 Expiration Date: 7/3 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Corporation organized under the laws of the State of e 14 % ! I. - 3L� The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide tl�e names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes ! No 1E Are any claims or actions unresolved or outstanding? Ye 1 No if yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Grigolla & Sons Const. Co. pvC. Bidder (Print name of Owner or President (c- Date On i�- io- o' 4 before me, c%/C< Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/aye subscribed to the within instrument and acknowledgedto me that he/shefthey executed the same in his/heNtheir authorized capacity(ies), and that by histherAheir signature(s) on the instrument the person(), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notify Public in and for said State ,f My Commission Expires: ft NEI E. Lt A 7 +q (SEAL) r .; F "tu , Contract No. 5204 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: CONTRACT• s s INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL s. BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 CONTRACT �1 THIS CONTRACT FOR PUBLIC WORKS entered into this\� day of ``� 2012, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City("City") and GRIGOLLA & SONS CONSTRUCTION CO., INC., a California corporation ("Contractor'), is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: The work necessary for the completion of this contract includes, but not limited to, removing sidewalk, curb and gutter, and access ramps; removing or pruning tree roots; removing trees; constructing PCC sidewalk, curb and gutter, and access ramps; installing tree root barriers, restoring private improvements impacted by the work, and other incidental items to complete work in place as required by the contract documents. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 5204, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents'). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 22 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Four Hundred Ninety -One Thousand, Four Hundred and 00/100 Dollars ($491,400.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Attention: Alfred Castanon (949)644-3314 CONTRACTOR Grigolla & Sons Construction Co., Inc. P.O. Box 949 Azusa, CA 91702 626-334-6634 626-334-5591 Fax F. INSURANCE REQUIREMENTS — CONSTRUCTION 1.1 Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 23 1.2 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, officials, employees and agents. 1.3.2 General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 1.3.4 Umbrella or Excess Liability Insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than four million dollars ($4,000,000) that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, RE including commercial general liability and employer's liability Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. 1.3.5 Builder's Risk Insurance. For Contracts with property exposures during construction, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 100% of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 1.3.6 Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability coverage with a total limit of liability of no less than $5,000,000 per loss and $5,000,000 in the aggregate per policy period dedicated to this Project. The CPL shall be obtained on an occurrence basis for a policy term inclusive of the entire period of construction. If all or any portion of CPL coverage is available only on a claims -made basis, then a 10 -year extended reporting period shall also be purchased. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim 25 which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. [Note: this provision can be waived if there is no known or suspected pollution at the project site. This provision is also not applicable to maintenance and repair contracts unless there is a known pollution risk.] 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its oubcontractors. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability (if required), shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. 1.4.4. Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file 26 with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. 1.5.3 Right to Review Subagreements. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. 1.5.4 Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.5 Requirements not Limiting. Requirements of specific coverage Features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 1.5.6 Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. 1.5.7 City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. 27 1.5.8 Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 1.5.9 Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the project or to obtain coverage for completed operations liability for an equivalent period. 5.10 Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. G. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. 3. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the 28 sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. G M� M IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the dates written below. APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY Date: I Z -/I1 ti r Aaron C. arp City Attorney ATTEST: Ia,��, Date: l Leilani I.'Brown City Clerk F i kk:�71FOfkr 30 CITY OF NEWPORT BEACH A California Municipal Corporation and City and Charte City Date:, Z E 7 z" By: Keith D. Curry Mayor GRIGOLLA & SONS CONSTRUCTION CO., INC. California Corporation tLBy: ((jr orate Officer) Title: President Print Name: John Grigolla 7 e: By: (Financia five Title: Secretary Print Name: David Grigolla Date:_ ( (— (0) — ( �) PREMIUM 1S FOR CONTRACT PERM This bond was executed in three (3) A D IS SUMECT TO ADJUSTMENL identical counterparts. BASED ON FNAL CONT RACTBREE mw ri r;r :�.: 24 Ciryl r 3+.ItZ BOND NO, 0600989 The premium charges on this Bond is $ a 371 00 being at the rate of 5 25 . 00 / $15 . 00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach; State of California, by motion adopted, awarded to Grigolla & Sons Construction Co., Inc_, hereinafter designated as the "Principal', a contract for construction of 2012-2413 SIDEWALK, CURB & GUTTER REPLACEMENT, Contract No. 5204 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. $204 and the terms thereof require the furnishing of a Bond forthe faithful performance of the Contract; NOW, THEREFORE, We, the Principal, and International Fidelity Insurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Ninety -One Thousand, Four Hundred and 00/100 Dollars ($491,400.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we hind ourselves, our heirs, executors and administrators: successors, or assigns, jointly and severally, firmly bythese present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns„ fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided an its part, to be kept and performed at the time and in the manner therein specified, and in air respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as t=herein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 31 As a part of the obligation secured hereby, and in addition to the face amount specified In this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF. this instrument has been duly executed by the Principal and Surety above named, an the 19th day of November . 2012. 7,)A U " p Gn'r; 'W(�r, Grigolla & Sons Construction Co., Inc. (Principal) international Fidelity Insurance Comcanv Name of Surety 13400 Sabre Springs Parkway, Suite 245 San Diego, CA 9212E Arturo Ayala, Attorney -Zn -Fact Address of Surety Print Name and Title (8.58)-513-1795 Telephone BE - ATTACHED 32 .."MMM........®;HBYtlY.i tlHY KMd Mb ................ S....... 4.................... A., State of California County of Orange )SS' On 11/19/12 before me, Susan Puan Notary Public, personally appeared Arturo Ayala who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/tee subscribed to the within instrument and acknowledged to me that helshmiiiexecuted the same in hls/heW#xaag authorized capacity), and that by hisAUWAhetr signatures(2) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Susan "h =ORYAN PUr 93A229 N -California aOUNTYsApr 29, 2015 ..........................4...M.Y...........0....... Y.........................I Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTtONA1 INFORMATION 11/19/12 Faithful Performance Bond, Two N'o Type of Satisfactory Evidence: Personally Known with Paper Identification Paper identification Credibie Witness(es) Capacity of Signer. Trustee Power of Attorney CEO / CFO / COO President / Vice -President / Secretary / Treasurer X Other; Attorney -In -Fact Other Information' 33 Thumbprint of Signer Q Check here if no thumbprint or fingerprint is available. fFXij.ik11* hT%4#ITC State of California County of �. j -=t )ss' On /, -' ii , before me, Public, personally appeared1 _ ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ase subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/ authorized capacity(i ), and that by his/herAtheir signatures($) on the instrument the person(#), or the entity upon behalf of which the person(,$) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signa re Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Y". s (seat) OPTIONAL INFORMATION Type of Satisfactory Evidence: t/ Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFOICOO President / Vice -President / Seecre_tary / Treasurer Other: Other Information: Im Thumbprint of Signer Check here if no thumbprint or fingerprint Is available. UNk NE KNOW ALL MEN BY THESE PRESEIP the laws of. the State of New Jersey, Pennsylvania,. having theirprincipal off DWIGHT REILLY, ARTURO A5 Orange, CA; their true a and other r and the e COMPAN' acknowled This Powe COMPAN' of INTERt CASUALT "RESOLVI Attomeys-i and affix @ related the process,a Corporatio recouglzar heretofore' and bindinj IN WITNE attested th 'S On this 1: sworn, sal COMPAN` :duly affixes a" a « eS I, the unde :compared Power of P of the said IN TESTIN F 07102-5207 JY , a corporation organized and existing under: in the City of Newark, New Jersey, do: hereby constitute and appoint \LA, DANIEL HUCKABAY it and deliver for and on its behalf as surety, any and all bons and undertakings, contracts of indemnity ch are or may be allowed, required or. permitted by law, statute, rule, regulation, contract or otherwise ice of these. presents, shall be as binding upon the said INTERNATIONAL FIDELITY 1NSURANCL VY, as fully and amply, to all intents and purposes, as if the same had been duly executed and tir principal offices. by authorityofthe y -voke nd -Laws of INTERNATIONAL FIDELITY SURANCE ANYdadlt agmee[ ng duly, pursuant to ahelddon the 20th d y of Jully 201 resolution nd ay the BoardofD ecto sap ALLEGHENY 15th day of August, 2.000: or Secretary of the Corporation shall have the war to appoint, and to revoke the appointments of, as defined or limited in their respective powers ofatomeyy, and to execute on behalf of the Corporation Makings, recognizances, contracts of indemni and ogler written obligations in the nature thereof or wra6on may appoint and revoke the appointmen s of joint -control custodians, agents for acceptance of tewaivers and consents on behalf of the Corporation; and /3) the. signature of any such Officer of the d % facsimile to any power of attorne� or certification given for the execution of any bond, undertaking, obligation in the nature thereof or reated thereto,: such signature and seals. when so used whether Corporation as the original sifignature of such officer and the original seal of the Corporation, to be valid andeffect as: though. manus yaffixed.' r�tpT T g�rsu+ rr rSFAt 1 9d ( INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and STATE OF NEW JERSEY County of Essex ROBERT W. MINSTER Executive Vice PresldenUChiefOperating Officer. (International Fidelity Insurance Company) and President (Allegheny Casualty Company) idividual who executed the preceding instrument, to me personally known, and, being by me duly officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY re the Corporate Seals of said Companies; that ,the said Corporate Seals and his signature were )yorder of the Boards of Directors of said Companies IN TESTIMONY WHEREOF, I have hereunto set m , hand affixed my Official Seal, at the City of Newark,: New Jersey the day and year first above written. y'+'rA NOTARY PUBLIC OF NEW JERSEY . My Commission Expires Mar. 27, 2014 CERTIFICATION igned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have e: foregoing copy of the Power of Attorney, and affidavit,: and the copy: of the Sections of the By -Laws of said Companies as set forth in said amey, with the originals on in the home office of: said companies, and that the same are correct transcripts thereof, and of the whole iginals, and that the said Power of Attorney has not been revoked and is now in full force and. effect. ,NY WHEREOF; I have hereunto set my hand this 19th day of November, 2012f PREMIUM IS FOR CON' Ii C?TERi1 AND IS SUBJECT TO P.DJUnMENT This bond Was executed in three(3) BASED ON FINAL CONTRACT PRICE identical counterparts. City of Newport Beach ': � IM 4 ♦ � r. In R � 1 r `r ° • t 4! BOND NO. 0600989 WHEREAS, the City Council of the City of Newport Beach, State of Caifornia, by motion adopted, has awarded to Grigolla & Sons Construction Co., Inc., hereinafter designated as the "Principal," a contract for construction of 2012-2093 SIiDEWALII CURB & GUTTER REPLACEMENT, Contract No, 5204 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, at of which are incorporated herein by this reference. WHEREAS; Principal has executed or is about to execute Contract No, 5204 and the terms thereof require the furnishing of a bond, providing that if Principal or any o€ Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, 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 the undersigned Principal, and, International Fidelity Insurance company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Four Hundred Ninety -One Thousand, Four Hundred and 001100 Dollars {$491,400.00} lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract, 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 present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery 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, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount riot exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attomey's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 35 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 19th day of November 2042. °j)'N"' 0 6 r I' ( k Grigolla & Sons Construction Co., Inc. (Principal) International Fide141-y Insurance Comnanv Name of Surety 13400 Sabre Springs Parkway, Suite 245 San Diego, CA 92128 Arturo Avala, Attorney -In. -Pact Address of Surety Print Name and Title (858) 513-1795 _ Telephone NOTARY ACKNOWLEDGMENTSOF s' •. s. D SURETY MUST M ATTACHED 36 . . V W. AW.a M M M. N....A ®M M . . . . . . Y4 0a..... W MMMM.M\MM\\M M MM M..... Aa A\4 MID..... State of California County of orange } ss. On 11/19/12 before me, Susan Pugh Notary Public, personally appeared Arturo }mala -- - - -------,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within Instrument and acknowledged to me that helst&dhey executed the same in hisMeWtAeir, authorized capaoity(), and that by hislltwAwr signatures(s) can the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the Jews of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r Signature Susan Pugh \• (seal) ....... .a... M M M M M B. 0W......MMM.MM.....Y MMMAM..... M... M 4 M M M M..... M M\.. M M. A M., Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORAIATION -11119 / 12 Labor and Materials Payment Bond Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney _CEO/CFO/COO _ President i Viee-President / Secretary I Treasurer X Other. Attorney -in -Fact Other 37 Thumbprint of Signer ( Check here if no thumbprint or fingerprint is available. y SUSAN PUGH COMM. #!1934229 Notary Public -California tt - ORANGE COUNTY '* ` •' My Ca Mir Expires A-10 2075 (seal) ....... .a... M M M M M B. 0W......MMM.MM.....Y MMMAM..... M... M 4 M M M M..... M M\.. M M. A M., Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORAIATION -11119 / 12 Labor and Materials Payment Bond Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney _CEO/CFO/COO _ President i Viee-President / Secretary I Treasurer X Other. Attorney -in -Fact Other 37 Thumbprint of Signer ( Check here if no thumbprint or fingerprint is available. 1 04, 0 I '' M00.0 ............... M... 0000M.9.................. mom................... umm"W"al State of California County of 44L(/� )ss. On before me, e,=> Notary Public, personally appeared e ,who proved to me on the basis of satisfactory evidence to be the persons) whose name(,a) is/are subscribed to the within instrument and acknowledged to me that he/s4uft-ey executed the same in his/herAheir authorized capacity0ea), and that by his/het1thew signatures{) on the instrument the persorl(f), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signa re .00 ..................... Novo ............ 0 ....... a ..... "N"O..4 ......... R ... ".6.9 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: __jL Personally Known with Paper Identification Paper Identification Credible Witness(es) ::�2_ Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO "President / Vice -President / Secre_tary / Treasurer Other: Other Information: /.;z4, P"j 7� A 0 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. TELLA GRIGOLLA 3" Nil 'A , f Ov .00 ..................... Novo ............ 0 ....... a ..... "N"O..4 ......... R ... ".6.9 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: __jL Personally Known with Paper Identification Paper Identification Credible Witness(es) ::�2_ Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO "President / Vice -President / Secre_tary / Treasurer Other: Other Information: /.;z4, P"j 7� A 0 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. are ° ONE NEW/ KNOW ALL MEN BY THESE PRESENTS DWIGHT REILLY, ARTURO AYALA, DANIEL Orange, CA. their true and `.k and other wrifir and the exert COMPANY. an acknowledged This Power of COMPANY ani of INTERNATI CASUALTY C( "RESOLVED'I Attorneys -in -Fe and affix the C related thereto Process, and A Corporation an, rex nizance, here ofore or h+ and binding upo IN WITNESS attested these s� +4t On this 12th sworn, said he COMPANY ;'tt duly affixed by, y0 `tet iy� t I, the undersign compared the fi Power of Attorn of the said origii Marx, New Jersey, no nereoy constitute: ana appoint iUCKABAY ating duty held on the 15th day of August, 2000: a it pons anounaertaKmgs,.contracts or moemnity r w, statute rule, reggulation contract or otherwise j said INtERNATIONAL FIDELITY<INSURANCf s, as if the. same had been duly executed and �ws of INTERNATIONAL FIDELITY INSURANCE ngg resolution adopted by .the Board of Directors )10 and by the Board of Directors of ALLEGHENY ;r to appoint;and to revoke the appointments of, Iney, and to execute on behalf of the Corpomlion otlrer written obligations in the nature thereof or pint -control custodians, aants for acceptance of and (3) the:. signature ot9any such Officer of the given for the execution of any bond, undertaking, ,ch signatureand seals when so used whether id the original seat of the: Corporation, to be valid n me va.�pa•, a ,nrra c a nc ryrw ana c cy� as v y r. nmwcuy WHEREOF, INTERNATIONAL INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and. 1 presents on this 12th day of March, 2012. '[Y ;� Ct+kTY STATE OF NEW JERSEY County of Essex SEAL *" 1936 ate€ 4 ROBERT W. MINSTER YLYPExecutive Vice President(Chief Operating Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) der of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF at the City of Newark,: New Je >TA�d- F+ 2 Al M) CERTIFICATION IN TESTIMONY WHEREOF I have hereunto set my hand this 'jc h dayof November,' 0 ent, to me personally known, and, being by me duty )RANCE COMPANY and ALLEGHENY CASUALTY tat :the said Corporate Seals and his signature were I have hereunto set my hand affixed my Official Seal, say the day and year first above written. OTARY PUBLIC OF NEW JERSEY Commission Expires Mar, 27, 2014 :ASUALTY COMPANY do hereby certify that I have a By -Laws of said Companies: as set forth in said e are correct transcripts thereof, and of thewhole and effect. 2012 A4, i s CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2012-2013 SIDEWALK CURB & GUTTER REPLACEMENT PROJECT L40191111111=0111111 • #, To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to fumish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 5204 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization t} ani c ca t9A �"'c Dollars and Cents Per Lump Sum N 3. Lump Sum Traffic Control tdlido " Dollars and Cents Per Lump Sum 185 EA. Replace Existing Pull Box and Cover Dollars and Cents Per Each 0 PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 34,000 S.F. Remove and Construct 4 -Inch Thick P.C.C. Sidewalk Dollars and c t �� Cents $ $ DoD Per Square Foot 5. 8,000 S.F. Remove and Construct 4 -Inch Thick Colored/Stamped P.C.C. Sidewalk (@ iK Dollars 1_ and li'a "t Cents $ $ rpp Per Squard Foot 6. 2,000 L.F. Remove and Construct Type "A" P.C.C. Curb and Gutter A_LaCeZ, Dollars and Cents $ 3 c $ Per Linear Foot 4,000 S.F. Remove and Construct Residential P.C.C. Driveway Approach @j c is Dollars andr a Cents $ v $, Per Squa oot 8: 2,OOO S.F. Remove and Construct Commercial P.C.C. Driveway Approach @ E Dollars and Cents $ $t Per Square Foot PR 3 of 5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 1,500 S.F. Remove and Construct P.C.C. Alley Approach Dollars and Cents Per Square Foot 10. 2,000 S.F. Remove and Construct 8 -inch Thick P.C.C. Cross Gutter &ez�? $ 10 lovc� I I @ IFA!14Dollars - and to Cents Per Square Foot 11. 185 S.F. Remove and Construct Catch Basin Cap (4 Catch Basins) Per Std -305-L X +Ln —Dollars and Cents Per Square Foot 12. 55 EA. Prune Tree Roots —Dollars and 610DRsr?— Cents Per Each 13. 15 EA, Install Tr'jRo t Bartier B Dollars and Cents Per Each ITEM QUANTITY AND UNIT ITEM —DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 14. 1 EA. Tree Removal F�A U%4%ollars and t)� —Cents $f $ L6o(),' Per Each 15- 1 EA. Furnish & Install Tree (36 -Inch Box) "tQ-Dollars and Cents $ Per Each 16. Lump Sum Contract ISA Certified Arborist (a) Ci e,4eeAkjAoIIars and Cents $ Per Lump Sum 17. 22 EA. Remove and Construct P.C.C. Curb Access Ramp @ Dollars o� .. and Ti Per Each Cents 18. 20 EA. Install Raised Truncated Domes at Existing Access Ramp Dollars and Cents $ $ IDIOM, Per Each I PR5of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 19. 10 EA. Remove & Replace with New Water Meter Box & Cover a�RIV�#V141i Dollars and Qo Cents $ $ Per Each 20. 5 EA. Remove & Replace with New Valve Box and Cover @o Dollars and / 00 Cents $ t $50o Per Each TOTAL PRICE IN WRITTEN WORDS r) NL,v&reec e pi and Cents Date Cls � $ o " Total Price (Figures) Grigolla & Sans Const. Co. INC.'. Bidder's Telephone and Fax Numbers B dder's Author' e Signa ure and Title 0 / 9 - Bidder's License No(s). Bidder's Address and Classification(s) Bidder's email address: 1 1 1 2 2 2 2 2 3 2 2 2 3 3 3 3 3 3 3 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2012-2013 SIDEWALK CURB & GUTTER REPLACEMENT CONTRACT NO. 5204 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.3 Survey Service 2-9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 UTILITIES 5-1 LOCATION 5-2 PROTECTION 5-7 ADJUSTMENTS TO GRADE 5-8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6-2 PROSECUTION OF WORK 6-7 TIME OF COMPLETION 1 1 1 2 2 2 2 2 3 2 2 2 3 3 3 3 3 3 3 4 4 6-7.1 General 4 6-7.2 Working Days 4 6-7A Working Hours 4 6-9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7-7 COOPERATION AND COLLATERAL WORK 5 7-8 PROJECT SITE MAINTENANCE 5 7-8.5 Temporary Light, Power and Water 5 7-8.5.1 Steel Plates 6 7-8.6 Water Pollution Control 6 7-8.6.2 Best Management Practices (BMPs) 6 7-10 PUBLIC CONVENIENCE AND SAFETY 6 7-10.1 Traffic and Access 6 7-10.2 Storage of Equipment and Materials in Public Streets 7 7-103 Street Closures, Detours, Barricades 7 7-10.4 Public Safety 8 7-10.4.1 Safety Orders 8 7-10.5 "No Parking" Signs 8 7-10-6 Notice to Residents and Businesses 8 7-15 CONTRACTOR LICENSES 9 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 12 SECTION 9 MEASUREMENT AND PAYMENT 9 9-3 PAYMENT 9 9-3.1 General 9 9-3.2 Partial and Final Payment 14 PART 2 ---CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 14 201-1 PORTLAND CEMENT CONCRETE 14 201-1.1.2 Concrete Specified by Class 14 201-2 REINFORCEMENT FOR CONCRETE 14 201-2.2.1 Reinforcing Steel 14 206-5 METAL RAILINGS 14 206-5.1 Metal Railings Materials 14 PART 3 ---CONSTRUCTION METHODS SECTION 300 EARTHWORK 14 300-1 CLEARING AND GRUBBING 14 300-1.3 Removal and Disposal of Materials 14 300-1.3.1 General 15 300-1,3.2 Requirements 15 300-1,5 Solid Waste Diversion 15 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 15 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 15 303-5.1 Requirements 15 303-5,1,1 General 15 303-5.5 Finishing 16 303-5,5.1 General 16 303-5.5.2 Curb 16 303-5.5.4 Gutter 17 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 17 308-1 GENERAL 17 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE PORTLAND CEMENT CONCRETE AND UNTREATED BASE 18 400-2 UNTREATED BASE 18 400-2.1 General 18 400-2.1.1 Requirements 18 SCHEDULE OF WORK FEDERALLY ASSISTED PROJECT/U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SPECIAL PROVISIONS FZiTi�.�►�i7 �c�.`717a�rl_1�:��117�: :' _ i � Federal Project No. B -12 -MC -06-0546 CONTRACT NO. 5204 INTRODUCTION SP 1 OF 19 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Work Schedule; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements; Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract includes, but not limited to, removing sidewalk, curb and gutter, and access ramps; removing or pruning tree roots; removing trees; constructing PCC sidewalk, curb and gutter, and access ramps; installing tree root barriers, restoring private improvements impacted by the work, and other incidental items to complete work in place as required by the contract documents." 2-9.3 Survey Service. Add to this section: "The Contractor shall notify the City in writing two working days in advance of the time that the project markings or delineations SP2OF19 are needed. All existing street and property comer monuments are to be preserved. The Contractor will be back -charged for the cost of restoring any survey ties and/or monuments damaged by the Contractor, including the cost of filing the required comer records or record of surveys with the County of Orange." 2-9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with, "(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 ............................................ 15 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 subsection, one percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 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. SECTION 4 ---CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractors readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 ---UTILITIES 5-1 LOCATION. Add the following after the P paragraph: "Within one week upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5-2 PROTECTION. Add the following: "in the event that a pull or meter box or cover that is not scheduled for replacement is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover and size at no additional cost to the City." 5-7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade of City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments The Contractor will be required to contact Southern California Edison, The Gas Company, AT&T Telephone, cable television, and any other utility facilities to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the Project Schedule. SECTION 6 ---PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6-7, shall commence on the date of the 'Notice to Proceed.' 6-1.1 Construction Schedule. Add the following between the first and second paragraphs of this section: No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for SP 4 OF 19 approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-2 PROSECUTION OF WORK. Add to this section: "Before pruning tree roots listed on the Work Schedule as 'Contract Arborist to Inspect', the Contractor's ISA Certified Arborist shall provide written documentation indicating tree root pruning can be performed without future tree damage. For trees requiring arborist inspection, the concrete work around the trees may be modified or eliminated from the contract. if the arborist cannot provide an explicit recommendation or requests tree removal, the Contractor shall obtain written approval from the Engineer to perform root pruning or tree removal work. The City's review time may take up to ten working days. Upon review, the Engineer will provide instructions to the Contractor regarding each tree's disposition. Trees slated for removal will be paid at the contract bid price. Working days will not be added to contract time for the City's review." 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 85 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work. 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." SP5OF19 6-7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for [insert p.m.] to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, or the work in a designated area, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the City and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-1.2 Temporary Utility Services. Add to this end of this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $657 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water" 7-7 COOPERATION AND COLLATERAL. WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shutdown of water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down." The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting the Utilities Operation Manager, at (949) 644-3011." 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newDortbeachca.gov/publioworks and clicking on permits, then selecting the link SP 7 OF 19 Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs). Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-8.7.2 Steel Plates. "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work. Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." 7-10.3 Street Closures, Detours and Barricades. Add to this section: 'The Contractor shall submit to the Engineer - at least five working days prior to the pre- construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detours shall incorporate the following items: Emergency vehicle access shall be maintained at all times. 1. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 2. All advanced warning sign installations shall be reflectorized and/or lighted. 3. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3466 and all affected property owners." 4. Type 11 barricades shall be located at the beginning and end of each individual closed pedestrian access area from time of removal until final cure of the sidewalk. 7-10.4 Safety 7-10.4-1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7-10.5 "No Parking" Signs, The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.7 Notices to Residents and Businesses. The Contractor shall deliver a construction notice to residents and businesses within 500 feet of the project, ten working days prior to starting work, describing the project and indicating the limits of construction. The City will provide the Notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents and businesses a second written City Notice clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared and provided by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess an "A" or "C-8" License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a Business License issued by the City of Newport Beach. At the time of the award and until completion of work, the Contractor shall retain an ISA Certified Arborist to assess all tree locations noted on WORK SCHEDULE. At the start of work and until completion of work, the Arborist shall possess a Business License issued by the City of Newport Beach. SECTION 9 ---MEASUREMENT AND PAYMENT 9-3 PAYMENT 9.3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the Proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not SP 10 OF 19 separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal; Item No. 1 Mobilization: Work under this item shall include, but not limited to, providing bonds, insurance, submittals, and financing; establishing a field office; preparing the SWPPP or BMP Plan, and construction schedule; attending meetings; surveying services; and keeping records of existing conditions prior to starting work for the Contractor's protection; and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include, but not limited to, all labor and materials relating to delivering all required notifications, posting signs and all costs incurred notifying residents and businesses. In addition, this item includes traffic control plans prepared and signed by a California -licensed Traffic Engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, temporary striping, flag persons, and changeable message boards. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City of Newport Beach Requirements. Item No. 3 Replace Existing Pull Box and Cover: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing pull box; procuring and installing new traffic grade pull box and cover per CNB STD -204-L or 205-L; reconnecting existing wirings; restoring adjacent areas; and completing all other items as required to restore system operations that were damaged by the work. Location of pull box and cover removals and construction shall be directed by the Engineer during construction. Omission of this payment item in its entirety shall not result in any compensation. Item No. 4 Remove and Construct Minimum 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing sidewalk, compacting subgrade, constructing 4 - inch thick minimum P.C.C. sidewalk per CNB STD -180-L, installing temporary AC sidewalk, adjusting sidewalk to grade to match adjacent improvements, making in-kind repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Location of sidewalk removals and construction shall be directed by the Engineer during construction. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. Item No. 5 Remove and Construct Minimum 4 -Inch Thick Colored/Stamped P.C.C. Sidewalk: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing sidewalk, compacting subgrade, and constructing 4 -inch thick minimum colored/stamped P.C.C. sidewalk per CNB STD -180-L, installing temporary AC sidewalk, adjusting sidewalk to grade to match adjacent improvements, making in-kind repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Location of sidewalk removals and construction shall be directed by the Engineer during construction. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. Item No. 6 Remove and Construct Type "A" P.C.C. Curb and Gutter: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing Type "A" P.C.C. curb and gutter per CNB STD -182-L, 12" wide x 12" deep A.C. patch back, installing dowels, curb painting, re -chiseling of curb face for existing underground utilities, restoring all existing public and private improvements damaged by the work, making in-kind repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Location of curb and gutter removals and construction shall be directed by the Engineer during construction. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. Item No. 7 Remove and Construct Residential P.C.C. Driveway Approach: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing, and disposing existing improvements associated with curb and gutter removals, and constructing P.C.C. driveway approach per CNB STD -164-L, 12" wide x 12" deep A.C. patch back, steel plating, restoring all public and private improvements impacted by the work; such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. Location of driveway removals and construction shall be directed by the Engineer during construction. Item No. 8 Remove and Construct Commercial P.C.C. Driveway Approach: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing existing improvements and constructing P.C.C. driveway approach per CNB STD -161-L, 12" wide x 12" deep A.C. patch back, steel plating as needed to provide access during non -working hours, restoring all public and private improvements impacted by the work; such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, sod, other private improvements to preconstruction conditions and all other work items as required to complete the work in place. Contractor shall complete all improvement repairs within five (5) calendar SP 12 OF 19 days of City notification. Location of driveway removals and construction shall be directed by the Engineer during construction. Item No. 9 Remove and Construct P.C.C. Alley Approach: Work under this item shall include, but not limited to, all labor and materials relating to removing existing improvements and constructing P.C.C. alley approach per CNB STD -142-L, 12" wide x 12" deep A.C. patch back, steel plates as needed to provide access during non -work hours, and all other work items as required to complete the work in place. Work under this item shall also include the removal and replacement of the existing curb per CNB STD -182-L Type B. Omission of this payment item in its entirety shall not result in any compensation. Omission of this payment item in part will not result in renegotiation in unit price. Item No. 10 Remove and Construct 8 -Inch Thick P.G.C. Cross Gutter: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing and disposing damaged portion of existing cross gutter and spandrels, compacting subgrade, placing base material, compacting base, installing dowels, constructing 8 -inch thick P.G.C. cross gutter per CNB STD -185-L, 12" wide x 12" deep A.C. patch back, adjusting City utility facilities such as street lighting, sewer, water, etc. boxes and covers to grade, and all other work items as required to complete the work in place. Location of cross gutter removals and construction shall be directed by the Engineer during construction. Omission of this payment item in its entirety shall not result in any compensation. Item No. 11 Remove and Construct Catch Basin Cap Per Std -305-L: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing and disposing damaged portion of existing catch basin cap and spandrels, compacting subgrade, placing base material, compacting base, installing dowels, face plate, frame & cover, constructing P.C.C. caps {4 locations} per CNB STD - 305 -L, and all other work items as required to complete the work in place. Item No. 12 Prune Tree Roots: Work under this item shall include, but not limited to, all labor and materials relating to root pruning and disposing per Section 308- 1, removing and disposing of excess soil, reviewing trees identified on the Work Schedule by ISA Certified Arborist, and all other work required to complete the work in place. All utilities or other improvements damaged by the work, including, but not limited to, street light conduit and wires and private irrigation lines shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 13 Install Tree Root Barrier: Work under this item shall include, but not limited to, all labor and materials relating to providing and installing new tree root barriers per Section 308-1, removing and disposing of excess soil, following the direction of the ISA Certified Arborist for trees identified on the Work Schedule, and all other work required to complete the work in place. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor SP 13 OF 19 and no additional compensation shall be made. This item may be removed or reduced in the contract at the City's discretion and no compensation shall be made for bid items removed or reduction. Item No. 14 Tree Removal: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of trees, roots, and soil; adjusting surface grade to match adjacent improvements; making repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions; restoring the ground surface and all other work items as required to complete the work in place. Trees which have not been preselected by the City for removal may take up to ten working days to process and formally approve for removal per Section 308-1. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Omission of this payment item in its entirety shall not result in any compensation. Item No. 15 Install 36 -Inch Box `Tristania Laurina' (Water Gum): Work under this item shall include, but not limited to, the cost of all labor, equipment, and materials for maintaining, furnishing and installing 36 -inch box'Trisfania Laurina' (Water Gum), transportation, delivery, storage, soil testing, placement, additional soil amendments, and all other work items as required for performing the work complete in place. One color photograph with human or measuring scale shall be provided to the Engineer for approval prior to delivery. A color photograph of the tree shall be taken from the nursery in which the plants will be delivered for submittal. Each tree shall be equipped with a 48 -inch Quick Crete tree grate type QS -48B -TG. Tree installation shall be completed by a C-27 licensed contractor. Item No. 16 Contract ISA Certified Arborist: Work under this item shall include, but not limited to, retaining an ISA Certified Arborist for the purpose of assessing tree condition for locations indentified on the WORK SCHEDULE as "Contract Arborist to Inspect." The Contractor's arborist shall provide written documentation on the condition of each tree and provide pruning recommendations to the Contractor. Following the arborist's report, concrete work around the trees may be modified or eliminated from the contract by the Engineer. Trees which have not been preselected by the City for removal and have been recommended by the arborist may require up to ten working days to process and formally approve for removal, per Section 308-1. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 17 Remove and Construct P.C.G. Curb Access Ramp: Work under this item shall include, but not limited to, sawcutting, all labor and materials relating to removing, disposing existing improvements, importing and compacting subgrade, and constructing P.C.C. Curb Access Ramp including minimum twelve square feet of raised truncated domes per CNB STD -181-L (four curb ramps along Seashore Drive shall be built per CNB STD -181-L, Case "C"), retaining curbs, 12" wide x 12" deep AC patch back, curb painting, grooving, doweling into adjacent sidewalk and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359- 3121 of Wisconsin. The Contractor shall have inspected the locations where new access ramps are to be installed and the unit price bid shall apply to all City standard curb access ramp cases required. Item No. 18 Install Raised Truncated Domes at Existing Access Ramp: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing and disposing of conflicting portions of concrete access ramp, constructing concrete base, installing minimum twelve square feet of raised truncated domes per CNB STD -181-L, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359-3121 of Wisconsin. Omission of this payment item in its entirety shall not result in any compensation. Item No. 19 Remove and Replace New Water Meter Box and Cover: Work under this item shall include, but not limited to, all labor and materials relating to removing and replacing all water meter boxes, frames and covers to grade per CNB STD -502-L or STD -503-L, match the AC finish surface and all other work items as required to complete the work in place. Omission of this payment item in its entirety shall not result in any compensation. Omission of this payment item in part will not result in renegotiation in unit price. Item No. 20 Remove and Replace New Valve Box and Cover: Work under this item shall include, but not limited to, all labor and materials relating to removing and replacing all water valve frames and covers to grade per CNB STD -511-L, and all other work items as required to complete the work in place. Omission of this payment item in its entirety shall not result in any compensation. Omission of this payment item in part will not result in renegotiation in unit price. 9-3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement Concrete for construction shall be Class 560-C-3250." SP 15 OF 19 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 206-5 METAL. RAILINGS 206-5.1 Metal Railings Materials. Add to this section: "Handrails shall be Schedule 80 - Type 316, TP316L, stainless steel conforming to ASTM A312. Steel railing shall be welded or seamless steel pipe conforming to ASTM A 53 or ASTM A 501." PART 3 CONSTRUCTION METHODS ••- 300-1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: wwwlnewt)ortbeachca.gov/generalservices and clicking on refuse, then selecting the link Franchised Haulers List." 300-1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means, The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday." 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, Medians, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words 1-1/2 inch" of the last sentence with the words "two (2) inches". 300-1.5 Solid Waste Diversion. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, MEDIANS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General. Add to this section: "l. Driveway approaches shall be reconstructed and open for use within three calendar workdays after the commencement of driveway approach removal, The Contractor shall provide access during non -working hours. The approaches must be available for use over weekends and Holidays. 2. Driveway approaches shall be constructed one half at a time so that garage access is continuously maintained, unless a signed agreement with the property owner is obtained by the Contractor. 3. Curb access ramps, sidewalk, curb and gutter shall be reconstructed and open for use within five calendar workdays after commencement of their removal. 4. Temporary AC shall be used if the concrete panels will not be replaced within the time limit. 5. Ten inches of curb and gutter subgrade shall be compacted to 95 percent relative compaction. 6. Reconstructed sidewalk and curb access ramps shall be opened to public use on the day following concrete placement. 7. All forms shall be removed, irrigation systems shall be repaired, and backfill or patch -back shall be placed within 72 hours following concrete placement, i filafflilin 8. All damaged private improvements shall be repaired in-kind to the satisfaction of the Engineer within five days of reconstructed work. 9. P.C.C. work subjected to vehicle loads such as driveways and gutters shall not be opened to traffic until the concrete has cured to a minimum strength of 3,000 psi. The Contractor shall detour traffic around such work until the work is ready for public use. 10. All excavated areas shall be allowed to remain open no longer than 24 hours prior to the placement of concrete." 303-5.5 Finishing 303-5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.G., brick, or any other hardscape within private property in a manner that matches the adjoining existing private property in structural section, texture and color." 303-5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled °S" or °W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402.° 303-5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning, and removing tree roots that interfere with work. The Contractor shall retain and follow the written recommendation of the approved ISA Certified Arborist for the safe pruning and removing tree roots in areas specified on the Work Schedule. The Arborist shall provide a written report with the recommendations to both the Engineer and Contractor. No trees shall be removed unless formal written approval is provided by the City. Prior to tree removal, the Contractor and Arborist shall arrange to meet with the City's Urban Forester, Mr. John Conway ((949) 644-3083) at the site to discuss City standards and requirements. The contract arborist shall be listed on the Designation of Subcontractor(s) form. 1. Root Pruning ;o a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. Tearing of roots will not be acceptable. c. A root pruning sample at one selected site will be conducted and reviewed for approval by the City's Urban Forester. 2, Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible or as noted by the Urban Forester on the submittal. 3. Selective Root Pruning a. This process involves selectively removing offending mots when a tree trunk or mot flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. If there is a serious question about the stability of a tree such a large diameter roots must be removed, the Contractor shall notify the Engineer for approval. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. f. For trees recommended for removal, the Contractor shall notify the Engineer who will process the tree removal request with the General Services Department. 4. Root Barrier Specifications: a. Install root barrier panels with the length of each mot pruning cut at a minimal of 14" below grade for sidewalks and 26" for curbs. b. The product shall be a minimal of 0.085 thickness and material of polyethylene plastic with ultra violet inhibitors. An example of the product will be submitted for approval by the Urban Forrester. c. The product shall be installed per manufacturer's specifications. The manufacture's specifications must be submitted prior to commencement of the project." SP 19 OF 19 19-3ZA [! SECTION 400 ---ALTERNATE ROCK PRODUCTS ASPHALT CONCRETE PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400-2.1 General 400-2.1.1 Requirements. Add to this section: 'The Contractor shall use crushed miscellaneous base, or better, as the base materials." AREA - PENINSULA LOCATION STREETRAW &NO, 1 SIDEWALK (SF} C&C (CE} 2012-2013 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM (C-5209 CURB ACCESS ROOT RES, OON, COM. O(WYt. ALLEY ORO55 WBOX STORM Comments PAtNT{tTj RAARP PRUIiRt� APPR. {Ski MCR, tEFI APPR (Sfj GUTTER{SF} {EA} DRAItdTOP 4207 Pla,shlp Rd 24 200 4200 H4.6. Rd 10 4234 Hiiatia Rd 200 42 2 4216 Pab'la Rd 80 15 " 4207 Patm. Rd 20 8 _ 407RzsHPRd 30 100 Pa4hi, Rd at Spid A Way 20 a 1 130 .� 330 Placcnva Ave on Flagship Wap 160 t Y4 830 Placenta Ave 1G 1 60 ..,..._." 60 i6 _ LQ _ 1 ... _._ _...... 80 80 80 1 355 PtDRaa Ave t5) i +6U 2 90 307 Plamnda Ave 480 1 50 .�.. 20 20 ....,...«. 351 Ha1p041 Rd on Placenta Ave 160 351 Hospital Rd On. FUhp Rd 360 t 180 160 120 .." 150 " NF 4120 Patrice Rd _ 80 AIF4100 Pa61Ce Rd �_ 4100 Patefce Rtl 30 3 150 4151 Flo ship Rd on HUaoa Rd 286 400Q ffOKl Rd 20 1598 Mdo,. Pa A'e 40 1 88315th St 90 TM 230 1005 E Balboa 81vd 20 1 E Balboa BIM at C St WW 253 1133 E bg;bA61M 100 t 1213 E 6a1boa Blvd _ 1305 E BMlwa Blvd 60 M1 2 1321 E Balboa 81M 30 1 1323 E SalbalBJ 30 1 1322 F: Balboa 6Nd 24 t i 1310 E Balboa Blvd 100 2 1304 E Balb011 Blvd 110 1 q"- 1302 E Balboa DWI 30 1 �� 1220 E Balboa BIM 40 3 1202 E Balboa BIM 80 t i 30 i 1118 E Balboa BIM SO 4 1 1020 E Balboa SNd 50 5 2 1010 E Balboa Blvd 60 1 3 1000 E Balboa Blvd oa B St 50 " 926 E Balt a. Blvd 20 "-" 2 319 Ptmentlo St 18 100 ' 310 Fe4and0 SI _ 4 6 20 ' 417 E Bay Aw 236 422 E Bay Ave 50 420 E Bay Ave 30 416 E Bey Ave 30 Fernando at at E Bay Ave We E Bay Ave 60 75 302 E Bay At 40 t 210 E Bay Ave S0 t 301 E Bey Ave 150 330 E Bay Ave 40 305E Sty Ave 80 307 E Ray Ave 300 2 2 area halls wake 1824 Walla PI 50 90 _ 28M St at ta(ayefte Ave 6 1 2800 Lafayette Ave 10 t WORK SCHEDULE Pagel AREA -PENINSULA 2012-2013 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM (C-5204) `CROSS LOCATION STREEd P!A*.,_ & NO. SIDEWALK {SP} C&G (LP) CURB PAINT {F£} ACCESS^ROOT RAMP PI ING RES.DWY. APPR {$F) COM.QWY. ALLEY N>pR. {SF) APP& {S€) (36ITTER {SF} UIBOX $TORN Comments {EA, DRAiN TOP 2808 Lat Oere Ave 5 qq 2816 Lefayeite Ave 10' 29th51 at Lahyette Ave 30 90 1 _-- ?S 2900 Lafayette Ave on 29th St 15 3010 Ladmyette Ave 90 110 Spit} Lafayette Ave at Lid. Palk Drp 701 Lido low D, 40 20 630 Lido Par, D, 24 4 20 35 621 Lido Park Dr 30 5 1 20 25 9 25 513 Lido Park D, 10 Bti tJdo Pad 0, 100 t 601 Lido Park Dr 40 ` 125 530 32nd St on Lafayette Ave ._ lea 1 i 31st 5t al Lafayette Ave `-` 30 - sonalatst 40 2 sa9, Eod s-t n 3111 Vla Way 20 20 3 310.0Villa We, _... 20 3101 Villa Way 30 ip 100 1 41731st St _ 20 4173152 8t in alley .—_ TO " 40]3164 St 12 $0 W20NWepol EII ea31at St 8Q 9 12 6 42231et& 25 42831ei St .nu.. .`A) 4303161St 90 1 ` 5023let Se 100 - - 51029m St 200 1 512 311.: St iRD 2 375 2 LafayoheAveat3tst St 90 1 100 50031st Stmvala Way 150 42930th St of Villa Way 1 Aff 419 30N St 90 1 507 29Ut St 126 1 note-bdek in sitlkwetk AIF 2WC Villa Way 30 i App"o, 1(L66 S.P. 2810 V e Way 80 Villa Way at 29th 5IIo nfer median) 100 40 300 30 508 29th St 40 515 29th St 30 LafayeU;Ave at volaway 30 2800 Newport Rvol on Lefayot.Ave 20 250 159 408 Clubhouse Ave 5 410 Clubhe Ise Ave ..� A 410 OnWIu5e Ave on Finley Ave 3 3 Finley Ave at Newport Blvd 22 6 500 Clubhouse Ave arl Fneey Ave Leo 3 Re 28 28 5020ubh.Se Ave 20 504 Clubhouse Ave 20 506CIUbh000e Ave 20 4 25 500 Clubhouse Ave 40 524 Cluonvise Ave 30 Short St at Ne p-8Nd 60 81 2 - WORK SCHEDULE. Page 2 AREA -PENINSULA 2012_-20_13 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM (C-5204) LOi;AitON STREEJ NAME A NQ SIDEWAL% (SF) C&G (LF) CVR2 PAINi(r1) ACCESS RAMP ROOT RES, DWY. PRUNING APPR (SF) COM. DmY APPR. (SFJ hLtEY CROSS WBO% STORM APPR, (SF) GU TER (SF) (EA) DRAIN TOP Commams 100 8 _ 20 2 600 Clubh¢Us9 Ave ¢n Short St 120 600 Clubhouse Avew 20 5 5 5 ... b _.. ........_._. 604 Cubhouse Ave 16 626 Clubhouse Ave 50 623 36th St N) i 611 36th SI 4 501 36th St 30 i 3401 F.a Avh 1 6 32 3315 Finiey Ave w 34th SI 120 1 30� 50635th St Z4 t 512 35th Si 130 16 10 LIo 35 _St t 513 35th St t30 1 50535th St� 16 16 503 35th St 50 501 35th St 60 .. 500 Finley Ave 60 w__ ._.___.._. ___..... ....�,...__ ... 504 36th St m 150 508 36th Sty 16 ..._ _ 2 51836th S1 on Short 75 16 60036th St _... Win St 40 61236th St 40 603 Clubhouse Ave 6 8 51635th Si 300 4 i MI CIWha.. Ave x20 20 32 505 Clubhouse Ave 36 404 38th St 20 412 38th St 20 i 4019 Chann¢I PI __ ......._ 401 38th Ston MarrYu Ave _.._ 60 .v....__ .._,_.._,_. ............__.._. __� ._...�_ ...._.._._ 40540th St __.,.... 32 ._ 20 _.._. 401 40th St 9p - ____...... ......__ 406 40tl1 Ston Channel PI 50 n 40 40 3905 ChannelR 50 3905 Ch.0 Pt 963961 Si AD t 40939Th St 30 405 AM St 20 20 401 39th St t20 416 39th St 100 10 1 501 38th St 9n Palay Ave 40 150 50 - 509 381h St 40 T 20 505 Wth St 50 501 38th St -- Y 421 38th St 24 413 38th S! 3Q 403 38th St 140 6001 Coast 81vd ffi park ZO 20 '0 Wne St ¢'t iencaste£ St 5 34662nd St 5 46062a St 35 I Canal Cl2le 24 30 Canal Cinde Median ($[a caner) 30 447 Canal St 36 1 439 Canal St 120 2 427 Canal M 30 25 80 1 423 Canal St 30 34 So-.._....,..._' _... _._.__..„„....._� 401 Canal St 401 Canal St an Sunset Or 120 1 � 335 Canal St 329 Canal SL 8 WORK SCHEDULE Page AREA -PENINSULA 2012-2013 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM (C-520�iLL_ LOCATION STREET NAME&i40. S14EWALK (SF) C&G (LF) "1036 PNNr(rt) ACCESS ROOT RESDWY. COM.Dwv, RAMP PRUNING APPR. (SF) APPR. (Sr-) ALLEY CROSS mux SSORM APPR (SF) GUER(SF) (EA) GRAIN TOP Comments 241 Canat St on Lanarmer St 60 20 300 1 235 Canal St 30 _ 120 1 229 Canal St�^ _ 4 _ 1 227 Canal St 40 _........ 223 Canal St 16 221 Canal St.M.__ 12 219 Canal St ..� 4 209 Canal St 20 60 207 Canal St 30 27 85 1 203 Grant St 15 40 223 Grant St 33 120 208 Cana St M 1 215 Fem St 40 5 206 Fern St 16 208 Fern $1 9 214Fort, St 32 4 2 216 Font St 60 1 40 222 Fern 51 100 235 Orange St 20 1 2150range St 75 _ 1 209 Orange St 110 2 218 Orange St 20 1 226 Orange St 30 244 Canal St� 50 337 Calton St on Conal St 36 430 Canat St 10 -- 491PnmpoCtStonCamaSl 40 4 435 Galton St 75 1 401 CAW St 4 327 Conon Sl 46 33 80 319 Cdtae St 40 1 312 Canal St on Colton at 20 1 304 Canal Sl on Cotton St 40 235 Colon St 20 i 215 Coltons �,w..�. 20 1 211 Colton St 20 2 6700 PCH on Cotton St _ 25 206 Cdton St 130 210 Colton St 40 1 222 Cdton St ..,.,_..,._ 60 16 266 Colton at 20 1 308 Colton Si____ 24 r1 400 Cohort St(m S_vnsat St 32 406 Colton St 20 48 427LW. St 49 0 1 423 Lw3onia St 29 1 415 Lugaroa S1 40 4 401 Lugonia to on Smrset at 50 327 tugonua Si 16 v 16 v 16 .M_... 16 ...... .......... US Lugonia St 20 1 251 Lugonia St ,._..............., 25 5 _ _ 20 239 Lugonia St 70 235 Lugonia St 20 1 231 Logon. St 25 1 219 Lugonia St r_ 25 1 215 Lugonra St 20 1 211 Lo .ria $1 2a 1 297 Lugcxna St f SO 2 205 LugonN St 100 262 Llga@a St T 32 204 Lugonia St 100 1 2 200 Lugonia St 80 4 214 Lugonia Sl_ 40 v 226 Lugonia St ^m 16 1 230 Lugonia St 60 1 262 Lugonia St �-� 40 1 __.......,. 16 ..._,_ 308 Lugonia St w.wm 16 1 312 Lugonia St 32 — u 1 400 Lugonia St 40 WORKSCHEDULE Page AREA - PENINSULA W 2012-2013 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM (C-5204) LOCA'ION STREET NAME 8 NO. SIOEtVALN (SF) CSO (LF) aua[f�ACCESS PAINT(P-) ROOF RES DWV COM-OWY. ALLEY CROSS WBOX STORM RAMP PRUNING APR (SP) APPR (SF) APPR (SF) GI.TiER(SP) (EA) RAIN TOP _ `Comments 412 Lugonia St 32 i 420 Lugonia St _ W 16 _ 339Walnut St 16 30 335 Walnut St _ 16 309 Walnut St _ 16 1 263 Walnut St �y 16 255 Walnut $t 150 2 _ 227 Walnut St _ 32 219Wa1nw 51"� 32 1 211 Watnutat 2A 1 203 Walnut $t 60 1 208 Wanut St w _ 40 t0 4 214 Wataut St 16 226 Walnut St 16 240 2 234 Walnut St 16 1^ 40 254 Wa,,W St 48 12 258 Walnut St--- 48 9 4 310Walnws1 16 ...� 314 Walnut St 120 322 Walnut St 16 338 Walnut St-_ 80 _._. 419 Prospect St on Walnut at 70 331 Cedar St _ 80 327 Wataut St 4 243 Walnut St 227 Walnut St 223 Walnut St !09 209 Walnut St 4214 Walnut St 218WaluutSt St 1 250 Walnut Si 120 254 Walnut St 20 491 Prospw S1 on Canal Circle 40 100 301 Prospect St 16 223 Pmspact St 40 1 219 Prospect St 16 6208 PGH on PmspeCt S[ 24 i 218 Prospect $t _ 16 1 226 Prospect at 130 33 5 i 238 Prospect St i6 242 Prospect St 20 1 250 Prospect St 4a 254 Prospect St 20 1 300 Prospect St 48 12 1 304 Prospect St ..._ 48 324 Prospect St 120 328 Prospect St 100 336 Prospect St ....,,..n,........� 20 1 404 Prospect St 16 ry 1 40 408 Prospect St 40 ry 412 Pmspeol St 40 426 ProspeN $t 20 - 436Prospe<t$t 60 440Prvspen(St 24 444 Prual aut St 32 448 Prospect St 48 452 Prospect St 16 16 476 Prospect St 16 1 "— 514 Canal Ston 62nd St _ 16 48762nd St _ 5 32362nd St M».,....�._, 16 i 31962nd St 16 1 31562nd St 20 305 62nd St 48 25962n St 20 WORK SCHEDULE Page 5 AREA - PENINSULA 2012-2013 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM C-52041� _ LOCATION STREET NAME&N0. SIDEWALK {SF) C & G RE) CURB PAINI(IT) ACCESS ROOT ERIE, TAWCOM. DWT. ALLEY CROSS RAMP PRUNING APES. (SF) APPR.(SF) APPR.(SF) GLITTER ASF) i118OX STORM {E,M DRAIN TOP Commerts 255 62nd St 40 t 60 6 24762nd!A 16 _ 1 23562nd St ........_,„. 16 .n.. 21962nd St _._..__m._.`. 40 1 210 62nd St 30 226 62nd St _.„.. 16 ...mm... i 230 62nd St m^- 40 _ 1 24662nd St B4 i 6107Laadaater St. 62nd St 100 1 25062nd St On NCWpOd Shores Or 42 90 60 214 Cedar St. Nervpal Shoros Or 20 Cedar St at Newport Shores Or 3 3 211 Cedar Ston New3wrt Shares Dr 55 214 Walnut St on N.'�prnl Shores Dr 16 210 Coflon St on Newpart Shares Dr 45 2 215 Cohort $t at Newport Shores Or 30 1 _ 21633rd St v_........�. 24 mmm 22233rd St - 16 1 "- _ 22332edStenLaheAve 40 _ 30033rd St ww._.�. 65m"' 302 33rd St 24 6 n. 309 33rd St 90 1 307 33rd St 24 1 �� 30533rdSt 8 22133rd St 36 1 220342ttSt 32 222 34th St 1 222 34th St do M.. Ave 65 31334th St 40 1 305 34U St d0 214 35th St 16 222 35th Ston MamUs Ave 30 .,,.'........- 31534thStortWmv.sAve 20 20 1 ..__�_.,...... 20 20 m_ 3400 Marcus Ave_�..�". 20 3 31335th sl_3 3 211 35th St � 20 W... 20735th St ..._.._.,,_ 25 222 360h St 1 222 36th St an Lake Ave 20 20 30036th St 12 3t 438th St on MMus Ave 20 45 9 3508 R§erGus Ave 48 2 309 30th St 560 305 36th St 180 30136th St 16 i 100 3601 Lake Ave 1� 20636th St�....,.rvT. 220 3614 Lake Ave 180 3618 take Ave 0n Alth St 20 _ 80 � 3609 Lake Ave A/P 3707 Lake Ave 40 4002 River Ave 4 4 4010 River Ave 21 85 4405 Channel PI 16 5 2124310 St 0a River Ave 20 t6s33�s1 1 11633rd St 60 1 12013W St 24 1 12433N St 16 5200/5256 Se2here Or 1 500014916 SeaShore Or 1 v 4800/4820 Seashore DI 1 4000/4718 Seashore Or 5 ' 3309 Seashore Or 00 3491 At 30 rnm 12534th St ..,._ 140 27 2� 11636th Stry 60 10 10 122 36th $[ 30 v 12d 36th St 20 WORK SCHEDULE Page AREA - PENINSULA 2012-2013 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM C-5204 LOCATION STREET NAME&NO. SIDEWALK (SF) CEG (LF) curtd ANT PI ACCESS ROOT RES. DwY. COM. DVJY, RAMP PRUNING APPR {SF) APPR. (SF) ALLEY CROSS APPR (SF} GU ER(SF) U/80X SFORM (EA) DRAIN TOP ^comments 3601 Baibaa BiNd on;i901 St 80 18 18 6 d 24 _w 3810 Seaahoro 6r. 97N St n� 24 '— 114371hSt 24 11637th St 60 13 112 38th St__.___ 32 8 11438th St� 40 12038th St 100 1 -- 114408iSt_ 40 10 10 1 114 41St St 16 1 12141st St 35 117415tSt 24 42odst 35 42ad St t Seashore Or 104 water ponQn9- 4200 S.Ionno Dr on 42nd St 24 Nb Superior Ave at PCR 30 1 20 2 ._ 938 Via Udo Sold 200 30 .. 70 916 Via Lida Sood �..... 27 40 _.... v.. 60 ' 912 VIa tido Soud 85 -"- 0 130 838 Yattdo 5pod 36 _ 124 ' 82a Vie Lffi Sood .�__�._ 30 150 € 1d ` -- 818 Ua Lida Shod- 30 300 808 Via Lid. Spud W 150 40 100 Via Wazlem on Via lido Soud 60 760 Via Lido Spud,�_� 175 ' 744 Ua Litlo Spud 200 734 Via Lid. Soud �- 60 140 - 101 Via Undine nn Via Udo 500 125 662 Via Lida Scud a0 30 _ doe Va Lica Soud 3D 6+} 40 620 Via Lido Soud 3, ' 616 Via Lido Spud 30 _ 40 fi0 102 Vu Orvieto on Via Lido Soud SO .._.._..,_ 30 SO 540 Via Lido Saud 240 516 Via Litlo SMtd 220 m" 510 va Lido Spud 80 100 .„. 460 Via Lido Soud 50 101 Via Jucar on Via Lido Soud 65 100 Via lthi4aon Via Litlo Sdtd � ea 412ViotidPSRW 65 15(3 10 101 Via Genoa on Vi. tido Sood 300 344 Via Lido Soud 65 27 150 318Va Lido Saud 450 310Via Lido Sond 350 SO 101 Via Dijon on Via Lida Soud 50 222 Via Lido Soud 60 NF 219 Via Lido Shad 50 208 Vu Antibes cn Via tido Soud 30 100 217 Via Lido Nord 50 rn 225 Via Lido Nod v 30 SO WORK SCHEDULE Page 7 AREA -PENINSULA 2012_-2013 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM (C-5204 44(ATiQN STREET NAME&NQ. SIDEWALK (SF) G&C= (LF) Ctxxa ACCESS ROOT RES, IYAY. COM. DWY. rmN1 (E'T) RAW PRUfVhflG APPR. lSF) APPR. (SPj ALLEY CROSS iIAOX STOW APPS,(SF) GSLSER(SP) (EA) DRAxi Canments 309 Via tide Nard 80 s9 m so 311 Via Lido Nord 30 325 Via Litlo NOM 30 10 30 20 339 Via Genoa_ 30 240 Via Genoa on Via Lido Natd --- 30 m 50 _..._. .. 401 Via Litlo NORI 30 50 _ 30 0 425 Via lido NOM 49 228 Via Kno. on Via lido Nord 300 Sit Vial NNord 65 521 Via Lido Norrt 125 AiF 528 Via Lido Nord 30 537 Via Lid. Nord 80 815Via Lido Nord W 30 30 623 Via Lido Nord 150 30 232 Via San Ramp on Via Lido NOd 30 ..." � 911 Via Lido Nord 30 .....,..� 30 30 RS Via Lido Nord 30 30 30 145 Via lido Need 4 406 l61 V Lith NOM 30 #4Q 627 Via Lilo Card 30 Ed 835 Via Lido Nord 40 845 Via Lido None 30 901 Via Lido Nod 30 100 911Via Lido NOM 30 30 `. Denbo, Click baa to Open Colum below Irvine Ave M 23M St 1 "'♦� npwmaa�ss r. Newrxsrt Finis IIe E at Part Wey4rid9e % y _ I'm Hiiis Or E at Pati Sr Sid R WORK SCHEDULE Page Federally Assisted Project U.S. Department of Housing and Urban Development Exhibit 1 Summary of Contract Provisions for Inclusion in the Notice Inviting Bids Exhibit 2 Federal Labor Standards Provisions - HUD -4010 Exhibit 3 Federal Equal Employment Opportunity ( Affirmative Action Provisions Exhibit 4 Contracting With Small Business, Minority Firms, Women's Business Enterprise, and Labor Surplus Area Firms Exhibit 5 Worker's Compensation Certification Exhibit 6 List of Proposed Subcontractors or Sub -Tier Contractors Exhibit 7 Certification of Understanding and Authorization Exhibit 8 Request for Additional Classification and Rate Exhibit 9 Non -Segregated Facilities Certification Exhibit 10 Past Performance Certification Exhibit 11 Notice of Equal Employment Opportunity Exhibit 12 Minority and Women's Business Enterprise Tierd Compliance Plan Exhibit 13 Federal Wage Decision EXHIBIT 1 Summary of Contract Provisions for Inclusion in the Notice Inviting Bids Prevailing Wage Statement: This contract will be funded in whole or in part with federal housing and community development funds. The Federal Labor Standards Provisions, including prevailing wage requirements of the Davis -Bacon and Related Acts will be enforced. A copy of the Federal Wage Decision applicable to this project is included in the Bid Document. This is project is a public work in the State of California, funded in whole or in part with public funds. Therefore, the higher of the two applicable prevailing wage rates, federal or state, will be enforced. The Contractor's duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. Labor Code Sections 1775 and 1777,7 outline the penalties for failure to pay prevailing wages and to employ apprentices, including forfeitures and debarment. The State Wage Decision is on file at the City Clerk's office, and is also available online at http://www.dir.ca.gov/disr/. Apprenticeship Program: Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Administrative code, Section 200 et seq. to ensure compliance and complete understanding of the law regarding apprentices. Minority and Women Owned Business: Bidders will be required to document their status as a Minority Business Enterprise (MBE), a Women -owned Business Enterprise {MBE} or a non-MBE/WBE firm. Bidders that are not MBE/WBE firms will be required to make a good faith effort, and to document their efforts to include firms as part of the contract bid. Conflict of Interest: In the procurement of supplies, equipment, construction, and services by sub - recipients, the conflict of interest provisions in (State LCA - 24 CFR 85.36 and Non -Profit Organizations - 24 CFR 84.4), OMB Circular A-110, and 24 CER 570.611, respectively, shall apply. No employee, officer or agent of the sub -recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be 'involved. EXHIBIT 2 Federal Labor Standards Provisions (Next Page) Federal Labor Standards Provisions Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1- (f) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often then once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section f(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(ax1xiv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period, Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(aX4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(f) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (li) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: U.S. Department of Housing and Urban Development (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry, and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U -S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 - day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1#)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) if the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD -4010 (06/2009) Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1 of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (1) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2XB) of the Davis -bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I(b)(2)(6) of the Davis -Bacon Ad, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the pian or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (it) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CPR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). 'The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at htto,,flwww.dol.aovlesalwhdlformslwh347ins�r htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or As designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a 'Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (aX3xii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; form HUD•4010 (06/2009) Previous editions are obsolete Page 2 of 5 ref. Handbook 1344.1 (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CPR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a property executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the 'Statement of Compliance" required by subparagraph A.3.(kXb). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of tabor, and shall permit such representatives to interview employees during working hours on the job, if the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12, 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination_ In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant `,to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shalt not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specked in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by form HUD -4010 (0612009) Previous editions are obsolete Page 3 of 5 ref. Handbook 1344.1 the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration Withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5,5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements, All rulings and Interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractors firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of ... influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both" 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shalt require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages, in the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. form HUD -4010 (06/2009) Previous editions are obsolete Page 4 of 5 ref. Handbook 1344.1 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower her subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000- (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 QaC 3701 st sea. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. W form HUD -4010 (0612009) Previous editions are obsolete Page 5 of 5 ref. Handbook 1344.1 EXHIBIT 3 Federal Equal Employment Opportunity / Affirmative Action Provisions EQUAL OPPORTUNITY CLAUSE. During the performance of this contract, the contractor agrees as follows: a, The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the contractor's noncompliance with the nondiscrimination clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole, or in part, and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The contractor will include the provisions of Paragraph la through 1 in every subcontract or purchase order unless exempted by rule, regulations, or orders of Page 1 EEO/Affirmative Action Provisions the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 2. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive Order IT 246) a. The Offeror's or Bidder's attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Specifications set forth herein. b. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregated work force in each trade on all construction work in the covered area, are as follows: Timetables Location of Work by Goals for Minority Goals for Female Standard Metropolitan Participation in Participation in Statisical Area (SMSA) Each Trade Each Trade 0360 Anaheim -Santa Ana -Garden Grove, CA 11.9% 6.9% 4480 Los Angeles -Long Beach, CA 28.3% 6.9% 6000 Oxnard -Simi Valley -Ventura, CA 21.5% 6.9% 6780 Riverside -San Bernardino -Ontario, CA 19.0% 6.9% 7480 Santa Barbara -Santa Maria -Lompoc, CA 19.7% 6.9% 7320 San Diego, CA 16.9% 6.9% 6920 Sacramento, CA 16J% 6.9% 8520 Tucson, Pima AZ 24.1% 6.9% 6200 Phoenix, Maricopa AZ 15.8% 6.9% These goals are applicable to all the contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non - federally involved construction. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmation action obligations required by the specifications set forth in 41 CFR Part 60-4.3(a), and its efforts to meet the gods. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be a violation of the contract, the Executive Page 2 EEO/Affirmative Action Provisions Order, and the regulations of 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. C. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,000 of any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. d. As used in this notice, and in the contract resulting from this solicitation, the covered area is the Standard Metropolitan Statistical Area of Los Angeles -Long Beach, specifically the County of Los Angeles, State of California. 3. STANDARD FEDERAL EQUAL EMPLOYMENT SPECIFICATIONS (Executive Order 11246). a. As used in these specifications: (1) Covered area means the geographical area described in the solicitation from which this contract resulted; (2) Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; (3) Employer Identification Number (EIN) means the Federal Social Security Number used on the Employer's Quarterly Federal Tax Return, United States Treasury Department Form 941. (4) Minority includes: (a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin) (b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race); (c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the pacific Islands); and (d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). b. Whenever the contractor, or any subcontractor, at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and Page 3 EEO/Affirmative Action Provisions the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. C. If the contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Plan approved by the United States Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and time tables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO Clouse, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faiih performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. d, The contractor shall implement the specific affirmative action standards provided in paragraphs 3g (1) through 3g (16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonable be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. e. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minority or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the United States Department of Labor, g. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its Page 4 EEO/Affirmative Action Provisions actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: (1) Ensure and maintain working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction, project. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. (3) Maintain a current file of the name, address, and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hail for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken. (4) Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 3g (2) above. (b) Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy Page 5 EEO/Affirmative Action Provisions on bulletin boards accessible to all employees at each location where construction work is performed. (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on- site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (8) Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female, and community organizations; to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources, the contractor shall send written notification to organizations such as the above, describing the opening, screening procedures, and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide offer school, summer, and vacation employment to minority and female youth, both on the site and in other areas of a contractor's work force. (11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3, Uniform Guidelines on Employee Selection Procedures. (12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (13) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. (14) Ensure that all facilities and company activities are non -segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. Page 6 EEO/Affirmative Action Provisions (15) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's EEO policies and affirmative action obligations. h. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations 3g(1) through (16). The efforts of a contractor association, joint contractor -union, contractor - community, or other similar group of which the contractor is. a member and participant, may be asserted as fulfilling any one or rnore of its obligations under 3g(1) though (16) of these specifications provided that the contractor actively participates in the group, makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's, and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). The contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sec or national origin. k. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. Page 7 EEO/Affirmative Action Provisions m. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative actions steps, at least as extensive as those standards prescribed in Paragraph 3g of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR Part 60-1.8 (Show Cause Notice). The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. a. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1477 and the Community Development Block Grant Program). P, The Director, from time to time, shall issue goals and timetables for minority and female utilization which shall be based on appropriate work force, demographic or other relevant data and which shall cover construction projects or construction contracts performed in specific geographic areas. The goals, which shall be applicable to each construction trade in a covered contractor's or subcontractor's entire work force which is working in the area covered by the goals and timetables, shall be published as notices in the Federal Register, and shall be inserted by the contracting officers and applicants, as applicable, in the Notice required by 41 CFR 60-4.2. 4. SPECIFIC EEO REQUIREMENTS. For a federally assisted construction contract in excess of $10,000, the contractor/subcontractor shall: a. Forward the following EEO certification forms to the contract awarding authority prior to contract award; Certification of Non -segregated Facilities and Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports, b. Submit a notification of subcontracts awarded to the Director, Office of Federal Contract Compliance Programs, United States Department of Labor - ESA, 200 Constitutional Avenue, NW, Room C3325, Washington, Q.C., 20210, within 10 working days of award of any subcontract in excess of $10,000, listing the name, address, and telephone number of the subcontractor; employer Identification number; estimated dollar amount of the subcontract; estimated starting date Page 8 EEO/Affirmative Action Provisions and completion dates of the subcontract; and the geographical area in which the contract is to be performed. C. Send a notice of the contractor's commitment to equal employment opportunity to labor unions or representatives of workers prior to commencement of construction work. d. Display an equal employment opportunity poster in a conspicuous place available to employees and applicants for employment. e. For contracts in excess of $10,000, bind subcontractors to the Federal Equal Employment Opportunity requirements by including the provisions of Paragraphs I through 3, above, in the subcontract. Upon commencement of construction work and until the work is completed, forward the Monthly Employment Utilization Report (Form CC -257) to the contract awarding authority by the end of each work month. With the initial monthly report, the contractor/subcontractor shall attach the Contractor's List of Federal and Non -Federal Work in Bid Condition Area to the monthly report. 5. CIVIL RIGHTS ACT Of 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 6. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. No person in the United States on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 7. THE AGE DISCRIMINATION ACT OF 1975. No person in the Unites States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 8. REHABILITATION ACT OF 1973. No otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance. Page 9 EEO/Affirmative Action Provisions EXHIBIT 4 Minority and Women -Owned Business Enterprise Plan A, Background The Awarding Agency is a recipient of federal housing and community development assistance through the U.S. Department of Housing and Urban Development (HUD), OMB Circular A-102 states that "it is national policy to award a fair share of contracts to small and minority business firms. Grantees shall take similar appropriate affirmative action to support of women's enterprises and are encouraged to procure goods and services from labor surplus areas." The Uniform Administrative Requirements of 24 CFR 85.36(e) require the Awarding Agency to "take ail necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible." This requirement is applicable to contracting and subcontracting opportunities funded in whole or in part with the federal housing and community development assistance. Further, the Awarding Agency is required to submit a report to HUD pertaining to the Awarding Agency's Minority Business Enterprise (MBE) and Women's Business Enterprise (WBE) contracting and subcontracting activity generated through the expenditure of HUD funds. B. Policy For the purpose of this contract award, the Awarding Agency shall utilize MBE/WBE firms to the greatest extent possible, feasible and legally permissible. This MBE/WBE Plan is guided by the preceding federal regulations and all other related federal and state laws and regulations governing discrimination, equal opportunity and affirmative action pertaining to federally -funded contract and subcontract activities. The Awarding Agency requires all bidders to abide by these provisions and to make every effort to obtain MBE/WBE participation on this project. Failure to provide required MBE/WBE information to the Awarding Agency as required or requested in this bid solicitation may result in a determination by the Awarding Agency that the bidder is not a responsible bidder. A successful bidder does not have to be a member of a minority group, What the Awarding Agency Is attempting to do is make every possible effort to ensure the participation of MBE/WBE firms on this federally -funded contracting opportunity. This does not preclude the participation of firms that are not MBE/WBE. However, the MBE and WBE performing or providing services must not act merely as a passive conduit. In the event the Awarding Body has reason to question the authenticity of ownership of an MBE/WBE, the burden of proof is on the claimant and/or contracting party to provide documentation to substantiate the ownership and management of a particular MBE or WBE. Whenever a joint venture MBE/WBE involves a business owned by minorities or women, the contractor shall provide the Awarding Agency with a full account of the nature of the relationship, the basis for creation, the particular financial participation and administrative responsibilities of the parties. The nature of the relationship shall be in writing, and conform to pertinent laws governing the relationships. The Awarding Agency shall have the right to review and make a determination on the propriety of same. Page 1 MBE/WBE Plan C. Definitions a. Minority and women business enterprises are defined as any financial institution, business, service, contracting business which is solely owned and operated by a minority group member or women or that is more than 50% owned by minority group members or women. If the enterprise is publicly owned, the minority/women members or stockholders must have at least St% interest and possess control over management, capital and earnings. b. Minority Group Member- Black, Hispanic, Asian or Pacific Islander, American Indian or Alaskan Native, and women. • Black: A person with origins in any of the black racial groups of Africa. • Hispanic: A person of Mexican, Puerto Rican, Cuban, Central or South American descent and Spanish culture. Portuguese are excluded from the Hispanic category and are classified according to their race. • Asian or Pacific Islander: A person having origins in the For East, Southeast Asia, Indian subcontinent or Pacific Islands. • Amer"scan Indian or Alaskan Native: A person with origins in original peoples of North America, and who maintain cultural identifications through tribal affiliation or community recognition. C. Other • Small Business Enterprise: A business which meets the definition of minority business enterprise or women business enterprise, and in addition, meets the small business size standards of the Small Business Administration. • Contractor/Subcontractor/Supplier. The individual, partnership, corporation or other legal entity entering into a contract with the City or the City's contractor to perform a portion of the work. D. Outreach Efforts Non MBE/WBE bidders must notify minority and women contractors, associations, minority interest groups, etc., of their intention to solicit bids for subcontracts from MBE/WBE firms. This may be accomplished in a variety of ways; however, the non-MBE/WBE bidder must demonstrate that good faith efforts were made to secure the participation of MBE/WBE firms. E, Documentation Required from Bidders to Document Responsible MBE/WBE Outreach As part of this contract opportunity, non MBE/WBE bidders must demonstrate that they have made the subcontracting opportunity known to at least three (3) MBE/WBE firms listed in a bona -fide listing of MBE/WBE firms. Such notification must be made of least two (2) weeks prior to bid opening via registered or certified mail. If the contractor has not achieved the participation goal, the Awarding Agency will determine whether the contractor made a good faith effort based on the outreach efforts that are documented on the MBE/WBE Tiered Compliance Plan. To be considered responsible, bidders must submit the MBE/WBE Tiered Compliance Plan (included in this Bid Document/Solicitation) and all supporting documentation to: • Document their own MBE or WBE status, or • Document the award of MBE and WBE subcontracts to bona -fide firms, or Page 2 MBE/WBE Plan Document the required minimum three (3) firm outreach effort and any other outreach efforts. The good -faith effort Affidavit on the MBE/WBE Tiered Compliance Plan must be notarized. 2. Some examples of acceptable good -faith supporting documentation include: • Responses, proposals, bids from MBE and WBE, rejections and contractor's responses. • Contracts with MBE and WBE organizations, associations, related agencies, disseminating bid information. • Copies of registered/certified letters, etc. • Efforts undertaken by contractor(s) to assist MBE/WBE with obtaining plans, specification, sub bid requirements and bonding. • Assistance and encouragement of MBE/WBE and subcontractor participation in all areas of business environment. • Methods used in soliciting bids from MBE/WBE, subcontractors and suppliers by advertisements, trade publications, media, etc. • Contracts with MBE/WBE brokers, agents, owners, operators of equipment, etc. • Other efforts taken by contractor to encourage MBE/WBE participation. Contract Award / Protest Where a determination is made by Awarding Agency staff as part of the MBE/WBE Bid Evaluation that a bidder is not a MBE/WBE firm or has not made the good faith effort to ensure participation by eligible, WBE and MBE subcontractors, the bid may be deemed not responsible. A bidder whose bid is deemed not responsible may protest to the Contracting Officer of the Awarding Body in writing within 72 hours of the notification of such a determination. The Contracting Officer shall review the facts presented in the written appeal, including any supporting materials, and shall issue a determination and response on the merits of the appeal within ten (10) calendar days. The decision of the Contracting Officer shall be final. Page 3 MBE/WBE Plan EXHIBIT 5 Worker's Compensation Certification DATE PROJECT NAME PROJK NUMBER �� «r r . c E (�^ ��{ COMPANY N �E PHONE iq— 6 CfJMPANYAWRE55 1 I certify, by signature below, that I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. L� LRHOR':'EDOLEKUt NAME ✓ UtMORQED (YFFKIo.L S�ONA R Al»EH3 FXRiZE6OE:KYht i}r(EJOAP} i0ffeo'�iG� DATE rr3r��5� PROJECT NAME O " ' CAME CH ('11). COMPANY ADDRESS LICENSE NUMBER List of Proposed Subcontractors or Sub -Tier Contractors mak, ID 4 PROJECT NUMBER AWA NG AGENCY AID/CONTRACT/SUBCONTRACT DOLLAR AMOUNT V;;L ':�5Y ` 6 3(bL EMPLOYER IDENTIFICATION NUMBER DUNS NUMBER ( DDb- -7,3,i- (a&314 PHONE NUMBER FAX NUMBER D E-MAIL Contractor must list all subcontracts or sub -tier contracts involving labor at the slfe of construction, regardless of dollar amount or percentage of bid Sub or Sub -tier Contractor's: Name, Address, and Telephone Number Contractor License Numb Employer Identification DUNS Number Number Contract Amount Estimated Start Date Estimated Completion Date Trade(s) to be Used .. VeUA /t. % r�'' Pt ^{-��tll Cyr I eitiI, p: ItA zrS PAna�he, ,•., rG �l 5- � r spa A o. -I % A L66 C 33 AUTHORIZED OFFICIAL NAME AUTHORIZED OFFICIAL TITLE' APA UTHORIZPD OFFICIAL SIGN RE DATE M EXHIBIT 7 Certification of Understanding and Authorization COMPANY ADDRESS LICENSE NUMBER EMPLOYER IDENiIFlCA7ON NUMBER DUNS NUMBER This is to certify that the principal(s), and the authorized payroll officer listed below, have read the "Contractor's Guide to Prevailing Wage Requirements for Federally Assisted Construction" and the Federal Labor Standards Provisions (HUD -4010 form) and that both parties understand these requirements. The following person is designated as the payroll officer for the company and is authorized to sign the Statement of Compliance that will accompany each weekly Certified Payroll Report for the project: PAYROLL OFFICER: (Individual Responsible for Signing Statements of Compliance) NAME SIGNAUftE TITLE (0 tg>/('� DATE PRINCIPAL OWNER / GENERAL PARTNER: (Listed on CSLB Personnel List) _A lcID GA1 NAME _ TITLE i C) oto to SI AURE DATE EXHIBIT 8 Request for Additional Classification and Rate Next Pagel U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD FORM 4230A REPORT OF ADDITIONAL CLASSIFICATION AND RATEn_�<, zs�. C? eY v-vr i. FROM Harm endsa s d mt&ecTunga4wxyf 2. PRO}ECTNAMEANDNUMBER 6. BRIEF DESCRIPTION OF PROJECT 5. CHARACTER OF CON STRUC-nGN ❑ E.Rding ❑ Rasidenual ❑ Heavy ❑ Other (spedfly, ❑ Highway 6, WAGE DELI SIGN NO, 0 acy 7. WAGE DECIS40NEFFECTIVEDATE ❑ COFYATTACHED %. WORK. CLASSIFICAPINi(S) HOURLY WAGE RATES BASIC WAGE FRINGE BENEFlTSS)(if any) rcunE, Eeare75r . F�sre a j Check QIi. That A+P.P ❑ The nmrk tobe peda d by4.ha add3xinaddessrfiCafion{s) is ntfperiomred by a dassrfcatzDn in She appRmbie wage der.i-oon. ❑ The pmpssad dassi5raban dsut&zed. m Emems bythazonsimcbon industry. ❑ The proposed wage ratem),incuding any banaMefmge benefgs. beam a reasonable%latransft to Vm wage rates contained in the wage. decsskm. ❑ Th. 'nstem mdpertias, dc�dmg the.hpIoyaes ortheo..thorized represents`.rves.agrea an flm deaai5catiunc°si and wage reteis}. ❑ Suppedurg documenmdun attached.. aidrudeg app5cable wage dedbn. .., ......... .. ....... ................... ...... I ....... ... ....... _._._.. .. j Check ---- ❑ AWoved,meetsaltcriteria. DOLcon[m nationrequested. • ❑ One or mom c#assificatioRs fail tumeetatt€ritersa as explained in agencyrefenaL DOL decision requested. FOR HUD USE ONLY LR2ti70: Agency epfesen rte vee 'Typed. and :uay Ltrq in.. Log out: 2Y5}C3diA tea.' E3£1i EZM4 is C68CEm EXHIBIT 4 Nan -Segregated Facilities Certification .,�.J 'v�L1.4}C. l�^t!�{j�.,T' EEv�'�$/✓lti,d'� A,?6 � P { a�.4^', PROJECT NAME PROJECT NUMBER BID/CONTRACT DOLLAR AMOUNT ✓' r �t COMPANY t COMPANY ADDRESS t LICENSE NUMBER EMPLOYER IDENTIFICATION NUMBER DUNS NUMBER The federally -assisted construction contractor certifies that he/she does not and will not: Maintain or provide, for his/her employees, any segregated facilities of any of his/her establishments. 2. Permit his/her employees to perforin their services at any location, under his/her control, where segregated facilities are maintained. The federally assisted contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lofts, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally -assisted contractor agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in tris/her files. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. AUTHORIZED OFFICIAL NAME AUTHORIZED OFFICIAL TITLE/CAPA Y UTH CIALSIGNKT E DATE EXHIBIT 10 Past Performance Certification c>Ia-�t� �L PROJECT NAME V PROJECT NUMBER NUMBER OF EMPLOYEES I! A 0 D COMPANY ADDRESS I I LICENSE NUMBER EMPLOYER IDBNll£iCATION NUMBER DUNS NUMBER The a bidder, ❑ proposed sub -contractor, hereby certifies that he/she ❑ has, I) has not, participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he/she ❑ has,>M has not, filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. NOTE: The penalty for akfig false statements in offers is prescribed in 18 U.S.C. 1001. \UTHORRED OFFICIAL NAME —� AUTHORIZED OFNCt LTITLE/C AcTY 10/I -a 111110 ZED OFYICIAL SI NAW RE DATE NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of tabor 141 CFR 60-1.7(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60- 1.5 (Generally only contracts or subcontracts of $10,000 or under are exempt). Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. SF -100 (EEO -1I must be filed fly: (A) All private employers who are: (1) Subject to Title Vit of the Civil Rights Act of 1464 (as amended) with 100 or more employees. (2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with another company, or there is centralized ownership, control or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees. (B) All federal contractors (private employers), who: (1) Are not exempt as provided for by 41 CFR 60-1,5 (2) Have 50 or more employees, and a. Are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or b. Serve as a depository of Government funds in any amount, or C. Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes. EXHIBIT 11 Notice of Equal Employment Opportunity NAME OF LABOR UNION, WORKERS REPRESENTATIVE, ETC. q{_ ADDRESS -�O�e-4--Do(3r`��2e,� s� -Mc--06 PROJECT NAME PROJECT NUMBER BID/CONTRACT DOLLAR AMOUNT COMPAN ME COMPANY ADDRESS r� O t t cy;'- LICENSE NUMBER EMPLOYER QEMIFCAU0N NUMBER g� DONS NUMBER The Undersigned currently holds a contract with 'Cvtib 5V't JC7rr C} involving funds of the U. S. Government, or a subcontra t with a prime &ntractor holding such contract. You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246, the undersigned is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. This obligation not to discriminate in employment includes, but is not limited to the follow: 1. Hiring, placement, upgrading, transfer or demotion; 2. Recruitment, advertising or solicitation for employment: 3. Treatment during employment; 4. Rates of pay or other forms of compensation; 5, Selection for training, including apprenticeship; and 6, Layoff or termination. This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. aj NOTE: The The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. AUTHORI2 k3FFEMw------»„ AUTHORIZED OFFFIICI.ALLTTITLEICrA'P"A'CTIY UTH6R17E J,IAL SIGNA E DATE ISI@711iYI Minority and Women's Business Enterprise Tiered Compliance Plan THIS PLAN MUST BE SUBM ��(} IsTTED WITH YOUR BID FORO �THIS FEDERALLY -FUNDED CONTRACT OPPORTUNITY t a ho (ta )vq Or FIR. PHONE .4 I S.SNESS ADDRESS TYPE OF FIRM: (Check One and Provide Information] L]) _ Individual Name of Owner Cl 0 t 11 �-� � � c-, ' -Corporation State of Incorporation: j 1+r t�?r^VlLEms_. El Partnership Indicate General "G" Limited "L": 2I Name of Partners: 1vst El Joint Venture Joint Venture Participants: � Number of years) firm has been in business under present ownership: c�i ? V e"r, a` S OWNERSHIP DEMOGRAPHICS: (Provide the number of owners by category and the pe cenfage of ownership interest of those individuals by category) OWNERSHIP INFORMATION: )List each owner of the firm that has 5 percent or more of the shares in the firm/ Name Black Hispanic Alaskan N.1hre/ Asian/ White Women American Indian Pack islander w+c>5 `-^rel c� Numberw' frtS rhrni G. , p C /°moi71/r%i J7/[ %of Assets 2"s✓/j t� 43 (3 Owned .i OWNERSHIP INFORMATION: )List each owner of the firm that has 5 percent or more of the shares in the firm/ Name Race Sex Years of Ownership Ownership Percentage voting Percentage w+c>5 `-^rel c� (e frtS rhrni G. AA6`-1 p C /°moi71/r%i J7/[ at,.;caniG 7 e�- t� 43 (3 Icedily1th ttTie-i armatian provided herein Is true and correct. Federal ELN:LicenseNumber. 6tq13'?`O(� d 1 p DUNS Number. (j7NANRE aAiF IF MORE THAN 507. MINORITY OR WOMEN OWNED, PROCEED TO PART 3, IF LESS, PROCEED TO PART 2 AND PROVIDE INFORMATION ON SUBCONTRACTS AWARDED TO MBE/WBE FIRMS. PART 2 MBE AN WBE SUBCONTRACTS AWARDED 10 012 -,-)0 � tr �.y�..� l jsq `t C�uiYJc�cXcniTC+^GC �,�,� DATE PROJEQ NAME PROTECT NUMBER Co 1�A FIRM NAME � HONE t0 .'t oo BID DATE BID AMOUNT Provide information on each subcontract or supply contract awarded to MBE/WBE firms. Attach a completed copy of Section I (previous pagel for each MBE/WBE firm listed below. Subcontractor Firm Name Scope of Work / Supplies to be Provided Check One Dollar amount contract: If Certified MBE/WBE, List the Certifying Agency and Date of Certification: MBE WEE WBE: $ % t+� °x'34 MA Co I certify that thgjafQmnation provided herein is true and correct. r Subcontract Type Dollar Amount Percentage of Total Bid MBE: $ % WBE: $ % CNATURE DATE IF MBE AND WEE FIRMS ARE NOT SUBCONTRACTED, PROCEED TO PART 3 AND COMPLETE THE CONTRACTING / GOOD FAITH EFFORT AFFIDAVIT EXHIBIT 12 Minority and Women's Business Enterprise Tiered Compliance Pian THIS PLAN MUST BE SUBMITTED WITH YOUR BID FOR THIS FEDERALLY -FUNDED CONTRACT OPPORTUNITY PAR<rX2 a> i 11� t- _ ---o(c ,C,,SgG ynnrE rRo,E N-A'j}{5E y,rm IV \ C' � � �l Pi 1 t `m+A:/ F^' '�"'.6 � ,^O i? j ��'4:✓�-'�� »,,.. � c nf i ME Ph�NE l.t. i (°-,C „ � �` � , . �,. \ . ffry/V-e, BUW* SsnocRESS TYPE OF FIRM: (Check One and Provide )nformation) dd ❑ individual Name ofQwner �1 s } ty Sad _ Ik Corporation State of Incorporation E4 Yid e © Partnership Indicate General "G Limited "L": Name of Partners: � f is ❑ Joint Venture Joint Venture Participants: _l P Number of year(s) firm has been in business under present ownership: %6,c. e `) OWNERSHIP DEMOGRAPHICS: (Provide the numberof owners by categoryond the percentage of ownership interest of those individuals by category) OWNERSHIP INFORMATION: (tis£ each owner of the firm that has S percent or more of the shares in the firm) Name Race Sex Alaskan Native/ Asian/ Voting Percentage Cc, Black Hispanic American Indian Pacific islander White Women Number .._.^ .,...._ _,.,.... c ow /// ` 3r/ Ownedned J /� ✓� OWNERSHIP INFORMATION: (tis£ each owner of the firm that has S percent or more of the shares in the firm) Name Race Sex Years of Ownership Ownership Percentage Voting Percentage Cc, re,, 334 3`3'6 c I cedi{y th ormation provided herein is true and correct. Federal HN: `� Ei" 3` ,g License Number. rS (Lt DUNS Number l NANRf nAtf IF MORE THAN 50% MINORITY OR WOMEN OWNED, PROCEED TO PART 3. IF LESS, PROCEED TO PART 2 AND PROVIDE INFORMATION ON SUBCONTRACTS AWARDED TO MBE/WBE FIRMS. PARTS CONTRACTING/GOOD-FAITH EFFORT AFFIDAVIT F This Affidavit must be signed, notarized and submitted with your bid or proposal. In addition, documentation must be attached to demonstrate that a good -faith effort was made to secure MBE/WBE participation. Your good -faith effort will be evaluated in accordance with the various criteria listed below. Please initial where indicated that you have read and complied with each requirement. Complete the requested forms and provide the requested documentation as a part of this affidavit. Good Faith Effort Evaluation Criteria Initial here If true and correct 1. The Bidder/Firm attended a pre-bid meeting hosted by the awarding agency to gain knowledge of the project requirements and goals. Z The Bidder/Firm advertised the availability of subcontracting or supply opportunities for MBE/WBE firms in connection with this project. If so, complete the following: Media where advertised: Media contact information: Date(s) of advertisement: Attach copies of the advertisements) to this form and submit with bid. 3, Interested potential MBE/WBE subcontractors were provided with the project plans and specifications. Attach a list of MBE/WBE firms that received project pSans and specifications. Include their address, city, state, zip code, contact person, telephone number. Provide a notation of any responses rece+j'ved from those firms. A. Follow-up contacts were made with potential MBE/WBE firms which expressed on interest in the project. Attach a list of MBE/WBE firms that your company followed-up with. Include their address, city, state, zip code, contact person, telephone number. Provide a(� notation of any responses received from those firms. ova *^� 'S1 "'e P /-& 5. Assistance was requested from organizations which identify potential MBE/WBE firms. Attach a list of organizations consulted to include the name of the organization, address, city, state, zip code, contact person, time and dates contracted, method contacted, and results, Good Faith Effort Evaluation Criteria Initial here If true and correct 6. Potential MBE/WBE firms were contacted and negotiation was made in good _ faith. Attach a list of MBE/WBE firms that your company negotiated with. Include the name of the MBE/WBE firm, address, city, state, zip code, contact person, whether MBE or WBE, if plans or specifications were provided to the other party, and the results of your negotiations. Also attach copies of any internal documents that will evidence the some and submit with bid. Potential MBE/WBE subcontractors were given technical assistance by the bidder or advised that technical assistance was available from the bidder to facilitate understanding of the contract requirements and to complete the paperwork necessary to participate in this contract. Attach a list of MBE/WBE firms that your company provided assistance to. Include the name of the MBE/WBE firm, address, city, state, zip code, contact person, and a description of the technical assistance provided. According to Title 18, Section 1001 of the U.S. Code, it is a felony for any person to knowingly and willingly make false or fraudulent statements to any department of the United States Government. 1, the undersigned, hereby certify that all statements contained herein, are true and correct to the best of my knowledge and belief. Under the penalty of perjury, I certify that the above information is true and correct. SIGNATURE - DATE TITLE ✓ PHONE (NOTARY SEAL) PART 3 CONTRACTING/GOOD-FAITH EFFORT AFFIDAVIT I This Affidavit must be signed, notarized and submitted with your bid or proposal. In addition, documentation must be attached to demonstrate that a good -faith effort was made to secure MBE/WBE participation. Your good -faith effort will be evaluated in accordance with the various criteria listed below. Please initial where indicated that you have read and complied with each requirement. Complete the requested forms and provide the requested documentation as a part of this affidavit. Good Faith Effort Evaluation Criteria Initial here If True and correct 1, The Bidder/Firm attended a pre-bid meeting hosted by the awarding agency to gain knowledge of the project requirements and goals. 2. The Bidder/Firm advertised the availability of subcontracting or supply opportunities for MBE/WBE firms in connection with this project. If so, complete the following: Media where advertised: Media contact information: Dotes) of advertisement: —__, Attach copies of the advertisements) to this form and submit with bid. 3. Interested potential MBE/WBE subcontractors were provided with the project plans and specifications. Attach a list of MBE/WBE firms that received project plans and specifications. Include their address, city, state, zip code, contact person, telephone number. Provide a notation of any responses raceId efrom those (firms. 9 4, Follow-up contacts were made with potential MBE[WBE firms which expressed an interest in the project. 11 � Attach a list of MBE/WBE firms that your company followed-up with. Include their address, city, state, zip code, contact person, telephone number. Provide a notation of any responses received from those firms. f<a ;)t vj R-esPo'-' 'r 5. Assistance was requested from organizations which identify potential MBE/WBE firms. Attach a list of organizations consulted to include the name of the organization, address, city, state, zip code, contact person, time and dates contracted, method contacted, and results. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a A . . . . . . . . . . . . . . . a...tl®0..................... State of California County of _) ss. P On _. t: d (c� before Public, personally appeared Yy t Notary who proved to me on the basis of satisfactory evidence to be the person($} whose name(X) is/fie subscribed to the within instrument and acknowledged to me that he/�ke/*C-y executed the same in his/))ojr/tb<ir authorized capacity(X), and that by his/I<r/t*,r signatures( on the instrument the person'(0), or the entity upon behalf of which the person(' acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sig a re ..............................................®...............................i OPTIONAL INFORMATION Date of Document Type or Title of Document ne-04-J�� �"i2�}}4L'i;neg; � cifS a' Number of Pages in Document Dr ctiment in a Foreign LanguageL. Type of Satisfactory Evidence- _ Personally Known with Paper Identification Paper Identification Credible VVitness(es) Capacity of Signer- Trustee Ponder of Attorney CEO/CFO/C00 _ President / Vice -President FLEEOI Treasurer Other:_._._.. _w Otho;r Information. 31 Thumbprint of Signer kjl check no ,hui?bt?rnt or fineerpnnt is avaflable_ GRIG&SO-C1 LBONILLA CERTIFICATE OF LIABILITY INSURANCE �•/ _ _ _ E jMMrDDrYYff) DAT122/4/2012/4/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Bolton &Company P.O. Box 6030 Pasadena, CA 91102-6030 CONTACT NAME: _ PHONE Arc No Ext626) 799-7000 e: 3 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL4 INSURERA:Golden Eagle Insurance Corp. 10836 INSURED INSURER B: Peerless Insurance Company 24198 INSURERC:Topa Insurance Co. 1803_1 Grigolla & Sons Construction Co., Inc. INSURER D.:California Insurance Company X PO Box 949 Azusa, CA 91702.0949 INSURER E: 5/19/2012 _ INSURER F: UAMAGI RENTEDESEaoccErence $ 100,000 MED EXP (Any one person) $ 5,006 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL UBR POLICY NUMBER POLJCYEFF MMIDOfYYYY1 POLICY EXP (MMIDDnYYY1 GENERAL LIABILITY _LIMITS _ EACH OCCURRENCE $ 1,000,000 'A 'X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE EXI OCCUR X CBP8761283 5/19/2012 5/19/2013 UAMAGI RENTEDESEaoccErence $ 100,000 MED EXP (Any one person) $ 5,006 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GERL AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMPIOPAGG $ 2,000,000 PRO- RO LOC 7POLICY X I JER ED $ AUTOMOBILE LIABILITY Ea acciddeen SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) S B X ANY AUTO BA8276879 5/19/2012 5/19/2013 ALL OViMED SCHEDULED AUTOS AUTOS BODILY INJURY Per $ iawitlenl ) —PROPERTY X HIREDAUTOS X NON-OVvNEO AUTOS DAMAGE $ PER ACCIDENT UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000. C X EXCESSUAB CuIMS-MADE XL660299901 5119/2012 5/19/2013 DED X RETENTION$ 10,000 $ D 'WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICERIMEMBER EXCLUDED? yy (MandatoryinNH) NIA 68314200103 10/1/2012 10/1/2013 INCST OTH- TORY LIMITS EL EACH ACCIDENT $ 1,000,006 - EL DISEASE - EA EMPLOYEE $ 1,000,000 If yes, tlescnbe antler DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS r VEHICLES (Attach ACORD 101, Additional Remarks _—__ _ Schedule, if more space is required) RE: Job #5204 - 2012- 2013 Sidewalk Curb and Gutter Replacement Various locations in Newport Beach C City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers are named as GL Blanket Additional Insured per CG2010 0704 and CG2037 0704 attached, only if required by written contractlagreement. GL Primary Wording applies per 22-111 01107. GL Waiver of Subrogation applies per CG24041093. Notice of Cancellation applies per form IL0017 1198. Workers Compensation Waiver of Subrogation applies per form WC01 0303 HOLDER CANCELLATION j�CERTIFICATE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Newport Beach 3300 Newport Blvd THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Newport Beach, CA 92663 - AUTHORIZED � REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010/05) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to provision a. Primary Insurance of paragraph 4. Other Insurance under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: However, when an additional insured has been added to this Coverage Part by attachment of an endorsement, we will not seek contribution from the "additional insured's own insurance' provided that: (1) You and the additional insured have agreed in a written contract that this insurance is primary and non- contributory; and (2) The "bodily injury' or "property damage" occurs, or the 'personal and advertising injury" is committed, subsequent to the execution of such contract. B. For the purposes of this endorsement the following is added to SECTION V — DEFINITIONS: "Additional insured's own insurance" means other insurance for which the additional Ensured is designated as a Named Insured_ Includes copyrighted material oflnsuranee Services Office, Inc., with its permission. 22-111 (01/07) Page 1 of 1 Forming a part of Policy Number: CBP8761283 Coverage is Provided In GOLDEN EAGLE INSURANCE CORPORATION Named Insured: _ Agent: GRIGOLLA & SONS CONSTRUCTION BOLTON & COMPANY CO INC Agent Code: 4295047 Agent Phone: (800)-439-9337 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s) Of Covered Operations Or Organization(s): ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT, AGREEMENT OR PREMIT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY PROVIDE INSURANCE SUCH AS IS AFFORDED UNDER THIS COVERAGE PART. SCHEDULED LOCATIONS OF COVERED OPERATIONS: ANY LOCATION AT WHICH YOU PERFORM WORK DESCRIBED IN WRITING IN THE CONTRACT, AGREEMENT OR PERMIT FOR A PERSON OR ORGANIZATION THAT HAS BEEN OUALIFIED AS AN ADDITIONAL INSURED UNDER TERMS OF THIS ENDORSEMENT I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2, The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1, All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2, That portion of "your work' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 05r'4912Q'11 8761283 NPC650P 0704 ISO Properties. Inc., 2004 Page 1 of 1 PGDMO60D J32657 GCAFPPN 00010985 Page 79 Forming a part of Policy Number: CBP8761283 Coverage Is Provided In GOLDEN EAGLE INSURANCE CORPORATION Named insured: Agent: GRIGOLLA & SONS CONSTRUCTION BOLTON & COMPANY CO INC Agent Code: 4295047 Agent Phone: (800)-439-9337 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section If — Who Is An Insured is amended to include as an additional isured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury' or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". SCHEDULE Name Of Additional Insured Persons} Or Organization(s): ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT, AGREEMENT OR PERMIT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADD'L INSURED ON YOUR POLICY TO PROVIDE INSURANCE SUCH AS IS AFFORED UNDER THIS COVERAGE PART Location And Description Of Competed Operations: ANY LOCATION AT WHICH YOU PERFORMED WORK DESCRIBED IN WRITING IN THE CONTRACT, AGREEMENT OR PERMIT FOR A PERSON OR ORGANIZATION THAT HAS BEEN QUALIFIED AS AN ADDITIONAL INSURED IN THIS ENDORSEMENT Information required to complete this Schedule, if riot shown above, will be shown in the Declarations. 7 ISD Properties, Inc., 2004 CG 20 37 (07104) INSURED COPY 05/1912611 876126;3 NPC650P 0704 PGDMO60D J32657 GCAFPPN 00610989 Page 83 All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declare - tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insu€ed's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. S. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named insured shown in the Declarations is authorized to make changes In the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and re- cords as they relate to this policy at any time dur- ing the policy period and up to three years after- ward. D. inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; IL 00 17 11 98 b. Give you reports on the conditions we find; and c, Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes in- surance inspections, surveys, reports or rec- ommendations. 4. Paragraph 2, of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa- tive. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 CI Policy Number: CBP 8761283 Coverage Is Provided In GOLDEN EAGLE INSURANCE CORPORATION Named Insured: Agent: GRIGOLLA & SONS CONSTRUCTION BOLTON & COMPANY CO INC Agent Code: 4295047 Agent Phone: (800)-438-9337 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. . , _ �, AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard." This waiver applies only to the person or organization shown in the Schedule below. iYNCf�TII� Name of Person or Organization: ANY PERSONIORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT, AGREEMENT/PERMIT PRIOR TO LOSS THAT WE WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST SUCH PERSON/ORGANIZATI (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). Copyright, Insurance Services Office, Inc., 1992 CG 24 04 (10193) INSURED COPY 08!192011 8761283 NPC650P 0704 PGDMO60D J32657 GCAFPPN 0D010983 Page 77 •.• •, ... •:.., • . .• • r: -. '\fit. L409 111 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( Specific Waiver Name of person or organization: City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 O Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: Job #5204 - 2012/2013 Sidewalk, Curb & Gutter Replacement Newport Beach, CA 3. Premium 150 The premium charge for this endorsement shall be of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium 5. Advance Premium This endorsement changes the policy to which it is attached and is eHecbve on the date issued unless otherwise stated. Endorsement Effective 10/01/12 Policy No, 46-831420-01-03 Endorsement No. 14 Insured Grigolla & Sons Const. Co. , Inc. Premiums 150.00 Insurance Company California Insurance Company Countersigned by e 6' CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 11/29/1.2 Dept./Contact Received From: Date Completed: 12/4/12 Sent to: Company/Person required to have certificate: Type of contract: Shari M Grigolla & Sons Construction Co., Inc. All Other _ I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 5/19/12 to 5/19/13 A. INSURANCE COMPANY: Golden Eagle Insura tce B. AM BEST RATING (A-: VII or greater): A; XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $1,000,000 / $2,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? N Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 5/19/12 to 5/19/13 A. INSURANCE COMPANY: Peerless Insurance Company B. AM BEST RATING (A-: VII or greater) A; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10/1/12 to 10/1/13 A. INSURANCE COMPANY: Califomia Insurance Co B. AM BEST RATING (A-: VII or greater): A; IX C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D, WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY ci�lAf►7:1tc•776-:1 HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: 12/4/12 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _; Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. Im ,"'Y Agenda Item No, 6 November 13, 2012 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works DirectoriCity Engineer 949-644-3311, dawebb eOnewportbeachea.aov PREPARED BY: Alfred Castanon, Associate Civil Engineer APPROVED- �? TITLE: 012-2013 Sidewalk, Curb & Gutter Replacement -- Award of Contract No. 5204 ARSTRAGT: Staff has received construction bids for the 2012-2013 Sidewalk, Curb & Gutter Replacement project and is requesting City Council's approval to award the work to Grigoila & Sons Construction Company, Inc. RECOMMENDATIONS. 1. Approve the project drawings and specifications. 2, Award Contract No. 5204 to Grigolia & Sons Construction Company, Inc„ for the Total Bid Price of $491,400, and authorize the Mayor and the City Clerk to execute the contract. 3, Establish an amount of $49,000 (10%) to cover the cost of unforeseen work not included in the original contract. 4. Approve Budget Amendment No. 13BA- 019 transferring $206,600.00 in project savings from the Fashion Island Area Streets Overlay - Account No. 7281-C2002046 (Measure M Turnback) to Account No. 7281-02001009 (Sidewalk Curb and Gutter Replacement.) This amendment also recognizes $4,800 in revenues to (Account 9010-5901) for private contributions from Lido Isle Community Association and appropriates $4,800 to 7013-C2001009. 9 of 5 2012-2013 Sidewalk, Curb & Gutter Replacement -- Award of Contract No. 5204 November 13, 2012 Page 2 The FY 2012-13 Capital Improvement Program budget included $400,000 in general fund monies and $75,880 in CDBG monies for the 2012-2013 sidewalk project_ On September 11, 2012, City Council approved the award of Ocean Boulevard and China Cove Ramp Slope Maintenance Project {C-3912} which included a budget amendment transferring $175,000 in general funds from the Sidewalk, Curb and Gutter Replacement Program to slope project. To restore funding for the sidewalk project, staff is recommending use of surplus Measure M funds from the Fashion Island Area Streets Overlay and Slurry Project which was accepted as completed on September 11, 2012. Also, this year's project includes 8,000 square feet of colored and stamped concrete sidewalk replacement on Lido Isle. Per Council Policy L-1, the Lido Isle Community Association will contribute $4,800 for coloring and stamping of these new walkways, which represents the difference in cost from standard concrete. Upon approval of the proposed Budget Amendment, there will be sufficient funding in the following accounts for the award of this contract. Account Description Account Number General Fund 7013-C2001009 Community Development Block Grant 7161-C2001009 Measure M Turnback 7281-C2001009 Proposed uses are as follows: Amount $ 263,020.00 $ 75,880.00 $ 206,600.00 $ 545,500.00 Vendor Purpose Amount Grigolla & Sons Construction Co., Inc. Construction Contract $ 491,400.00 Grigolla & Sons Construction Co., Inc. Construction Contingency $ 49,000.00 GMU Geotechnical, Inc. Geotechnical Services $ 4,720.00 Various Printing & Incidentals $_ 3_80.00 Total: $ 545_,500.00-- DISCUSSION. At 10:00 a.m. on October 23, 2012, the City Clerk opened and read the following bids for this project: BIDDER Low Grigolla & Sons Construction Company, 2 Golden State Constructors, Inc. 3 CJ Concrete Construction, Inc. 4 Unique Performance Construction, Inc. 5 Nobest, Inc. 6 Kalban, Inc. 7 S. Parker Engineering, Inc. TOTAL BID AMOUNT Inc. $491,400.00 $552,390.00 $561,350.00 $594,200.00 $710,000.00 $799,000.00 $874,000.00 2 of 2012-2013 Sidewalk, Curb & Gutter Replacement —Award of Contract No. 5264 November 13, 2612 Page 3 The low total bid amount is 18 percent below the Engineer's Estimate of $600,000. The current competitive construction market most likely contributed to the disparity between the received low bid and staffs cost estimate. The low bidder, Grigolla & Sons Construction Company, Inc., possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for the City of Newport Beach and other public agencies. The work necessary to complete this contract consists of existing sidewalk, curb and gutter replacement, curb access ramps, driveways, and pruning tree roots, installing tree root barriers, removal and replacement of trees per City standards within the Balboa Peninsula, West Newport, Newport Shores and Lido Isle communities. Pursuant to the Contract Specifications, the Contractor will have 85 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15302 (replacement of existing facilities involving negligible expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). The Notice Inviting Bids was advertised in the City's official pub is tion and in construction industry publications. Submitted xf1 , David A. Webb Public Works Director/City Engineer Attachments: A. Location Map B. Budget Amendment 3 of ii PRODUCTION VLACC h' n4` 1STH SC ae'S` z �cl%ild r'stwE�T Kaes ..n,- ti J R1VaTE) TREET F=T �j ^�H,vGH N TKCET's P ._.___...- UMMERtlW6�-1CI i""RT 5 Iq t UEO!CAL C '! DU T F � � O�pYIJ l Wyss 5"4 rn° 'ry'x aSia Pin ,. (PVT) i COGC�S ST �'G 4^ sJ' "'t ik coesT ¢AAp v�n,p4 r�AttO Sgm pP�9'° 1``` f oo J vr� CpvTo4rF�\F� A• :� � \ Vie- °'� q C HIOFI4VAY 4 HOAG NAtao, '. I RY h C% eO�� h ��✓� ��N � OOLIS 1: u � Y14j f ti �2 5 � ` j 9 ro y R}1 x 1\V 2 xe FY 2012-2013 SIDEWALK, CURB & GUTTER REPLACEMENT PROJECT OCATION MAP ATTACHMEA CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5204 I SHEET 1 4 32NP 'm 3�i STSG 36M r-- N::5 ST,.i NA ttOp\ ) o pN00�� e NA 8TH ST\9 ATTACHMENT DR dJ .. SANSA: AVO OWE OR SI O bR' (PV NEST Sf10� '00 (PVT) ROAR) R 9L0, }o_Q :4tV�� Bf�O PJ yam? O qts 4J Tq . ��PlncE�� ', .e rrrCh4A�yc FFT��2 a o y +; y 32NP 'm 3�i STSG 36M r-- N::5 ST,.i NA ttOp\ ) o pN00�� e NA 8TH ST\9 ATTACHMENT w sm Wmammmumm C-5204 I SHEET 2 5 of dJ b � ,. 9Lf✓ _ : _ O' nS_ PO ST q , 'OpD P440 FIw Q Tf a o y +; y f �LtFF I . •,.N O'. �h•C5 OtWE .,. C.! w sm Wmammmumm C-5204 I SHEET 2 5 of City of NewportBeach NO. BA- 13BA-019 BUDGET AMENDMENT 2012-13 AMOUNT: $211,444.40 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND 8Decrease in Budgetary Fund Balance X Transfer Budget Appropriations X No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase revenue and expense appropriations for reimbursement from Lido Isle Community Association for coloring and stamping of new walkways per Council Policy L-1. To transfer expenditure appropriations from the Fashion Island Area Streets Overlay account to the Sidewalk, Curb, Gutter Replacement account for the Sidewalk, Curb, Gutter Replacement project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit REVENUE ESTIMATES (3601) Fund/Division Account Description 9010 5901 ND Gen Fund - Private Donatn/Contributions $4,800.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7281 Measure M - Turnback Account Number C2002046 Fashion Island/Area Streets Overlay $206,600,00 Division Number 7281 Measure M - Turnback Account Number C2001009 Sidewalk/Curb/Gutter & ADA $206,600.00 Division Number 7013 Street Account Number C2001009 Sidewalk/Curb/Gutter & ADA $4,800.00 Division Number Account Number ' Automatic System Entry, Signed:! ncialApproval: manc 1Slr ctor Date Signed: = C 11�7�1Z Ad strat e Approval: City Manager Date Signed: City Council Approval: City Clerk Date